US MS Patients - If you are Angry about Serono Labs Rebif MS Drug bribery "settlement", Here is what you can do

by Ccsvi USA on Friday, May 6, 2011 at 2:11pm

I am a former anti-corruption adviser and internal audit manager. I don't have MS, but started this CCSVIUSA Facebook page to share news on CCSVI treatments.

Is US Justice Blind in the Serono Case??When I read this week how the US Dept of Justice (DOJ) recently let Serono Labs off with a fine for bribery, money laundering and kickbacks to get doctors to recommend Rebif to MS patients, I was angry that NO ONE from SERONO, or the Doctors involved, were prosecuted and put in jail. I didn't read that the medical licenses for those doctors were revoked, either. Links to the DOJ press release and related articles are further below.

Here is a short CBSnews article on the case: http://www.cbsnews.com/8301-31727_162-20059847-10391695.html

I separately have written a blog on Corruption in Iraq and Afghanistan, and I am familiar with Federal Congressional Investigation Committees and how they work.

I called the Inspector General's Office of the US Dept. of Health & Human Services, and talked to a knowledgeable person - they were part of a team that assembled the facts, which then were given to the DOJ office in Maryland for prosecution. Prosecution is up to the US Attorney's office (410-209-4800 in Maryland). However, one sanction that CAN be applied by the IG's office is to add involved people (doctors, etc.) to an "Exclusion" list ( http://oig.hhs.gov/fraud/exclusions.asp ). The basis for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance Loans. If a person is on the exclusion list, which contains their social security number, they are excluded from being receiving any Federal HHS payment (like Medicare reimbursement) and other sanctions (see website). But, the list only affects Federally funded health payment systems. The IG also told me that for one of the first times, they are attempting to ADD the CEO and possibly some Serano officers to the list, but it may be fought in court.

- The OIG office also "extended" a prior "Corporate Integrity Agreement" which applies some sanctions to Serano. However, there already was one in place from the prior case, so I am researching that now, and will post updates to this CCSVIUSA page. I was told the updated Serano "Corporate Integrity Agreement" will be published on this page in about two weeks: http://oig.hhs.gov/fraud/cias.asp .

- I called the US Attorney's office in Maryland today (May 6, 2011) , and a representative, familiar with the case, would not comment on why there were NO PROSECUTIONS of the Serano leadership or the doctors who took the bribe. "There are many factors that lead to settlement agreements" I was told. So, that office is the one that decided not to prosecute, but only settle for a $41-million fine.

So, I am launching a campaign to increase political and investigative pressure on the Dept. of Justice (DOJ) to implement prosecutions and jailing of responsible individuals. Aren't you tired of corporations (and I have worked in some big ones) getting off with just fines? That would not happen if they had paid a foreign bribe subject to the Foreign Corrupt Practices Act. This situation is just like the housing financial scandals, where hardly anyone was prosecuted.

Update:

HERE is another Facebook Note describing relationships between Merck Serono and

https://www.facebook.com/notes/sief-hart/consortium-of-ms-centers-cmsc-ms-neurologist-bias-against-ccsvi/207725479259849

So, if you want to help ensure that the responsible people are actually prosecuted, and maybe prevent other MS drug companies from also bribing doctors, here is what to do:

- Like this CCSVIUSA Facebook page and monitor the wall plus this Note to see updates.

- In all communications, be sure to include the website of the DOJ press release: http://www.justice.gov/opa/pr/2011/May/11-civ-565.html

- Use the information below to contact your congressman and senator by email and phone to demand an investigation why no responsible Serono employee or the bribe recipients (doctors) were prosecuted or penalized, especially when Serono had a previous case where they paid a fine of $705-million. If your Congressman or Senator is on any type of investigation committee, ask them to have that committee hold hearings to investigate the matter.

- Visit the US Dept of Justice website and file a complaint about their lack of prosecution - see the main website at www.Justice.gov or try submitting a "health care fraud" complaint HERE: http://www.justice.gov/oig/FOIA/hotline.htm

- Visit the website of the US Dept. of Health & Human Services Inspector General ( http://oig.hhs.gov/organization/bio_levinson.asp ) to get information the Exclusion lists and pending Corporate Integrity Agreement. That is about all they can do. Apparently, they do not have independent authority to prosecute these cases, so the Dept. of Justice is the one to complain to.

- Contact your health insurance company fraud hotline and ask that they investigate and implement civil actions against Serono and the related Doctors for any Rebif claims that turned out to be unjustified.

- Contact your local press and ask them to write an article, especially if they can find local Doctors who were recipients of the bribes. Better yet, contact 60 Minutes or other news investigation shows. Demand that Serano leaders be prosecuted and jailed for this case.

- Post this on other blogs, forums or Facebook pages.

- If you actually were prescribed for Rebif and think there was no justification, or later diagnosis indicated it was not warranted, let me know.

Email sent to US Dept of Justice at aksdoj@usdoj.gov on May 6, 2011

I am a former internal auditor and anti-corruption investigator.

DOJ just issued a press release (Below) that described a money laundering and bribery case conducted by a pharmaceutical company that was fined $40-million, BUT NO ONE from the firm was prosecuted. As the second link article indicates, this was NOT THE FIRST TIME that firm was found to be involved in bribery.

I would like to talk to the case manager before I start a campaign to investigate this situation with Congressional investigation committees. The entire MS community is up in arms about this situation, and I would like “your side” of the story first. Don’t have a PIO call me, have the actual investigator call me.

Your press release:

http://www.justice.gov/opa/pr/2011/May/11-civ-565.html

Article describing how Serono Labs was involved in prior DOJ case where they were fined $705-million:

http://www.bnet.com/blog/drug-business/how-ms-drugs-are-promoted-8220we-have-a-whole-money-laundering-thing-going-on-8221/8217

On Tuesday, I start notifying Congressional investigation committees, and instructing members of major MS Patient associations to contact their congressman. This is criminal that no responsible individual was prosecuted for this blatant bribery system that affected thousands of MS patients.

I will also start notifying health insurance company investigators to review why there were no prosecutions, since it is clear they probably paid for Serono drugs that may not have been needed.

I also have a Facebook page: “CCSVIUSA”.

other, possible anti-CCSVI organizations:I found even more details on this case posted as a note on CCSVI in Multiple Sclerosis's page: https://www.facebook.com/note.php?note_id=10150175881622211&comments