Gabe's Guide » Pharma

FCPA: Devicemakers Dastardly Deeds to be Discovered

Gabe Acevedo — Mon, 04 Jan 2010 23:07:16 +0000

Unfortunately, you have to subscribe to read the rest of this post, but I wanted to go ahead and post the teaser blurb>

Devicemakers may face an increase in indictments as the Justice Department zeroes in on Foreign Corrupt Practices Act (FCPA) violations. Justice’s FCPA and healthcare fraud units are beginning to work together to investigate FCPA violations in the device and pharmaceutical industries, Lanny Breuer, Justice assistant attorney general, said at the Pharmaceutical Regulatory and Compliance Congress. He noted that Justice is working more closely with the SEC, and international cooperation and information sharing is increasing as well…

FCPA/Pharma: Another Article on DOJ Enforcement, Same Sad Conclusion for Pharmaceuticals

Gabe Acevedo — Fri, 20 Nov 2009 18:30:21 +0000

R. Christopher Cook and Stephanie Connor Jones Day provide some more insight into an article I had posted about earlier regarding the DOJ’s renewed interest in going after pharmaceuticals fro FCPA violations. Note you do have to register to get this article, but it takes less than two minutes, and they very rarely spam your email account.

From Mondaq.com:

Enforcement of the Foreign Corrupt Practices Act (“FCPA”) continued to grow last week. On Thursday, November 12, a senior Department of Justice (“DOJ”) official predicted increased scrutiny of the pharmaceutical industry under the FCPA. A day later, prosecutors obtained a 13-year sentence for a former U.S. Congressman convicted of conspiring to violate the law. These and other developments highlight important questions regarding the standard by which knowledge under the FCPA will be measured. If the DOJ continues to take the position that a mere failure to investigate possible bribery can give rise to FCPA liability, then businesses will face heightened risks in their overseas operations…

FCPA: Pharmaceutical Executives Soon to be Taking Anti-Depressants

Gabe Acevedo — Fri, 13 Nov 2009 00:20:30 +0000

From the Blog of the Legal Times:

The Justice Department is planning to focus more criminal enforcement against the pharmaceutical industry’s interaction with foreign officials, the head of the department’s Criminal Division warned today.

Assistant Attorney General Lanny Breuer, addressing the 10th Annual Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum, said the application of the Foreign Corrupt Practices Act to the pharmaceutical industry will be pushed “in the months and years ahead.” He noted the depth of government involvement in foreign health care systems and said it creates a “significant risk that corrupt payments will infect the process…”