Reporting Pharmaceutical Fraud
Defense Attorneys Discuss Reporting Pharmaceutical Fraud
Healthcare Fraud Team Lead
Former DOJ Attorney
Healthcare Fraud Team
Healthcare Fraud Team
Former FBI Special Agent
Healthcare Fraud Team
Former HHS-OIG Assistant Special Agent-in-Charge
Information can be valuable in the right hands. This summary is designed for people who have information or knowledge about fraud in the pharmaceutical industry.
What is Pharmaceutical Fraud?
Pharmaceutical fraud comes in many forms. Illegal promotion of prescription drugs, failure to report safety data, bribing doctors, and promoting medicines for unlicensed uses are a few. The most common frauds are in kickbacks,Other common frauds are off-label marketing and misbranding. where doctors receive enticements to use specific medical services. Rewards include referrals, luxury items, plane tickets, vacations, lavish gifts, or cash. Some kickbacks are small and isolated. However, kickback schemes can reveal a more organized and widespread abuse of the law. The most common kickback is a company paying a physician for prescriptions or use of a particular drug.
Another common pharmaceutical fraud act is called off-label marketing. The Food and Drug Administration (FDA) prohibits drug producers from marketing or promoting a drug for a use they have not approved. Misbranding occcurs when the drug’s labeling includes unapproved information. Drugs closely scrutinized by the FDA include experimental drugs, generic drugs and, dietary supplements.
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What Should I Do with the Fraud Information I Have?
Do you have information about fraud schemes like kickbacks, off labeling, and misbranding? If so, you may be entitled to a monetary reward. Sharing your knowledge with a healthcare fraud defense attorney can help you report information to the government.
What Happens When I Report?
When you consult with a lawyer about evidence of fraud, the attorney will file a sealed whistleblower lawsuit. The U.S. Attorney’s Office and the Department of Justice are then notified about the misconduct. Under the False Claims Act, federal prosecutors examine the case on the government’s behalf. Your defense attorney then develops a plan to collect your civil rewards.
What is the False Claims Act?
The False Claims Act, also known as the whistleblower statute, is a federal law that rewards individuals with knowledge about fraud against the government. In general, individuals can expect 15 to 30 percent of the total collection if the government intervenes. Sometimes the government does not intervene. In this case, the whistleblower’s legal team can pursue the case with 25 to 30 percent expected.
How We Can Help You Collect Your Reward
While official numbers don’t exist, insiders estimate the government explores only 20 percent of all filed qui tam lawsuits. Filing a qui tam or whistleblower lawsuit is complicated. With only one chance, it’s important to hire a team with experience in this area of law. A team who knows how to draft a False Claims Act complaint that will spark the government’s interest.
Our Experience
Oberheiden, P.C. has the unique experience and insights of processing whistleblower lawsuits with its former federal prosecutors and healthcare fraud defense experience. Contact us to speak with an experienced lawyer.