PsychRights: Using the Fraud Laws

Using the Fraud Laws

by Barry S. Turner

The FDA is part of the executive branch of the US Government and therefore any filing of reports where critically important data is wilfully omitted is an offence under this code.

Obviously concealing dangerous side effects in order to protect sales is a willfully misleading act and under this code is by section 1001 (a) at subsection (1) a crime. The actions of Eli Lilly over Zyprexa are prima facie fraudulent under this US Criminal Code.

Any drug company that engages in a course of action that involves withholding prescribing data (ADR’s) from physicians and patients alike is committing this crime. Any drug company that is encouraging its sales force to avoid conversations with doctors about ADR’s is committing this crime. Any drug company that deliberately plays down side effects and ADR’s is prima facie fraudulent.

Any drug company avoiding proper consultation on ADR’s and side effects that are clearly paramount in prescribing practice is committing the offence by wilful blindness.

Any drug company encouraging the deliberate overdosing with unnecessary amounts of a drug are making fraudulent claims for payment. Where these claims are made against State or Federal budgets these are issues for the criminal courts.

United States Code: 18 USC 1001- FRAUD AND FALSE STATEMENTS

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 47--FRAUD AND FALSE STATEMENTS

Sec. 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully--

(1) Falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) Makes any materially false, fictitious, or fraudulent
statement or representation; or

(3) Makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title or imprisoned not more than 5 years, or both.

(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any
office or officer within the legislative branch; or

(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.