MJH Healthcare Holdings, LLC Agrees to Pay $2 Million to Settle False Claims Act Allegations Relating to Postage Rates

WASHINGTON – MJH Healthcare Holdings, LLC, its subsidiary, MJH Life Sciences, LLC, and several affiliates of MJH Life Sciences, LLC (collectively MJH), have agreed to pay $2,006,424 to resolve allegations that they violated the False Claims Act by knowingly certifying their eligibility to use the periodicals postage rate offered by the United States Postal Service when they were ineligible for that rate.  MJH, based in Cranbury, New Jersey, publishes educational and promotional materials aimed at healthcare providers and patients.

The United States alleged that for 40 mailings of MJH publications between October 2021 and June 2024, MJH calculated the required postage based on the periodicals postage rate.  The periodicals rate is only available for publications where more than half of the mailed issues have been requested by recipients.  However, in calculating the percentage of these issues that were requested by the addressee, MJH certified figures to the Postal Service that were inaccurate in two ways.  First, it allegedly included among the “requesters” addressees appearing on lists received from third-party sources that had not qualified the listed individuals to be requesters, as required.  Second, MJH counted requests that had aged out.  Under Postal Service rules, requests must be less than three years old to qualify for the periodicals rate.  Had MJH excluded these categories from its calculations, as required, the percentage of requesters would have been less than 50 percent of recipients.  MJH should not have certified that its requester figures were accurate and that it was eligible for the lower periodicals rate for these mailings.

“The United States relies on individuals and companies doing business with it to accurately report what they owe the government.  When they do not, we will not hesitate to take appropriate steps to protect the public fisc.”

- U.S. Attorney Alina Habba

“The USPS OIG will continue to aggressively investigate companies that defraud the Postal Service,” said Tammy Hull, Inspector General U.S. Postal Service. “This settlement demonstrates that our special agents will work with the United States Department of Justice and the United States Attorney’s Office to identify companies that misrepresent their eligibility for lower postage rates.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by John Burke, a former employe of one of the MJH affiliates.  Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. Mr. Burke will receive $341,092 under this resolution. The qui tam case is captioned U.S. ex rel. Burke v. MJH Healthcare Holdings, LLC, et al., No. 3:22-cv-07367 (D. N.J.).

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 United States Attorney’s Office for the District of New Jersey with assistance from the United States Postal Service’s Office of the Inspector General.

The matter was investigated by Assistant United States Attorney Paul Kaufman and Trial Attorney Wesley Heath.

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

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