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Study of Fraud Cases Against Drug Makers
Explains How Medicare/Medicaid Are Cheated

TAF Calls for Preserving Records
& Supporting Whistleblowers

WASHINGTON, DC, November 6 -- The Taxpayers Against Fraud Education Fund today released a study of the seven federal False Claims Act (FCA) cases settled with the U.S. Department of Justice since 2001 in which pharmaceutical manufacturers paid a total of $1.6 billion to resolve allegations of Medicare and Medicaid drug pricing and marketing fraud. Each case was initiated by whistleblowers later joined by federal and/or state governments. The defendants were: AstraZeneca, Bayer, Dey, GlaxoSmithKline, Pfizer, and TAP Pharmaceuticals (a joint venture of Abbott Laboratories and Takeda Chemical Industries).

Pfizer, GlaxoSmithKline and AstraZeneca, are among the world's top five drug manufacturers in terms of sales volume.

The TAF study describes the critical role played by insider whistleblowers in uncovering the wrongdoing, and finds a backlog of other similar cases in various stages of development. The $1.6 billion already recovered is equal to the total amount spent by the federal government in one year to combat infectious diseases like SARS in this country. The study urges Congress to consider the lessons of these frauds as it works on Medicare coverage for outpatient prescription drugs. TAF specifically recommends that The Centers for Medicare and Medicaid Services (CMS) revise an August regulation in the Medicaid drug rebate program permitting manufacturers to prematurely destroy pricing records, thereby potentially compromising FCA lawsuits and investigations. In addition, the study postulates that we may be in the midst of a sea change in government/industry relations triggered by these cases.