Pharmaceutical fraud now accounts for the
largest False Claims Act recoveries by the United States. and .qui tam relator whistleblowers.. With the
advent of the Medicare prescription plan, even more federal tax dollars
will flow into the pockets of large drug companies.illegally and in
violation of law. And, the pharmaceutical industry is very powerful and
very profitable. There are lots of financial pressures upon these companies
and their employees to ignore federal laws designed to prevent fraud and curb
costs.
Pharmaceutical fraud can take a variety of forms. Cases have involved such
issues as:
- charging for drugs not used and returned to
pharmacy providers;
- marketing promoting, and selling drugs for
uses other than those approved by the FDA;
- marketing drugs to physicians through illegal
means, such as providing financial or other benefits, like
expense-paid .consulting. trips to doctors and providers who
participate in drug marketing promotional meetings; and
- charging prices to the Government that are higher
than is allowable by law.
As stated by the False Claims Act.s 1986
sponsor, Sen. Grassley of Iowa: .With billions of dollars of profits at stake in
the health care industry, more must be done to deter the perception that
fraud settlements are the cost of doing business with the federal
government. Taxpayers can't continue to subsidize those drug companies that
rely on ill-gotten profits. That's why I'm urging all the major drug
companies to launch meaningful anti-fraud programs, with informing all employees
about the False Claims Act as the centerpiece."
Unfortunately, anti-fraud education alone has not stopped pharmaceutical
fraud. It is estimated that dozens of qui tam cases are currently pending,
under seal, involving with still more pharmaceutical fraud schemes. Many
more such pharmaceutical fraud schemes have yet to be reported to the United States by whistleblowers cases still to be filed.