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Court also has jurisdiction under 31 U.S.C. §3732(a) over the Defendant Manufacturers because

their fraudulent acts, proscribed by 31 U.S.c. §3729, occurred in this District.

  • 31.

    Venue is proper in this District under 31 U.S.C. §3732(a) and 28 U.S.C. §1391.

  • 32.

    This suit is not based upon prior public disclosures of allegations or transactions

ill a criminal, civil, or administrative hearing, lawsuit or investigation, or in a government

Accounting Office or Auditor General's report, hearing, audit, or investigation, or from the news

media. To the extent that there has been a public disclosure unknown to Lisitza, Lisitza is an

original source under 31 U.S.C. §3730(e)(4), 740 ILCS 17S/4(e)(4), and other Plaintiff State

False Claims Acts. The facts and infonllation set forth herein are based upon Lisitza's personal

observation, investigation with counsel, and documents produced in this case. Lisitza has direct

and independent knowledge of the information on which the allegations are based and has

voluntarily provided the information to the government before filing a qui tam action.

33.

On October 29, 2003, Lisitza provided to the Attorney General of the United

States, the United States Attorney for the Eastern District of Pennsylvania, the Attorney General

of Illinois, and other state Attorneys General a written disclosure statement of substantially all

known material evidence in accordance with the provisions of 31 U.S.C. §3730(b)(2), 740 ILCS

17S/4(b)(2), and other Plaintiff State False Claims Acts.

  • IV.

    THE REGULATORY ENVIRONMENT

    • 34.

      Numerous state and federal statutes and regulations serve to prevent fraud and

abuse in the Medicaid program. Defendant Manufacturers, in collusion with Omnicare, have

violated these statutes and regulations and have thereby defrauded the government and private

health insurance payors of tens of millions of dollars.

9

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