Topic
Kickbacks
273 published works
The Curto Pharma Law Report
Medical Device False Claims Settlement – Arthrex will pay $16 million to resolve HCP kickback claim
By Dan Curto
On Nov. 11, 2021, the US DOJ announced that Arthrex agreed to pay $16 million to resolve a qui tam lawsuit initiated by a whistleblower that alleged that Arthrex bribed…
Health Law Checkup
A new theory of liability under the Anti-Kickback Statute: “File access theory”
In June, the U.S. District Court for the Northern District of Illinois held that a medical management company (MPI) violated the Anti-Kickback Statute (AKS), False Claims Act, and Illinois False…
Rivkin Rounds
Sham Speaker Fees Lead to Jail Term
By Eric Fader
On June 16, Jeffrey Goldstein, a former Manhattan physician, was sentenced to 57 months in prison for taking $196,000 in kickbacks from Insys Therapeutics, a defunct Arizona-based opioid manufacturer. Goldstein pled guilty to conspiracy…
Government Contracts Legal Forum
District Court Reverses Course on Whether Kickbacks Presumptively Inflated Government Costs Under the False Claims Act
By Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Jared Engelking, Bridget Carr
On June 3, 2021, the district court judge in U.S. ex rel. Conyers v. Halliburton Co. et al., reversed on reconsideration a prior ruling that a kickback presumptively inflates a contract price…
Rivkin Rounds
EHR Company in $3.8M Kickback Settlement
By Eric Fader
The U.S. Department of Justice recently announced that CareCloud Health, a Florida-based developer of electronic health records software, agreed to pay $3.8 million to resolve a whistleblower’s allegations that it paid illegal kickbacks to…
Government Contracts Law
How the Truth Is False: Accurate Prescription Drug Event Data Can Trigger False Claims Act Liability
By Matt Wright
In United States ex rel. Silver v. Omnicare, Inc., et al. (D.N.J. No. 11-cv-01326), a whistleblower relator consistently alleged that certain pharmaceutical service providers have engaged in an illegal kickback…
Who Is My Employee?
Kick Back or Kickback? Using Independent Contractors in This Situation is a Felony
With summer coming, you’re probably ready to kick back, to relax. Vacation rentals invite you to kick back and relax. Meditation music invites you to kick back and relax. But…
Rivkin Rounds
EHR Vendor to Pay $18.25 Million to Resolve Kickback Allegations
By Eric Fader
The U.S. Department of Justice (DOJ) announced on January 28 that athenahealth Inc., a Massachusetts-based electronic health records (EHR) technology vendor, has agreed to pay $18.25 million to resolve allegations that it…
Whistleblower Law Collaborative Blog and News
Athenahealth to Pay $18.25 to Settle Kickback Allegations
Today, the Department of Justice and the United States Attorney for the District of Massachusetts announced that athenahealth Inc. (Athena) has settled two False Claims Act qui tam cases for…
Nonprofit Law Prof Blog
Big Pharma, Charities, and Kickbacks
While not necessarily covered much in the nonprofit press, there has been a steady stream of news about federal officials charging pharmaceutical companies with using charities to funnel illegal kickbacks…