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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.

March 25, 2015

Schlumberger Oilfield Holdings Ltd., a wholly-owned subsidiary of Schlumberger Ltd., agreed to enter a guilty plea and pay a $232,708,356 penalty for violating the International Emergency Economic Powers Act by willfully facilitating illegal transactions and engaging in trade with Iran and Sudan. 

March 24, 2015

MTU America Inc., a subsidiary of Rolls-Royce Power Systems AG, agreed to pay a $1.2 million penalty to settle charges it violated the Clean Air Act by failing to ensure its compliance with federal emission standards for its heavy-duty diesel non-road engines used in mining, marine and power generation vehicles and equipment. 

March 23, 2015

California-based Fireman’s Fund Insurance Company, a subsidiary of Allianz SE, agreed to pay $44 million to settle allegations it violated the False Claims Act by issuing insurance policies that were ineligible under the US Department of Agriculture’s federal crop insurance program and falsifying documents in support of the improper issuances. 

March 23, 2015

Former principal vice president of Bechtel Corporation Asem Elgawhary was sentenced to 42 months in prison for accepting $5.2 million in kickbacks to manipulate the competitive bidding process for state-run power contracts in Egypt.  One of the power companies who supplied the bribes, Alstom S.A., pleaded guilty in December to violations of the Foreign Corrupt 91porn Act. 

March 23, 2015

Michigan-based Portage Hospital, LLC agreed to pay $4,446,392 to settle allegations its hospital-owned home health care agency, Portage Health Home Care & Hospice, violated the False Claims Act by submitting false claims to Medicare for unnecessary or unwarranted physical therapy services. 

March 20, 2015

A federal jury in Los Angeles convicted Hakop Gambaryan, owner of Colonial Medical Supply, of four counts of health care fraud in connection with a $3.3 million Medicare fraud scheme.  According to evidence presented at trial, Gambaryan paid cash kickbacks to medical clinics for fraudulent prescriptions for durable medical equipment, such as expensive power wheelchairs, which the patients did not need, and then used these fraudulent prescriptions to bill Medicare. 

March 20, 2015

A federal jury in Los Angeles convicted Sylvia Walter-Eze, former owner ofEzcor Medical Supply, in connection with a $3.5 million Medicare and Medi-Cal fraud scheme.  The evidence at trial demonstrated that Walter-Eze paid illegal kickbacks to patient recruiters in exchange for patient referrals, and to physicians for fraudulent prescriptions for power wheelchairs and other medically unnecessary equipment. 

March 19, 2014

Pennsylvania-based heart monitoring company BioTelemetry Inc. agreed to pay $6.4 million to resolve allegations its subsidiary CardioNet violated the False Claims Act by overbilling Medicare and other federal health programs for Mobile Cardiac Outpatient Telemetry services when those services were not reasonable or medically necessary. 

March 19, 2015

Bank of New York Mellon agreed to pay $714 million to settle charges the bank engaged in fraud and other misconduct when providing foreign exchange (“FX”) services to its customers.  As part of the settlements with the US and New York, BNYM admitted that contrary to representations to clients that it provided “best rates” and “best execution” for FX transactions, the Bank actually gave clients the worst reported interbank rates of the trading day.  The charges originated in a lawsuit brought by a whistleblower under the New York False Claims Act.  

March 19, 2014

Adventist Health System Sunbelt Healthcare Corporation agreed to pay $5,412,502 to resolve claims it violated the False Claims Act by providing radiation oncology services to Medicare and TRICARE beneficiaries that were not directly supervised by radiation oncologists or similarly qualified persons.  The allegations arose in a whistleblower lawsuit filed by Dr. Michael Montejo, a radiation oncologist and former employee of Florida Oncology Network P.A., under the qui tam provisions of the False Claims Act.  Dr. Montejo will receive a whistleblower award of $1,082,500. 
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