Claris Law Legal Blogging Community

Name:

E-mail:

Phone Number:

Zip Code:

Your Question:

Editor: Mike Bothwell
Profession: Qui Tam Attorney

Category: Qui Tam Legal News

The New York Times is reporting that the former commissioner of the Food and Drug Administration, Dr. Lester M. Crawford, is being investigated by a federal grand jury.

By far the largest False Claims Act qui tam settlements recently have been against apparently under regulated drug companies ripping off the federal government. I never understood Dr. Crawford's appointment to head the FDA, which concern seemed vindicated when he stepped down less than three months after being confirmed. However, it appears from the NYT article that there are serious allegations about his financial dealings with companies regulated by the FDA while he was in a position of power with the FDA. The investigation was apparently disclosed when Dr. Crawford's attorney said she would instruct her client to plead the fifth in an unrelated civil deposition.

Government agencies, like the FDA, can protect companies who commit fraud on the government. Part of the genius of the qui tam provisions of the FCA is that the federal fisc can still be protected--even where government employees charged with that task fall short.