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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 8, 2019

Tea KaganovichԻRamazi Mitaishvili, co-owners ofNew York Diagnostic Testing Centers, each pleaded guilty to health care fraud and conspiracy to defraud the lawful functions of the Internal Revenue Service (IRS). The couple submitted false health care claims for diagnostic testing services and paid over $18 million in kickbacks for the referral of beneficiaries who signed up for diagnostic testing and other alleged medical services. They fraudulently reported to the IRS that the illegal kickback payments were valid business expenses, thus causing relevant tax forms to under-report business income and claim deductions.

May 7, 2019

The owners of a Colorado biomass power plant agreed to pay $2.6 million to settle allegations concerning fraud impacting the U.S. Treasury’s “1603 Program,” which reimburses companies up to 30%, in lieu of tax credits, for placing renewable energy properties into service.The company at the center of the fraud, Eagle Valley Clean Energy, allegedly applied for and received a 30% advance on a fee it was to pay co-defendant Evergreen Clean Energy, LLC for unspecified development services.Eagle Valley wrote off the fee but failed to return the advance to the U.S. Treasury. As part of the settlement, Eagle Valley paid $2.4 million, and the two owners of Eagle Valley, Evergreen, and parent company Evergreen Clean Energy CorporationDean Rostrom and Kendric Wait—paid $125,000 each.

May 6, 2019

Acadia Healthcare Company, Inc., which operates outpatient drug treatment centers in West Virginia through its subsidiary CRC Health, L.L.C., will pay $17 millionto resolve claims that it improperly billed the state's Medicaid program for urine and blood testing services as if they had performed the testing themselves, despite the fact that Acadia lacked the certification to perform the tests. In fact, the testing was performed by an independent outside laboratory, and that lab independently billed Medicaid for the tests, at a lower rate. Medicaid paid Acadia’s treatment centers $8,500,000 for the improperly-billed tests. As part of this settlement, defendants also entered into a five-year corporate integrity agreement to maintain specified compliance programs and procedures.

May 3, 2019

Dr. Richard E. Paulus, an Ashland cardiologist, was sentenced to five years in prison for defrauding Medicare, Medicaid, and private insurers. Evidence showed that Paulus implanted medically unnecessary stents in his patients and falsified the degree of stenosis in their medical records. He has been charged with one count of health care fraud and ten counts of making false statements in regard to health care matters. In addition to time in prison, Paulus must also pay $1.1 million in restitution to Medicare, Medicaid, and other private insurers who were also victims of his financial scheme.

May 3, 2019

Yazan B. Al-Madani, the last of four defendants who conspired to defraud the MetroHealth Hospital System was sentenced to over 10 years in prison. From 2008 through 2016, Madani and his co-conspirators defrauded MetroHealth out of hundreds of thousands of dollars through a multitude of bribes and kickbacks centered around the hospital’s dental program. Former hospital Chief Operating Officer, Edward R. Hills, was sentenced to more than 15 years in prison. Defendant Sari Alqsous was sentenced to more than 12 years in prison. And defendant Tariq Sayegh was sentenced to five years in prison.  

May 2, 2019

Insys Therapeuticsexecutives were convicted for their part in a racketeering conspiracy where they defrauded Medicare and private insurance carriers. From May 2012 to December 2015, the defendants bribed medical practitioners to prescribeSubsys, an extremely addictive sublingual fentayl spray intended for use by cancer patients. In furtherance of these efforts, the defendants provided kickbacks to practitioners who increased their Subsys prescriptions. The defendants also defrauded health insurance providers who were hesitant to approve payment for the drug when it was prescribed for non-cancer patients.

May 1, 2019

Michael S. Flynn of Bridgeport, Connecticut, pleaded guilty to charges arising from his role in rigging bids on contracts to install insulation at construction projects for universities, hospitals, and other public and private entities in Connecticut, New York, and Massachusetts. Flynn owned and ran an insulation contractor, an conspired with competitors to fix prices and submit bids that inflated customer costs by at least 10%, costing victims more than $45 million in total. Flynn faces up to 30 years in prison.

May 1, 2019

An Alaska Native Corporation that qualified for the Small Business Administration’s set aside contracts has agreed to pay $2 million to settle a whistleblower’s allegations that it paid kickbacks to obtain said contracts. According to a qui tam complaint by Susann Campbell, Kikiktagruk Inupiat Corporation (KIC), and its subsidiary, KIC Development LLC (KICD), paid bribes to a contract employee with the U.S. Army Corp of Engineers in order to obtain preferential treatment and confidential government information to ensure it won a construction contract at the military’s Ft. Bliss installation in Texas.

May 1, 2019

A Pennsylvania man has been convicted of defrauding the EPA and IRS of $50 million over the course of five years. Together with his co-defendant, Ralph Tomasso, David Dunham Jr. used their companies to illegally profit from the EPA’s Renewable Fuel Standard (RFS) Program by fraudulently applying for, receiving, and selling credits to renewable biofuels that they didn’t actually sell or never actually possessed. Now, the government is seeking forfeiture of $1.7 million in fraudulently obtained revenue. (August 6, 2020 sentencing)
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