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Walgreen Accepts Responsibility for $50 Million Kickback Case

Fri, 24 Mar 2017 15:00:37 +0000

The United States Attorney for New York, Preet Bharara announced a settlement of $50 million against Walgreen Co. (“Walgreens”), the national retail drug chain which owns and operates thousands of retail stores across the United States. The settlement resolves allegations that Walgreens violated the federal Anti-Kickback Statute and False Claims Act by providing government beneficiaries […]

Update on Pharmaceutical Company Insys Kickback Investigation

Tue, 21 Mar 2017 17:58:26 +0000

On June 25, 2015, the New York Times reported that Heather Alfonso, a Connecticut advanced practice registered nurse, had pled guilty to federal charges of accepting $83,000 in kickbacks from Insys Therapeutics, an Arizona drug company that sells Subsys, a powerful painkiller used by cancer patients. The article quoted Marcella Auerbach, former federal prosecutor who […]

Government Uncovers TRICARE $100M Compounding Fraud Scheme

Wed, 01 Mar 2017 20:32:30 +0000

Recently, twelve defendants including doctors, pharmacy owners and marketers were charged in a $100 million TRICARE compounding fraud scheme according to John Parker, U.S. Attorney in the Northern District of Texas.  TRICARE is an insurance program for active-duty and retired military and their family members. “The indictments and arrests in this investigation highlight another step […]

Baxter pays more than $18 million to resolve cGMP Criminal and Civil Liability

Tue, 07 Feb 2017 20:26:55 +0000

DOJ recently announced that Baxter Healthcare Corporation agreed to pay $18.158 million to resolve its criminal and civil liability arising from Baxter’s failure to follow current Good Manufacturing Practices (cGMP) when manufacturing sterile drug products in North Carolina. The resolution includes a deferred prosecution agreement and penalties and forfeiture totaling $16 million and a civil settlement under the False […]

Lab Fraud: Will a $256 Million Settlement Stop It?

Tue, 17 Jan 2017 20:30:12 +0000

In fiscal year 2016, Millennium Health (formerly Millennium Laboratories), agreed to pay the Government $256 million to resolve alleged violations of the False Claims Act.  The allegations included medically unnecessary urine, drug and genetic testing and as providing of free items to physicians who agreed to refer expensive laboratory testing business to Millennium in violation […]

The 2017 Healthcare Whistleblower: Agent of Change

Fri, 13 Jan 2017 18:55:28 +0000

New research by Jaron H. Wilde at the University of Iowa’s Tippie College of Business concludes that: …after truth tellers come forward with information about wrong doing inside their operations… [and after investigation, there was a] sharp and lasting drop in financial wrongdoing… Part of Mr. Wilde’s study explored large samples of companies to see if there […]

Kickbacks Crackdown Worldwide: Will Pharma Finally Get the Message?

Mon, 29 Aug 2016 20:45:22 +0000

The Wall Street Journal recently reported that six employees of Novartis have been indicted in South Korea amidst allegations that the company paid $2.3 million to physicians in order that they prescribe the company’s drugs. Although the company said, “Novartis does not tolerate misconduct and we are already implementing a remediation plan in Korea based […]

Pharma Kickbacks to Physicians Could Trigger False Claims Act Conspiracy Liability

Wed, 29 Jun 2016 19:40:55 +0000

For years, courts have muddied the judicial waters when it comes to the appropriate pleading standards for False Claims Act complaints. Most of this confusion has centered on the heightened pleading standards mandated by Federal Rules of Civil Procedure 9(b), which requires a plaintiff to plead fraud “with particularity.” When courts have applied this “particularity” […]

Post-Market Research Fraud

Fri, 17 Jun 2016 18:50:05 +0000

Recently, Medtronic paid the government over $23.5 million to quiet allegations that it violated the False Claims Act by using physician payments related to post-market studies and registries to induce physicians to implant the company’s pacemakers and defibrillators. These allegations mirrored a prior False Claims Act recovery, in which St. Jude Medical paid the government […]

Annual HCFAC Report Highlights Need for Pharmaceutical Fraud Whistleblowers

Thu, 24 Mar 2016 18:29:26 +0000

In fiscal year 2015, healthcare anti-fraud programs operated by the Justice Department and HHS recovered $2.4 billion, a decrease from 2014 of over 37%. This single-year drop in healthcare fraud recoveries was one of the largest year-over-year decreases in the history of the programs. So what happened in FY 2015? FY 2015 was a victim […]