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intentionally conspired to deceive and make false, incomplete, and/or misleading statements of

material facts to insurers in order to obtain reimbursement for Omnicare from insurers for which

Omnicare was not entitled in exchange for Omnicare fraudulently increasing Defendant

Manufactuers' "preferred" drug market share. Insurers, unaware of the falsity of the claims

because Defendant Manufacturers conspired with Omnicare to fail to disclose the material facts,

paid the claims submitted by Omnicare in connection with the drug prescriptions.

259.

Defendant Manufacturers knowingly and

intentionally conspired to,

and caused

false claims for payment to be submitted for prescription drugs: from the implementation of each

individual scheme (the earliest was 1998, with rollouts of subsequent schemes every few

months) to date in violation of the Illinois Insurance Claims Fraud Prevention Act.

X. CONCLUSION

260.

Co-conspirators

the

Defendant

Manufacturers

and

Omnicare

have

within

their

exclusive possession and control documents that would allow plaintiffs to plead this fraud with

greater

speciticity.

Documents

that

would

reflect

the

fraud

include:

the

Defendant

Manufacturers Quarterly reports for their preferred medications, the Market Share Agreements,

PAL letter solicitations, the PAL letters themselves, agreements documenting the conspiracy

between Omnicare and Defendant Manufacturers, electronic and other media used to calculate

and tabulate kickbacks given by Defendant Manufacturers and received by Omnicare, wholesale

orders for the medications for which PALikickback schemes were implemented, "Physician

Order Sheets" for clients whose medication was switched to medications covered by PAL

schemes, computer databases written specifically for Omnicare that tracked the PAL program

switches, documents relating to the actual best price charged to private sector purchasers of the

Defendant Manufacturers' "preferred" medications, quarterly PHS pricing submissions, annual

69

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