Pharmaceutical Kickbacks

Right now the pharmaceutical industry is in the middle of its biggest challenge in history. Whistleblowers have exposed and continue to expose fraudulent practices ranging from pricing issues to sales and marketing practices at a rate never anticipated by either the pharmaceutical industry or the Department of Justice. Settlements and jury verdicts have been headline grabbing and large, attracting the attention of pharma, regulators, Congress and taxpayers. The qui tam pharmaceutical fraud cases settled since 2000 alone have amounted to over 3.5 billion dollars, representing various patterns of fraud. We expect to see some new patterns as time goes by, especially with the new Medicare prescription drug benefit. Pharmaceutical fraud is still abundant and this blog is intended to keep readers up to date with all pharmaceutical fraud related news and to provide commentary when warranted. This blog also contains an array of laws and regulations concerning the Federal Food, Drug and Cosmetic Act set out in an easy to read format.

J&J Fined $70 Million for International Kickbacks

by Nolan and Auerbach on May 19, 2011

Pharmaceutical giant Johnson and Johnson has agreed to pay $48.6 million in disgorgement charges, and another $21.4 million in criminal charges as part of a settlement agreement. These fines are in response to allegations brought forward by the Securities and Exchange Commission contending J&J paid out kickbacks to foreign doctors, hospitals, and governments to gain drug prescriptions, use of medical equipment, and even government contracts.

Some of the kickbacks were not in the form of direct cash, but rather indirectly paid, such as inappropriate travel with lavish dinners and gifts, and the use of fake civil contracts, slush funds, and off-shore companies.

The methods used to break the law are great and will always vary. When the bottom line takes greater precedence than the care of the patient, companies will always seek a way to circumvent the system. Nolan & Auerbach, P.A. encourages individuals that may have witnessed fraud, and have evidence of this fraud to step forward. The actions of these brave individuals keep our healthcare system safe and honest.

For more information about qui tam law and pharmaceutical fraud, contact Nolan and Auerbach, P.A.

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