Skip to content

Philip Ward

DOJ’s False Claims Act Civil Case Settlements and Judgments Exceed $5.6 Billion in Fiscal Year 2021 (Over $5 Billion Attributable to the Health Care Industry)

The Department of Justice announced that it obtained more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending September 30, 2021. This is the largest annual total in False Claims Act history, and the largest since 2014. The DOJ’s Fraud Statistics Overview can be found HERE. Once again, the leading source of the DOJ’s FCA settlements and judgments was attributable to matters involving the health care industry – over $5 billion… Read More »DOJ’s False Claims Act Civil Case Settlements and Judgments Exceed $5.6 Billion in Fiscal Year 2021 (Over $5 Billion Attributable to the Health Care Industry)

Justice Department Seeks Permanent Injunction Against San Antonio-Area Pharmacist for Controlled Substances Act Violations

On January 21, the DOJ announced it had filed a civil complaint seeking to permanently enjoin the owner of a San Antonio-area pharmacy from unlawfully dispensing opioids and other controlled substances. A copy of the Complaint can be found HERE. A copy of the Motion for Preliminary Injunction can be found below. The United States has alleged that Defendants fueled and profited from the opioid epidemic by repeatedly dispensing powerful opioids prone to abuse in violation of the Controlled Substances Act (“CSA”). According to the… Read More »Justice Department Seeks Permanent Injunction Against San Antonio-Area Pharmacist for Controlled Substances Act Violations

U.S. Attorney’s Office Files Suit Against Philadelphia Pharmacy and Pharmacist for Illegally Dispensing Opioids and Health Care Fraud

On January 27, 2022, the DOJ announced that the United States filed a civil lawsuit against a Philadelphia-based pharmacy and pharmacist. The Complaint can be found below. The United States alleges that this civil lawsuit was brought to hold the pharmacy and its then-owner/pharmacist accountable for the illegal dispensing of controlled substances, including opioids, and fraud on Medicare and other federal health care programs. According to the Complaint, the pharmacy is alleged to have been the top retail pharmacy purchaser of oxycodone in the entire… Read More »U.S. Attorney’s Office Files Suit Against Philadelphia Pharmacy and Pharmacist for Illegally Dispensing Opioids and Health Care Fraud

Deputy Attorney General Lisa O. Monaco Announces New Actions to the DOJ’s Corporate Criminal Enforcement Policies

On October 28, 2021, Deputy Attorney General Lisa O. Monaco announced revisions to the DOJ’s Corporate Criminal Enforcement Policies, emphasizing three new actions the DOJ is taking: (1) Individual Accountability. To be eligible for any cooperation credit, companies must provide the DOJ with all non-privileged information about individuals involved in or responsible for the misconduct at issue. A company must identify all individuals involved in the misconduct, regardless of their position, status or seniority. It will no longer be sufficient for companies to limit disclosures… Read More »Deputy Attorney General Lisa O. Monaco Announces New Actions to the DOJ’s Corporate Criminal Enforcement Policies

Three Pharmaceutical Manufacturers Agreed to Pay a Total of $447.2 Million to Resolve Alleged False Claims Act Violations for Price-Fixing of Generic Drugs

The Department of Justice announced three pharmaceutical manufacturers, Taro Pharmaceuticals USA, Inc., Sandoz Inc. and Apotex Corporation, have agreed to pay a total of $447.2 million to resolve alleged violations of the False Claims Act arising from conspiracies to fix the price of various generic drugs. These conspiracies allegedly resulted in higher drug prices for federal health care programs and beneficiaries according to the Justice Department. Copies of the civil Settlement Agreements can be found here: (1) Sandoz Executed Settlement Agreement; (2) Apotex Executed Settlement… Read More »Three Pharmaceutical Manufacturers Agreed to Pay a Total of $447.2 Million to Resolve Alleged False Claims Act Violations for Price-Fixing of Generic Drugs

Class Action Complaint Filed Against Apple for Allegedly Authorizing and Maintaining a Malicious Cryptocurrency Hacking Application in Its App Store

On September 16, 2021, Plaintiff Hadona Diep, on her own and on behalf of those similarly situated, filed her Class Action Complaint against Apple, Inc., asserting nine (9) separate claims, including claims for violations of the Computer Fraud and Abuse Act (18 U.S.C. § 1030, et seq.) and violations of the Electronic Communications Privacy Act (18 U.S.C. § 2510, et seq.). According to the Class Action Complaint’s allegations: On March 2020, Plaintiff downloaded the Toast Plus application from the Apple App Store. Plaintiff believed Toast… Read More »Class Action Complaint Filed Against Apple for Allegedly Authorizing and Maintaining a Malicious Cryptocurrency Hacking Application in Its App Store

DOJ Announces National Health Care Fraud Enforcement Actions Result in Charges Involving over $1.4 Billion in Alleged Losses

On September 17, 2021, the Department of Justice announced in a PRESS RELEASE that criminal charges had been brought against 138 defendants, including 42 doctors, nurses and other licensed medical professionals. These charges spanned 31 federal districts across the U.S. for alleged participation in various health care fraud schemes that resulted in approximately $1.4 billion in alleged losses. Watch Assistant Attorney General Kenneth A. Polite Jr.’s remarks on health care fraud enforcement actions HERE. The largest amount of the alleged fraud charged related to schemes… Read More »DOJ Announces National Health Care Fraud Enforcement Actions Result in Charges Involving over $1.4 Billion in Alleged Losses

The Florida Supreme Court Adopts the “Apex Doctrine” Amending Rule 1.280 Effective Immediately

On August 26, 2021, the Florida Supreme Court, on its own motion, amended Fla. R. Civ. P. 1.280 to codify the Apex Doctrine and to extend its protections to the private sphere. See Corrected Opinion. New Rule 1.280(h) became effective immediately upon the issuance of the opinion, and it applies in pending cases. New Rule 1.280(h) reads as follows: (h) Apex Doctrine. A current or former high-level government or corporate officer may seek an order preventing the officer from being subject to a deposition. The… Read More »The Florida Supreme Court Adopts the “Apex Doctrine” Amending Rule 1.280 Effective Immediately

Federal Judge Issues Scathing 110 Page Opinion and Order Sanctioning Attorneys for Filing and Maintaining Michigan Election Fraud Lawsuit

On August 25, 2021, U.S. District Judge (E.D. Michigan) Linda V. Parker issued a 110-page Opinion and Order sanctioning 9 attorneys for the filing and maintaining of another failed election fraud lawsuit. A copy of the entire Opinion and Order can be found below. The opening paragraph of the Opinion and Order reads as follows: “This lawsuit represents a historic and profound abuse of the judicial process. It is one thing to take on the charge of vindicating rights associated with an allegedly fraudulent election.… Read More »Federal Judge Issues Scathing 110 Page Opinion and Order Sanctioning Attorneys for Filing and Maintaining Michigan Election Fraud Lawsuit

Florida’s Middle District Denies Defendant’s Motion to Dismiss FCA Claims Filed by the United States; Complaint Satisfied Both Elements of the 11th Circuit’s Ruckh Proximate Cause Test

The United States brought a two-count Complaint against Defendant, alleging that he violated the False Claims Act (“FCA”), 31 U.S.C. § 3729(a)(1)(A) (Count I), and conspired to violate the FCA, 31 U.S.C. § 3729(a)(1)(C) (Count II), by causing a pharmacy to file fraudulent claims with TRICARE, a federal health program. The Complaint alleges the pharmacy paid kickbacks to a marketing company, who in turn marketed compound medications to patients and then referred those patients to the pharmacy for fulfillment of the prescriptions for those medications.… Read More »Florida’s Middle District Denies Defendant’s Motion to Dismiss FCA Claims Filed by the United States; Complaint Satisfied Both Elements of the 11th Circuit’s Ruckh Proximate Cause Test