False Claims Act Update & Alert

 

Taxpayers Against Fraud Education Fund | Washington, D.C. | WWW.TAF.ORG
October 18, 2005

 
   

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$704 Million Serono Settlement
Swiss biotech company Serono has agreed to plead guilty and pay $704 million to resolve criminal and civil charges it illegally marketed Serostim, a human growth hormone used to combat body wasting in AIDS patients.  The case is the largest civil settlement against a prescription drug manufacturer to date.
   
The Serono scam involved three key components:
  • Non-FDA approved computer software to calculate body mass which was rigged to falsely diagnose AIDS wasting;
  • Off-label Marketing of Serostim; 
  • Kickbacks to physicians and pharmacies to get them to prescribe Serostim.

"This scam was costing U.S. taxpayers scores of millions of dollars a year," said James Moorman, President of Taxpayers Against Fraud.  "Bringing it to justice was a public-private partnership made possible only because of the courage of whistleblowers who were willing to stand up, speak up and risk all."
     For their bravery, the four whistleblowers in this case will receive an award of approximately $51 million (17 percent of the federal claim) to be split between the whistleblowers, several law firms, and the federal government to whom taxes must be paid.
     For its part, the Federal Government will collect over $305 million to repay money stolen from Medicaid, and the states will collect $262 million in order to recover money stolen from state Medicaid coffers.  Serono will also pay a $145 million criminal fine.
     Notes Moorman, "Money stolen from Medicaid is money that should be going to America's poorest and sickest.  What Serono was doing was gaming a system at the expense of Americans at the very bottom of the economic system.  This was premeditated fraud." 
>> To read more
>> For a list of the Top 20 FCA cases to date
>> Government's Information (PDF)
>> Serono Civil Settlement Agreement (PDF)
>> Serono Side Letter re: Non-prosecution (PDF)
 


Staples to Pay $7.4 Million
Staples Contract and Commercial, a division of office products giant Staples, Inc., w
ill pay $7.4 million to settle charges the company submitted false claims when it sold office products to the U.S. Government that were not permitted by a General Services Administration (GSA) contract that required all covered office products to be made in countries covered by the Trade Agreements Act.  Earlier this year, the Justice Department reached a $9.8 million settlement with Office Max, Inc. and a $4.75 million settlement with Office Depot, Inc. based on similar allegations by the same relators.  >> To read more
 

Massachusetts Medicaid Fraud:  Catching 1 Cent for Every $10
The Massachusetts Medicaid program is recovering a little more one cent in fraud for every ten dollars spent by the program according to state auditors which criticize state officials for not doing more to detect and discourage such abuses. According to the U.S. Government Accountability Office, between 3 and 10 percent of all Medicaid costs nationwide are lost to fraud and abuse each year.  >> To read more
 

Boeing's Bogus Parts
A False Claims Act lawsuit against Boeing accuses the company of accepting defective and uninspected parts from Ducommun, a supplier based in Carson, California. The case involves 32 jets built for the government, but 1,600 commercial planes built between 1994 and 2004 also contain major structural elements known to be defective and/or uninspected  >> To read more
 

Con, Rip Off and Repeat
Investigators for the Government Accountability Office report that medical equipment suppliers suspended for defrauding Medicare "have little trouble regaining billing privileges so they can do it all over again."  CMS paid medical equipment suppliers about $8.8 billion in FY 2004, and improper payments are estimated to account for $900 million of the total. >> To read the report (PDF)
 
 

Top Ten False Claims Act Cases

This week's Serono settlement is the third largest civil False Claims Act settlement of all time. 
 
Company
(* means criminal fines were also levied.  Amounts listed are only for Federal FCA settlements; additional state claims may also have been paid).
 
Amount Case Was Settled For ($) Date
1) HCA * 731,400,000 Dec-00
2) HCA * 631,000,000 Jun-03
3) Serono Group * 567,000,000 Oct - 05
4) TAP Pharmaceuticals Products Inc. * 559,483,560 Oct-01
5) Abbott Labs * 400,000,000 Jul-03
6) Fresenius Medical Care of N. America* 385,000,000 Jan-00
7) SmithKline Beecham Clinical Labs (tie) 325,000,000 Feb-97
7) HealthSouth * (tie)

325,000,000

Dec-04

8) National Medical Enterprises * 324,200,000 Jun-94
9) Gambro Healthcare

310,000,000

Dec - 04

10) Schering-Plough *

292,969,482

Jul-04