3 ms·
You raise an important point, but the record shows that CMS was aware, and asked Mylan to stop doing this[1]. If your error is pointed out and you continue doin
by appleflaxen 10y ago
You raise an important point, but the record shows that CMS was aware, and asked Mylan to stop doing this[1]. If your error is pointed out and you continue doing it, that's certainly fraud, no?
1. http://www.cnbc.com/2016/10/05/mylan-accused-of-bilking-taxpayers-by-failing-to-pay-proper-epipen-rebates.html http://www.cnbc.com/2016/10/05/mylan-accused-of-bilking-taxp...
with the relevant paragraph:
> CMS "has, on multiple occasions, provided guidance to the industry and Mylan on the proper classification of drugs and has expressly told Mylan that the product is incorrectly classified," Slavitt wrote.
- rayiner 10y agoCompanies often have disputes with the government about the proper classification of something under a law. Just because the government agency states should an opinion doesn't make that a legally binding resolution of the dispute. Indeed, it's likely this settlement is happening because neither side wants to go to court and risk having the question decided against them.
- jsprogrammer 10y agoIf Mylan truly believes they did no wrong, they would say so and not settle. If the government believed the same, it would not be pursuing the case. Mylan made claims that were false. Edit: the alternative is that the $465M payment is a bribe
- nordsieck 10y agoThat's not true at all. People hedge their risk all the time. Do you think that every single person who takes a plea bargain is guilty of the crime they're charged with?
- jsprogrammer 10y agoThat is a different situation. Mylan says they did nothing wrong, but are transferring $465M anyway. In return, the government will no longer consider the matter in a lawful court. In a plea bargain, one admits to guilt.