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

				

			

			
						
					
			

	
		
		

			

				
				
August 19, 2020

				 Metropolitan Jewish Health System Hospice and Palliative Care agreed to pay a total of $5.225 million resolve civil allegations that it billed Medicare and Medicaid for services rendered to hospice patients at heightened levels of care for which the patients did not qualify, in violation of the False Claims Act. A government investigation following the filing of a whistleblower complaint determined that defendant falsely claimed that some of its patients required heightened 鈥渃ontinuous home care services鈥� and 鈥済eneral inpatient services,鈥� thereby entitling the defendant to artificially inflated reimbursements.听 				 					 

						
Tagged in:
													  FCA Federal, 
													  Healthcare Fraud, 
													  Home Health and Hospice, 
													  Upcoding, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 19, 2020

				 The Bank of Nova Scotia (Scotiabank)听has been ordered to pay听$127.4 million听to the CFTC and听$60.4 million听in criminal fines, forfeiture, and restitution to the DOJ for attempting to manipulate prices and spoofing in precious metals futures contracts, making false and misleading statements to investigators, and failing to comply with swap dealer conduct and supervision requirements. 听The alleged misconduct occurred over the eight years ending in 2016 and involved four precious metals traders in New York, London, and Hong Kong.听 From the penalty paid to the CFTC, a record-breaking $42 million will go toward resolving the price manipulation and spoofing allegations, and a record-breaking $17 million will go toward resolving the false and misleading statements allegations.听 In addition to the fines, Scotiabank has entered into a deferred prosecution agreement and agreed to retain an independent monitor.听听;听;听听				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
													  Fraud in CFTC-Regulated Markets, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 13, 2020

				 Advanced Care Scripts, Inc. (ACS) has agreed to pay $3.5 million to resolve allegations of conspiring with Teva Neuroscience, Inc. (Teva) to pay kickbacks to Medicare beneficiaries in order to induce purchases of Teva鈥檚 multiple sclerosis drug, Copaxone.听 The kickbacks came in the form of effectively covering beneficiaries鈥� co-pays through correlated payments to the Chronic Disease Foundation (CDF) and The Assistance Fund (TAF).听 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Healthcare Fraud, 
													  Medicare, 
													  Part D, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 7, 2020

				 A Canadian member of a large international fraud and money laundering ring has been sentenced to over 10 years in prison and ordered to pay $14.5 million in restitution for his role in defrauding victims from Australia, New Zealand, the United Kingdom, and Asia. 听From at least 2014 to 2019, Brooks Thomas Nesbitt set up and operated 鈥渂oiler rooms鈥� to defraud victims using high-pressure sales of worthless investments.听 Nesbitt then contracted with fellow fraudsters Mary Kathryn Marr and Michel Marc Chateau to launder the funds through funnel bank accounts, many of which were located in Florida and other states.听 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
August 6, 2020

				 Following his conviction at trial on charges to defraud the EPA and IRS, David Dunham, who had ownership interests in Smarter Fuel LLC and Greenworks Holdings LLC, was sentenced to seven years in prison and ordered to pay restitution of $10.21 million.听 Dunham fraudulently applied for, received, and sold over $50 million in EPA, IRA, and USDA credits and payments for producing biofuels that he, in fact, did not produce and, in many instances, had never possessed in the first place.听 				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 30, 2020

				 Computer Sciences Corporation (CSC), now known as DXC Technology, and New York City have agreed to pay approximately $2.8 million to resolve allegations of violating the federal and New York State False Claims Acts in connection with New York City鈥檚 Early Intervention Program (EIP), which provides speech and physical therapy services for infants and toddlers with possible developmental disabilities.听 According to a qui tam lawsuit, while retained by the City to process and submit its EIP claims to various insurers, CSC allegedly received permission from the City to categorize claims submitted to private insurers as 鈥渄enied鈥� if no response was received within 90 days.听 CSC then resubmitted those claims to Medicaid using an improper code, causing Medicaid to make payments it would not have otherwise.听 For revealing the misconduct, the unnamed whistleblower in this case will receive $416,250.听 ; 				 					 

						
Tagged in:
													  FCA Federal, 
													  FCA State, 
													  Healthcare Fraud, 
													  Medicaid, 
													  Medical Billing Fraud, 
													  Whistleblower Case, 
													  Whistleblower Rewards, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 28, 2020

				 Savraj Gata-Aura, a British citizen, has been sentenced to four years in prison and ordered to forfeit nearly $3 million for his role in a massive Ponzi scheme involving coworking space Bar Works that defrauded over 800 investors of more than $40 million.听 Together with fellow British citizen Renwick Haddow鈥攚ho was widely reported to be disqualified from serving as the director of a U.K. company and was managing Bar Works under the alias 鈥淛onathan Black鈥濃�擥ata-Aura solicited investors by making material misrepresentations about Bar Works鈥� management and the company鈥檚 financial condition.听 Haddow is due to be sentenced later this year.听 				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 28, 2020

				 A pharmaceutical company accused of paying illegal inducements to physicians has agreed to pay $3.5 million to resolve allegations of violating the False Claims Act.听 In order to induce physicians to prescribe its newly-launched local analgesic, EXPAREL, Pacira Pharmaceuticals Inc. allegedly paid doctors kickbacks that were half-heartedly disguised as grant money for research.听 In order to receive the so-called research grant, Pacira required EXPAREL to be placed on formulary at the physician鈥檚 institution, but did not document why such research was needed or follow up on research results.听 The fraud was eventually exposed by a pharmacist in a qui tam suit; the pharmacist will receive $638,000 as part of the settlement. 听; 				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 27, 2020

				 The owner and operator of three California-based companies, Brandon Frere, has been sentenced to over three years in prison for using deceptive sales tactics to draw customers to his companies鈥� student loan repayment services programs. 听Between 2014 and 2018, Frere allegedly instructed employees of American Financial Benefits Center (AFBC), the Financial Education Benefits Center (FEBC), and Ameritech Financial (Ameritech) to make false statements concerning the companies鈥� abilities, engage in improper enrollment practices that made customer payments look smaller, and hide monthly fees. 听A hearing later this year will determine the amount of restitution that Frere will be required to pay. 听				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 24, 2020

				 Several divisions of pharmaceutical company Indivior, which marketed of the opioid-addiction drug Suboxone, pleaded guilty to felony healthcare fraud, entered into a five-year Corporate Integrity Agreement, and will pay a total of $600 million in criminal fines, restitution, civil damages, and penalties.听 In six separate cases brought by whistleblowers, Indivior was also alleged to have caused false claims to be submitted to government healthcare programs including by promoting the sale of Suboxone to physicians who were prescribing it outside of medically accepted indication, misrepresenting the likelihood of Suboxone being diverted, and taking steps to delay generic competition for Suboxone. Indivior admitted making false statements about the safety of the film version of Suboxone in order to promote its sale. 听In addition, the FTC claimed that violated antitrust laws through a deceptive scheme to thwart lower priced generic competition with Suboxone.听 The total settlement consists of criminal restitution of $289 million; a civil settlement of $300 million, with $209.3 million paid to resolve claims by the federal government and $90.7 million to participating states; and, $10 million in penalties to the Federal Trade Commission.听 The settlement also requires Indivior to take steps including the dissolution of its Suboxone sales force.听Indivior was until 2014 a subsidiary of Reckitt Benckiser Group PLC, which previously paid $1.4 billion to resolve claims related to Suboxone marketing.听 ; ; 				 					 

						
Tagged in:
													  Criminal Proceedings, 
													  Defective Products, 
													  FCA Federal, 
													  Lack of Medical Necessity, 
													  Multiple Whistleblowers and First-to-File, 
													  Pharma Fraud, 
													  Whistleblower Case, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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