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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.

May 20, 2019

A secret co-owner of Medsel Home Health Care Corp, a fake home health agency, has been sentenced to 2 years in prison and ordered to pay nearly $1 million for his role in a Medicare fraud scheme that caused at least $950,000 in unnecessary payments. Dennys Hernandez and co-defendants Elanier Gonzalez Moncho and Rafael Arias submitted claims for services that were never provided. Moncho, the nominee owner, was sentenced to a year and a half in prison, while Arias, the owner of multiple other home health agencies in Miami, was sentenced to 20 years.

May 17, 2019

Dr. Donald Douglas, the physician owner of three healthcare clinics in Texas, has agreed to pay $118,000 to resolve allegations of improperly billing Medicare at the physician rate for services performed by advance practice nurses (“APNs”) without direct physician supervision. Under Texas law, APN-provided services performed with physician supervision may be billed to Medicare at the full physician rate.  

May 15, 2019

Robert C. Leonard, CEO of Force Multiplier Solutions, has been ordered to pay $125 million in restitution for his part in a bribery scheme which took down public officials and brought about the collapse of Dallas County Schools. Mr. Leonard pleaded guilty to conspiracy to commit honest services wire fraud and was sentenced to seven years in federal prison.

May 13, 2019

Silicon Valley-based software company Informatica LLC will pay $21.57 million to resolve allegations that it provided false information about its commercial pricing and discounting practices that was then used in negotiations for Multiple Award Schedule contracts with the General Services Administration. In addition, Informatica was alleged to have caused sales to the U.S. in violation of the Trade Agreements Act. The whistleblower, a former employee of Informatica, will receive $4.3 million from the settlement.

May 13, 2019

British fashion company Selective Marketplace Ltd., which sells products in the U.S. under its brand names Wrap London and Poetry, will pay $610,000, to resolve a whistleblower suit under the False Claims Act alleging that it improperly broke up U.S.-bound orders into multiple shipments in order to keep the shipment values below the $200 limit that would obligate the payment of customs duties. The whistleblowers, Kristin and Stephen Vale, will receive a share of the settlement proceeds.

May 10, 2019

Broker-dealer Banca IMI Securities Corp. pleaded guilty to criminal antitrust charges arising from a conspiracy to rig bids to borrow pre-release American Depository Receipts (ADRs) from one of the depository banks permitted to create ADRs. The depository bank instituted an auction process for pre-release ADRs, and Banca IMI conspired with others to submit artificially low, sometimes identical, bids, to the bank. Banca IMI will pay a criminal fine of $2 million.

May 9, 2019

After previously paying restitution of $150,000 to NASA and $50,000 to the National Science Foundation (NSF), the Chicago-based operator of Aries Design Automation LLC was sentenced to three months in prison for defrauding the Small Business Innovation Research Program (SBIRP). To obtain $200,000 in grants and participate in federally-sponsored research, Miroslav Velev submitted false statements, including falsely representations to NASA and the NSF that Aries had secured required third party investments.

May 9, 2019

Carolina Physical Therapy and Sports Medicine, Inc. agreed to pay $790,000 to settle a whistleblower lawsuit alleging the company knowingly submitted false claims to Medicare and TRICARE.According to former employee Hilary Moore, Carolina PT submitted claims for group physical therapy services that were billed as though they were one-on-one sessions.Additionally, claims for certain services performed by physical therapy assistants were billed as though they were performed under the supervision of qualified therapists.For exposing the fraudulent conduct, Moore will receive a relator’s share of $142,200.

May 9, 2019

Paul J. Mathieu ԻHatem Behiry were found guilty for their part in a $30 million scheme to defraud Medicare and the New York State Medicaid program. Between 2007 and 2013, Mathieu falsely posed as an owner of three medical clinics (the “Clinics”) in Brooklyn. During that time, the Clinics fraudulently billed Medicare and Medicaid for medical services and supplies that were not necessary, or were not even provided. Furthermore, Mathieu did not see any patients at that time. Instead, he falsified large stacks of bogus medical records in which he stated that he did see and treat those patients. Behiry, a physical therapy doctor, also participated in the Clinic’s fraudulent billing practices by pretending to provide physical therapy services to patients. Mathieu and Behiry have not yet been sentenced.

May 8, 2019

A South Florida woman who received kickbacks in exchange for patient referrals has been sentenced to over 7 years in prison. In exchange for at least $710,000, Yamilet Diaz allegedly referred Medicare beneficiaries to five home health agencies, aiding the agencies in unlawfully receiving over $1.6 million in reimbursements from Medicare that were tainted by the kickbacks.
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