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Crimes and Courts

Attorney General Moody Files Major Antitrust Action Against Generic Drug Companies

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TALLAHASSEE, Fla.—Attorney General Ashley Moody and 43 other attorneys general filed suit against Teva Pharmaceuticals USA, Inc. and 19 other generic drug manufacturers in federal district court in Connecticut for allegedly engaging in a broad conspiracy to reduce competition and restrain trade for more than 100 generic drugs. As a result of the alleged conspiracy, consumers and government purchasers in Florida, and elsewhere, paid more for generic drugs than they would have in a competitive market. The drugs at issue in the complaint account for billions of dollars of sales in the United States.

Attorney General Ashley Moody said, “Inflating and manipulating the pricing of essential drugs prescribed to those with chronic conditions is shameful. Routine health care can already be a burdensome cost for individuals, not to mention those suffering with life-altering and critical illnesses, and patients should not have to further worry about rising prescription drug costs of medicine they may desperately need. I am proud of my office for being one of the lead states in this ongoing investigation, and I hope this new complaint will help restore faith that drug pricing and our marketplace are both legal and fair.”

Rather than compete, the defendants allegedly chose to engage in a wide-ranging conspiracy to artificially maintain and increase prices for many drugs prescribed for and taken by Floridians to manage chronic conditions such as diabetes, arthritis, epilepsy, high blood pressure and high cholesterol, as well as medications used to treat various types of cancer, HIV, infections and depression.

Attorney General Moody is seeking damages on behalf of Florida consumers and public purchasers, as well as civil penalties and injunctive relief. By bringing this lawsuit, Attorney General Moody hopes to restore competition to the generic drug industry and provide Florida consumers with the lower costs that comes from a properly functioning competitive marketplace.

This complaint is the second filed as a result of the ongoing investigation in the generic drug industry being led by Florida, Connecticut and New York attorneys general offices. The initial complaint, filed in 2016, is pending in the United States District Court in the Eastern District of Pennsylvania. That complaint includes allegations of price fixing and market allocation in the generic drug industry for 15 drugs against 18 corporate and two individual defendants.

Attorney General Moody is joined in filing this complaint with the attorneys general of Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Puerto Rico.

To view the recent complaint, click here.

Crimes and Courts

Fake nursing diploma scheme in Florida; 25 arrested

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MIAMI (AP) — Federal authorities in Florida have charged 25 people with participating in a wire fraud scheme that created an illegal shortcut for aspiring nurses to get licensed and find employment.

Recently unsealed federal grand jury indictments allege the defendants took part in a scam that sold more than 7,600 fraudulent nursing degree diplomas from three Florida-based nursing schools, federal officials said during a news conference in Miami on Wednesday afternoon. Prosecutors said the scheme also involved transcripts from the nursing schools for people seeking licenses and jobs as registered nurses and licensed practical/vocational nurses. The defendants each face up to 20 years in prison.

“Not only is this a public safety concern, it also tarnishes the reputation of nurses who actually complete the demanding clinical and course work required to obtain their professional licenses and employment,” said U.S. Attorney for the Southern District of Florida Markenzy Lapointe.

Lapointe added that “a fraud scheme like this erodes public trust in our health care system.”

The fake diplomas and transcripts qualified those who purchased them to sit for the national nursing board exam. If they passed, they were able to obtain licenses and jobs in various states, prosecutors said.

The schools involved — Siena College, Palm Beach School of Nursing and Sacred Heart International Institute — are now closed.

Some of those who purchased degrees were from South Florida’s Haitian-American community, including some with legitimate LPN licenses who wanted to become registered nurses, the Miami Herald reported.

“Health care fraud is nothing new to South Florida, as many scammers see this as a way to earn easy, though illegal, money,“ acting Special Agent in Charge Chad Yarbrough said Wednesday.

He said it’s particularly disturbing that more than 7,600 people around the country obtained fake credentials and were potentially in critical health care roles treating patients.

The selling and purchasing of nursing diplomas and transcripts to “willing but unqualified individuals” is a crime that “potentially endangers the health and safety of patients and insults the honorable profession of nursing,” said Special Agent in Charge Omar Pérez Aybar. Pérez said investigators have not found, however, that any of the nurses caused harm to patients.

The students paid a total of $114 million for the fake degrees between 2016 and 2021, the newspaper reported. About 2,400 of the 7,600 students eventually passed their licensing exams — mainly in New York, federal officials said. Nurses certified in New York are allowed to practice in Florida and many other states.

Many of those people may lose their certification but likely won’t be criminally charged, federal officials said.

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Crimes and Courts

Statement from Andrew Warren Following Ruling

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TAMPA, FL (January 20, 2023) – Andrew Warren gave the statement below to reporters following today’s ruling where a federal judge said Governor Ron DeSantis’ suspension of Warren “violated the Florida Constitution” and was “a violation of the First Amendment.”

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The trial was a search for the truth, and over the past five months the truth has come out. The truth is that Gov. DeSantis abused his power and suspended me not in the pursuit of justice but in the pursuit of politics. The truth is that this suspension was never about the job that I did. As the judge wrote, quote, “The actual facts, whether Mr. Warren actually had any blanket non-prosecution policies, did not matter.’’

The suspension was always a political stunt, a cheap trick to add one more misleading line to the governor’s stump speech. The truth is, for the past six years I’ve been a pragmatic, forward-looking state attorney, both tough and smart on crime, representing my own vision of criminal justice and the purple county that I so proudly serve. But DeSantis and his enablers didn’t care about the truth. They didn’t care about our office’s success. They didn’t care about the safety of our community, and they didn’t care about the will of the voters. They cared about scoring political points through a political stunt. Period.

From the day I was suspended, I’ve said that the suspension was illegal. And although a judge said he couldn’t put me back into the office to which I was twice elected, a federal judge confirmed that the suspension was illegal. The judge concluded that the governor violated federal law and state law. He violated my First Amendment rights under the U.S. Constitution by suspending me for speaking out on issues of public importance. He violated my First Amendment rights by suspending me because I am a Democrat. He violated the Florida Constitution by suspending me not because I had done anything wrong but because my vision as state attorney doesn’t fit with his political agenda. As the judge wrote, and I quote, “The record includes not a hint of misconduct by Mr. Warren. The assertion that Mr. Warren neglected his duty or was incompetent is incorrect. This factual issue is not close.’’

From the beginning, I have said that this case was bigger than just me. The idea that a governor can break federal and state law to suspend an elected official should send shivers down the spine of anyone who cares about free speech, the integrity of our elections or the rule of law, three core principles on which our democracy is built. When the governor announced the suspension, he stood up and proclaimed that our government is a government of laws, not a government of men. I couldn’t agree more. The judge wrote, quote, “If the facts matter. the governor can simply rescind the suspension.’’

Let’s see if the governor actually believes in the rule of law. Let’s see if the governor actually is a man of his word. Let’s see what kind of man the governor actually is. The governor is supposed to represent all Floridians. And if he wants to represent all Americans, then this is a golden opportunity for him to show our country what kind of man he truly is. This is not over. Thank you.

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Crimes and Courts

FAMU Commencement Speaker John Morgan Inspires Graduates With Humor & Wisdom

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Florida A&M University Commencement Speaker Attorney John Morgan exhorted fall 2022 graduates with a mixture of humor and wisdom.

 

Addressing approximately 600 graduates from the University’s dozen colleges and schools in the Al Lawson Jr. Multipurpose Center on Friday evening, the founder of Morgan & Morgan shared time-honored aphorisms he hoped graduates would use as they made their way in the world.

 

“There’s a big difference in dreaming and living your dreams. My hope is that you get to live your dreams. Visionaries are a dime a dozen. The vision maker is the rarity; that is the person who lives their dreams,” said Morgan. “Living your dream is very hard. There are vision blockers who try to keep you still for many reasons. Some of our friends and relatives would rather a total stranger win the lottery than you.”

 

A native of Lexington, Kentucky, Morgan moved with his parents and siblings to Orlando, Florida, where he attended high school. After graduating, Morgan enrolled in the University of Florida (UF). He graduated from the UF College of Law in 1983. Five years later, he founded Morgan& Morgan with the mission to represent the people, not the powerful.

 

Without question, John Morgan has established himself as a preeminent legal leader and a friend of FAMU,” said President Larry Robinson, Ph.D., who awarded Morgan the President’s Award.

During his 20-minute speech, Morgan regaled the audience with the story about the 1975 Muhammad Ali versus Joe Frazier heavyweight championship boxing match, “the Thrilla in Manila” and the lessons each fighter learned.

 

“When things get tough along the way and you don’t think you can go another step, remember that story and answer the bell,” Morgan said referring to Ali’s historic victory. Having led a successful national law firm for more than three decades, Morgan reminded graduates of the need to set their priorities straight.

 

“Your future is whatever you decide to make it,” Morgan said. “When money guides you, you make less money. Greed is not good. Be driven by purpose and passion. If you love what you do, the work the hours will just breeze by.”

Failure can be helpful, Morgan reminded graduates. He cited the experience of failing to get a medical marijuana constitutional amendment on the first try with 58 percent of the vote, which was less than the two-thirds majority required for adoption. On the subsequent attempt, the measure garnered 72 percent of the vote. Morgan said he was inspired to push to legalize medical marijuana by the fate of his brother who was quadriplegic following an accident and endured years of debilitating pain.

 

“The lessons in a failed attempt are building blocks in your next adventure. In life, you need to accomplish success, but you must also seek significance. At the same time, failure can be your friend,” Morgan continued. “Go change the world; dare to be great; do good and do well; dream it and do it. Show up; be early; be great. Find purpose in your passion. And always answer the bell.”

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