United States v. Omnicare Inc., Morris Esformes, & Philip Esformes, No. 07 C 05777

July 23, 2013
This document is a court ruling denying the Esformes' request for dismissal of a whistleblower lawsuit which alleged that the Esformes and Omnicare violated the federal anti-kickback statute and state and federal false claims statutes. The whistleblower alleged that nursing home owner Philip Esformes, a principal of Total Pharmacy (a long-term care pharmacy formed to serve nursing homes) and his father Morris Esformes, who also owned nursing homes, received payment from Total Pharmacy after switching their nursing homes pharmacy contracts to Total Pharmacy. After Omnicare expressed interest in acquiring Total Pharmacy, Morris Esformes changed his . . .