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Bayer Whistleblower’s Fraud Case Should End Now, DOJ Says

Feb. 20, 2019, 2:51 PM

The Justice Department says it properly invoked its “broad grant of authority” when it sought dismissal of a whistleblower’s False Claims Act suit against Bayer Corp. and other pharmaceutical companies.

The DOJ has broad discretion, after spending considerable time and resources, to conclude that the whistleblower’s suit lacks merit, it told the U.S. District Court for the Eastern District of Texas Feb. 19.

Whistleblower Health Choice Group accuses Bayer, Onyx Pharmaceuticals Inc., AmerisourceBergen Corp., and Lash Group of engaging in kickback schemes that defrauded Medicare and Medicaid.

The court must not second-guess the government’s investigation, conclusions, and policy...

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