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million from Omnicare's northern Illinois facilities alone. As the Defendant Manufacturers'

fraudulent practices extend throughout the company in states where government reimbursement

rates make such fi'aud lucrative for the Defendant Manufacturers; the amount of total damages to

the government exceeds $10 million.

COUNTIJ False Claims Act 31 U.S.c. §3729 (a)(2) (Against All Defendants)

  • 272.

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

  • 273.

    This Count is brought by Lisitza in the name of the United States under the qui

tam provisions of 31 U.S.c. §3730 for the Defendant Manufacturers' violation of 31 U.S.C.

§3729 (a)(2).

274.

The False Claims Act has been violated by the Defendant Manufacturers through

the fact that the Market Share Agreements resulted in Claims being made under Medicaid and

other health insurance programs that violated the Anti-Kickback Statute, and that such claims

were submitted to the government being certified as not having violated this and/or other federal

statutes.

275.

By virtue of the above-described acts, among others, Bristol Myers knowingly

caused to be made or used false records or statements to get false or fraudulent claims paid or

approved by the government, and possibly continues to cause false records or statements to get

false or fraudulent claims paid or approved, directly or indirectly, to officers, employees, or

agents of the United States, for Monopril, Abilify, and other drugs.

276.

By virtue of the above-described acts, among others, Janssen knowingly caused to

be made or used false records or statements to get false or fraudulent claims paid or approved by

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