Opioid Manufacturer Insys Therapeutics Agrees to Enter $225 Million Global Resolution of Criminal
Opioid Manufacturer Insys Therapeutics Agrees to Enter $225 Million Global Resolution of Criminal and Civil Investigations
LOS ANGELES Opioid manufacturer Insys Therapeutics agreed to a global resolution to settle the governments separate criminal and civil investigations, the Department of Justice announced today.
As part of the civil resolution, Insys agreed to pay $195 million to settle allegations that it violated the False Claims Act. As part of the criminal resolution, Insys will enter into a deferred prosecution agreement with the government, Insyss operating subsidiary will plead guilty to five counts of mail fraud, and the company will pay a $2 million fine and $28 million in forfeiture.
Both the criminal and civil investigations stemmed from Insyss payment of kickbacks and other unlawful marketing practices in connection with the marketing of Subsys. Insyss drug Subsys is a sublingual fentanyl spray, a powerful, but highly addictive, opioid painkiller. In 2012, Subsys was approved by the Food and Drug Administration for the treatment of persistent breakthrough pain in adult cancer patients who are already receiving, and tolerant to, around-the-clock opioid therapy.
In April 2018, the United States intervened in five qui tam lawsuits accusing Insys of violating the False Claims Act. In its complaint, the United States alleged that Insys, headquartered in Arizona, paid kickbacks to induce physicians and nurse practitioners to prescribe Subsys for their patients. Many of these kickbacks took the form of speaker program payments for speeches to physicians that were, in fact, shams; jobs for the prescribers relatives and friends; and lavish meals and entertainment. The United States also alleged that Insys improperly encouraged physicians to prescribe Subsys for patients who did not have cancer, and lied to insurers about patients diagnoses in order to obtain reimbursement for Subsys prescriptions that had been written for Medicare and TRICARE beneficiaries.
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https://www.justice.gov/usao-cdca/pr/opioid-manufacturer-insys-therapeutics-agrees-enter-225-million-global-resolution