Under the terms of the Bristol Myers Monopril Market Share Agreement, Bristol
Myers gave Omnicare undisclosed rebates, also known as "market share" or "switching"
payments. These price concessions and payments were specifically tied to Omnicare's ability to
generate new sales and refills of Monopril. In exchange for these payments, Omnicare made
Monopril a "preferred" medication.
Bristol Myers' executives during the time period of the Monopril scheme and
conspiracy included Robert W. McBrier, then-Vice President for Institutional Sales, Thomas
Libassi, Matthew Kryczko, Jackly Bryon, John E. Hanson, Maryann Giorgianni, Leslie T.
Hirsch, Director of Managed Care Operations, Frances E. Hamer, John V. Mollica, and Sandra
LISITZA LEARNS OF THE FIRST ILLEGAL MARKET SHARE AGREEMENT BETWEEN BRISTOL MYERS AND OMNICARE
Lisitza was employed by Jacobs HealthCare ("Jacobs") hetween 1992 and 2001,
mainly working as a pharmacy supervisor overseeing several pharmacists who filled orders for
Jacohs' long-term care facility clients. In 1995, Jacobs was acquired hy Omnicare. Lisitza
remained a pharmacy supervisor at Omnicare until May 2001, during which time he gained
direct, non-public, and independent knowledge of the frauds alleged herein.
Plaintiff Lisitza's Omnicare Supervisor was Carl Skrabash.
Skrabash served as
Chief Executive Officer of two Omnicare facilities in northern Illinois, Jacobs and Lawrence
Weber. In early 1998, Skrabash informed Lisitza that Omnicare and Bristol Myers had reached
an agreement whereby Bristol Myers would pay Omnicare a $25 "market share payment" for
every patient's ACE inhibitor prescription Omnicare could switch from another manufacturer's
ACE inhibitor to Monopril, Bristol Myers' ACE inhibitor. For every refill of the switched-to-