The Civil Division of the U.S. Attorney’s Office for the Northern District of Ohio is responsible for litigating civil cases involving the United States and its agencies throughout the 40 northern counties in Ohio.
The Assistant U.S. Attorneys in this division litigate a diverse docket of affirmative and defensive court cases on behalf of the United States and its various agencies. Examples include cases that involve federal laws concerning the environment, disability and anti-discrimination, voting rights, fair housing, fraud recovery on behalf of Medicare and Medicaid, and more.
The division also recovers money owed to the government or victims of crimes and collects payment of criminal restitution, fines, and penalties. Additional areas of responsibility include protecting the United States’ interests in medical malpractice actions, bankruptcies, foreclosures, and social security matters.
U.S. Attorney Rebecca Lutzko for the Northern District of Ohio said, “The division’s achievements this year are significant, and we will continue our efforts, next year and beyond, to hold accountable those who break federal laws and cheat the U.S. taxpayer and to otherwise represent the United States’ interests in civil litigation.”
The division has a number of notable achievements in 2024.
Investigation of the Cleveland Clinic Foundation – The Cleveland Clinic Foundation (CCF) agreed to pay $7,600,000 to resolve allegations that it violated the False Claims Act when it submitted federal grant applications and progress reports to the National Institutes of Health that did not disclose that a key employee involved in administering the grants had financial research support from other sources.
U.S. ex rel. White, et al. v. Rite Aid Corp., et al. – Rite Aid Corporation and 10 subsidiaries and affiliates agreed to settle the government’s allegations of filling unnecessary prescriptions under the False Claims Act and Controlled Substances Act, asserted in United States ex rel. White et al. v. Rite Aid Corp., et al. Under the settlement, the government will be paid $7.5 million.
U.S. ex rel. Rzeszutko v. Elixir Insurance Co., et al. – Three Rite-Aid subsidiaries, Elixir Insurance Company, RX Options LLC, and RX Solutions LLC, agreed to a settlement that resolved allegations that they violated the False Claims Act when they did not accurately report drug rebates to the Medicare program. As part of the settlement, Elixir Insurance and Rite Aid will pay the United States $101 million.
U.S v. Gerber, et al. – A federal court prohibited Ohio physician Gregory Gerber, M.D., from prescribing opioids and other controlled substances and ordered him to pay $4.7 million in a case alleging violations of the Controlled Substances Act and the False Claims Act.
Allegations against Gerber include writing prescriptions for opioids and other controlled substances without a legitimate medical basis, causing a patient’s death due to a fentanyl patch overdose, and receiving kickback payments from a drug manufacturer when prescribing certain drugs that contain fentanyl.
U.S. v. Norfolk Southern Railway Co., et al. – The Norfolk Southern Railway Company agreed to a settlement valued at over $363 million to hold it accountable, address, and pay for the damage caused by the Feb. 3, 2023, train derailment in East Palestine, Ohio. The USAO worked in conjunction with the Environmental Enforcement Section of the Justice Department’s Environment and Natural Resources Division to settle the case.
The settlement included provisions requiring Norfolk Southern to fund a community health program that will monitor and treat individual medical needs of residents and first responders stemming from the disaster.
It also required Norfolk Southern to fund extensive environmental site cleanup to restore the region’s waterways and habitats; to implement expanded rail safety and emergency response measures and measures to improve and protect waterways and wetlands; and to monitor drinking water to ensure it is safe.
Additionally, the USAO’s Civil Division conducted numerous outreach efforts to connect with the community. In 2024, these included the following events:
Voting with a Disability – In February, U.S. Attorney Rebecca Lutzko took part in an online forum to highlight concerns and address issues that voters with disabilities encounter. Advocacy groups and others from throughout the state listened to the presentation and identified areas of concern. This event was held in partnership with the USAO for the Southern District of Ohio.
Legal Aid Society of Cleveland – In April, lawyers and support staff from the USAO volunteered their time and talents at a legal aid clinic. The event was held at the Cleveland Public Library-Memorial Nottingham Branch. Clinic volunteers provided advice and assistance to people with limited financial resources and addressed a range of civil, legal problems, such as landlord and tenant issues, employment, family law, and consumer law.
Summer Camp ADA Compliance – In May the USAO corresponded with numerous summer camps in the district to remind them of their obligations under the Americans with Disabilities Act (ADA). In particular, summer camps must make reasonable modifications to enable campers with disabilities to participate fully in all camp programs and activities.
Toledo Branch Office – Assistant U.S. Attorney Bill Rojas addressed local bar associations, providing current Department of Justice guidance for evaluating requests by debtors to discharge federal student loans. In May, he addressed the Bankruptcy Court Committee of the Toledo Bar Association.
In December, AUSA Rojas participated on a panel for the Cleveland Metropolitan Bar Association’s William J. O’Neill and Pat E. Morgenstern-Clarren Bankruptcy Institute. The Department of Justice issued its student loan discharge guidance, in part, to set transparent discharge criteria and ease the burden on bankruptcy debtors in pursuing adversary proceedings.
