Strip clubs and shooting ranges
105. On or about January 18, 2013, Dr. Gatz was taken to a strip club in Scottsdale, Arizona by two Insys executives, Alec Burlakoff and Joe Rowan. The next day, Mr. Burlakoff texted a colleague, saying “Went fantastic last night. Bart and I got back around 4 am. He had to have had one of the best nights of his life.” Several days later, Dr. Gatz sent a text to Mr. Rowan stating, “Thank you for the best weekend in years! ! !”106. Upon information and belief, Insys also provided Dr. Gatz with lavish meals and at least one trip to a shooting range. Upon information and belief, in 2012, Insys provided Thanksgiving dinners for Dr. Gatz’ entire office staff.107. Since 2012, Medicare has paid over $3.3 million for Subsys that was prescribed by Dr. Gatz.
116. On or around August 18, 2012 Burlakoff sent a text message to Dr. Charles Huang (“Dr. Huang”) stating “I need to know if Paula [Dr. Huang’s girlfriend] would take a full time job working for me? I also could use a few Subsys prescriptions. We have not seen anything, I want to have some fun!!! Can’t do it w/o subsys scripts coming in at least once a day. Have Paula call me next week. Let’s make it like the old days, turn the subsys switch on please Dr Huang!! … We mean what we say,just need you too (sic) get it going strong.”117. From on or about August 21, 2012 to August 22, 2012, Dr. Huang prescribed 60 units of SUBSYS.118. INSYS hired Dr. Huang’s girlfriend, Paula, in or around fall 2012.
Hire a sales rep “banging a doctor”
“Pain is pain”
These [doctors] will tell you all the time, well, I’ve only got like eight patients with cancer. Or, I only have, like, twelve patients that are on a rapid-onset opioids [sic]. Doc, I’m not talking about any of those patients. I don’t want any of those patients. That’s, that’s small potatoes. That’s nothing. That’s not what I’m here doing. I’m here selling [unintelligible] for the breakthrough pain. If I can successfully sell you the [unintelligible] for the breakthrough pain, do you have a thousand people in your practice, a thousand patients, twelve of them are currently on a rapid-onset opioids [sic]. That leaves me with at least five hundred patients that can go on this drug.
Sales Representative: “I know your time is money, so I’m not looking to waste it. I’ve been directed to deal with a specialist. We have a boutique drug that deals with your specialty, pain management. It is my understanding that the procedure in treating pain is to establish a baseline?”Physician: “Yes.”Sales Representative: “With that being said, what percentage of your patients have chronic pain?”Physician: “60%”Sales Representative: “This is good. My drug is looking for opioid tolerant patients. What percentage of your patients are experiencing breakthrough pain four times a day and are on other therapy?”Physician: “A few”Sales Representative: “These are the patients my drug wants to address. Oh, and there’s a bonus: we’ll take care of the managed care aspects of your patients [through our Internal Reimbursement Center]. If you’re willing, I would like to go in greater detail over dinner.”
The “magic number”
“Does money talk to them?”
In sales trainings, INSYS taught sales staff to classify physicians according to their perceived willingness to receive money for prescriptions…INSYS sales managers taught sales staff to color code doctors, “green” being the most likely to accept kickbacks, “yellow” less so, and “red” unlikely, on the basis of personality traits. During [M.S.’s] field training, she learned to associate the likelihood of physicians becoming prescription writers with the dollar amounts attributed to them on propublica.org.”
INSYS also maintains a work environment in which the male-dominated executive and management team frequently sexually treat female doctors who fail to prescribe “enough” SUBSYS in exchange for their kickbacks from INSYS with blatant disrespect, best summarized in a text message from INSYS Vice President of Sales Alec Burlakoff, in a text message to [Guzman] regarding a female doctor in her territory: “She fuckn sucks kock mia! What else can I say! XOXOXO .. .I hate that stupid bitch – dr banchik! ! ! ! ! ! ! ! I want to jerk off in her fuckn face!”