Olympus Paying $646 Million to Settle Kickback Charges
The Justice Department says that Olympus Corp. of the Americas, the nation’s largest distributor of endoscopes and related equipment, will pay $623.2 million to resolve criminal charges and civil claims relating to a scheme to pay kickbacks to doctors and hospitals. A company subsidiary also will pay $22.8 million to resolve criminal charges relating to the Foreign Corrupt Practices Act in Latin America.
A department news release says that a criminal complaint filed in New Jersey federal court charged the company with conspiracy to violate the anti-kickback statute. Olympus has entered into a three-year deferred prosecution agreement that will allow it to avoid conviction if it complies with reform and compliance provisions in the agreement, the department says.
The release says that the payment of $312.4 million in a criminal penalty and an additional $310.8 million to settle civil claims is the largest total amount paid in U.S./ history for medical device company violations of the anti-kickback statute.
The civil settlement resolves a whistleblower suit filed by the company’s former chief compliance officer, John Slowik. He will receive more than $51 million from the combined federal and state shares of the settlement.Olympus also has executed a corporate integrity agreement with the HHS Inspector General.