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DOJ Enforcement Actions

The is the principal federal agency authorized to enforce the laws and defend the interests of the United States. As such, it oversees the enforcement of the False Claims Act, the foundation of the American whistleblower system, as well as numerous other laws.

The agency traces its origins to the Judiciary Act of 1789 which created the Office of the Attorney General, and the 1870 Act to Establish the Department of Justice, which established the agency as “an executive department of the government of the United States” with the Attorney General as its head.

The agency is comprised of numerous divisions with the Civil Division and in some instances, the Criminal Division, overseeing investigations and prosecutions under the False Claims Act. The of the federal district where the False Claims Act case is filed also plays a key role in False Claims Act enforcement.

Below are summaries of recent DOJ settlements or successful resolutions under the False Claims Act as well as other successful prosecutions for fraud and misconduct. If you believe you have information about fraud which could give  rise to a claim for a whistleblower reward, please contact us to speak with one of our experienced whistleblower attorneys.

September 10, 2018

A contractor tasked with replacing the roof and air conditioning systems in government buildings in Tennessee has been sentenced to 24 months in prison for fraud. The contractor, M. Cleve Collins, had filed false reimbursement claims with the General Services Administration (GSA) for $580,000 that he'd supposedly paid a small roofing subcontractor for work it had performed. However, the subcontractor was never paid, and Collins has been ordered to pay restitution of $517,750.

September 10, 2018

Michael Brian Anderson, a shrimper and fisherman, has been sentenced to 77 months in prison for defrauding Customs & Border Protection (CBP), after earlier being convicted of false statements, mail fraud, and money laundering. Under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), federal subsidies are made available to American shrimpers to offset revenue lost to competitors in the global marketplace. As a domestic shrimper, Anderson was eligible to apply for the subsidies but fraudulently inflated his expenses to more than $24 million for a two year period. He then received $800,00 in subsidies, which he used to purchase boats, real estate, and stocks. In addition to his prison sentence, he is now due to pay restitution to CBP for $818,234.

September 6, 2018

Newman Broadcasting, Inc. has been issued a judgment for breach of contract with the Federal Communications Commission (FCC) and will pay $910,700 to resolve a lawsuit alleging False Claims Act violations. While bidding for rights to certain radio frequencies, the Florida-based broadcasting company had falsely certified that it was eligible to receive a credit for new participants, when in fact it was not because it was partially owned and operated by an experienced industry professional.

September 6, 2018

The owner of New Jersey-based defense contracting firm, Bright Machinery Manufacturing Group Inc (BMM), has been charged with defrauding the Department of Defense and violating the Arms Export Control Act. From 2010 to 2015, Ferdi Gul—currently at large in Turkey—submitted bids and was awarded 346 contracts worth $7 million to manufacture military parts within the U.S., including torpedoes, firearms, and mine clearance systems. Instead, Gul had the parts made in Turkey, submitted false quality control paperwork, and sent the parts back to the U.S. to DoD customers. In subsequent testing by the DoD, some of the parts were shown to be essentially unusable. If found and convicted, Gul could be imprisoned for a maximum of 160 years and be ordered to pay up to $3.5 million.

September 4, 2018

Houston psychiatrist Riyaz Mazcuri was sentenced to 12.5 years in prison following his conviction at trial for defrauding Medicare and Medicaid through the submission of $155 million in false and fraudulent claims for "partial hospitalization program" services, a form of intensive outpatient treatment for patients with mental illness.  Mazcuri falsified records to make it appear as if patients admitted to the PHPs qualified for, required, and actually received the intensive psychiatric services.

August 29, 2018

Atlantic Mobile Imaging Services, Inc. has agreed to pay $321,388.50 to settle allegations that it knowingly billing federal healthcare programs over $160,000 for x-ray services provided while it was unlicensed, in violation of the False Claims Act. The alleged fraud took place over a span of six months in 2015.

August 28, 2018

Dermatology Healthcare will pay $4 Million to settle allegations of healthcare fraud which violate the False Claims Act. Dermatology Healthcare submitted false claims in order to be paid millions in Medicare and Medicaid reimbursements for treatment of non-melanoma skin cancer during which superficial radiation therapy is administered. It is alleged that the superficial radiation therapy was not properly supervised during treatment and that other procedures in relation to superficial radiation therapy were up-coded. It is further alleged that the radiation simulations were overly used. This settlement is the conclusion of a lawsuit filed by dermatologist Theodore A. Schiff, M.D., under the qui tam provisions of the False Claims Act in the United States District Court for the Middle District of Florida.

August 27, 2018

Following a lawsuit by whistleblower Dr. Stephen Dean, seven defendants in the ambulance industry have agreed to pay over $21 million altogether in order to settle claims that they violated the Anti-Kickback Statute and False Claims Act. The defendants with the largest fines—East Texas Medical Center and Paramedics Plus—had been accused of giving kickbacks to the others in exchange for their business. For his role in the case, Dr. Dean will receive $4.9 million. ;

August 23, 2018

Reliant Rehabilitation Holdings Inc has agreed to pay $6.1 million to settle claims brought on by whistleblower Dr. Thomas Prose that it paid kickbacks to doctors and nursing homes to promote its business and filed reimbursement claims arising from improper contracts — both violations of the False Claims Act. Under the settlement agreement, Dr. Prose will receive a relator’s share of $915,000.

August 21, 2018

Physician Ewald J. Antoine, of Valley Stream, New York, was convicted today and sentenced to one year and one day in prison for his part in a $30 million health care scheme involving Medicare and Medicaid. Dr. Antoine is one of eight defendants sentenced in this case. Under the direction of Aleksandr Burman, co-conspirator and owner of six medical clinics in Brooklyn, Antoine feigned ownership of two of the six clinics and fraudulently billed Medicare and Medicaid for unprovided medical services and supplies. In addition to prison time, Dr. Antoine has been ordered to pay $1,825,544 in restitution. He has also been ordered to give up $269,412 in illegally-gained profits.     See related sentencing of Dr. Paul Mathieu and Lina Zhitnik.
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