Ed. Note: This post is by Joan Marshall, a partner at GeyerGorey and a former Antitrust Division prosecutor who worked on the global vitamin cartel prosecutions.
Last month, Elijah E. Cummings, the [then] ranking member of the House Committee on Oversight and Government Reform, and Senator Bernard Sanders, [then] chairman of the Senate Subcommittee on Primary Health and Aging, asked 14 generic drug makers to provide data concerning escalating prices charged for generic pharmaceuticals. (here) Several recent articles, and filings with the SEC, report that the Antitrust Division is also taking a hard look at the generic pharmaceutical industry (here);(here);(here).
A recent analysis found that half of all generic drugs sold through retailers became more expensive over the past 12 months and the prices paid by pharmacies more than doubled for one out of 11 generics (here)(here). The FDA reports that nearly 8 in 10 prescriptions are filled with generic pharmaceuticals. Americans spent about $325.8 billion on prescription medicines in 2012 (here). Generics now account for 28 percent of pharmaceutical spending (here).
Our attorneys have led and participated in some of the highest profile matters in the past decade, both while in the government and in private practice. We have been involved in the most significant criminal cartel cases, the most important mergers, the most notable civil antitrust investigations, the largest procurement fraud cases, and game-changing antitrust cases that reached the United States Supreme Court. Our collective experience stands as a testament to our work ethic, our drive for excellence, and the trust and responsibility we have been given by our clients and the government.
Led investigation and prosecution of marine contractors engaged in conspiracy to suppress and eliminate competition to install deep sea oil platforms
Led investigation and prosecution of international freight forwarders engaged in conspiracy to fix prices on international air cargo shipments
Led investigation and prosecution of household-goods moving contractors engaged in conspiracy to fix prices for international moving services provided to Department of Defense
Investigation and prosecution of graphite electrodes manufacturers
Investigation and prosecution of ocean shipping companies
Investigation and prosecution of a FTSE 250 engineering company that resulted in the indictment, extradition and conviction of its former chief executive
Defended foreign construction company in investigation and prosecution of alleged billion-dollar bid rigging scheme, in related qui tam litigation, and in other related matters
Defended foreign vitamin manufacturers in investigations and prosecutions of alleged international price-fixing agreements
Defended foreign specialty chemical manufacturers in investigations and prosecutions of alleged international price-fixing agreements
Defended U.S.-based executive of foreign company in criminal and civil litigation related to his alleged role in an international cartel to fix prices in the marine supply industry
Defended foreign executive of foreign company in criminal and civil litigation related to his alleged role in the conspiracy to fix air cargo rates around the world
Defended international freight forwarder in criminal litigation related to its alleged role in an international conspiracy to rig bids on U.S. military shipping contracts
Investigation and subsequent prosecution of foreign vitamin manufacturers for price fixing conspiracy
Domestic Price Fixing and Bid Rigging:
Defended electrical products manufacturer in first felony prosecution under the Sherman Act and in civil treble damage litigation
Represented a class of nurses in litigation against a hospital association and a number of Arizona hospitals
Represented the State of Ohio against a number of dairies for allegedly rigging bids of school milk
Investigation and prosecution of highway paving contractors in multiple districts for bid rigging
Investigation and prosecution of military insignia providers supplying the Army Air Force Exchange System with over 4,000 items of insignia
Represented metal drum manufacturer in prosecution for price fixing
Investigation of polypropylene bag manufacturers and that resulted in the prosecution of a manufacturer for Buy American Act violations and conspiracy to defraud
Investigation and prosecution of nearly 40 cases against paving contractors for conspiring to rig bids in connection with federal and state highway and airport contracts
Investigation and prosecution of an auction rigging conspiracy involving auto parts to by the Department of Defense at Defense Reutilization Marketing Offices (DRMO)
Investigation and prosecution of multiple electrical construction contractors for conspiring to rig bids for major power wiring contracts associated with steel mills and waste water treatment plants
Investigation and prosecution of multiple wholesale grocery companies and bid managers for rigging bids to school districts, hospitals and jails in southern Texas
Investigation and prosecution of multiple dairies for rigging bids for school milk sold to districts in Louisiana
Investigation and prosecution of crawfish processors for fixing prices paid to crawfish farmers and fishermen
Investigation and prosecution of bribery conspiracy involving the reconstruction of the New Orleans levee system after Hurricane Katrina
Investigation and prosecution of fire protective services company and its president
Investigation and prosecution of an Iraq-based general construction bid rigging scheme
Investigation and prosecution of conspiracy to solicit kickback scheme involving security services on a US Agency for International Development contract
Investigation and prosecution of fuel theft from an overseas United States military facility
Investigation and prosecution of a Europe-based scheme to defraud the Iraqi government by facilitating the fraudulent claim for payment of armored vehicles that were never delivered
Represented individual accused of defrauding government defense agency out of hundreds of thousands of dollars of grant money
Represented company accused of defrauding government by failing to supply vitamin-enriched food products with the proper level of enrichment
Represented large computer software company in internal investigation of improper influence on government contracting process
Defended CEO and three closely-held companies in a multi-state racketeering and tax fraud prosecution
Investigation and prosecution of multiple labor racketeering cases ranging from prosecutions of United Mine Worker Union officials for theft of union funds used to pay for the murder of a political opponent of the union president to the prosecution of two Boston-based racketeers for actions associated with their travel to California in connection with a union organizing effort at a San Rafael newspaper
Investigation and prosecution of the mayor of a New Jersey town for taking bribes in connection with the permitting of a tank farm at the terminus point of a major Gulf Coast to East Coast pipeline
Investigation and prosecution of the most prolific serial bank robber in United States history
Investigation and prosecution of the murder for hire of a government witness and one of the largest cocaine importation conspiracies East of the Mississippi River
Investigation and prosecution of numerous gun, drug and false identity cases
Investigation and prosecution of multiple obstructions of justice, contempt, false statement, witness tampering and perjury cases arising out of grand jury investigations
Investigation and prosecution of bank fraud cases
Represented individuals before the District of Columbia Court of Appeals in appeals from criminal convictions (more than a dozen cases)
Defended individual in intelligence community in investigation by DCIS for alleged violations of public corruption statutes (18 U.S.C §§ 207 & 208)
Defended individual in criminal investigation by Inspector General of NASA
Defended individual in federal bribery investigation
Defended government contractor in investigation by the Inspector General of the Department of Agriculture
Defended several regional hospitals in various unrelated federal investigations of allegedly fraudulent billing practices, Stark violations
Represented hospital CEO in investigation of alleged Stark violations
Represented pathology laboratory in healthcare fraud investigation
Represented national healthcare company in investigation of allegedly criminal off-label marketing
Represented various individuals in applications for presidential pardons
Mergers and Acquisitions:
Represented Warner Music in connection with the proposed acquisition of EMI by Universal Music
Represented DISH Network in opposition to the proposed acquisition of T-Mobile by AT&T
Represented Merck in connection with its acquisition of Schering Plough
Represented Simon Properties in connection with its acquisition of Prime Outlets
Obtained antitrust clearance in the acquisition of Liquid Container by Graham Packaging
Obtained consent decree against nuclear engineering firm which had acquired another firm with the same engineering specialty
Represented major home healthcare provider in acquisition valued in excess of $500 million
Represented pathology laboratory in merger valued in excess of $100 million
Represented foreign mining company in acquisition of US coal mines valued over $1 billion
Represented hospital management company in acquisition valued in excess of $500 million
Represented individual in several acquisitions of stock each valued in excess of $100 million
Represented major over-the-counter pharmaceutical company in four different acquisitions over several years whose values ranged from over $100 million to over $500 million
Represented national restaurant chain in acquisition valued at about $1 billion
Represented regional hospital chain in acquisition of a hospital valued above $50 million
Represented hospital valued in excess of $100 million in sale to state hospital system
Civil Antitrust Matters:.
Defended large telecommunications provider in three week trial for alleged exclusionary conduct directed towards telecom services resellers.
Represented large telecommunications provider as plaintiff in case alleging monopolization of market for telecom switch software.
Represented leading music copyright licensing organization in a decade-long investigation by the Department of Justice
Led the investigation of Ticketmaster at the Department of Justice
Led major, successful prosecution by United States Department of Justice of conspiracy among twenty-four leading market-makers in NASDAQ stocks, including Goldman, Sachs & Co. and J. P. Morgan Securities, Inc. who had conspired to maintain spreads between buying and selling prices of NASDAQ stocks
Defended large telecommunications provider in multi-year litigation brought by competitive telecom carrier alleging monopolization of market for high speed data services
Led successful investigation and prosecution of Salomon Bros Inc. and two hedge funds, Caxton Corporation and Steinhardt Partners, LP, to limit the supply of two-year Treasury notes to the “repo,” or “repurchase agreement,” market
Successfully brought the Reagan Administrations ‘s first challenge to a merger (brewing industry)
Successfully represented the United States in a litigated matter challenging field of use restrictions in patent licensing agreement in specialty chemicals
Successfully represented the United States in challenge to professional rules of conduct limiting competition among accountants in Texas
Successfully represented the United States in challenge to acquisition by Texaco, Inc. of an independent oil refining company
Represented high-tech electronic service provider with respect to antitrust issues in a bet-the-company patent infringement case
Represented sporting goods manufacturer in vacating a consent decree
Represented leading music copyright pool in civil antitrust investigation leading to vacating of an earlier consent decree and modification of another consent decree
Represented hospital CEO in litigation arising from denial of physician staff privileges
Antitrust Compliance Counseling:
Advised large telecommunications provider on its price and product bundling
Advised large telecom provider in connection with a joint venture of three carriers to entire the mobile payments market with mobile phones
Advised major manufacturer of household appliances on antitrust compliance
Advised major manufacturer of high-end kitchen appliances on antitrust compliance
Advised major manufacturer of over-the-counter pharmaceutical on antitrust compliance
Advised regional airport on state action doctrine and compliance with antitrust laws
Advised national trade association on antitrust compliance and Noerr-Pennington doctrine
Advised international shipping company on compliance regarding competition, fraud, and foreign corrupt practices
Advised African government on contracting and anti-fraud and anti-corruption best practices
Other Civil Litigation:
Represented Haiti in multinational investigation and litigation leading to the recovery of money stolen by its former president Jean-Claude Duvalier
Law360, New York (August 07, 2013, 3:34 PM ET) — GeyerGorey LLP established its presence in Texas with a splash this week, securing the services of a former U.S. Department of Justice antitrust prosecutor to open its Dallas office, the firm announced Tuesday.
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Marshall added that the firm has a strong Foreign Corrupt Practices Act compliance program that she hopes to be heavily involved in.
While Marshall carries experience across a wide variety of industry sectors, senior partner Hays Gorey Jr. said her work in the energy sector will be of critical importance to the firm’s Texas operations.
“We are thrilled that Joan has decided to join us,” Gorey said. “She adds deep experience with numerous enforcement agencies and complements our experience in key industries like oil and gas exploration, not to mention the fraud piece.”
At DOJ, Marshall gained notoriety for her work in the wake of Hurricane Katrina, when she led the Antitrust Division’s bribery prosecutions centering on the construction of the levees surrounding New Orleans. She also served on the agency’s Hurricane Katrina Fraud Task Force, which was eventually rolled into the broader-reaching Disaster Fraud Task Force.
Firm co-founder Brad Geyer said Marshall’s work in the disaster fraud arena would dovetail nicely with the firm’s existing portfolio.
“We are very involved in servicing the government contractor and the nonprofit and nongovernmental organization community and we are excited to roll in Joan’s disaster fraud experience into our overall product offerings,” Geyer said. “It is also unusual to have career prosecutors in one firm that worked on the highest profile matters on both the criminal and civil worlds.”
Marshall received her law degree from Southern Methodist University and a Bachelor of Business Administration from the University of North Texas.
Joan Marshall who prosecuted the worldwide vitamins cartel and brought a series of fraud cases in the aftermath of Hurricane Katrina, has joined the firm as a partner. Previously, Ms. Marshall was with the US DOJ Antitrust Division in the Dallas Field Office. She is the tenth former DOJ prosecutor to join the new boutique law firm in less than a year.
FOR IMMEDIATE RELEASE
PRLog (Press Release) – Aug. 6, 2013 – WASHINGTON, D.C. — GeyerGorey LLP is pleased to announce that Joan E. Marshall, a former Department of Justice prosecutor, has joined the firm as partner. Ms. Marshall will open a new office for the firm, in Dallas, where she will be resident.
Ms. Marshall comes to GeyerGorey from the Antitrust Division of the Department of Justice, where she also served as a prosecutor on the Department’s Disaster Fraud Task Force and its predecessor, the Hurricane Katrina Fraud Task Force. While with the Department of Justice, Ms. Marshall supervised numerous multi-agency investigations of bid rigging, price fixing, mail fraud, wire fraud, bank fraud, bribery, perjury and obstruction of justice.
Ms. Marshall had the distinction of breaking the Dallas Field Office’s acclaimed vitamins cartel case and helped to devise, structure and carry out what became one of the most comprehensive international investigations and prosecutions of all time, resulting in more than $1 billion in collected criminal fines. She led the Antitrust Division’s bribery prosecutions involving construction of the levees surrounding New Orleans after the devastation of Hurricane Katrina. Her experience spans investigations and prosecutions involving numerous industries including wholesale groceries, milk, seafood, medical equipment, oilfield supplies, military moving and storage, road and building construction, and municipal finance.
“We are thrilled that Joan has decided to join us,” said Hays Gorey. “She adds deep experience with numerous enforcement agencies and compliments our experience in key industries like oil and gas exploration, not to mention the fraud piece. Our corporate compliance and competition expertise is a perfect fit in the Dallas-Ft. Worth market, which has the largest concentration of corporate headquarters in the United States.”
Ms. Marshall is a frequent speaker on antitrust enforcement and fraud prevention and detection and has developed numerous training programs. She is a recipient of the United States Department of Justice, Assistant Attorney General’s Award and certificates of appreciation from the United States Department of Homeland Security, Office of Inspector General, and the United States Army Criminal Investigation Command, Major Procurement Fraud Unit.
Robert Zastrow, who was Verizon’s Assistant General Counsel for 15 years before co-founding the firm in October 2012, added, “Joan’s extensive background and expertise nicely complements our firm’s unique philosophy and enriches our solid bench in the White Collar world.” Co-founder, Brad Geyer added: “We are very involved in servicing the government contractor and the non-profit and non-governmental organization community and we are excited to roll in Joan’s disaster fraud experience into our overall product offerings. It is also unusual to have career prosecutors in one firm that worked on the highest profile matters on both the criminal and civil worlds. Joan will give us a strategic presence in the Dallas market, which is home to companies in the airline, technology, energy, banking, medical and defense contracting sectors.”
Headquartered in Washington, D.C., GeyerGorey LLP specializes in white collar criminal defense, particularly investigations and cases involving allegations of economic crimes, such as violations of the federal antitrust laws (price fixing, bid rigging, territorial and customer allocation agreements), procurement fraud, securities fraud, foreign bribery (Foreign Corrupt Practices Act) and qui tam (False Claims Act) and other whistleblower actions. The firm also conducts internal investigations of possible criminal conduct and provides advice regarding compliance with U.S. antitrust, anti-bribery and other laws.
Although still a distant second to monopoly, buyer power and monopsony are hot topics in the competition community. The Organisation for Economic Co-operation and Development (OECD), International Competition Network (ICN), and American Antitrust Institute (AAI) have studied monopsony and buyer power recently. The U.S. Department of Justice and Federal Trade Commission pay more attention to buyer power in their 2010 merger guidelines than they did in their earlier guidelines. With growing buyer concentration in commodities such as coffee, tea, and cocoa, and among retailers, buyer power is a human rights issue. (Continue Reading) ++++++++++++++++++++++++++++++++++++++
Allen Grunes was asked for his views on the proposed merger of AT&T and Leap Wireless International. (Grunes and Maurice Stucke were the authors of an influential antitrust analysis of the attempted AT&T/T-Mobile merger in 2011.) Please click on the linked article below: