From Raven's fantastic article: 2. Questcor's promotional tactics of said drug are under investigation by the FTC, DOJ, SEC and two U.S. Attorney Generals offices. Make sense to you?
So the U.S. Attorney's Office for the Eastern District of Pennsylvania kicked off the investigation into QCOR's promotional practices in Sept of 2011. Then it was announced during the last CC that the U.S. Attorney's Office for the Southern District of New York and the L.A. SEC Office joined in.
What do the FTC and DOJ have to do with the investigation into QCORS's promotional practices? I understand that the FTC is informally looking into their acquisition to the rights of the rights to Synacthen.
Raven is constantly saying get the facts straight...... does he have his straight? Please let me know if this is correct.
First off as pointed in this SA article - He's double counting the agents, either he writes DOJ or two attorney general offices who belong to DOJ
Second, FTC is not investigating. It was requested to investigate the potential impact on competition by Senator Amy Kloubacher who's only fulfilling her public duty to crack down on the alleged abuses of the pharma industry. Some years ago, she directed FTC to investigate Ovation's acquisition of a competitive drug. FTC launched a suit on grounds of antitrust demanding not only separation of the acquired drug but also all profits made since commercialization. FTC got a tight slap on its face as the courts dismissed their case on grounds of product market definition. QCOR's acquisition of Synacthen in my opinion doesn't even come close to what Ovation did. I don't think FTC would want another tight slap across the face while spending millions of tax dollars. Plus thanks to the RTRX CC, any FTC action becomes even more highly unlikely.
The DOJ and SEC involvement is two-pronged. DOJ is investigating promotional practices. From what I understand their focus is on violation of any number of regulations related to anti-kick backs, off-label marketing, healthcare provider relationships etc. I'm comfortable because Uncle Bailey & Co are comfortable. They've clearly stated that they are in substantial compliance to the PHRMA marketing practices.
SEC investigates allegations around stock market manipulation to ascertain whether QCOR mislead investors or not. Its obvious who's misleading.
Lastly I'm not worried about this CDF BS. The correlation of QCOR donations and magnitude of copay dispensation is misleading.
The argument can easily be refuted if QCOR decides to re-route their donations to unrelated disease states if not presently done so. The copay will still remain intact as long as CDF has enough funds for the 'animal-derived' acth's disease states regardless of whether or not donors are related.