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submission offalse claims for Lipitor, Aecupril and other drugs.

295.

By

effectuating

a

similar

PAL

letter

solicitation-for-kickback

scheme,

011ho

McNeil and Omnicare conspired to defraud the govemment by submitting false claims and

causing the submission of false claims for Levaquin, Ultram/Ultracet, and other drugs.

296.

By effectuating a similar PAL letter solicitation-for-kickback scheme, Janssen and

Omnicare conspired to defraud the government by submitting false claims and causing the

submission of false claims for Risperdal and other drugs.

297.

As a result of the claims for reimbursement defendants caused to be submitted to

Medicaid, which were certified compliant with federal and state Medicaid law and regulation as

a condition of payment by co-conspirator pharmacies, the government regularly made payments

to pharmacies for Defendant Manufacturers' illegally switched drugs.

  • 298.

    The amounts of the false or fraudulent claims to the government were material.

  • 299.

    Plaintiff United States, being unaware of the falsity of the claims and/or

statements caused to be made by the Defendant Manufacturers, and in reliance on the accuracy

thereof paid and may continue to pay for the Defendant Manufacturers' improperly switched

prescriptions.

All

nnlawful

conduct

described

above

may

have

continued

after

Lisitza's

termination with Omnicare.

300.

From

1998

to

the

date

of this

Complaint,

by

reason

of the

conduct

described

above, the government has been damaged in an amount that is believed to be in excess of $3.5

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

Omnicare's fraudulent practices extend throughout the country to states where government

reimbursement rates make such fraud lucrative for the Defendant Manufacturers; the amount of

total damages to the government exceeds $10 million.

76

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