This case involves a pharmaceutical company that allegedly marketed a drug for off-label uses. The company was involved in a kickback scheme in which physicians were being paid to prescribe the drug. Several executives at the company were hired with a history of fraud and off-label marketing. No concerns were raised by the compliance officers as to the hiring of executives with past claims of fraud or to the off-label marketing scheme. As such, this scheme continued for several years. An expert in Corporate Compliance was sought to discuss appropriate hiring practices for a pharmaceutical company.
Question(s) For Expert Witness
- 1. Please briefly describe your experience in corporate compliance as it pertains to pharmaceutical companies?
- 2. Could you speak to the appropriate practices when hiring executives?
Expert Witness Response E-111445
I have over 20 years in executive management roles including CAO, HR, and compliance at healthcare companies. I previously served as Chief Compliance and Ethics Officer for a $100 billion pharmaceutical distribution business segment. In this role, I was responsible for appropriate hiring practices and background checks, which included implementing measures to prevent hiring any employees that might have previously been engaged in any type of fraud. Another part of my role was to negotiate with clients to ensure they were enforcing ethical business practices. I reviewed their corporate integrity policies because as a distributor, you do not want to be named in association to any sort of fraud. Due to this role and relationship with my pharmaceutical manufacturer clients, I am very familiar with what hiring practices they need to enforce to ensure they are not hiring anyone who has been engaged in fraud or off-label marketing. I was also involved in adherence/patient education programs that I launched with the pharmaceutical manufacturers and pharmacies. As a secondary in the distribution chain, I am very familiar with ethical marketing in the pharmaceutical industry.