Opioid manufacturer Purdue Pharma sentenced for fraud and kickback conspiracies

Opioid manufacturer Purdue Pharma LP (Purdue) was sentenced on Tuesday in federal court in Newark, New Jersey, and ordered to pay criminal penalties of over $5 billion for its role in fueling the opioid epidemic.

“Purdue Pharma put profits over patient health and safety,” said Acting Attorney General Todd Blanche. “The company willfully rejected the law and ignored the diversion of their highly addictive prescription drugs. Their actions contributed to the opioid crisis that claimed countless lives and destroyed entire families and communities. Today's sentence is a prime example of the Department’s effort to redress past wrongs by rooting out and punishing unlawful conduct by companies that have contributed to the national crisis.” 

“The opioid epidemic in the United States is a plague that has ruined lives and destroyed families,” said FBI Director Kash Patel. “Purdue Pharma complicitly contributed to this national epidemic in the name of their own greed by blatantly ignoring the health and safety of patients putting countless lives at risk. The FBI and our DOJ partners will always work tirelessly to ensure that companies, like Pharma, pay for the harm they have inflicted and warn others that they will not get away with violating the law for personal gain.”

According to court documents, from 2007 and 2017, Purdue illegally marketed its opioid products to hundreds of prescribers the company had good reason to believe were prescribing these addictive drugs without a legitimate medical purpose.

Purdue defrauded the DEA by misrepresenting the effectiveness of its programs designed to prevent illegal diversion, and used prescriptions written by problematic prescribers to justify its fraudulent requests to the DEA to increase the amount of its products it was permitted to manufacture.

In order to induce doctors to prescribe more of its addictive opioid products, Purdue also paid kickbacks to prescribers through its doctor speaker program and to an electronic health record platform.

The court ordered Purdue to pay a criminal fine of $3.544 billion, which will be assessed in connection with the bankruptcy proceedings, and an additional $2 billion in criminal forfeiture. The Department will credit up to $1.775 billion against the $2 billion forfeiture amount based on the value conferred to state, local, and tribal governments through Purdue’s bankruptcy if Purdue ceases to operate in its current form and emerges from bankruptcy as a public benefit company (PBC) or entity with a similar mission designed for the benefit of the American public. The proceeds of the PBC will be directed toward state and local opioid abatement programs. In addition, Purdue is required to host a public document repository containing documents relating to the criminal charges.

On Nov. 24, 2020, Purdue pleaded guilty to a three-count felony information charging it with one count of a dual-object conspiracy to defraud the United States and to violate the Food, Drug, and Cosmetic Act, and two counts of conspiracy to violate the Federal Anti-Kickback Statute.