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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 聽rise to a claim for a whistleblower reward, please contact us to speak with one of our experienced whistleblower attorneys.

				

			

			
						
					
			

	
		
		

			

				
				
October 15, 2020

				 Robert F. Smith, who formed and beneficially owned Belize entity the Excelsior Trust and Nevis entity Flash Holdings, has entered into a non-prosecution agreement, agreeing to pay $139 million, to resolve claims that between 2000 and 2015 he unlawfully used the offshore entities and their offshore bank accounts to conceal income earned by him on private equity investments and evade millions in taxes.听 Using the offshore trust accounts, Smith willfully did not report to the IRS over $200 million of partnership income.听 In addition, he unlawfully failed to report his ownership of foreign bank accounts in BVI and Switzerland.听 The $139 million settlement consists of $56 million in taxes and penalties on unreported income and $82 million in penalties stemming from his failure to report his offshore bank accounts.听 In addition, Smith agreed to abandon a $182 million refund claim based on alleged charitable contributions in 2018 and 2019.听 ; 				 					 

						
Tagged in:
													  Abusive Tax Shelters, 
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 14, 2020

				 Michael Allen Worley of Baton Rouge, Louisiana, was sentenced to 12 years in prison following his plea of guilty on charges including bank fraud.听 Worley admitted that between 2014 and 2018 he fraudulently obtained more than $40 million in loans and investments from banks and private equity firms for himself and his businesses.听 Worley鈥檚 fraud included false statements that inflated his assets, understated and omitted his liabilities, misrepresented his income, and misrepresented the intended use of loan proceeds. Worley was also ordered to pay $15.75 million in restitution to his victims.听 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 14, 2020

				 Medical device maker Merit Medical Systems Inc. will pay $18 million to resolve claims first brought by a whistleblower under the False Claims Act that the company paid unlawful kickbacks to doctors and hospitals to induce them to use MMSI鈥檚 EmboSphere and QuadraSphere devices for embolization procedures.听 MMSI was alleged to have offered hospitals and providers with millions of dollars in free advertising assistance, 鈥渆ducational鈥� grants, and other services based on the providers鈥� past sales and to induce future sales.听 The whistleblower, Charles J. Wolf, M.D., who will receive $2.65 million, was the Chief Compliance Officer for the company; according to DOJ, he repeatedly warned MMSI that its practices violated the Anti-Kickback Statue.听 ; ; 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Devices and DME, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 14, 2020

				 Brazilian investment company J&F Investimentos S.A. and is meat producer subsidiary, JBS S.A., along with their principles Joesley Batista and Wesley Batista have entered into a settlement agreement with the SEC and DOJ, agreeing to pay nearly $283 million in fines and disgorgement and plead guilty to resolve charges under the FCPA arising from a scheme to bribe government officials in Brazil in order to obtain financing and other benefits for the companies.听 Defendants paid approximately $180 million in bribes to obtain hundreds of millions of dollars in financing from Brazilian state-owned and state-controlled banks BNDES and Caixa, as well as to facilitate JBS鈥檚 acquisition of U.S. company Pilgrim鈥檚 Pride Corporation.听 The bribes were allegedly paid from U.S. assets, including JBS operating accounts that also contained Pilgrim鈥檚 funds.听 The SEC further charged that the Batistas, who exerted significant control over Pilgrim鈥檚, caused it have an inadequate system of internal controls and accurate books and records. 聽The criminal fine of $256 million will be discounted up to 50% to credit defendants for a settlement with Brazilian authorities valued at $1.9 billion; the SEC agreement provides for a payment of $27 million in disgorgement and interest. Defendants also agreed to cooperate any ongoing or further investigations and implement an enhanced compliance program. ; ; 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  FCPA, 
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 10, 2020

				 The owners of Keystone Biofuels Inc., Ben Wootton and Race Miner, were sentenced to approximately 5.5 years imprisonment each and they and Keystone were ordered to pay restitution and fines totaling $9.23 million to the IRS and Pennsylvania Department of Environmental Protection following their convictions at trial for charges relating to their renewable fuels scam.听 The defendants falsely claimed that they were able to produce biodiesel that permitted them to create renewable fuel credits known as RINs; then then sold both the non-qualifying fuel and the fraudulently-created RINs.听 In addition, Keystone claimed federal tax refunds under the IRS Biofuel Mixture Credit program, creating false books and records to conceal the non-qualifying, and in some cases non-existent, fuel.听 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Environmental Fraud, 
													  Tax Credit and Deduction Fraud, 
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 6, 2020

				 Financial services firm Strachans SA, now Strachans SA in Liquidation, pleaded guilty to charges that it conspired with U.S. taxpayers and others to enable the taxpayers to conceal income and assets in offshore accounts.听 Strachans services included the formation of trusts and offshore companies, management of undeclared assets held by nominee sham entities, and the facilitation of cash withdrawals by U.S. clients from the undeclared offshore entities through fake loans, sham consultancy agreements, dummy invoicing, and other methods.听 Strachans, which voluntarily disclosed its conduct to the IRS in 2014, will pay a fine of $500,000.听 				 					 

						
Tagged in:
													  Abusive Tax Shelters, 
													  Tax Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 2, 2020

				 Pharmatech, Inc. and its CEO and founder Tuan Pham will pay over $3 million to settle allegations in a case initiated as a qui tam action under the False Claims Act.听 The government alleged that defendants violated the Anti-Kickback Statute by paying a medical clinic, Imperial Valley Wellness, a per-specimen fee to induce it to refer orders for laboratory drug-testing to Phamatech which were subsequently billed to Medicare. 聽Many of the tests were also alleged to be not medically necessary. The whistleblower, former Pharmatech employee John Polanco, will receive over $500,000 from the settlement. 聽				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Laboratory and IDTF, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 2, 2020

				 Advanced Pain Management Holdings, Inc. and its subsidiaries will pay $1 million to resolve claims brought by a whistleblower under the False Claims Act.听 Defendants, which run ambulatory surgical centers, were alleged to have violated the Anti-Kickback Statute by improperly gifting incentive stock shares to non-employee physicians allegedly as a reward for past and anticipated referrals to APMH facilities, and by paying those physicians 鈥渕edical director鈥� fees tied to the volume of procedures at APMH facilities, without proper documentation of the agreement.听 In addition, defendants were alleged to have performed unnecessary confirmatory urine drug testing on patients.听 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Lack of Medical Necessity, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
October 2, 2020

				 Two New York-based physical therapy providers have agreed to pay $4 million to resolve whistleblower-brought allegations of violating the False Claims Act by improperly billing multiple government healthcare programs, including Medicare, Medicaid, the Federal Employees鈥� Compensation Act Program (FECA), and the Federal Employees鈥� Health Benefits Program (FEHBP).听 The alleged misconduct by Williamsburg Physical Therapy, P.C., Euro Physical Therapy, P.C., owners Alex and Diana Klurfeld, and management company First Plus Services, Inc. occurred between 2008 to 2018, and involved billing for physical therapy services provided or supervised by someone other than the licensed therapist listed on claims, as well as backdating services after treatment authorizations had expired.听 				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Improper Medical Personnel, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Medicare, 
													  Other Government Health Programs, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 30, 2020

				 Industries for the Blind and Visually Impaired, Inc., paid $1.9 million to resolve claims brought by a whistleblower under the False Claims Act alleging that the defendant, which received set-aside contracts under the federal government鈥檚 AbilityOne Program in exchange for agreeing to provide jobs to workers who are blind or visually impaired, misrepresented its employment of blind personnel.听 In addition, company personnel allegedly accepted impermissible payments from manufacturers and improperly subcontracted work on government contracts to companies that did not generally use blind labor.听 ; 				 					 

						
Tagged in:
													  FCA Federal, 
													  Government Procurement Fraud, 
													  Set-Asides and Preferences, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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