B. Braun Medical, the False Claims Act and the Corporate Crime Music Videos

B. Braun Medical is a U.S. subsidiary of German pharmaceutical company, B. Braun Melsungen AG.

In December 2010, Braun agreed to pay $14.7 million to resolve allegations that it caused the Medicaid program to pay inflated amounts for 49 of its drug products, including water-based solutions used to facilitate the intravenous infusion of other drugs and for fluid replacement.

Less than four months later, B. Braun’s compliance program came out with two unusual videos.

Call them the Corporate Crime Music Videos.

In the first one, a group of three white collar criminals in orange jumpsuits are working on a prison road crew picking up trash.

The corporate crooks are singing a song about their failure to listen to the company’s compliance department.

The song goes like this:

 

I’d still have a gig selling lots of ivy stuff

But I took a Doc to golf and paid for it all by myself

I thought the rules were there for somebody else but not for me

Now I’m doing three to five in a penitentiary

Should have listened to compliance

But now it’s way too late

I could have seen this coming at me but now I’ve sealed my fate

They put me in a courtroom

They threw the book at me

Don’t make the same mistake my friend

Listen up attentively

We’re telling you — compliance

Don’t sit there like a blob

The rules must be obeyed or it will cost us all our jobs

Compliance

Put down that Blackberry

Wish I had of listened and behaved compliantly.

At the end of the video, up comes this notice from the company:

“While corporate compliance may be little more than a laughing matter at some companies, the B Braun group takes compliance seriously. We will continuously be recognized for not only our outstanding products and services, but also for the way we consistently conduct business on an honest and ethical basis and in compliance with the laws governing how we do business.”

The second video shows a group of white collar crooks in business suits singing about facing a judge at trial. It features a corporatecriminal defense attorney who uses Law for Dummies to prepare for his case.

Ignorance is no excuse

Those words we often hear

Judge I pray that you won’t make my sentence too severe

Those tickets to that Broadway show

Did not help me land that business

I’m telling you the truth your honor

Judge said — call your next witness

Called my next witness and my witness spilled the beans

Listed dinners I sprang for and the price of that cuisine

All those donuts we dropped off

Without education

 Maybe the jury won’t notice my chronic disobeying

Call my next witness

But they all sang the same tune

 Your honor, it’s not like a day at the ballgame is a trip to Cancun

Sure I got a few things

But these guys, they’re my clients

Give me a chance judge and I promise to get back

In compliance.

 

It’s unclear whether the company was ordered to make the videos or put them out on their own.

B. Braun did not return calls seeking comment for this story.

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