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Source: United States Department of Justice Criminal Division

WASHINGTON – Today, the Department of Justice released Guidance to ensure that recipients of federal funding do not engage in unlawful discrimination.  In particular, it clarifies that federal antidiscrimination laws apply to programs or initiatives that involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (“DEI”) programs.  Entities that receive federal funds, like all other entities subject to federal antidiscrimination laws, must ensure that their programs and activities comply with federal law and do not discriminate on the basis of race, color, national origin, sex, religion, or other protected characteristics—no matter the program’s labels, objectives, or intentions.

“This Department of Justice will not stand by while recipients of federal funds engage in illegal discrimination,” said Attorney General Pamela Bondi. “This guidance will ensure we are serving the American people and not ideological agendas.”

“The federal government must ensure that taxpayer money is used lawfully and for the public good,” said Assistant Attorney General Harmeet K. Dhillon. “The very foundation of our anti-discrimination laws rests on the principle that every American deserves equal opportunity, regardless of race, color, national origin, sex, religion, or other protected characteristics.”

This new Guidance emphasizes the significant legal risks of initiatives that involve discrimination based on protected characteristics and offers non-binding best practices to help entities that receive federal funds avoid the risk of violations and the revocation of federal grant funding.

Read the Guidance HERE.

Source: United States Department of Justice Criminal Division

Forefront Dermatology S.C. and Henghold Surgery Center LLC, have agreed to pay $847,394 to resolve allegations that they violated the False Claims Act by knowingly causing the submission of falsely coded claims to Medicare for wound repair procedures.

Forefront owns and operates a dermatology practice in Florida doing business as Henghold Dermatology. Henghold Surgery Center is an ambulatory surgery center that closed in 2023, and is wholly owned by William B. Henghold, M.D. Both the practice and surgery center performed wound repair procedures following Mohs micrographic surgery, a method of skin cancer removal.

The United States alleged that Henghold Dermatology and Henghold Surgery Center caused the submission of false claims to Medicare by using inaccurate wound repair billing codes for which Medicare paid more money than it would have paid for the wound repairs that were actually performed — a practice known as “upcoding.” Specifically, Henghold Dermatology and Henghold Surgery Center falsely coded linear repairs as if they were flap repairs and falsely coded smaller flap repairs as if they were larger flap repairs.

“Improperly billing Medicare depletes valuable government resources that provide necessary medical care to millions of Americans,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “We will hold accountable health care providers who enrich themselves by defrauding federal health care programs.”

“This office will continue to aggressively root out fraud, waste, and abuse in our healthcare system by pursuing providers who submit false claims to Medicare,” said U.S. Attorney John P. Heekin for the Northern District of Florida. “We will hold those who attempt to defraud the federal government accountable to the fullest extent of the law.”

“Schemes that cause Medicare to pay for costlier services than were actually performed waste taxpayer funding, threatening the integrity of this federal health care program,” said Deputy Inspector General for Investigations Christian J. Schrank of the U.S. Health and Human Services Office of Inspector General (HHS-OIG). “Working together with our law enforcement partners, HHS-OIG will continue to investigate allegations of improper billing schemes to protect taxpayer-funded health care programs and the people served by them.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Christopher Wolfe, M.D., a former Forefront employee. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery.  The qui tam case is captioned U.S. ex rel. Wolfe v. Henghold et al., No. 3:23-cv-21624 (N.D. Fla.). Dr. Wolfe will receive $152,531 in connection with the settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Northern District of Florida, with assistance from HHS-OIG.

The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The matter was investigated by Trial Attorney Colin Shannon and Assistant U.S. Attorneys John Spaccarotella, Mary Ann Couch, and Marie Moyle for the Northern District of Florida.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Source: United States Department of Justice Criminal Division

Andrew Pogosyan, 68, a U.S. citizen born in Russia and residing in Madison, pleaded guilty today in federal court to a four-count criminal information charging him with conspiracy to defraud the United States and smuggling goods from the United States.

The U.S. government regulates the export of goods, technology, and software from the United States. On Feb. 24, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) implemented specific export control regulations in response to Russia’s invasion of Ukraine. These regulations prohibit the export of certain items from the United States to Russia without a license from the BIS. The regulations were expanded on Sept. 16, 2022, to include a licensing requirement for items potentially useful to Russia’s chemical and biological weapons production capabilities. Under the Export Control Reform Act, it is a federal crime to willfully violate any export control regulation.

According to court filings and statements made during the plea hearing, beginning around September 2022 and continuing until October 2023, Pogosyan through his company, Omega Diagnostics LLC, willfully violated and evaded the export restrictions imposed on Russia by exporting scientific and diagnostic research equipment components to Russia without the required licenses, using transshipment points in third-party countries to conceal the ultimate destination. Specifically, Pogosyan conspired with Russian-based companies and individuals to export controlled items from the United States to Russia through third-party countries, including Kazakhstan, Uzbekistan, Turkey, Latvia, and Lithuania. Pogosyan exported the controlled items without obtaining a license, despite knowing about the license requirement.

Pogosyan faces a maximum penalty of five years in prison for the conspiracy charge and a maximum penalty of 10 years in prison for each of the smuggling violations. Sentencing is scheduled for Oct. 7. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General for National Security John A. Eisenberg, Acting U.S. Attorney Chadwick M. Elgersma for the Western District of Wisconsin, and Assistant Director Roman Rozhavsky of the FBI’s Counterintelligence Division made the announcement.

The FBI, BIS Office of Export Enforcement, and the U.S. Department of Homeland Security, Homeland Security Investigations are investigating the case.

Acting U.S. Attorney Elgersma for the Western District of Wisconsin and Trial Attorney Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

Source: United States Department of Justice Criminal Division

Today, the U.S. Department of Justice’s Civil Rights Division announced that the University of California, Los Angeles (UCLA) violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 by acting with deliberate indifference in creating a hostile educational environment for Jewish and Israeli students.

The Civil Rights Division’s Notice of Violation finds that UCLA failed to adequately respond to complaints of severe, pervasive, and objectively offensive harassment and abuse that Jewish and Israeli students faced on its campus from October 7, 2023, to the present.

“Our investigation into the University of California system has found concerning evidence of systemic anti-Semitism at UCLA that demands severe accountability from the institution,” said Attorney General Pamela Bondi. “This disgusting breach of civil rights against students will not stand: DOJ will force UCLA to pay a heavy price for putting Jewish Americans at risk and continue our ongoing investigations into other campuses in the UC system.”

“UCLA failed to take timely and appropriate action in response to credible claims of harm and hostility on its campus,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Its inaction constitutes a clear violation of our federal civil rights laws, and the Justice Department will hold UCLA accountable to their legal obligations so that all students can have equal protection under the law.”

The Civil Rights Division enforces federal civil rights laws that protect students from discrimination based on religion, national origin, and other protected characteristics. This includes Title VI, which prohibits such discrimination by recipients of federal financial assistance.