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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.

July 18, 2018

Two consulting companies and nine nursing homes will pay $10M to resolve allegations that they submitted claims for medically unnecessary rehabilitation services to Medicare. Medicare reimburses nursing homes based on Resource Utilization Group (RUG) levels, which are supposed to determine the amount of skilled therapy required by a patient. The government alleges that the nursing homes, as advised by the consulting companies, encouraged medically unreasonable and unnecessary therapy to inflate RUG levels. The case was filed by three whistleblower, who will receive a total award of $2M.

July 18, 2018

AngioDynamics, a New York-based medical device manufacturer, will pay $12.5M to settle allegations that it caused healthcare providers to submit false claims to Medicare and Medicaid. $11.5M of settlement resolves allegations that the aggressively marketed an unapproved drug delivery device, the LC Bead, with false and misleading statements. The remaining $1M resolved allegations that the company sold a device that was approved to collapse malfunctioning superficial veins to collapse malfunctioning perforator veins, also using false and misleading statements. The LC Bead-related fraud was brought to light by a whistleblower who will receive an award of $2.3M.

July 17, 2018

County Ambulance, Inc. has paid $16.7K to settle allegations that it violated the FCA by using money it received from Medicare and Mainecare to pay the salary of an employee who had previously been excluded from those programs.

July 17, 2018

Rodolfo Sablon has pled guilty to insider trading charges in connection with a tender offer for his role in an insider trading scheme based on material, nonpublic information that Sablon received from a former employee at the bank. Sablon collected more than $2M in illicit investments based off of his scheme.

July 16, 2018

Two additional Southern California surgeons have been indicted in a kickback scheme that is alleged to have generated over a billion dollars in fraudulent claims to federal and California healthcare programs. The two physicians were charged for their roles in receiving kickbacks to refer patients to Pacific Hospital.

July 16, 2018

Healthquest, Inc. and its owners have settled FCA allegations for $1.5M. According to the government, the home health care company, paid kickbacks to marketers to induce patient referrals. The company has also entered into a 5 year corporate integrity arrangement. The allegations were first brought by a whistleblower, a former marketer, who will receive $300K.

July 16, 2018

An former airport contractor has plead guilty to paying over $5M in bribes and kickbacks to a field inspector at the Wayne Country Airport Authority in Wayne County, Michigan. According to the government’s allegations, William Pritula, paid the bribes in kickbacks in exchange for favorable treatment for his company, Pritula and Sons, in contracts for pavement repair and fire hydrant installation at Detroit’s airport. The inspector who received the bribes is a co-defendant in the action.

July 13, 2018

Orthopedic specialists in Oklahoma have agreed to pay $670,000 to settle allegations in a False Claims Act qui tam that they falsely billed Medicare, Medicaid, and Tricare for unnecessary ultrasonic guidance procedures and for services that were not performed.  The settlement resolved two claims in the whistleblower action, brought by a former employee, in which the government had intervened prior to settlement; other claims continue to be litigated. 

July 13, 2018

William Liberman of Florida was sentenced to 84 months in prison for his role in a stock pump-and-dump scheme.  Liberman and his co-conspirators made false representations about the performance of multiple companies of which he was an officer, in order to drive up the value of the stock and enrich themselves.  Liberman earned more the $1.2 million through the scheme, which left 12,000 investors with a total loss of $19 million.  He also failed to report the income, evading over $400,000 in federal taxes, which he has been ordered to pay, along with $5.3 million in restitution to investors. 

July 12, 2018

Navnoor Kang, the former head of the New York State Common Retirement Fund, the third-largest pension in the country, was sentenced to 21 months in prison for conspiracy to commit securities fraud and wire fraud.  Kang accepted bribes in return for steering over $2 billion worth of investments to particular firms, generating massive commissions for those who bribed him.  The USAO of SDNY coordinated with the SEC, which brought its own civil enforcement action against Kang. 
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