Drug marketing felonies lead FDA prosecutions
He indicated that advertising and marketing of drugs and medical devices represent the most frequent subjects of criminal investigation. He said the rise in criminal cases is related to the fact that federal Medicare/Medicaid programs are paying for a larger percentage of the costs.
Another important “driver” is related to increased reports by “whistle blowers,” or qui tam cases brought under the False Claims Act, Thirolf said.
The HHS reported that whistleblowers filing these suits were awarded $136,756,946 in 2005, up significantly from the $82,867,287 in 2004.