the false records and statement were made to the government, and the jointly-funded Medicaid
Program was deprived of the much-needed appropriate Rebate payments result of the Defendant
Manufacturers' intentionally inaccurate quarterly reporting of best price.
Other federally funded healthcare such as FSS and PHS entities were also harmed
by Defendant Manufacturers' concealment of their true best prices.
Manufacturers, the United States has suffered damages and therefore is entitled to multiple
damages under the False Claims Act, to be determined at trial, plus a civil penalty of $5,500 to
$11,000 for each such false statement made or used by the Defendant Manufacturers.
above, the government has been damaged in an amount that is believed to be in excess of $3.5
million from Omnicare's northern lllinois facilities alone. As the Defendant Manufacturers'
fraudulent practices extend throughout the country in states where government reimbursement
rates make such fraud lucrative for the Defendant Manufacturers; the amount of total damages to
the government exceeds $10 million.
COUNT IV Conspiracy to Submit False Claims 31 U.S.c. §3729(a)(3) (Against All Defendants)
Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.
By effectuating the PAL letter solicitation-for-kickback scheme detailed herein,
Bristol Myers and Omnicare conspired to defraud the government by submitting false claims and
causing the submission of false claims for Monopril, Abilify, and other drugs.
By effectuating a similar PAL letter solicitation-for-kickback scheme, Pfizer and
Omnicare conspired to defraud the government by submitting false claims and causing the