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Nixon Peabody Successfully Defends TAP Pharmaceutical Employee in Major Drug Kick-Back Case7/16/2004 Boston—Nixon Peabody LLP has successfully defended one of the eight current and former employees of TAP Pharmaceutical Products who were acquitted of engaging in kickback schemes with doctors and hospitals. A jury in the U.S. District Court in Boston rejected the federal prosecutors’ charge of conspiracy to violate the federal antikickback statute, finding that the employees acted lawfully in connection with the sale and marketing of company drug products. Boston-based partners Rob Sherman and Bob Kirby and associate Marisa Jaffe represented Donna Tom, a TAP district manager, during the three-month trial. Prosecutors had alleged that the defendants had defrauded the government of millions of dollars by bribing doctors and hospitals by giving incentives such as cash, free drugs, and trips to resorts. “The federal government and health care task force have been aggressively pursuing companies and individuals in connection with allegedly fraudulent pharmaceutical product marketing activities,” said Sherman. “This is one of the first cases in which individuals put the government to the test. The acquittals demonstrate that the government was overreaching when it sought criminal penalties against individual employees of this company. Hopefully, this case will send a message about future prosecutions of this nature.” |
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