Healthcare technology firm Semler Scientific has reached a tentative settlement agreement with the U.S. Department of Justice (DOJ), disclosing in a Tuesday filing that it was prepared to pay a $29.75 million fine in order to settle all claims tied to potential violations of a federal anti-fraud law related to its marketing of QuantaFlo, its flagship product. Last month, Semler Scientific disclosed that it had received a civil investigative demand, or CID — essentially, a subpoena from a federal agency that typically precedes a lawsuit — from the DOJ back in 2017. In a filing with the U.S. Securities and Exchange Commission (SEC) Semler Scientific said it had complied with several subsequent subpoenas over the following years and began initial settlement discussions with the DOJ in February. The investigation into Semler Scientific’s marketing of QuantaFlo is unrelated to its bitcoin holdings. In its Tuesday 8-K filing with the SEC, Semler Scientific — a large corporate holder of bitcoin — said that it had inked an agreement with crypto exchange Coinbase allowing it to borrow both cash and digital assets, using its bitcoin holdings as collateral. If the company’s settlement agreement with the DOJ is approved, it said in the filing, Semler Scientific “intends to borrow under the Coinbase master loan agreement and use such proceeds (along with its cash on hand) to pay the proposed settlement with DOJ.” Semler Scientific’s settlement agreement with the DOJ is in principle, meaning that it is not yet set in stone. In its Tuesday filing, the company warned investors that if the parties are unable to come to a final agreement, there is still a risk that the DOJ could file charges against the company “seeking damages in excess of such agreed settlement amount.” “Should the parties not be able to reach settlement and DOJ file a complaint, Semler Sci intends to vigorously defend itself in any such action,” the firm said in its filing. Semler Scientific currently holds 3,192 bitcoins, a stockpile worth approximately $267 million at today’s price.
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