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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.

June 10, 2020

A South Korean engineering company has been ordered to pay $68 million in criminal fines, civil penalties, and restitution after pleading guilty to defrauding the U.S. Army in a 2008 contract worth hundreds of millions of dollars.  According to the press release, SK Engineering & Construction Co. Ltd. (SK) submitted documents to the Army that were doctored to conceal $2.6 million in payments to a fake construction company that had bribed an Army Corps of Engineers official on SK’s behalf.  The company also took steps to hamper investigations by U.S. and Korean officials by withholding and destroying relevant documents, attempting to tamper with a potential witness, and failing to properly discipline the employees involved with the bribery scheme.  SK was suspended from participating in certain contracts with the U.S. government in 2017; with this plea agreement, it will undergo another three years of probation. 

June 5, 2020

Alaska Neurology Center LLC and its owner, Franklin Ellenson, M.D., have agreed to pay $2 million and enter into a three-year Integrity Agreement to resolve allegations of submitting false claims to federal healthcare programs between 2013 to 2­018.  A whistleblower complaint revealed the defendants had engaged in a bevy of fraudulent billing schemes, including using false dates to bypass caps in reimbursement, billing for services provided by unqualified personnel, billing for non-reimbursable services, using multiple billing codes for procedures covered by a single code, using false names for providers, and resubmitting already rejected claims using false service or diagnosis information.  The whistleblower in this case will receive a relator’s share of $380,000. 

June 3, 2020

Xavier University of Louisiana will pay $12 million to resolve allegations that it caused the submission of false claims for federal funds for the repair of facilities damaged by Hurricane Katrina.  Repair cost estimates for the university were submitted by AECOM, which contracted with FEMA to conduct site evaluations and prepare and evaluate repair estimates.  The action was initiated by the filing of a whistleblower complaint by AECOM employee Robert Romero, who will receive a whistleblower award of approximately $2.3 million. The government has intervened in claims against AECOM, and litigation in that matter is continuing.  See subsequent settlement

June 2, 2020

An Oklahoma-based contractor and its corporate affiliates have agreed to pay $2.8 million to settle allegations of violating the False Claims Act in connection with federal contracts intended for disadvantaged small businesses.  In order to qualify as a small business, the Ross Group Construction Corporation created two companies, PentaCon LLC and C3 LLC, to bid on and obtain the contracts and falsely represented to the Small Business Administration the full extent of their affiliation.  The scheme was eventually revealed in qui tam case filed by Southwind Construction Services, LLC; the company will receive a relator’s share of approximately $520,000.  ;

June 1, 2020

Mississippi Department of Health Services (MDHS) has agreed to pay $5 million to resolve allegations of submitting false quality control data to the USDA’s Supplemental Nutritional Assistance Program (SNAP) in order to receive performance bonuses.  The United States previously settled with five other state agencies, as well as with a consultant involved with all of the cases, Julie Osnes Consulting, LLC.  The settlement with MDHS brings the total amount recovered to $41 million.  ;

May 27, 2020

A contractor tasked with constructing a new terminal of the Peoria International Airport using FAA grant funds has agreed to pay $1 million to settle allegations that it fraudulently obtained the contract by misrepresenting its use of a disadvantaged small business.  In violation of grant rules as well as the False Claims Act, Williams Brothers Construction Inc. allegedly made false representations and submitted fraudulent documents to make it appear that an eligible firm would do work on the project when instead the work was handed off to an ineligible firm.  ;

May 22, 2020

The University of San Francisco has agreed to pay $2.5 million to resolve allegations of knowingly presenting false and fraudulent claims in order to obtain federal grants under the AmeriCorps State and National Program to support its San Francisco Teacher Residency Program, which supplements tuition and living expenses for teacher apprentices working within the local school district.  The government’s investigation, triggered by a whistleblower’s qui tam complaint, revealed that over 1,500 timesheets had been falsified and 61 awards had been falsely certified between 2014-2016, netting the university’s program and students over $1.7 million in grants. 

May 7, 2020

Seattle Pain Center, Northwest Analytics, and owner/physician Dr. Frank Danger Li have agreed to pay $2.85 million to settle allegations of defrauding Washington’s Medicaid program.  An investigation revealed that between 2013 and 2015, Li had instituted a policy required nearly every patient treated at Seattle Pain Center to be administered the full urine drug panel at each visit even if they were not medically necessary.  The drug tests were then sent to Li’s exclusively-owned laboratory to be analyzed.  Additionally, the investigation revealed that between 2007 and 2016, Li wrote an excessive amount of prescriptions for opioids, and at least 60 of his patients died due to opioid-related causes during this period.  ;

May 6, 2020

The United States has obtained a settlement of $49 million in the 1Malaysia Development Berhad (1MDB) scandal, in which high-level officials of 1MDB and their associates allegedly robbed the people of Malaysia by misappropriating over $4.5 billion in public funds, which they laundered through financial institutions based in the United States and other countries and squandered on expensive properties and possessions.  With the conclusion of the case against Emirati businessman Khadem al-Buraisi, the United States has recovered over $1.1 billion in assets arising from the 1MDB scandal, representing the largest civil forfeiture by the DOJ and the largest recovery to date under the agency’s Kleptocracy Asset Recovery Initiative.  ;

May 4, 2020

Two New York construction companies and their associates have agreed to pay $4.5 million to resolve allegations of defrauding the U.S. Small Business Administration (SBA) and exploiting federal contracting opportunities reserved for veteran-owned small businesses and small businesses located in historically underutilized business zones (HUBZones).  Northland Associates, Inc., its president James Tyler, The Diverse Construction Group, and bond agent Rose & Kiernan Inc. allegedly failed to disclose and took steps to conceal the extent to which Diverse, which is 51% vetern-owned and 49% owned by senior Northland officials, took direction from Northland.  The government’s investigation was triggered by whistleblower lawsuits; the whistleblowers in this case will receive $1 million of settlement proceeds. 
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