Constantine Cannon Partner Marlene Koury Featured in LAW360 to Discuss DOJ Intervention in Compounding Pharmacy Kickback Case

In a recent feature on LAW360, Marlene Koury, a partner at Constantine Cannon, weighed in on the Department of Justice’s (DOJ) decision to intervene in the case of U.S. v. All Heart Pharmacy Inc. et al. This case, which centers around a Florida-based compounding pharmacy, highlights the DOJ’s intensified efforts to combat kickback schemes within the healthcare industry. 

Koury explained that the DOJ has high success rates in cases it intervenes in and noted the agency’s increased focus on kickback cases due to the high cost of such schemes to the healthcare system and the relative ease of evaluating evidence compared to other healthcare fraud cases.  

Koury explained that proving kickback cases is “usually pretty straightforward…[t]here’s not a lot of patient files you need to rifle through. With other healthcare cases, sometimes you need to go through mountains of patient data.” 

Compounded drugs, tailored to meet specific patient needs, often come with high costs, making them a target for fraudulent schemes. The intervention in the U.S. v. All Heart Pharmacy Inc. case exemplifies the DOJ’s commitment to protecting the healthcare system from fraud.  

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