Court Recommends Dismissal of FCA Claims Against Pharmacy and Private Equity Fund, but Provides Insight Into when Funds May Be Held Responsible for Conduct of Portfolio Companies

The government intervened in a qui tam suit against a compounding pharmacy and its private equity fund owner, alleging it filed claims with the DoD's Tricare that were rendered false by kickbacks, thereby violating its agreement to comply with the Anti-Kickback Statute.