In this March 31, 2020 file photo, a woman pulls groceries from a cart to her vehicle outside of a Walmart store in Pearl, Miss. Walmart is teaming with the General Motors' Cruise autonomous vehicle unit to test automated package delivery in Arizona. (AP Photo/Julio Cortez, File)
By Michael Balsamo and Ann D'Innocenzio
The Justice Department is suing Walmart, alleging the company unlawfully dispensed controlled substances through its pharmacies, helping to fuel the opioid crisis in America.
The civil complaint being filed Tuesday points to the role Walmart’s pharmacies may have played in the crisis by filling opioid prescriptions and by unlawfully distributing controlled substances to the pharmacies during the height of the opioid crisis. Walmart operates more than 5,000 pharmacies in its stores around the country.
The Justice Department alleges Walmart violated federal law by selling thousands of prescriptions for controlled substances that its pharmacists “knew were invalid,” said Jeffrey Clark, the acting assistant attorney general in charge of the Justice Department’s civil division.
Federal law required Walmart to spot suspicious orders for controlled substances and report those to the Drug Enforcement Administration, but prosecutors charge the company didn’t do that. Walmart couldn’t immediately be reached for comment.
“Walmart knew that its distribution centers were using an inadequate system for detecting and reporting suspicious orders,” said Jason Dunn, the U.S. attorney in Colorado. “As a result of this inadequate system, for years Walmart reported virtually no suspicious orders at all. In other words, Walmart’s pharmacies ordered opioids in a way that went essentially unmonitored and unregulated.”
The suit alleges that Walmart made it difficult for its pharmacists to follow the rules, putting “enormous pressure" on them to fill a high volume of prescriptions as fast as possible, while at the same time denying them the authority to categorically refuse to fill prescriptions issued by prescribers the pharmacists knew were continually issuing invalid prescriptions.
AP reported the news of the lawsuit ahead of the Justice Department's public announcement, citing a person who could not discuss the matter publicly before the announced move. The person spoke to the AP on condition of anonymity.
The Justice Department’s lawsuit comes nearly two months after Walmart filed its own preemptive suit against the Justice Department, Attorney General William Barr, and the Drug Enforcement Administration.
In its lawsuit, Walmart said the Justice Department’s investigation — launched in 2016 — had identified hundreds of doctors who wrote problematic prescriptions that Walmart’s pharmacists should not have filled. But the lawsuit charged that nearly 70% of the doctors still have active registrations with the DEA.
Walmart’s lawsuit alleged the government was blaming it for the lack of regulatory and enforcement policies to stem the crisis. The company is asking a federal judge to declare the suit has no basis to seek civil damages. That suit remains ongoing.
The initial investigation was the subject of a ProPublica story published in March. ProPublica reported that Joe Brown, then U.S. attorney for the Eastern District of Texas office, spent years pursuing a criminal case against Walmart for its opioid prescription practices, only to have it stymied after the retail giant’s lawyers appealed to senior officials in the Justice Department.
Two months later, Brown resigned. He didn’t give a reason for his departure except to say he would be “pursuing opportunities in the private and public sectors." Brown went into private practice in the Dallas area.
Updated on December 22, 2020, at 3:44 p.m. ET with additional details.
Joseph Gordon-Levitt, CEO and co-founder of HitRecord, and Jared Geller, president and co-founder of HitRecord, join Cheddar News to discuss the platform's 'Class Projects'. Gordon-Levitt also talked about playing Jiminy Cricket in Disney's live-action 'Pinocchio.'
One e-commerce company is putting diverse beauty brands first. 'thirteen lune' was launched last year and carries 100 brands, 90% percent of which are founded by Black, indigenous, people of color (BIPOC). The company has grown tremendously within the past year and just landed a $3 million funding round led by Fearless Fund, a venture capital firm created by women of color, for women of color. Nyakio Grieco, co-founder of thirteen lune joins Cheddar News to talk about the new funding.
Evan Vandenberg, the founder and CEO of Dibbs, a sports card trading platform, joined Cheddar to break down how his company allows sports fans to buy and sell fractions of sports cards. The physical trading cards are typically held in a vault while fans are provided with a digital representation of that card that they can go on to sell or even buy more fractions of the item. Vanderberg also talked about the company's $13 million Series A funding round and investments from major sports figures like the NBA's Chris Paul and NFL's DeAndre Hopkins.
Johan Grahn, Head of ETFs at Allianz Investment Management, joins Cheddar News' Closing Bell to discuss today's market close which saw all major indexes reaching record highs on the back of a strong October jobs report, low-interest rates, and more.
Earlier this week, crypto investors who got in on a 'Squid Game'-inspired coin were shocked when the asset turned out to be part of a scam. The people involved made off with close to $3 million after the Netflix-inspired coin's valuation went from $0.01 to $3,000 and back down to $0 within several days. CoinDesk Anchor Christine Lee joins Cheddar News' Closing Bell to discuss the pump-and-dump scheme, how investors can be on the lookout for similar scams, and what crypto platform Binance is doing to investigate the incident.
Nela Richardson, Chief Economist at ADP, joins Cheddar News' Closing Bell, where he discusses the sector growth in the October Jobs report, and how labor shortages and wage growth will impact the economy going forward.
More American tech companies continue to pull their businesses out of China as the Communist Party cracks down on firms — both foreign and domestic. Yahoo and Fortnite have become the latest companies to withdraw from the country, and the withdrawals come just days after Microsoft announced it would take LinkedIn offline. Shehzad Qazi, managing director at China Beige Book International, joined Cheddar to provide some insight into how the crackdowns in China would also impact the tech companies at home in the United States.
Yelp reported Q3 earnings on Thursday, matching its best quarterly performance in company history, according to CFO David Schwarzbach who joined Cheddar's "Between Bells" to break down the report and business forecast. He also talked about the impact that the pandemic has had on marketing campaigns on the platform and noted that while service pros are doing well, campaigns for restaurants, retail, and other sectors continue to face challenges.
Beatriz Acevedo, CEO of Suma Wealth, discusses the challenges in building financial habits among Hispanic youths and talks about how the company will be prioritizing funds from its recent $2 million raise.
