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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.

221.

Defendant

Manufacturers,

through

the

bribes

paid

under

the

Market

Share

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

with Omnicare.

222.

False

Claims Act liability under

§3729(a)(I)

reaches

all

fraudulent

attempts to

cause the government to payout sums of money; liability is not limited to statements or claims

made directly by a defendant to the government.

223.

But

for

the

illegal

kickbacks

paid

by

the

Defendant

Manufacturers,

Omnicare

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

therapeutic class.

224.

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

deceive.

225.

The False Claims Act defines "knowing" or "knowingly" expansively; no proof

of

specific

intent

to

defraud

is

required.

31

U.S.C.

§§3729(b)(l)-(3).

The

Defendant

61

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