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White Collar + Fraud + Investigations + Compliance
Recently, the DOJ announced that Biogen agreed to pay $900 Million to settle a declined qui tam case. Relator and former Biogen employee, Michael Bawduniak, alleged that Biogen paid kickbacks to physicians in the form of speaker honoraria, speaker training fees, consulting fees and meals, to induce them to prescribe certain drugs in violation of the Anti-Kickback Statute.
This is a great example of how declination by the Department doesn’t necessarily doom the case. Even in situations when the Department has declined to intervene, that case may still go forward. Companies in this situation should realistically weigh the litigation risks when facing this type of suit.
A link to the press release announcing the settlement is provided below.
Biogen Inc. Agrees to Pay $900 Million to Settle Allegations Related to Improper Physician Payments
Partner|Denise Barnes is a former U.S. Department of Justice (“DOJ”) Trial Attorney who focuses her practice on compliance, white collar and regulatory investigations, and complex commercial litigation. She represents clients in ...