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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 3, 2018

				 A Virginia woman who owned several Medicaid support services companies has agreed to pay $1 million and to accept a lifetime ban on participation in the Virginia Medicaid Program as part of a settlement of allegations that she defrauded the program.  Dawn Sykes allegedly paid illegal kickbacks and sought reimbursement for services that were not provided or were provided to ineligible recipients.  The investigation was launched by a qui tam lawsuit under the FCA and Virginia Fraud Against Taxpayers Act, and the whistleblower will receive 18 percent of the settlement.  				 					 

						
Tagged in:
													  FCA Federal, 
													  FCA State, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 3, 2018

				 A New York attorney was sentenced to seven years in prison for defrauding investors in a Ponzi-style scheme he created.  He was also required to pay just over $2 million in restitution to his investors.  Like the namesake scheme, this one relied on using new investors to pay out the supposed returns of the initial investors.  				 					 

						
Tagged in:
													  Misrepresentations, 
													  Ponzi Schemes, 
													  Securities Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 2, 2018

				 Virginia in-home healthcare provider Hope In-Home Care, LLC, will pay $3.3 million to resolve allegations that it fraudulently billed Medicaid for a series of false statements and billing related to the provision of personal care services.  Specifically, the USAO and Virginia Attorney General alleged that Hope In-Home Care billed for services that it did not perform and for services provided by uncertified personal care aides, and it falsified records to conceal these frauds.  				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Home Health and Hospice, 
													  Improper Medical Personnel, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 2, 2018

				 FWC Urogynecology, LLC agreed to pay $1.7 million to settle allegations under the False Claims Act. FWC allegedly misused Medicare billing codes by billing modifier 25 for services that were not billable or that it did not provide. The alleged conduct occurred between 2012 and 2017. 				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 29, 2018

				 A former CEO of a software company in Sterling, Virginia, was sentenced to 21 months in prison for conspiring to defraud the government by failing to pay over employment taxes announced the Justice Department’s Tax Division. According to court documents, Robert Lewis was the CEO of Enterworks, Inc., a software company in Sterling, Virginia. From January 2011 to February 2013, Lewis conspired with Kristie McDonald, Enterworks’ Vice President of Finance and Administration, to defraud the United States by failing to pay over to the IRS more than $1.8 million in payroll taxes withheld from employee paychecks. As part of their scheme, Lewis and McDonald circumvented the company’s normal payroll and accounting procedures by paying some employees with manual paychecks. The employees still received the correct pay after withholdings, but by bypassing the accounting system, Lewis and McDonald were able to hide the fact that the withholdings were not being paid over to the IRS. 				 					 

						
Tagged in:
													  Employment Tax Fraud, 
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 29, 2018

				 A Newington, Connecticut, insurance salesman was sentenced to 70 months in prison for tax fraud, announced the Justice Department’s Tax Division. Terry DiMartino was convicted after a jury trial in March 2016 of one count of corruptly interfering with the due administration of the internal revenue laws, two counts of filing false tax returns and five counts of willfully failing to file tax returns. DiMartino was an insurance salesman for numerous insurance companies located in Connecticut and elsewhere. According to the evidence presented at trial, DiMartino attempted to obstruct the IRS by mailing false documents to the IRS, including three false tax returns for the 2007 tax year, one of which requested a fraudulent $14 million refund. He sent false and threatening correspondence to the IRS in an attempt to defeat the IRS’s assessment, collection and investigative efforts. 				 					 

						
Tagged in:
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 5, 2018

				 Credit Suisse will pay a total of $77 million – $47 million as a criminal penalty and $30 million in disgorgement and interest – to resolve charges that it obtained investment banking business in the Asia-Pacific region by corruptly influencing foreign officials in violation of Foreign Corrupt 91porn Act (FCPA).  The government charged that Credit Suisse attempted to secure banking business by offering of employment to family and friends of influential Chinese government officials.  ; ; 				 					 

						
Tagged in:
													  FCPA, 
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 29, 2018

				 Nermin Awad El-Hadik was sentenced to five years in prison for his role in paying kickbacks to a medical provider. El-Hadik paid more than $5.3 million in a kickback scheme in exchange for referrals of injured employees covered by the Department of Labor Federal Employees’ Compensation Act. El-Hadik was also ordered to pay over $5.3 million in restitution. 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Healthcare Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 29, 2018

				 Preferred Care Inc. and its related skilled nursing facility and owner agreed to pay $540,000 to resolve allegations under the False Claims Act. The allegations claimed that Preferred Care and its various related entities submitted claims to Medicare after providing worthless services to patients and also participated in upcoding other services. 				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  SNF, 
													  Upcoding, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
June 29, 2018

				 Albert Golant was charged multiple counts of wire and bank fraud in connection with a scheme to obtain funds from third-party vehicle brokers, investors, and other lenders under the premise of purchasing luxury vehicles to send abroad. Golant would allegedly then misappropriate the money for his own personal benefit. Under the charges, Golant allegedly diverted tens of millions of dollars to himself that he used primarily on gambling. 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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