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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.

January 19, 2021

Portable fuel container manufacturer Midwest Can Company will pay a $1.7 million fine to resolve claims that its products failed to meet regulatory standards, resulting in the emission of volatile organic compounds (VOCs).  The company was alleged to have concealed test results showing the failure to meet regulatory standards when it applied for a certificate of conformity from the EPA.  ;

January 19, 2021

Texas-based Allstate Hospice LLC and Verge Home Care LLC and their founders, Onder Ari and Sedat Necipoglu, have paid over $1.8 million to resolve allegations of submitting claims to Medicare that were tainted by improper inducements.  In violation of the Physician Self-Referral Law and False Claims Act, the defendants allegedly set up monthly payments to referring physicians through sham medical directorship agreements, sold interests to five referring physicians in order to provide them with substantial quarterly dividends, and provided other referring physicians with free tickets and travel. 

January 15, 2021

The co-owner of multiple compounding pharmacies and pharmaceutical distributors in Mississippi has been sentenced to 18 years in prison and ordered to pay over $287 million in restitution and over $56 million in forfeiture after pleading guilty to healthcare fraud and money laundering.  As part of his guilty plea, Wade Ashley Walters admitted to being the mastermind behind a four-year scheme that defrauded TRICARE and private health benefit programs of over $287 million.  To perpetuate the fraud, Walters and his co-conspirators solicited and paid recruiters to procure prescriptions for highly reimbursed compounded medications, solicited and paid physicians to authorize prescriptions for same, adjusted prescription formulas to ensure the highest reimbursement possible, and improperly waived or reduced mandatory beneficiary copayments. 

January 14, 2021

Indonesia-based paper products manufacturer PT Bukit Muria Jaya will pay $1.6 million and enter into a deferred prosecution agreement with a compliance program to resolve charges that the company illegally shipped products to North Korea in violation of U.S. sanctions law, and took steps to conceal the true nature of the transactions from U.S. banks.  ;

January 14, 2021

Toyota Motor Company and its affiliates have agreed to pay a $180 million penalty and undertake compliance efforts to resolve civil claims of violations of the Clean Air Act.  In a consent judgment, Toyota admitted that between 2005 and 2015, it failed to timely submit required reports regarding defects in emissions control systems and recalls to repair emissions systems defects, and failed to even implement systems designed to determine whether such reports were required, despite objections from Toyota staff.  As a result, Toyota avoided disclosure of emission systems defects. 

January 12, 2021

Boeing-owned drone maker Insitu Inc. has agreed to pay $25 million to resolve a whistleblower-brought suit alleging violations of the False Claims Act.  According to D.R. O’Hara, a former executive at Insitu, the company knowingly submitted cost and pricing data for new parts, but used recycled parts to build drones being supplied to the U.S. Navy and U.S. Special Operations Command on seven contracts.  The alleged misconduct ran from 2009 to 2017.  For exposing the fraudulent scheme, Mr. O’Hara will receive $4.6 million of the settlement proceeds. 

January 11, 2021

California-based AutoGenomics, Inc. has agreed to pay over $2.5 million to settle allegations of submitting kickback-tainted claims to Medicare.  Between 2013 and 2015, AutoGenomics allegedly paid kickbacks to a healthcare marketing company for each genetic test performed by AutoGenomics’ former laboratory, PersonalizeDxLabs.  The kickbacks were only paid if the claims were reimbursed by Medicare.  Pursuant to the agreement, the company linked up with Prestige Administrative Services, LLC, which owns and operates residential nursing homes in multiple states, to identify and obtain samples from Prestige’s Medicare patients to send to PersonalizeDxLabs, in violation of the Anti-Kickback Statute and the False Claims Act. 

January 11, 2021

Defense contractor Raytheon Technologies Corporation and its subsidiary, Hamilton Sundstrand Corporation, have agreed to pay over $515,000 to settle allegations of submitting false claims for payment.  Between 2006 and 2015, Raytheon and Hamilton improperly certified that goods it sold either directly to the government or to suppliers selling to the government were of domestic origin, when in fact they were manufactured in Romania.  The false certifications violated the contracts’ domestic-preference requirements, the Buy American Act of 1933, and the False Claims Act. 

January 11, 2021

Steve Chen was sentenced to 10 years in prison following his guilty plea to charges arising from his promotion of a pyramid/Ponzi scam that netted $147 million from tens of thousands of investors.  Chen told victims that they could purchase interests in U.S. Fine Investment Arts, Inc. and other companies owned by him, falsely claiming that those companies mined and sold amber and other gemstones, and enlisted those investors to recruit others by awarding them bonuses and “Gem Coins” that he claimed were a digital currency. 

January 8, 2021

Ducci Electrical Contractors, Inc. has agreed to pay more than $3.2 million to resolve criminal and civil charges alleging fraud on two public construction contracts in Connecticut that were largely funded by the U.S. Department of Transportation’s Disadvantaged Business Enterprise (DBE) program.  The two contracts—one from 2007 that was valued at over $79 million, and the other from 2012 that was valued at nearly $7 million—Ducci indicated that it would subcontract with a particular DBE at 13% and 12% respectively.  However, in violation of the terms of the program, Ducci controlled most of the decisions made by the DBE, preventing the DBE from performing a commercially useful function on either contract, and falsely submitted to the government that the DBE had performed the work. 
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