Many of the health care systems outside the United States are government-run, and therefore interactions with medical professionals are subject to FCPA regulations. According to the Department of Justice (DOJ), “nearly every aspect of the approval, manufacture, import, export, pricing, sale and marketing of a drug product may involve a ‘foreign official’ within the meaning of FCPA.”
Many of the pharmaceutical firms that have settled allegations by the Securities and Exchange Commission (SEC) and the DOJ paid bribes to access new international markets or bribed medical professionals to increase the number of prescriptions.
Cases Involving FCPA Pharmaceutical Fraud
In recent years, a number of drug companies investigated by the SEC and DOJ have been subject to both civil and criminal penalties for kickbacks and improper payments to secure contracts and increase pharmaceutical prescribing. The following are several examples of recent FCPA settlements with the SEC and DOJ in the pharmaceutical industry, with total fines and penalties exceeding $622 million:
Despite a brief increase in scrutiny after the GSK settlement, the Chinese healthcare market still remains an area that is ripe with potential fraud.
How Whistleblowers Can Help
Employees at pharmaceutical companies may have information about fraudulent practices involving payments to foreign officials in exchange for pharmaceutical sales. These individuals may come forward and act as a whistleblower in order to stop fraud committed against the government and taxpayers. Whistleblowers are protected by federal law and can receive a monetary award for their help in identifying and prosecuting FCPA fraud. A whistleblower attorney can help navigate the process and ensure the rights of whistleblowers who come forward and do what’s right.
With over 30 years of experience, the attorneys on Baron & Budd’s whistleblower representation team have represented dozens of clients in government fraud cases returning over $5.4 billion to federal and state agencies, with whistleblower recovery shares as high as 49%. They are ready to help if you have evidence of an FCPA violation.
Please call (866) 401-5971 or complete our contact form if you would like more information. For more information, see What You Need to Know About Becoming a Whistleblower. Please understand that contacting us does not mean that you have established an attorney-client relationship with Baron & Budd, P.C.