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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.

October 29, 2020

Medtronic has agreed to pay over $9.2 million to resolve allegations of violating the False Claims Act and CMS’s Open Payments Program by paying kickbacks to a South Dakota-based neurosurgeon, Wilson Asfora, M.D., in order to induce sales of its SynchroMed II implantable intrathecal infusion pumps. According to the government, Medtronic allegedly sponsored nine years’ worth of events at a restaurant owned by Asfora, and to which Asfora would invite his acquaintances, business partners, trusted colleagues, and referral sources. For his role in the kickback scheme, Asfora has been named in a separate FCA lawsuit, which the United States joined last November. 

October 27, 2020

In what appears to be one of the largest Post-9/11 G.I. Bill fraud cases ever prosecuted in the country, the owner of a technical training school in San Diego has been sentenced to over three years in prison and ordered to pay almost $30 million in restitution for defrauding the VA out of almost $30 million. To conceal the fact that Blue Star Learning had close to 100% veteran students—which violated the VA’s “85/15 Rule” that required 85% non-veteran students per course—and to conceal the fact that most of the school’s graduates did not obtain jobs in the fields they were trained in, owner Nimesh Shah allegedly created and submitted elaborate student and graduate files to the California State Approving Agency for Veterans Education (CSAAVE) and the VA. Because he knew the fake students and employers could be contacted by the agencies, Shah went so far as to have an employee buy 30 mobile phones outfitted with fake company voicemails, as well as hire overseas individuals to man fake email addresses that he created. As a result of the fraud scheme, Blue Star Learning was paid over $11 million in tuition and over $18 million in housing allowances and stipends. 

October 27, 2020

Chicago-based distillery Beam Suntory Inc. (Beam) has agreed to pay over $19.5 million to settle allegations of paying bribes to Indian government officials between 2006 to 2012, in violation of the Foreign Corrupt 91porn Act (FCPA). At least some of the bribes were authorized by a high-level regional executive and paid by third parties. Additionally, Beam intentionally failed to implement internal controls to prevent such conduct, as well as falsified books and records to conceal the bribes after they were paid. As part of the settlement, Beam admitted to the charges and agreed to a three-year deferred prosecution agreement. 

October 23, 2020

Great Lakes Medical Laboratory, Inc. will pay $1.2 million to resolve claims that it overbilled for urine and blood sample testing in West Virginia and elsewhere, including by separately charging for tests that were already covered by other laboratory services billing, and by billing for tests that were not ordered and/or not actually performed.

October 22, 2020

Guild Mortgage Company, based in San Diego, has agreed to pay $25 million to resolve whistleblower-brought allegations of knowingly breaching material program requirements in connection with mortgages insured by the Federal Housing Administration (FHA). As a participant of the FHA’s mortgage insurance program, Guild had the authority to originate and underwrite mortgages without government review for compliance with program rules. According to the former head of quality control, Kevin Dougherty, Guild failed to comply with those rules when it knowingly approved ineligible loans that later defaulted. Dougherty will receive a relator’s share of nearly $5 million.

October 22, 2020

The Goldman Sachs Group, Inc. and its Malaysian subsidiary, Goldman Sachs (Malaysia) Sdn. Bhd. (GS Malaysia) have pleaded guilty to conspiracy to violate the Foreign Corrupt 91porn Act (FCPA), entered into a deferred prosecution agreement with DOJ, and agreed to pay $2.9 billion as part of a coordinated resolution with authorities in the U.S., U.K., and Singapore. Between 2009 and 2014, senior employees at the global financial institution directly and indirectly paid over $1.6 billion in bribes to government officials in Malaysia and Abu Dhabi, earning $606 million in revenue and an increased presence in Southeast Asia as a result. Goldman’s managing director, Tim Leissner, was separately charged for his role last December. ; ;

October 22, 2020

The former president of Hightower Capital Group (HCG) has been sentenced to nearly 16 years in prison and ordered to pay $9.6 million in restitution for running a Ponzi scheme that harmed investors, mostly family and friends, from 2013 to 2018. Though barred from working as a broker in 2015, William Hightower managed to convince the investors to trust him with their retirement funds and life savings, which he then used to pay other investors and fund a lavish lifestyle for himself.

October 22, 2020

Jerry Taylor of North Carolina has been sentenced to five years in prison and ordered to pay more than $6.1 million in restitution for his role in a $9.4 million fraud scheme targeting North Carolina’s Medicaid program. Along with his brother Tony and co-conspirators in Ohio and New York, Taylor submitted claims for behavioral health services benefiting local at-risk youth that were purportedly performed at companies he owned and operated with his brother, but that were in reality not actually performed or misrepresented in the claims. In addition to defrauding Medicaid, Taylor also evaded taxes by failing to report more than $1.6 million in reimbursements in 2016 and 2017. For those charges, Taylor will pay over $346,000 to the IRS.

October 21, 2020

Purdue Pharma LP agreed to criminal fines and forfeitures totaling $5.544 billion following its guilty plea on charges arising from its manufacture and sale of opioid products. Purdue falsely represented to the DEA that they maintained an effective anti-diversion program while continuing to market opioid products to healthcare providers that it had reason to believe were diverting opioids, aided and abetted the dispensing of opioids without a legitimate medical purpose, paid doctors to induce them to prescribe Purdue’s products, and paid an EHR company to boost the presence of Purdue’s products on the EHR system.  Purdue will receive a credit of up to $1.775 billion based on its prior settlements with state and local entities.  In addition to the criminal fines and forfeitures, a civil settlement provides the U.S. with an allowed claim of $2.8 billion to resolve claims that the company caused the submission of false claims to federal healthcare programs. Individual members of the Sackler family, which owns Purdue, separately agreed to pay $225  million to resolve claims arising from their approval of a marketing program aimed at extreme high-volume prescribers and their transfer of assets into Sackler family holding companies and trusts.  

October 15, 2020

Seventeen defendants who collectively received nearly $900,000 in improper crop insurance indemnity payments, have agreed repay the United States. Defendants admitted that they submitted false claims for payments to federally-backed multi-peril crop insurance policies, including by falsely stating that the tobacco crops in question had been damaged, inflating crop loss amounts, and submitted falsified documentation about the quality of the tobacco crop.
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