whistleblower acts exists to the extent that a claim is caused to be submitted to the government
with the knowledge that the claim is ineligible for reimbursement and is made for the purposes of
defrauding the government into paying out monies it does not owe.
Agreements, have conspired with Omnicare to cause thousands of false claims to be submitted to
the government on a daily basis. The government would not have paid Omnicare's claims had
the government known they were a byproduct of the Defendant Manufacturers' illegal kickback
payments pursuant to the Market Share Agreements. The Defendant Manufacturers' liability
under §§ 3729(a)(I) and (a)(2) of the False Claims Act arises from their participation in causing
the basis for false claims to be made through the establishment of illegal contractual relationships
Claims Act liability under
cause the government to payout sums of money; liability is not limited to statements or claims
made directly by a defendant to the government.
would not have submitted claims to the government for reimbursement for the preferred
medications based on illegal switching from patients' prescribed non-preferred drugs in the same
The Defendant Manufacturers acted with the requisite scienter.
The payment of
kickbacks hidden "off-invoice" is conduct which is by its nature fraudulent and designed to
The False Claims Act defines "knowing" or "knowingly" expansively; no proof