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possibly continues to cause to be submitted false or fraudulent claims for payment or approval,

directly or indirectly, to officers, employees, or agents of the State of Louisiana, for Risperdal

and other drugs.

469.

By virtue

of the

above-described

acts,

among

others,

Defendant Ortho

McNeil

knowingly caused to be presented false or fraudulent claims for payment or approval, and

possibly continues to cause to be submitted false or fraudulent claims for payment or approval,

directly or indirectly, to officers, employees, or agents of the State of Louisiana, for Levaquin,

UltramlUltracet, and other drugs.

470.

As a result of the claims for reimbursement defendants caused to be submitted to

Louisiana Medicaid, which were certified compliant with federal and state Medicaid law and

regulation as a condition of payment by co-conspirator pharmacies, Louisiana regularly made

payments to pharmacies for Defendant Manufacturers' illegally switched drugs.

471.

The amounts of the false or fraudulent claims to the State of Louisiana were

material.

472.

Plaintiff State of Louisiana, being unaware of the falsity of the claims andlor

statements caused to be made by the Defendant Manufacturers, and in reliance on the accuracy

thereof paid and may continue to pay for the Defendant Manufacturers' improperly switched

prescriptions.

All

unlawful

conduct

described

above

may

have

continued

after

Lisitza's

termination with Omnicare.

COUNT XXII Conspiracy to Submit False Claims in Violation of the Louisiana Medical Assistance Programs Integrity Law La. Rev. Stat. §438.3C (Against All Defendants)

473.

Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.

105

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