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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.

				

			

			
						
					
			

	
		
		

			

				
				
January 30, 2020

				 Kohler Co. agreed to pay a $20 million civil penalty and retire unlawfully generated emissions credits to resolve claims that it manufactured and sold "small SI" engines used in mowers, landscaping equipment, and generators, that incorporated emissions "defeat devices" designed to cheat emissions testing standards.  Kohler admitted that it falsely certified its test procedures, failed to make required adjustments to testing, failed to properly disclose the functioning of its emission control devices, and failed to comply with testing requirements.  				 					 

						
Tagged in:
													  Environmental Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 29, 2020

				 Christopher Dillon of New York has been sentenced to over 4 years in prison and ordered to pay over $5 million in restitution for his role in defrauding 27 investors of over $5 million.  Along with co-defendant Gilbert Lynagh, Dillon formed two companies, i2i Capital and i2i Settlement Partners LLC, and made false representations to investors regarding the nature of the investment and possible risks and rates of return.  Dillon and Lynagh then used investor funds to cover personal expenses, causing at least five investors to suffer substantial financial hardship.  				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 29, 2020

				 A Florida-based physician, Erik Schabert, and his ex-wife, Mika Harris, have been sentenced to 3.5 years and 3 months in prison, and ordered to pay almost $4.5 million in restitution to Blue Cross Blue Shield for attempting to defraud the insurer and the Medicare program of more than $8 million.  Between 2013 and 2016, the two owners and operators of Reliant Family Practice falsely diagnosed actinic keratosis and rosacea in order to make fraudulent claims for chemical peels and dermabrasions.  Along with prison time and restitution, the two have forfeited their private residence, commercial property, and over $260,000 in an annuity account, to the federal government.  				 					 

						
Tagged in:
													  Healthcare Fraud, 
													  Lack of Medical Necessity, 
													  Medicare, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 27, 2020

				 Practice Fusion, Inc., a provider of electronic health records systems, will pay $145 million to resolve criminal and civil charges that it accepted unlawful kickbacks from pharmaceutical companies and misrepresented the capabilities of its EHR software.  As part of the settlement, the defendant entered into a deferred prosecution agreement, paying $26 million in criminal fines and forfeitures, agreeing to compliance policies and monitoring, and admitting that it accepted payment from an unnamed opioid manufacturer in exchange for including "clinical decision support" alerts within its EHR system that were designed to increase prescriptions for the pharma company's drugs.  The civil settlement – $119 million for the federal government and up to an additional $5.2 million for states that choose to opt in – resolves the kickback allegations related to the opioid manufacturer and 13 other such arrangements, as well as allegations that Practice Fusion knowingly misrepresented the capabilities of its EHR system in order to secure federal certification for the software and secure eligibility for federal incentive payments for providers adopting its software.  ; 				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Criminal Proceedings, 
													  Electronic Health Records, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 27, 2020

				 Florida Academy, a for-profit trade school, has agreed to pay $512,500 to the United States for making false certifications to the Department of Veterans Affairs (the VA) regarding its compliance with a Post-9/11 GI Bill program requirement called the 85%-15% Rule.  To ensure the VA is paying tuition rates at fair market value, the 85%-15% Rule requires participating schools to certify that at least 15% of their students are paying with private funds.   				 					 

						
Tagged in:
													  Certifications, 
													  Education Fraud, 
													  Government Programs Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 23, 2020

				 Arch Health Partners, Inc. has agreed to pay $2.9 million to resolve fraud allegations brought by a former employee turned whistleblower, Catherine Jones.  Jones alleged in a qui tam suit that the San Diego-based healthcare provider had falsely billed Medicare for evaluation and management services that lacked sufficient documentation, in violation of the False Claims Act.  Based on self-disclosures by Arch Health, the United States also alleged that referring physicians were being compensated above fair market value, in violation of the Anti-Kickback and Stark Acts.  Jones will receive $183,830 of the settlement proceeds.  				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Medicare, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 23, 2020

				 DynCorp International has agreed to pay $1.5 million to settle allegations that two former company officials, Wesley Aaron Struble and Jose Rivera, violated the Anti-Kickback Act and False Claims Act in connection with a Department of State property lease.  The two co-conspirators allegedly solicited and received $390,000 in cash kickbacks from an Iraqi subcontractor, the Al-Qarat Company, in exchange for influencing Dyncorp's lease of the property in Baghdad.  				 					 

						
Tagged in:
													  Bribery and Bid-Rigging, 
													  Defense Contract Fraud, 
													  FCA Federal, 
													  Government Procurement Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 21, 2020

				 Patient Services, Inc., a foundation that operated pharmaceutical patient assistance programs, will pay $3 million to resolve claims that it unlawfully enabled pharmaceutical companies to pay kickbacks to Medicare patients in the form of co-payment assistance for patients who took the companies’ drugs.  PSI was alleged to have worked with the drugmakers to funnel their “contributions” to patients who took the company’s drugs, instead of using the contributions for purposes not tied to specific drugs and patients.  PSI was alleged to have worked with Insys on copayment assistance for Subsys patients; with Aegerion on copayment assistance for Juxtapid patients; and, with Alexion on copayment assistance for Soliris patients.  				 					 

						
Tagged in:
													  Anti-Kickback and Stark, 
													  Drug and DME Pricing, 
													  FCA Federal, 
													  Healthcare Fraud, 
													  Pharma Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 21, 2020

				 Australian proprietary trading firm Propex Derivatives Pty Ltd has been ordered to pay $1 million and submit to a deferred prosecution agreement after a former trader, Jiongsheng (Jim) Zhao, was found to have engaged in spoofing on the Chicago Mercantile Exchange E-mini S&P 500 futures market.  His actions caused about $464,300 in market losses over the course of the five year scheme.  ; 				 					 

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

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 17, 2020

				 Citibank, N.A. will pay $18 million to the Office of the Comptroller of the Currency to resolve claims that it violated the Flood Disaster Protection Act by failing to "force-place" flood insurance on behalf of borrowers as required by law.  				 					 

						
Tagged in:
													  Financial Institution Fraud, 
													  Flood Insurance, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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