by Marissel Descalzo | Oct 27, 2022 | AKS, Anti-Kickback, Department of Justice
I regularly represent health care providers, marketers, and health care organizations accused of or under investigation for health care fraud and violations of the anti-kickback statute. Recently, I represented the owner of a pharmacy. The owner was...
by Marissel Descalzo | Sep 20, 2022 | AKS
Andrew S. Feldman and I obtained a rare Rule29 judgment of acquittal on the one major count at trial alleging that the client participated in a wire fraud conspiracy. The wire fraud conspiracy related entirely to the client’s supposed involvement in a fraudulent...
by Marissel Descalzo | Apr 11, 2022 | AKS
In United States ex rel, Sheldon v. Allergan Sales, LLC, the relator claimed that defendant drug manufacturer had engaged in an allegedly fraudulent price reporting scheme under the Medicaid Drug Rebate Statute. Under the Rebate statute, drug manufacturers seeking to...
by Marissel Descalzo | Apr 6, 2022 | AKS
Discovery violations and delays might result in the dismissal of a indictment involving a $500 million fraud. This after the original indictment was dismissed without prejudice for similar issues. United States v. Morgan, et al, 18-cr-108; 21-cr-00032 (W.D.N.Y.). In...
by Marissel Descalzo | Apr 5, 2022 | AKS
One of the first Department of Justice criminal antitrust cases targeting agreements in the labor market started yesterday. The Indictment charges that DaVita (a kidney dialysis center) engaged in three agreements with competitors that prevented solicitation of each...
by Marissel Descalzo | Feb 25, 2022 | AKS
I have often discussed the trial penalty here. Individuals are too often punished for going to trial. It appears that individuals in the Varsity Blues case have received a trial penalty for going to trial. The topic was covered by Law360 HERE. The Varsity Blues...