Non-jail sentence following prosecution for violation of AKS
I regularly represent health care providers, marketers, and health care organizations accused of or under investigation for health care fraud and violations of the anti-kickback statute. Recently, I represented the owner of a pharmacy. The owner was charged with engaging in a conspiracy to pay kickbacks in exchange for referrals, in addition to other crimes. The […]
Andrew Feldman and Marissel Descalzo Obtain A Judgment of Acquittal in Fraud Trial Related to Clinical Trial
Andrew S. Feldman and I obtained a rare Rule29 judgment of acquittal on the one major count at trial alleging that the client participated in a wire fraud conspiracy. The wire fraud conspiracy related entirely to the client’s supposed involvement in a fraudulent clinical trial for Asthma drugs sponsored by GlaxoSmith Kline. From 2014 until […]
A win for the defense in False Claims Act actions
In United States ex rel, Sheldon v. Allergan Sales, LLC, the relator claimed that defendant drug manufacturer had engaged in an allegedly fraudulent price reporting scheme under the Medicaid Drug Rebate Statute. Under the Rebate statute, drug manufacturers seeking to have drugs covered by Medicaid must enter into rebate agreements by which they provide quarterly […]
Another evidentiary scandal for prosecutors in New York
Discovery violations and delays might result in the dismissal of a indictment involving a $500 million fraud. This after the original indictment was dismissed without prejudice for similar issues. United States v. Morgan, et al, 18-cr-108; 21-cr-00032 (W.D.N.Y.). In early May 2018, agents executed wide sweeping search warrants on the offices of Bob Morgan. Computers, […]
Opening statements in DaVita’s Criminal Antitrust case started yesterday
One of the first Department of Justice criminal antitrust cases targeting agreements in the labor market started yesterday. The Indictment charges that DaVita (a kidney dialysis center) engaged in three agreements with competitors that prevented solicitation of each other’s executives. The agreements also contained a “tell your boss” provision, which prevented the participants in the […]