U.S. Attorney Andrew E. Lelling, commented, “Astellas and Amgen conspired with two copay foundations to create funds that functioned almost exclusively to benefit patients taking” both pharmaceutical companies’ drugs.
“As a result, the companies’ payments to the foundations were not ‘donations,’ but rather were kickbacks that undermined the structure of the Medicare program and illegally subsidized the high costs of the companies’ drugs at the expense of American taxpayers. We will keep pursuing these cases until pharmaceutical companies stop engaging in this kind of behavior,” he added.