What Do You Think About GlaxoSmithKline's $3 Billion Settlement?

 

Florida Qui Tam

Doesn't it just astound you how drug companies can continue to get busted on breaking the law and then pay mind-boggling, incredibly large fines and STILL have the capacity to break the law again?

Pretend you actually owned a drug company.  Even if it wasn't your drug company that was previously caught manipulating doctors, selling off label, and generally breaking any rule or regulation you wish, simply to drive sales - wouldn't another drug company's punishment be enough to scare you away from doing those same actions? Obviously the answer is a resounding NO. I continue to ask myself, how can this be?  This GSK $3 billion settlement proves to me that drug sales over time are so incredibly profitable that breaking the law and paying huge fines is of no consequence to the drug companies!   As a shareholder in large companies it would bother me tremendously to learn that our company is either acting illegally or unethically within the medical community.  

However, we see no shake-out in major shareholders from those drug companies. It will be interesting to see if any large shareholders pull out of GSK now that this settlement has been announced. Institutional shareholders make their decision as to whether to retain the stock of any investment solely based on the level of profit and return on investment over time. They will not consider the moral legal or ethical obligations they have to their shareholders to invest in only those stocks that play by the rules. 

So here is the lesson that we, the public, must learn about corporate behavior:  when thinking about corporate behavior, the only consideration is the bottom line!  There is no room in a corporation's behavior or in an institutional investment strategy for legal, moral or ethical obligations to be upheld unless those decisions negatively impact the profit.  Otherwise, if paying $3 billion makes you $27.5 billion then everyone is happy, right?

As the powerless muddled masses who look at the world around us, we need to support the only social system that protects us (normal, working class people) from them (powerful corporations who can pay $3 billion fines with a smile on their face).  The only weapon the average US Citizen has against the large corporate entity is the power of the jury trial. That is it! No other system keeps law breaking corporate entities in check. Obviously billion dollar fines don't scare them.  If we lose our right to go to court to redress our grievances we will lose our ability to protect ourselves and our loved ones from the profit-motivated amoral decisions of the large corporation. 

Something to think about!

Is Being a Whistleblower Taboo or the Right Thing To Do?

whistleblower lawyer/attorney florida scott haft

The definition of a whistleblower is an employee (NOT an independent contractor) who refuses to participate in a violation of a law, rule or regulation. How often has your employer asked you to do something that you knew was most likely a violation of some law because it just didn’t seem ethical? Well, the reality is, this type of unethical behavior has overcome corporate America in its attempt to either reduce its costs or increase its profits. If you are uncomfortable with doing something that you believe is wrong, the first thing you should do is write a simple letter to your supervisor telling him/her you feel the activity he/she is asking you to perform is illegal and that you will not do it. At this point, you receive protection under the Florida whistleblower statutes. By putting your concerns in writing, you prevent your bosses and supervisors from retaliating against you for not participating in these violations. However, you have a legal right to sue your employer if they fire or demote you after you put your concerns in writing to them.

If this has happened to you, or you are thinking about writing a letter to your boss, feel free to consult Attorney Scott Haft at LaBovick Law Group for a free case evaluation.

Federal Law Violations at Countrywide Home Loans and Bank of America

Florida Qui Tam

I have one question: When will the prosecutions start? What prosecutions? Financial institutions across America are filled with high ranking officials who all participated in creating a culture and system of defrauding the American public and crashing the American economy with false and fraudulent loans! Now the evidence is becoming overwhelming. Instead of giving banks bail-out money, we should have asked the government to give them one-way tickets to jail. Not all banks are bad, and not all bad loans are fraud. But the huge amount of loans were issued on fraudulent signatures and false reports, and those fraudulent activities were caused and perpetrated by bank officials who have yet to be called to justice for their misdeeds.

Last month Eileen Foster appeared on a national news show to discuss the numerous federal law violations, which occurred at Countrywide Home Loans while she worked there. Her testimony is proof that the financial debacle that went on at Countrywide and later Bank of America (BOA) was directly related to the fraud created by bank managers and workers to push through home loans. The show was "60 Minutes," and the link to that segment is below. "60 Minutes" is the most trustworthy news program ever produced in TV history. The fact that "60 Minutes" vetted Ms. Foster and found her to be credible and able to testify shows just how bad the corruption was at BOA and Countrywide Home Loans.

Factually, Foster worked at Countrywide starting in 2005 as a senior official. After being promoted a number of times she eventually landed in the position of Senior Fraud Risk Manager. This position put Foster as close to the epicenter of the financial collapse of the US Housing Market as anyone in history. That role allowed Foster access to data that literally detailed a mountain of evidence that corporate employees had forged signatures of clients and borrowers, and altered or simply created fake documents to prove up fake assets or income and push through poorly-placed loans for people who couldn't afford them, on property what was never worth the amount of the loan. The amount of evidence was shocking; the degree of total fraud that was being done to manipulate the bank's automated system of evaluating property value is scandalous as well.

After working in this role for a few months, Ms. Foster realized that the fraud was not local to her city but was being perpetrated across the United States. She found the same mind-blowing fraud in Miami, Las Vegas and Chicago. She then found it in San Diego, Los Angeles and Cincinnati. In other words, the fraud was being perpetrated across the entire business platform. It had become de-facto business as usual and was no longer even viewed as fraud - it was just business!

Ms. Foster figured out that the company was allowing the employee relations department (ER) and their lending managers to collude and not report fraud to the bank's normal internal reporting authority. This was being done to keep the fraudulent activity under wraps and allowed the loan officers to meet inflated closing productivity numbers, which became the norm at the bank. To keep the fraud going as long as possible, the company would allow management to retaliate against any employee who dared to question or "Whistleblow" on the banks fraud!

Prior to Countrywide merging with BOA, Ms. Foster filed a whistleblower complaint with the ER Division at Countrywide. Countrywide never told BOA about Ms. Foster's allegations. Instead they did just the opposite. Countrywide instructed their ER Department to investigate and bring a retaliatory action against Ms. Foster instead. Now that is turning justice on its head.

Once BOA took over, Ms. Foster hoped she was going to a more honest and better run company. BOA took foster in as a Senior Mortgage Fraud Investigator. She accepted that position. It was within that position that Ms. Foster finally learned that Countrywide was wrongfully investigating her. They were trying to use that investigation to cover her complaints and create a reason, outside of needing to get rid of a whistleblower, to terminate her employment with BOA. She found out that the company investigators were trying to bully Countrywide's staff into giving negative testimony against Ms. Foster. When BOA took over Countrywide's investigation of Foster, they decided to ignore the overwhelming evidence that the investigation was simple retaliation and instead they terminated her employment. They only did so after finding out that the US government regulators wanted to question her about Countrywide and BOA's suspicious actions and reporting.

It wasn't until Foster was terminated that she realized she needed to file a Sarbanes-Oxley Act (SOX) whistleblower complaint with the Occupational Safety & Health Administration (OSHA). She did so and challenged the termination. After a relatively short investigation, OSHA ruled on her complaint in September 2011. They found that Foster was the victim of whistleblower retaliation. They also found the retaliation was a violation of the Sarbanes Oxley employee protection guarantees. The Department of Labor wrote in the Order that Foster must be reinstated in her position. Further, BOA must pay her all her damages, including lost wages from the date of termination. Bank of America did not like this ruling, so they are challenging the OSHA ruling and requesting a hearing. We shall see what happens in the future.

Watch the "60 minutes" broadcast here.

Qui Tam & Whistleblower Cases - Two billion dollar days for the US Attorney in a row!

Two billion dollar days for the US Attorney in a row! On January 6, Johnson & Johnson settled a U.S. probe into their anti-psychotic drug, Risperdal, for $1,000,000,000! According to the Bloomberg news, J&J is going to resolve their long running dispute over Risperdal for a whopping $1 billion. This settlement should cover all the damages each individual state has against J&J as well as the US government’s federal claims. Given GlaxoSmithKlein just settled a claim for $3.2 billion, this settlement shouldn’t hurt J&J too badly. Johnson & Johnson is the largest health product company in the world. If Glaxo can pay $3 billion and that doesn’t count the civil claims against them for Avandia, certainly J&J is better off settling for $1 billion now. The civil settlement may not have included a possible plea deal against Johnson for criminal penalties! Now that is HARSH! They are going to pay $1 billion and STILL pay a criminal price for their allegedly illegal sales practices. The investigation against Risperdal has been going on since 2004. The allegation is that the company was “off label” marketing the drug. That means the drug was being marketed for uses that were not approved by the FDA.

In this case, the Whistleblowing Qui Tam Plaintiff could earn $150,000,000!

Interestingly, the civil cases against J&J for Risperdal have been varied, with two states finding for against the company while two other states found for the company. We will see how this settlement effects the pending civil litigation in the future.

Defective Drug Companies Brought to Justice

Florida Qui Tam

HEY WHISTLEBLOWERS! Are you interested in making a huge amount of money? I am betting there are plenty of drug company executives and sales people who are salivating at the possibility of turning their employer into the government for illegal marketing schemes. Over the past few years, the health and drug industry has been busted for multiple violations of federal law and paid huge money in Qui Tam whistleblower cases.

The numbers on some of the cases are staggering. In many health care provider cases, the payouts have been in the hundreds of millions of dollars to settle Qui Tam Whistleblower lawsuits. When this happens, the Whistleblower is entitled to between 15% and 30% of the total funds recovered by the government.

Recently, the mega drug maker GlaxoSmithKline agreed to pay $3 BILLION dollars to the Federal Government to avoid civil and criminal penalties which government prosecutors alleged were created when Glaxo orchestrated an illegal marketing scheme for a group of their most popular drugs. The allegations included ripping off the Medicaid social funds program and promoting off label use for the drugs. This is the largest settlement between a drug company and the government related to illegal marketing practices in US HISTORY! It certainly beats the pants off the 2009 settlement Pfizer paid of $2.3 billion.

This new agreement will close a long running chapter in Glaxo’s history. The US Attorney in Colorado and Massachusetts shared the investigation and prosecution of this mega case. The charges included off-label promotion of Wellbutrin a well known anti-depressant and included the Government’s investigation into the often mentioned defective diabetes drug, Avandia. You may remember Avandia being taken off the market last year by the FDA unless it was given as a drug of last report! This was because it was causing heart attacks instead of helping with diabetes, a somewhat consequential problem for Glaxo. Avandia was promoted as a safe drug when Glaxo knew that Avandia was causing heart attacks and strokes.

I am sure my Qui Tam clients are dreaming about being the Qui Tam Whistleblower’s in a $3 BILLION DOLLAR pay out case. Even at the statutory minimum payout of 15% the Whistleblower in this case should receive a nice check for $450,000,000.00!!! Now that is a good day at the office! The best part of it all is that a company that was breaking the law was brought to justice!

Happy Martin Luther King, Jr. Day 2010

Today, January 18th,  we celebrate the life and legacy of Dr. Martin Luther King, Jr., a man that sacrificed his life to ending inequality, and spreading a message of peace to the world. As one of the most prominent figures in the Civil Rights struggle of the mid-20th Century, Dr. King proved to everyday that change is possible, through peaceful and lawful means. We can all do something to make the world a better place.

As many valiant whistleblowers understand that it takes courage to stand up for something that is right and to make a difference.  As a firm that fights for the rights of our client's we are passionate about justice and fighting for the rights of others. 

Our firm's culture and philosophy, includes being committed to making a difference in our community. Many of our attorneys and staff members are actively involved in charitable organizations such as The Literacy Coalition for Palm Beach County, The Junior League of the Palm Beaches, Pace Center for Girls, The Quantum House, The Dori Slosberg Foundation,  and many others. It is the collective goal of our team at LaBovick & LaBovick, P.A. to give back to the community while likewise furthering the development of our society in general.

We also pride ourselves on the diversity of our team. At the core of our corporate culture is the understanding that diversity not only adds well-rounded knowledge, it adds cultural depth to the company that increases everyone’s level of acceptance. We are happy to say that our team reflects LaBovick & LaBovick, P.A.’s commitment to diversity, and we are blessed to have a multitude of talented professionals from various backgrounds.

As we celebrate the life and accomplishments of Dr. King today, let’s all take a moment to reflect on the impact his mission had on our society, its effect on the world in general. In so doing, we should also reflect upon our own lives and ask the question, how can we help make a difference in community? How can we can make a positive difference in the life of our neighbors? It only takes a dream to change the world, as Dr. King's vision has shown us all.