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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.

				

			

			
						
					
			

	
		
		

			

				
				
December 7, 2020

				 The largest non-bank mortgage servicer in the country, Nationstar Mortgage, has agreed to pay $79.2 million in restitution to over 55,000 borrowers in all 50 states and the District of Columbia who were harmed by the lender’s noncompliance with numerous laws, including the Consumer Financial Protection Act of 2010, Real Estate Settlement Procedures Act (RESPA), and Homeowner’s Protection Action of 1998 (HPA), from 2011 to 2017.  Additionally, Nationstar will pay another $7.1 million in costs and penalties to government parties.  ; ; ; ; 				 					 

						
Tagged in:
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 7, 2020

				 DISH Network LLC has agreed to pay a record-breaking $126 million in civil penalties for violating the FTC’s Telemarking Sales Rule, as well as a combined $84 million to the States of California, Illinois, North Carolina, and Ohio for violating the Telephone Consumer Protection Act.  In 2017, a federal district court found DISH liable for more than 66 million unlawful telemarketing calls made directly by the company or by retailers marketing their products and services.  The total settlement amount, $210 million, represents the largest civil penalty ever obtained for do-not-call violations.  ; ; 				 			
	
		
		
	


 			




	
		
		

			

				
				
December 4, 2020

				 Joint Active Systems, Inc. (JAS), a durable medical equipment manufacturer, and New England Orthotics & Prosthetics, LLP (NEOPS) have agreed to pay $1.59 million and $90,000 respectively to resolve allegations of defrauding multiple federal healthcare programs—including TRICARE, Medicare, and Medicaid programs in Connecticut, Massachusetts, and Rhode Island—through a variety of fraudulent schemes.  According to a qui tam suit filed by two former NEOPS employees, JAS allegedly recruited NEOPS to bill Medicare and Medicaid for custom-fabricated orthotics that were not custom-fabricated orthotics, nor medically necessary, and falsely claim that JAS-affiliated sales representatives were properly trained to treat patients during fittings.  Additionally, JAS allegedly overcharged the VA for its devices by as much as 300%.  For blowing the whistle on these fraud schemes, the whistleblowers will receive a 17% share of the settlement proceeds.  				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Improper Medical Personnel, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Medical Devices and DME, 
													  Other Government Health Programs, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 3, 2020

				 Workrite Ergonomics LLC and its parent company, Knape & Vogt Manufacturing Co., have agreed to pay $7.1 million to resolve a qui tam suit brought by a former sales manager, Michael Franchek, which alleged that Workrite overcharged the federal government for office furniture purchased under General Services Administration (GSA) contracts.  Workrite allegedly failed to provide GSA, and state agencies that relied on GSA's pricing, with accurate information during contract negotiations, and failed to extend lower prices to government customers as required by contract provisions.  As part of the settlement, Franchek will receive a relator’s share of $1.27 million.  ; ; 				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  FCA Federal, 
													  FCA State, 
													  Government Procurement Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 3, 2020

				 The U.S. affiliate of one of the world’s largest energy trading firms has agreed to resolve investigations by U.S. and Brazilian authorities into alleged violations of the Foreign Corrupt 91porn Act by paying a combined $135 million, as well as an additional $16 million in penalty and $12.7 million in disgorgement to the CFTC.  From 2005 to 2020, Vitol Inc. allegedly paid millions of dollars in bribes to government officials in Brazil, Ecuador, and Mexico in order to obtain competitive advantages.  Many of the bribes were paid to officials at Brazil’s state-owned and state-controlled oil company, Petróleo Brasileiro S.A., through a series of intermediaries, fictitious companies, fictitious email accounts, and code names.  This is the first action involving foreign corruption that was brought by the CFTC.  ; ; 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  FCPA, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 2, 2020

				 The owner and operator of Atlanta-based Elite Homecare has been sentenced to over five years in prison and ordered to pay $999,999 in restitution for defrauding Medicaid of nearly $1 million.  As a provider under the Georgia Pediatric Program (GAPP)—an in-home nursing program for Medicaid-eligible children with severe physical and cognitive disabilities—Diandra Bankhead allegedly submitted thousands of claims for services that were fraudulent in a myriad of ways.  Some of the claims falsely represented that employees provided more than 24 hours of services in a given day to multiple children simultaneously (including to children whose families had not retained Elite, and by RNs who did not know their credentials were being used), while other claims contained fraudulent credentialing information and fraudulent supporting documentation, or were upcoded to induce higher payments from Medicaid.  Additionally, Bankhead allegedly “sold” information about twenty of Elite’s former clients to another Atlanta-based home health provider in exchange for a percentage of the reimbursements from Medicaid.  				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA State, 
													  Healthcare Fraud, 
													  Home Health and Hospice, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
													  Upcoding, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 2, 2020

				 Energy company SCANA Corp. has agreed to pay a $25 million penalty to settle SEC charges of defrauding investors.  SCANA and its subsidiary, South Carolina Electric & Gas Co. (SCE&G), have also agreed to pay $112.5 million in disgorgement.  According to the SEC, SCANA, SCE&G, and top executives Kevin Marsh (former CEO) and Stephen Byrne (former executive VP) defrauded investors by making false and misleading statements concerning a nuclear power plant expansion that they said would qualify the company for more than $1 billion in tax credits.  However, defendants knew the project was far behind schedule and likely to be scrapped.  The false statements led investors to buy more than $1 billion in bonds, and caused millions of dollars in losses when the project was ultimately scrapped in mid-2017.  ; 				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
December 1, 2020

				 Singapore-based international shipping company Pacific Carriers Limited (PCL) was ordered to pay a fine of $12 million following its guilty plea to charges including its violation of the Act to Prevent Pollution from Ships.  PCL admitted that its ship the M/V Pac Antares discharged oily bilge water, oil waste, oily garbage, and plastic, without using required pollution-prevention equipment or properly recording the discharges in the vessel’s oil record book or garbage record book.  Some oily waste discharges were made through a laundry sink which discharged directly overboard, and inspectors discovered a configuration of drums, flexible hoses and flanges that were used to bypass the vessel’s oily water separator.  In addition, PCL admitted that the ship stored oily waste in the duct keel in a manner that created a hazardous condition subject to reporting.  The problems were reported to Customs and Border Protection by a crewmember who walked off the ship when it arrived in North Carolina.  				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Environmental Fraud, 
													  Ocean Dumping, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 30, 2020

				 An attorney in Pennsylvania who defrauded his own clients through a $2.7 million Ponzi scheme has been sentenced to 6.5 years in prison and ordered to pay over $2.1 million in restitution and $273,091 in forfeiture.  In pleading guilty earlier this year, Todd Lahr admitted to soliciting investments from his clients for business opportunities that didn’t actually exist—including property leases in Europe and mining operations in Papua New Guinea—and then using the money that he didn’t spend on personal expenses to pay prior investors.  The monetary penalty in this criminal action will be offset by the final judgment obtained by the SEC in June; in the  with the SEC, Lahr was ordered to pay over $1.1 million in disgorgement and pre-judgment interest.  ; 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
													  Ponzi Schemes, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
November 24, 2020

				 Florida-based Doctor’s Choice Home Care, Inc. and its founders and former top executives Timothy Beach and Stuart Christensen have agreed to pay a combined $5.15 million to settle qui tam suits filed under the False Claims Act by former employees—one by Corina Herbold, and the other by Sara Billings, Misty Sykes, and Marina Eschoyez-Quiroga.  In violation of the Anti-Kickback Statute and the Stark Law, the home health agency had allegedly set up sham medical director agreements with physicians to pay them for referrals, linked employee bonuses to referrals made by physician spouses, and provided medically unnecessary services to Medicare patients in order to avoid decreased reimbursements triggered by fewer than five skilled service visits.  To settle the allegations, Doctor’s Choice will pay over $4.5 million, while Beach and Christensen will pay $647,000 each.  Billings, Sykes, and Eschoyez-Quiroga will jointly receive $145,000 of the settlement proceeds; Herbold’s share has yet to be determined.  ; 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Lack of Medical Necessity, 
													  Medical Billing Fraud, 
													  Medicare, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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