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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.

				

			

			
						
					
			

	
		
		

			

				
				
September 22, 2020

				 New Jersey biotechnology company Bio-Reference Laboratories, Inc., will pay $11.5 million to resolve two actions brought by whistleblowers alleging that defendant violated the Anti-Kickback statute by paying unlawful remuneration to physicians based on the volume of those doctors’ referrals to defendant.  The remuneration took the form of payments for a percentage of the cost of electronic medical records software used by the doctors.  In addition, defendant was alleged to have unlawfully billed Medicare and Tricare for testing performed on hospital inpatients, instead of billing the hospitals themselves.  				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Electronic Health Records, 
													  Healthcare Fraud, 
													  Laboratory and IDTF, 
													  Medical Billing Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 21, 2020

				 Neurosurgical Care LLC, its medical director Sagi Kuznits, and its practice director Pnina Kuznits, will pay over $1 million to resolve claims that they overbilled Medicare, TRICARE, and the Federal Employees Health Benefits Program, for the implantation of neuro-stimulators.  Defendants improperly billed the non-surgical application of P-Stim and Stivax devices as surgical procedures, and improperly billed for the application of an eVox device which was not approved for Medicare reimbursement.  				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medical Billing Fraud, 
													  Off-Label and Unapproved Use, 
													  Provider Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 15, 2020

				 In a resolution valued at $51.7 million, defense contracting firm QuantaDyn Corporation agreed to plead guilty and enter into a civil settlement to resolve claims and charges arising from its scheme to bribe an Air Force contracting official to provide procurement-sensitive information and steer government contracts for training simulators to the company.  The government contented that QuantaDyn’s bribery scheme caused a prime contractor to submit false invoices to the United States.  QuantaDyn will pay $37.8 million in restitution, a criminal penalty of $6.3 million, and forfeit $7.1 million; the company CEO and majority owner, William T. Dunn, Jr., will pay $500,000.  				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
													  Criminal Proceedings, 
													  Defense Contract Fraud, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 14, 2020

				 German automaker Daimler AG and its U.S. subsidiary Mercedes-Benz USA, LLC will pay $1.06 billion and undertake a recall valued at $436 million to resolve claims that they violated the Clean Air Act and California law in allegedly manufacturing and selling diesel automobiles between 2009 and 2016 that had undisclosed auxiliary emission control devices and defeat devices.  These devices caused the vehicles to appear to pass emissions requirements during testing despite the fact that during ordinary usage the vehicles produced NOx emissions above compliant levels.  The recall and repair program requires defendants to bring the vehicles into compliance with applicable emissions standards by removing all defeat devices from the affected vehicles, replacing hardware, and updating software.  The total monetary settlement consists of $875 million in civil penalties, $70.3 million in other penalties, and $110 million to fund mitigation projects in California.  Defendants also agreed to implement corporate compliance reforms.  ; 				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 11, 2020

				 The Scripps Research Institute will pay $10 million to settle claims that overcharged the National Institutes of Health under research grants.  Under the terms of the grants, recipients may only use grant funds on tasks that specifically relate to the funded project.  Defendant was alleged to have an inadequate system for tracking researcher time and expenses, resulting in improper charges to the government for costs unrelated to funded projects, including time spent writing new grant applications, teaching, and engaging in other administrative activities. Former Scripps employee Thomas Burris, Ph.D., will receive $1.75 million as a whistleblower reward.  ; 				 					 

						
Tagged in:
													  FCA Federal, 
													  Grant and Research Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 10, 2020

				 Shreveport Prosthetics, Inc. will pay $1.6 million to resolve claims in an action brought by the company’s former office administrator, Kimberly Throgmorton, under the qui tam provisions of the False Claims Act.  The company was alleged to have submitted false bills to Medicare by using the supplier number of a different company after its own supplier number was deactivated, and by routinely waiving patient co-payments.  Ms. Throgmorton will receive over $250,000 as a whistleblower reward.  				 					 

						
Tagged in:
													  FCA Federal, 
													  Medical Billing Fraud, 
													  Medical Devices and DME, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 10, 2020

				 Asphalt contractor Dave O’Mara Contractor, Inc. will pay $4.25 million to resolve claims that in performing and billing for repaving work that was funded in part by the Federal Highway Administration, they falsely represented that they were including steel slag in the asphalt mixture when they were not in fact doing so, increasing the chance that the roads would prematurely deteriorate. ; 				 					 

						
Tagged in:
													  Contract Non-Compliance, 
													  FCA Federal, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 9, 2020

				 Southern California radiology facility operators William M. Kelly Inc. and Omega Imaging Inc. paid $5 million to resolve claims initiated by a qui tam action under the False Claims Act filed by former employee Syd Ackerman.  The action alleged that defendants submitted claims for CT scans and MRIs involving contrast injections that were not supervised by a physician as required by applicable program rules.  The whistleblower will receive $925,000 of the settlement.  				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Improper Medical Personnel, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 9, 2020

				 West Virginia-based acute care hospital, Wheeling Hospital, Inc., has agreed to pay $50 million to resolve claims of violating the Anti-Kickback Statute, Physician Self-Referral (Stark) Law, and False Claims Act.  According to a former executive turned whistleblower, Louis Longo, Wheeling knowingly provided referring physicians with compensation above fair market value, based on the volume or value of their referrals, then submitted claims resulting from those improper referrals to Medicare.  As part of the settlement, Longo will receive a $10 million relator’s share.  ; ; 				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 3, 2020

				 Having previously pleaded guilty to healthcare fraud and related charges, Arizona urgent care provider UCXtra Umbrella, LLC, which did business as "Urgent Care Extra," was sentenced to pay restitution of $12.5 million.  Defendant admitted that it ordered tests and procedures that were not medically necessary and that its billings intentionally overstated the complexity of services to patients in order to receive inflated reimbursements from private insurance companies. 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Healthcare Fraud, 
													  Lack of Medical Necessity, 
													  Medical Billing Fraud, 
													  Provider Fraud, 
													  Upcoding, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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