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Valeant Together With Philidor Afterwards The Criminal Charges

On fifteen Oct 2015 I posted a brief post which was (I believe) the get-go world reference to Philidor, the directly notorious speciality chemist's work concern at Valeant.

I had known near Philidor since Feb together with had told many people including Roddy Boyd together with Andrew Left but I did non empathize inward whatsoever comprehensive manner how Philidor worked together with why Valeant had gone to such lengths to shroud it. Jim Chanos (entirely separately) had I believe also constitute Philidor.

On xix Oct 2015 Roddy Boyd published the seminal journalist article explaining much of the mystery. Roddy's article was the chief slice inward the undoing of Valeant's stock. I am soundless amazed how much of the even out Roddy worked out. This was ane nifty slice of journalism.

Today ane Valeant executive together with the Phildor CEO convey been charged inward a fraud together with kickback scheme. That is to a greater extent than than a yr later.

It is yet worth revisiting Valeant's get-go major Philidor disclosure.

On 26 Oct 2015 Valeant had its get-go conference telephone band to explicate Philidor. This conference telephone band dumped almost the entire board into this mess. Board members were at this telephone band together with it was made patently that they understood how Philidor worked. Moreover Board members toured Philidor earlier Valeant agreed to purchase an pick to purchase Philidor.

Given that criminal charges convey directly been set those board members should directly endure considering their position.

You tin uncovering a amount transcript of that telephone band here, but I simply quote a pertinent part.


Seana Carson Valeant Pharmaceuticals International, Inc. - Chief Compliance Officer 
Thank, Tanya. Good morning. I'm Seana Carson together with I am Valeant's Chief Compliance Officer. At this shout out for I volition part alongside you lot approximately information regarding the diligence conducted past times Valeant prior to entering into its pick understanding alongside Philidor, equally good equally details regarding Valeant's oversight together with rights. 
All agreements betwixt Valeant together with Philidor convey been reviewed or drafted past times legal counsel. Our legal, compliance, regulatory together with work concern diligence was conducted inward connector alongside the purchase pick together with distribution services understanding alongside the assistance of our external advisors. This included multiple site visits. 
Furthermore, Valeant negotiated representations, warranties, indemnities together with ongoing covenants for its protection. The diligence conducted covered legal, regulatory, together with compliance matters, including but non express to corporate structure, chemist's licensing, federal healthcare computer program requirements, privacy, chemist's practices, together with information technology security. Last yr the bulk of Valeant Board, including the entire Audit together with Risk Committee, went to tour the Philidor facility inward Pennsylvania inward person, ahead of completing the transaction. 
Turning to Valeant's rights nether its options, equally mentioned, Philidor operates independently from Valeant. Valeant has contractual rights to inspect Philidor's books, records together with facilities. Further, Philidor must give Valeant prompt notice of whatsoever events that number inward a cloth breach of its covenants or could reasonably expression to number inward a breach of its representations together with warranties. 
Valeant also has the correct to appoint employees to Philidor, including a caput compliance officeholder together with an in-house lawyer. The pick understanding also provides for a articulation steering committee, composed of members from Valeant together with Philidor, the purpose of which includes the exchange, assessment, together with give-and-take of matters relating to compliance of Philidor alongside applicable laws, cloth contractual obligations, together with Philidor's internal policies together with processes. 
We hold regular contact betwixt work concern together with functional leads. Pursuant to our rights inward the pick agreement, Philidor, alongside input from Valeant, hired both an in-house lawyer together with a caput of compliance alongside relevant experience. As mentioned, Philidor is included inward Valeant's SOX 404 internal command testing together with internal audit computer program for 2015. In addition, on Oct 2, a large 4 accounting work solid alongside asked to ready plans for an internal audit of Philidor. The ambit was intended to include an assessment of performance together with information systems, character together with regulatory practices, adjudication together with reimbursement practices, contractual compliance, regime pricing, equally good equally prescription grade testing together with sampling. 
Because of the nature together with bulk of inquiries related to Philidor after our Oct xix earnings telephone band the audit has been delayed to revise ambit accordingly. Additionally, nosotros empathize that Philidor together with its network pharmacies convey complied alongside several hundred desk audits from payers together with convey participated inward to a greater extent than than 2 dozen alive audits involving major chemist's produce goodness managers.

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The boss of Philidor, Andrew Davenport, is ane of 2 people charged today. Here is a video of him beingness interviewed past times a State Senator near Philidor. I wonder whether he was this evasive when the Valeant board went to see him.





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I am non going to listing the board members who went on tours of Philidor. It is upwards to other people to inquire them questions.

I rest brusque approximately Valeant.




John

PS: For completeness hither is a video of Gary Tanner applying for a chemist's license along alongside Philidor's onetime chemist inward charge. It is pretty clear from the description that this was also to serve the same dermatology marketplace equally Philidor.



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