I'm about to undergo a pharmaceutical kickback investigation.

Hello, here is the response regarding pharmaceutical kickbacks.

Pharmaceutical kickbacks refer to acts where pharmaceutical companies, etc. provide money, goods, or entertainment to medical personnel, etc. to increase pharmaceutical sales.

Pharmaceutical kickbacks are illegal acts where both providers and receivers can be punished.

Depending on the amount received, qualification suspension of up to 1 year may occur, and imprisonment of up to 3 years or a fine of up to 30 million won may apply.

In particular, providing devices, cash, gift certificates, entertainment, or trips can be considered kickbacks, and even if you claim that the providing intent had no "consideration," the very fact of receiving them can be problematic.

However, providing pharmaceutical/medical device samples, supporting transportation and meal expenses for academic conference presenters, supporting clinical trial drugs and research expenses, providing food and beverages and souvenirs within certain limits during product information sessions, providing discounts within a certain ratio according to payment conditions, providing consultation fees according to FDA-approved post-market surveillance, and providing points within 1% when using credit cards can be exceptions.

If you are about to be investigated, you first need to accurately organize past receipts, timing, and the connection with contracts or sales activities with related companies, and review whether the device provision was actually for the purpose of inducing treatment or prescription, or whether it falls under exceptions.

During the investigation by investigative agencies or health authorities, you should prepare a written statement of circumstances or opinion to clearly explain the facts, avoid unfavorable statements, and respond carefully.

This firm provides one-stop legal services from organizing case-related materials early on to defending against criminal punishment from administrative dispositions, with medical specialist attorneys experienced in numerous pharmaceutical kickback cases.