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Glaxosmithkline fined $3 billion for illegal marketing of drugs
  • Jones Day
  • USA
  • July 13 2012

GSK has agreed a settlement with the DoJ whereby it will pay $3 billion for failings in the methods used to market its products


DOJ-HHS Medicare Strike Force charges 91 individuals in eight cities
  • Jones Day
  • USA
  • February 6 2012

In September 2011, a nationwide takedown by Medicare Fraud Strike Force operations in eight cities (Detroit, Miami, Houston, Baton Rouge, Los Angeles, Dallas, Brooklyn, and Chicago) resulted in charges against 91 individuals for their alleged participation in schemes involving approximately $295 million in false billing


Former intermune CEO appeals conviction and exclusion
  • Jones Day
  • USA
  • February 6 2012

On October 28, 2011, Scott Harkonen, former CEO of InterMune, appealed his September 2009 conviction for wire fraud, which was based on his involvement in the creation and dissemination of a press release regarding an off-label use of Actimmune


House holds hearings on bill to simplify criminal code
  • Jones Day
  • USA
  • February 6 2012

On December 13, 2011, the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security held a hearing on H.R. 1823 (Criminal Code Modernization and Simplification Act of 2011), a bill that would revise and reorganize the federal criminal code


OIG advises Connecticut and Iowa that their false claims laws meet the requirements to receive an additional share in recovery
  • Jones Day
  • USA
  • February 6 2012

On November 15, 2011, the Connecticut false claims law became the first state law to meet or exceed the provisions of the federal FCA as recently amended


Developments involving providers
  • Jones Day
  • USA
  • February 6 2012

In October 2011, Columbia University Medical Center in New York City agreed to pay nearly $1 million to settle allegations brought under the FCA


Former CEO sentenced to home detention and probation in off-label case; motions for new trial are denied
  • Jones Day
  • USA
  • April 21 2011

On April 13, 2011, the former CEO of InterMune, W. Scott Harkonen, was sentenced to three years of probation, six months of home detention (stayed pending appeal), and 200 hours of community service, and ordered to pay a $20,000 fine, based on his 2009 federal wire fraud conviction for creating and distributing a false and misleading press release related to an unapproved use of the drug Actimmune


Recent developments in FCA cases: filings, motions, settlements, and trial verdicts
  • Jones Day
  • USA
  • April 21 2011

Recent notable False Claims Act (FCA) cases involving participants in the health care industry include the following


Former CEO sentenced to one month imprisonment and ordered to pay $1.9 million
  • Jones Day
  • USA
  • April 21 2011

On March 10, 2011, the former CEO of K-V Pharmaceutical, Marc Hermelin, was sentenced to 30 days in prison after pleading guilty to two federal charges of misbranding drugs


Purdue executives appeal order upholding exclusion
  • Jones Day
  • USA
  • April 21 2011

On January 31, 2011, three former Purdue executives filed an appeal to challenge Judge Ellen Segal Huvelle's (D.D.C.) order upholding the HHS Secretary's decision to exclude them from participation in federal health care programs