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Nurse Wage Fixing Case Reaches Guilty Verdict; DOJ Seeks $10.5M

Eduardo Lopez, a former Las Vegas healthcare staffing executive, has been found guilty of conspiring to fix nurses’ wages and convicted on related wire fraud charges, following a high-profile trial earlier this year. U.S. DOJ prosecutors are now seeking a $10.5 million preliminary forfeiture order in connection with the conviction, an amount equal to the proceeds Lopez received from selling his nurse staffing company while under federal investigation.

Guilty Verdict and Wire Fraud

  • On April 14, 2025, a federal jury unanimously convicted Lopez of wage fixing—an illegal conspiracy among home health agencies to suppress nurse pay between 2016 and 2019, with Lopez overseeing recruitment and salary assignments at three companies.
  • Evidence at trial included incriminating text messages and testimony showing Lopez and his competitors agreed to limit hourly rates for registered nurses and licensed practical nurses, directly impacting hundreds of Las Vegas-area healthcare workers.
  • Beyond antitrust violations, Lopez was found guilty of five counts of wire fraud for failing to disclose an active federal investigation when selling his company for more than $10 million in 2021.
  • DOJ prosecutors have asked a Nevada federal judge for a $10.5 million preliminary forfeiture order against Lopez, based on wire fraud convictions related to the sale of his company.
  • The Antitrust Division’s victory marks its first-ever criminal jury win in a labor market collusion case, following a series of previous losses, and sets a major precedent for future wage-fixing prosecutions.

Wage fixing remains a serious threat: when employers collude, nurses lose the ability to bargain for fair pay and career options, harming both financial security and patient care quality.

“Today’s verdict highlights what should be a clear message with antitrust crimes: the agreement is the crime. The Antitrust Division will zealously prosecute those who seek to unjustly profit off their employees. The nurses here deserved better,” said DOJ Assistant Attorney General Abigail Slater.

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Lopez’s conviction and the pending multi-million dollar forfeiture showcase aggressive new DOJ tactics to protect healthcare workers’ rights. Nurses are encouraged to stay informed, participate in professional organizations, and raise concerns about wage collusion—helping support a transparent labor market where healthcare professionals are compensated fairly for their service.

Original Article: 3/22/23

In Las Vegas, Nevada, a former healthcare staffing executive has been indicted for allegedly conspiring to “fix” nurses’ pay. 

According to a press release from the Department of Justice (DOJ), the federal grand jury indictment alleges that Eduardo Lopez and other co-conspirators participated in communication and meetings between March 2016 and May 2019 that were intended to “suppress and eliminate” competition and control wages of nurses and other healthcare workers. 

“Wage fixing is a crime that deprives workers of hard-earned wages,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division.  

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At this time, few details of the investigation have been released to the public. 

Local news station CBS Channel 8 (KLAS) reported that other unnamed co-conspirators are being charged in connection with the indictment. Another Las Vegas news outlet, Fox Channel 5, reported that Lopez worked for three different home health companies during the time of the allegations. 

He reportedly oversaw the recruitment, hiring, assignments, and retention of nurses and other healthcare staff at each company. The news articles do not mention the names of the companies Lopez worked for.

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Source: Twitter

Lopez is facing one felony count for violating the Sherman Antitrust Act. 

The Sherman Antitrust Act of 1890 is a federal statute prohibiting activities restricting commerce and competition in the marketplace. It bans businesses from colluding to form monopolies. Wage-fixing constitutes a form of price-fixing, which is illegal under the Sherman Act.

The maximum penalty for violating Section 1 of the Sherman Act is ten years in prison for each offense. A violation also carries a fine of up to $1 million for individuals and $100 million for corporations. In some cases, the statutory maximum may be increased up to twice the amount of money gained from the crime or suffered as loss by the victims.

The Department of Justice prosecutes anti-competitive conduct that affects the American labor markets to protect workers’ rights to earn fair wages.

An indictment alleges that crimes have been committed. However, defendants are presumed innocent until proven guilty beyond a reasonable doubt. 

Lopez’s next hearing has been set for Tuesday, March 28.

Similar Antitrust and Wage-Fixing Prosecution

In a similar case last spring, the District of Nevada prosecuted a healthcare staffing company VDA, formerly Advantage On Call LLC, for entering into an agreement with a competitor to fix the wages of nurses working in a Nevada school district. The staffing company pleaded guilty and agreed to fines and restitution totaling $134,000.

An article published by law firm Hinckley Allen suggests that this case was indicative of an aggressive antitrust push by the DOJ’s Antitrust Division, which would likely continue prosecuting cases of any attempt by employers to fix or limit employee wages. 

Two other wage-fixing cases were dismissed in late 2022.

In December 2022, the DOJ Antitrust Division and the Office of the Inspector General signed a memo strengthening their partnership to protect healthcare consumers and workers from collusion and promote competitive healthcare markets.

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Source: Department of Justice

U.S. Attorney General for the District of Nevada Jason M. Frierson recently told ABC Channel 13 (KTNV), “We will continue to partner with the Antitrust Division and the FBI to protect the marketplace and the rights of workers from earning fair wages and prosecuting those who engage in anti-competitive activities.”

This case highlights the importance of fair wages for nurses and the impact of anti-competitive practices on the labor market. 

Wage fixing hurts nurses by preventing them from earning a fair wage. Nursing professionals can’t negotiate for better wages when employers collude to control wages and suppress competition. This leads to reduced financial stability, which negatively impacts their personal and professional lives. 

In addition, artificially low wages can make it difficult for healthcare organizations to attract and retain talented nurses, resulting in a decrease in patient care quality. Ultimately, wage fixing harms nurses, the healthcare system, and patients.

Nurses are critical to the healthcare system and deserve fair compensation for their dedication and hard work. 

Yet according to the 2023 Healthcare Experience Trends Report from Qualtrics, only half (52%) of healthcare workers believed they are paid fairly. That is the lowest score of any industry in the study. 

Nurses can advocate for fair wages by staying informed, communicating with policymakers, and participating in professional organizations. 

The DOJ’s Antitrust Division encourages people with information on price fixing by employers to contact the DOJ Antitrust Division’s Citizen Complaint Center at 1-888-647-3258. You can also visit www.justice.gov/atr/contact/newcase.html

 

🤔 Nurses, what are your thoughts about this case and the outcome? Let us know in the discussion forum below. 

 

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