Whistleblower News From The Inside -- August 7, 2015

By the C|C Whistleblower Lawyer Team

Pharma company’s First Amendment rights trump the FDA’s marketing rules – A judge in the Southern District of New York issued a preliminary injunction allowing Amarin Pharma Inc. to make truthful statements about its omega-3 drug, Vascepa, even if they pertain to off-label use of the drug.  Reuters

New SEC whistleblower rule published – The SEC has issued a new rule for its whistleblower program, clarifying that whistleblowers can be protected against retaliation even if they do not follow the program’s complaint filing procedures.  Federal Register

Pharmacy owner charged with Medicare fraud – Tamara Esponda, owner of Biomax Pharmacy Inc. in Miami, has been charged with illegally using Medicare beneficiaries’ information to bill Medicare $1.6 million for drugs that were not actually purchased.  DOJ

Chicago area health care executive hit with criminal charges – Henry Smilie, CEO of Home Physician Services, has been charged with running a million dollar Medicare fraud scheme thanks to the work of an undercover informant.  Chicago Tribune