This is another situation with the DOJ making ALLEGATIONS, and the settlement amount is based on Walgreens’ ability to pay. Maybe because all these ALLEGATIONS and settlements with DOJ and the PBMs’ low-balling reimbursements, Walgreens is most likely on the verge of declaring bankruptcy. 10-15 yrs ago Walgreens’ stock was worth ~100 billion, but they are in talks to sell the company to Sycamore Partners, a private equity firm, for ~ 10 billion.
The SCOTUS ruled in July 2024 https://www.pharmaciststeve.com/is-the-overturning-of-the-chevron-doctrine-a-good-or-bad-thing/ that federal agencies cannot create new interpretations of laws they are in charge of enforcing. It is also illegal for people/pts to obtain controlled substances under false pretenses, but there is nothing in this article of any of these people, who DOJ stated had illegal Rxs filled, being charged? What about all those illegal prescriptions? Walgreens didn’t fill them; their employee pharmacists filled them. I can’t count the number of pts that have told me that a chain pharmacist refused to fill a controlled med Rxs, and they filed a complaint with the chain HQ and were told, “We can’t force a Pharmacist to fill a Rx.”
Here is what perplexity.ai says about an allegation vs filing charges against someone/company. Maybe that is because it is a known fact that 90 – 95 %+ of people/companies taken to federal court will be found GUILTY!
An allegation by the Department of Justice (DOJ) that a company has violated a law is not the same as formally charging the company with violating that law.
An allegation is an assertion or claim that a company has engaged in illegal conduct. It is essentially an accusation, which may be made during the course of an investigation or in public statements, but it does not in itself initiate formal legal proceedings against the company
. The DOJ may make such allegations as part of a civil investigation, in a press release, or in correspondence with the company.
A charge, on the other hand, is a formal legal action. In the context of criminal law, this typically involves the filing of an indictment, information, or criminal complaint, which are official documents that initiate a criminal case and set out the specific laws the company is accused of violating
. Only after such a document is filed does the company face formal criminal prosecution. For civil matters, a charge may take the form of a lawsuit or civil complaint.
The process generally works as follows:
-
The DOJ (or another law enforcement agency) investigates and may make allegations based on evidence gathered.
-
If the DOJ believes there is sufficient evidence, it may proceed to formally charge the company, which involves filing official documents in court
In summary, an allegation is a claim or accusation, while a charge is a formal step in the legal process that brings the accused company into court to answer the alleged violation
Walgreens to Pay $300 Million in Unlawful Opioid Prescriptions Settlement
https://jamanetwork.com/journals/jama/fullarticle/2834868
Walgreens has agreed to pay the US government $300 million in a settlement of allegations that the pharmacy chain illegally filled millions of invalid prescriptions for opioids and other controlled substances, the Department of Justice (DOJ) announced.
The civil lawsuit against Walgreens and its subsidiaries, filed in January, alleges that the drugstore chain violated the Controlled Substances Act and False Claims Act by accepting invalid prescriptions and seeking payment for them from federal health care programs including Medicare. According to the complaint, pharmacists allegedly dispensed prescriptions despite “clear red flags”—including opioid prescriptions filled significantly early, in large quantities, and in regularly abused combinations—and faced pressure from the company to fill prescriptions quickly without taking time to ensure legality.
The settlement amount is based on Walgreens’ ability to pay, the DOJ stated. If the company is sold, merged, or transferred prior to 2032, it will owe the US an additional $50 million. On top of the monetary payments, Walgreens has entered into agreements with the Drug Enforcement Administration and the Department of Health and Human Services Office of Inspector General to ensure future compliance with laws regulating the distribution of controlled substances.
A similar lawsuit against pharmacy giant CVS is still pending.
Filed under: General Problems | 4 Comments »