Additionally, in a further effort to influence doctors to prescribe Xgeva, Amgen provided cash payments characterized as honoraria to oncologists and urologists for participating in audience response sessions, data market research surveys, and “treatment trends” advisory board programs which touted the benefits of Xgeva. Marcus v. Hess, 317 U.S. 537, 549 (1943). The other day I was reading things online – like I tend to do – when suddenly I saw this title that read, “Teen Marijuana Use May Increase Adult Insomnia” or some drivel like that. Photograph: Jessica Hill/AP, Capitalism gone wrong: how big pharma created America's opioid carnage. 74See, e.g., U.S. v. Greber, 760 F.2d 68, 72 (3rd Cir. 28Scott A. Weltz, Christoper S. Girod & Susan K. Hart, 2015 Milliman Index, Milliman (Dec. 22, 2015, 9:15 PM), Massive, unexpected drug price increases are happening all the time, Quartz (Oct. 1, 2015), § 1962 (1988), (providing for forfeiture of the “racketeers’ “ interest in the enterprise along with a 20-year sentence for the violation of any of the RICO subsections); 18 U.S.C. The AWP reported by TAP was significantly higher than the average sales price TAP offered physicians and other customers for the drug. AstraZeneca*; $520 million; off-label promotion of Seroquel; illegal kick-backs; settled in April 2010 (Pharmaceutical Giant AstraZeneca to Pay $520 Million for Off-label Drug Marketing, Dep’t of Justice (Apr. 121Id. 4United States v. Neifert-White Co., 390 U.S. 228 (1968). 42See Mut. Sanofi-Aventis; $109 million; illegal kick-backs; lowering of effective price of Hyalgan; settled in December 2012 (Sanofi US Agrees to Pay $109 Million to Resolve False Claims Act Allegations of Free Product Kickbacks to Physicians, Dep’t of Justice (Dec. 19, 2012), 2012) (arguing that Caronia was never found to have conspired to place false or deficient labeling on a drug). Preventing disease is also really hard. 12Office of Inspector Gen. et al., Practical Guidance for Health Care Governing Boards on Compliance Oversight, (April 20, 2015),; see also Office of Inspector Gen. et al., Compliance Program Guidance for Pharmaceutical Manufacturers, (April 2003), pharmacymfgnonfr.pdf. These contractors often rely on industry paid doctors for guidance, as their conflicts of interest policies do not proscribe industry relationships. They included a 2009 email sent by Mallincrodt’s national account manager, Victor Borelli, to notify Steve Cochrane, a sales executive at a drug distributor, KeySource Medical, that a shipment of oxycodone tablets was on its way. CIAs typically include provisions relating to the OIG’s right to inspect and audit the company and its compliance records. It behooves us to ask questions. Kos Pharmaceuticals; $41 million; off-label promotion of Advicor and Niaspan; settled in December 2010 (Kos Pharmaceuticals to Pay More Than $41 Million to Resolve Kickback and Off-Label Promotion Allegations, Dep’t of Justice (Dec. 7, 2010), Rapamune is an immunosuppressive drug that prevents the body’s immune system from rejecting a transplanted organ. According to the Institute of Medicine of the National Academies, there are around 100 million Americans who suffer from pre-approved conditions requiring cannabis as medicine. Allergan*; $600 million; off-label promotion of Botox; settled in September 2010 (Allergan Agrees to Plead Guilty and Pay $600 Million to Resolve Allegations of Off-Label Promotion of Botox®, Dep’t of Justice (Sept. 1, 2010), This would seem to suggest that the CIAs are not particularly effective, at least with some of the major pharmaceutical companies. 35David H. Howard, Peter B. Bach, Ernst R. Berndt, & Rena M. Conti, Pricing in the Market for Anticancer Drugs, J. Econ.

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