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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 XXXIV Conspiracy to Submit False Claims in Violation of the New York False Claims Act

  • N.

    Y. St. Finance Law §187 et seq. (Against All Defendants)

    • 593.

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

    • 594.

      By effectuating the PAL letter solicitation-far-kickback scheme detailed herein,

Bristol Myers and Omnicare conspired to defraud the State of New York by submitting false

claims and causing the submission offalse claims for Monopril, Abilify, and other drugs.

595.

By effectuating a similar PAL letter solicitation-far-kickback scheme. Pfizer and

Omnicare conspired to defraud the State ofNew York by submitting false claims and causing the

submission offalse claims for Lipitor, Accupril and other drugs.

596.

By

effectuating

a

similar

PAL

letter

solicitation-far-kickback

scheme,

Ortho

McNeil and Omnicare conspired to defraud the State of New York by submitting false claims

and causing the submission of false claims for Levaquin, Ultram/Ultracet, and other drugs.

597.

By effectuating a similar PAL letter solicitation-far-kickback scheme, Janssen and

Omnicare conspired to defraud the State of New York by submitting false claims and causing the

submission of false claims for Risperdal and other drugs.

598.

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

New York Medicaid, which were certified compliant with federal and state Medicaid law and

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

payments to pharmacies for Defendant Manufacturers' illegally switched drugs.

599.

The

amounts

of the false

or fraudulent

claims

to

the

State

of New

York were

126

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