Hilda
Is not this what HHS requires anyway? They will just be
scrutinised/profiled more closely. It is almost never invoked but anything
involving public trust does make individual board members liable at least
civil level. Could be I have this wrong (I am no lawyer) but it was
heavily discussed in regards to a recent IND
Best
Amy
On 7/3/12 11:28 AM, "Bastian, Hilda (NIH/NLM/NCBI) [C]"
<[log in to unmask]> wrote:
>It wasn't only a civil fine with money being the only deterrent. It was
>also partly a fine for criminal offence, with additional consequences
>meant to be a deterrent for the next five years:
>
>"Moving forward, GSK will be subject to stringent requirements under its
>corporate integrity agreement with HHS-OIG; this agreement is designed to
>increase accountability and transparency and prevent future fraud and
>abuse.
>³Our five-year integrity agreement with GlaxoSmithKline requires
>individual accountability of its board and executives,² said Daniel R.
>Levinson, Inspector General of the U.S. Department of Health and Human
>Services. ³For example, company executives may have to forfeit annual
>bonuses if they or their subordinates engage in significant misconduct,
>and sales agents are now being paid based on quality of service rather
>than sales targets.²
>
>
>
>
>
>
>
>
>
>
>http://www.justice.gov/opa/pr/2012/July/12-civ-842.html
>
>Hilda
>
>
>From: <Poses>, Roy <[log in to unmask]<mailto:[log in to unmask]>>
>Reply-To: "Poses, Roy" <[log in to unmask]<mailto:[log in to unmask]>>
>To:
>"[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAI
>L.AC.UK>"
><[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAI
>L.AC.UK>>
>Subject: Re: GlaxoSmithKline to pay $3B in largest healthcare fraud
>settlement in US history
>
>Remember that the $3 billion payment is delayed many years since the
>events that generated it, and hence discounted.
>
>Remember that the $3 billion will come ultimately from all stock holders,
>all employees, and from customers (patients) and tax-payers.
>
>The money will not come from the people who most benefited from the
>various scams in question, in particular the top executives whose
>bonuses, stock options, etc were driven by the short-term revenue
>generated, and their cronies and helpers in marketing, PR, etc. Also, so
>far the money will not come from the academics and health care
>professionals who took money from GSK as key opinion leaders,
>"investigators" of the corrupted studies, etc, and from the university
>leaders whose compensation was boosted by the grants they brought in.
>
>As long as no individuals suffer any major negative consequences, do not
>expect even a $3 billion settlement to deter future bad behavior.
>
>As Charles Ferguson said when he accepted the Oscar for "Inside Job," no
>one has gone to jail (then referring to the US finance sector).
>
>See on Health Care Renewal:
>
>http://hcrenewal.blogspot.com/search/label/legal%20settlements
>
>http://hcrenewal.blogspot.com/search/label/executive%20compensation
>
>On Tue, Jul 3, 2012 at 10:30 AM, Klim McPherson
><[log in to unmask]<mailto:[log in to unmask]>>
>wrote:
>It looks like $3B might have been most of the profit though. And their
>days as free agents of callous exploitation are surely numbered bankers
>too?
>
>Klim
>
>
>Klim McPherson MA Phd FFPH FMedSci
>Visiting Professor of Public Health Epidemiology
>Nuffield Dept Obstetrics & Gynaecology
>Emeritus Fellow of New College
>University of Oxford
>Mobile 07711335993
>
>
>
>
>
>From: Tom Jefferson
><[log in to unmask]<mailto:[log in to unmask]>>
>Reply-To: Tom Jefferson
><[log in to unmask]<mailto:[log in to unmask]>>
>Date: Tuesday, 3 July 2012 15:21
>To:
>"[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAI
>L.AC.UK>"
><[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAI
>L.AC.UK>>
>
>Subject: Re: GlaxoSmithKline to pay $3B in largest healthcare fraud
>settlement in US history
>
>The only deterrent for these folk are jail and confiscation of bank
>accounts, property and other assets including pensions.
>
>On 3 July 2012 16:18, Penny S Reynolds/FS/VCU
><[log in to unmask]<mailto:[log in to unmask]>> wrote:
>To put the settlement into its financial perspective, Katie Smith of the
>New York Times stated on thePBS Newshour that the combined sales of
>Avandia, Paxil and Wellbutrin totaled approximately $26 billion over the
>settlement period. So will a $3B fine be much of a deterrent to this
>sort of irresponsible behaviour?
>
>
>
>
>
>bw
>Penny S Reynolds
>
>The world presents enough problems if you believe it to be a world of law
>and order, do not add to them by believing it to be a world of miracles.
>Louis D. Brandeis
>
>-----"Evidence based health (EBH)"
><[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAI
>L.AC.UK>> wrote: -----
>To:
>[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAIL
>.AC.UK>
>From: "Lehman, Richard"
>Sent by: "Evidence based health (EBH)"
>Date: 07/03/2012 09:14
>Subject: Re: GlaxoSmithKline to pay $3B in largest healthcare fraud
>settlement in US history
>
>
>Couldn't agree more. GSK are now trying to clean up their image by
>supporting the priniciple of open data sharing in the future, but firms
>caught doing the things they have should be made to disclose their entire
>retrospective research databases for independent scrutiny at their own
>cost, as well as being made open to the prosecution of individuals
>involved in fraud/false marketing/data concealment.
>
>It is shameful that settlements like this can be part of a business plan
>to amass huge profits while knowingly harming patients. As yet there is
>nothing concrete in place to deter similar behaviour in the future.
>
>Richard
>________________________________
>From: Evidence based health (EBH)
>[[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAI
>L.AC.UK>] on behalf of Paul Elias
>[[log in to unmask]<mailto:[log in to unmask]>]
>Sent: Tuesday, July 03, 2012 9:03 AM
>To:
>[log in to unmask]<mailto:EVIDENCE-BASED-HEALTH@JISCMAIL
>.AC.UK>
>Subject: GlaxoSmithKline to pay $3B in largest healthcare fraud
>settlement in US history
>
>Once again, the good, the bad, the ugly about big pharma...for this, I
>can only see the bad and ugly, nothing good about this. this was all
>greed and complicity. Last week it was Pfizer and the Celebrex deceit and
>witholding of safety clinical data, now Glaxo...
>
>
>
>
>http://ca.finance.yahoo.com/news/record-settlement-glaxosmithkline-plead-g
>uilty-pay-3b-illicit-192857575--finance.html
>
>
>Best,
>
>Paul E. Alexander
>
>
>
>
>
>
>
>
>--
>Dr Tom Jefferson
>www.attentiallebufale.it<http://www.attentiallebufale.it>
>
>
>
>
>--
>Roy M. Poses MD FACP
>President
>Foundation for Integrity and Responsibility in Medicine (FIRM)
>[log in to unmask]<mailto:[log in to unmask]>
>Clinical Associate Professor of Medicine
>Alpert Medical School, Brown University
>[log in to unmask]<mailto:[log in to unmask]>
>
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