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Philip Ward

Southern District of Florida Takes Sweeping Action Against CARES Act Fraud

Yesterday, the U.S. Attorney for the Southern District of Florida issued a PRESS RELEASE announcing an update on their criminal enforcement efforts to combat fraud under the CARES Act. In particular, the enforcement efforts include prosecutions against defendants accused of trying to steal funds from the Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL) program and the Unemployment Insurance (UI) benefit program. This dovetails with the DOJ’s national efforts in this regard, and will no doubt be a focus in the coming year and… Read More »Southern District of Florida Takes Sweeping Action Against CARES Act Fraud

DOJ Takes Action Against COVID-19 Fraud – Historic Level of Enforcement

On March 26, 2021, the DOJ issued a Press Release announcing an update on criminal and civil enforcement efforts to combat COVID-19 related fraud, including schemes targeting the Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL) program and Unemployment Insurance (UI) programs. As of today, the DOJ has publicly charged 474 defendants with criminal offenses based on fraud schemes connected to the COVID-19 pandemic. These cases involve attempts to obtain $569 million from the U.S. government and unsuspecting individuals through fraud across the country.… Read More »DOJ Takes Action Against COVID-19 Fraud – Historic Level of Enforcement

South Florida Physician and Study Coordinator Sentenced to Prison in Scheme to Falsify Clinical Trial Data re Asthma Medication

On March 22, 2021, the DOJ issued a Press Release that a Miami physician was sentenced to 63 months in prison after pleading guilty to her role in a scheme to falsify clinical trial data regarding an asthma medication. The study coordinator also pleaded guilty and was sentenced to 30 months in prison. The Miami physician was a licensed medical doctor who served as the primary investigator for clinical trials. The study coordinator was also the site director and director of clinical operations at the… Read More »South Florida Physician and Study Coordinator Sentenced to Prison in Scheme to Falsify Clinical Trial Data re Asthma Medication

DOJ Announces Two South Florida Former Owners of a Telemarketing Company Agreed to Pay at Least $4M to Resolve False Claims Act Allegations

On March 16, 2021, the DOJ issued a Press Release announcing two South Florida men (residents of Gulf Stream and Fort Lauderdale) have agreed to collectively pay at least $4 million in a civil settlement to resolve allegations that they violated the False Claims Act by engaging in schemes to generate prescriptions for compounded drugs and refer those prescriptions to pharmacies in exchange for illegal kickbacks. The allegations maintain that many of those prescriptions were billed to TRICARE, the federal health care program providing insurance… Read More »DOJ Announces Two South Florida Former Owners of a Telemarketing Company Agreed to Pay at Least $4M to Resolve False Claims Act Allegations

Department of Justice Fraud Section Year in Review 2020

In February 2021, the DOJ Fraud Section issued its annual Year in Review 2020. In 2020, the DOJ Fraud Section spearheaded one of the largest-ever National Health Care Fraud and Prescription Opioid Takedowns. The DOJ Fraud Section’s Year in Review 2020 set out notable case examples of its nationwide effort to combat health care fraud – four (4) of which occurred in Florida: United States v. Jorge Perez, et al (M.D. Fla.) This case fell under the National Rapid Response Strike Force’s (NRRSF) purview, involving… Read More »Department of Justice Fraud Section Year in Review 2020

DOJ Announces a Federal Grand Jury in Miami Charged a Florida Physician in an Alleged Scheme to Falsify Clinical Trial Data

March 8, 2021 – DOJ issued a PRESS RELEASE announcing that an in a now unsealed indictment, a federal grand jury in Miami charged a Florida medical doctor and three others for their roles in an alleged scheme to falsify clinical trial data. See Indictment below: The DOJ reports that according to court documents, the physician, the owner of the research clinic, and the clinic’s senior staff, were each charged with conspiracy to commit mail and wire fraud and at least one count of mail… Read More »DOJ Announces a Federal Grand Jury in Miami Charged a Florida Physician in an Alleged Scheme to Falsify Clinical Trial Data

Florida 4th DCA Reiterates the U.S. Supreme Court’s Precedent in Gunn for Determining Subject Matter Jurisdiction in a State Court Case Involving a Patent

Point Conversions, LLC (“Appellant”) is a software development company that appealed a trial court’s (Palm Beach County Circuit Court) final order dismissing PC’s Complaint against WPB Hotel Partners, LLC (“Appellee”), and independently owned franchise of a hotel chain, for lack of subject matter jurisdiction. The Fourth DCA reversed on the basis that the case was controlled by precedent established by the United States Supreme Court in Gunn v. Minton, 568 U.S. 251 (2013). Appellant entered into an agreement with a third-party patent owner allowing it… Read More »Florida 4th DCA Reiterates the U.S. Supreme Court’s Precedent in Gunn for Determining Subject Matter Jurisdiction in a State Court Case Involving a Patent

Doctor Admits to Kickback and Bribery Schemes Referring to Payments Received as “Vigs.”

On March 5, 2021, the DOJ reported that a Pennsylvania doctor admitted to participating in two conspiracies to receive bribes and kickbacks in exchange for ordering genetic tests. The doctor pleaded guilty to an Information charging him with two counts of conspiring to violate the Anti-Kickback statute, 42 U.S.C. § 1320a-7b(b)(1)(A). More specifically, the doctor was accepting cash kickbacks and bribes in exchange for collecting DNA samples from Medicare patients and sending them for genetic tests to clinical laboratories. The Information is attached here:

March 5, 2021 – DOJ Reports Ohio Treatment Facilities and Corporate Parent Agree to Pay $10.5 M to Resolve False Claims Act Allegations of Kickbacks to Patients and Unnecessary Admissions

March 5, 2021 – The DOJ reported that Ohio treatment facilities and their parent company will pay $10.25 million to resolve alleged violations of the False Claims Act for improperly providing free long-distance transportation to patients and admitting patients who did not require inpatient psychiatric treatment, resulting in the submission of false claims to the Medicare program.