Why aren't they being charged under RICO

Bristol Settles Drug Marketing Probe
Source: Associated Press/AP Online
Publication date: 2007-09-28


By DENISE LAVOIE
BOSTON - Bristol-Myers Squibb Co. and a subsidiary have agreed to pay more than $515 million to settle federal and state investigations into their drug marketing and pricing practices, U.S. Attorney Michael Sullivan announced Friday.

Government investigators alleged that Bristol-Myers Squibb paid illegal remuneration from 2000 to 2003 in the form of consulting fees to induce doctors and other health care providers to buy the company's drugs.

Investigators also claimed that from 2002 to 2005, the New York-based drugmaker promoted the sale of Abilify, an anti-psychotic drug, for pediatric use and to treat dementia-related psychoses. Neither use is approved by the Food and Drug Administration

Abilify is used to treat bipolar disorder and schizophrenia.

In the second quarter, the company reported $412 million in sales of Abilify, a 27 percent increase from a year earlier.

Bristol-Myers announced in December that it had tentatively agreed with the U.S. Attorney's Office in Boston to settle an investigation into its marketing activities. At that time, the company did not disclose which drugs were involved.

Besides Abilify, Bristol-Myers Squibb makes Plavix, a blood thinner that is the company's top-selling drug, and Pravachol, a cholesterol-lowering drug.

The settlement with Bristol-Myers Squibb is the latest in a series of settlements the Justice Department has reached with pharmaceutical companies over illegal marketing of their drugs. Sullivan's office has been particularly aggressive in prosecuting health care fraud cases.

Earlier this year, Schering Sales Corp. and its parent company, Schering-Plough Corp., agreed to pay $435 million to settle allegations it lied to the government about drug prices and illegal promoted the drugs Temodar and Intron A for the treatment of cancers they were not approved for by the FDA.

In 2004, Pfizer Inc. paid $430 million in fines to settle allegations it marketed the epilepsy drug Neurontin for pain and psychiatric illnesses.

In 2001, TAP Pharmaceutical Products paid $875 million to settle allegations it inflated prices and bribed doctors to prescribe its prostate cancer drug Lupron.

Bristol-Myers shares fell 9 cents to $28.92 in afternoon trading Friday.

Publication date: 2007-09-28

Do you wonder why health care is out of control?

Like Coolidge said, the business of America is business. Bristol Myers shares only dropped 9 cents because what they make in two quarters on this killer drug is less than the entire federal fine. Shareholders know their company won't be held accountable for anything they do.

chump change fines.... those are decent sized.

It's not like the fine comcast 25k for violating some FCC law thing I saw here last week. Half a billion dollars (assuming they are forced to pay it) is not insignificant at all.

The question is... are they being enforced after the fine. Or drug out (no pun intended) for 20 years with attempts at getting them thrown out like the exxon valdez fines? Anyone know? Are they actually paying?