Novartis milestones be proud ! Management take a bow !

PHARMALOT
Senator opens probe into Novartis over its dealings with Trump’s attorney


By ED SILVERMAN @Pharmalot

MAY 11, 2018

A lawmaker is opening an investigation into Novartis for paying $1.2 million to President Trump’s personal attorney, Michael Cohen, in an attempt to gain access to the White House, a disclosure that has prompted widespread criticism of the drug maker.

The company has said it agreed to a one-year contract, beginning in February 2017, with Cohen’s firm, Essential Consultants, in order to create a direct channel to the Trump administration about “health care policy matters.” The arrangement, however, has been widely derided because Cohen is not a lobbyist or an expert in health care matters. And Novartis said it let the contract lapse when it expired.

But in a letter sent Friday to the company, Sen. Ron Wyden (D-Ore.) suggested the payments may have been linked to a groundbreaking Novartis cancer treatment that was being reviewed last year by the Food and Drug Administration. And he also noted the drug maker was holding talks last year with the Centers for Medicare and Medicaid Services about a unique reimbursement deal for the medication.

“At the same time as the payments to Mr. Cohen’s firm were being made, the company’s in-house lobbyists were meeting with the White House, FDA, CMS, and other Trump Administration agencies regarding a range of issues that could dramatically affect its business,” Wyden, the ranking Democrat on the Senate Finance Committee, wrote to Novartis chief executive Vas Narasimhan.

During this time, he noted, Cohen was paid “while the company was negotiating novel payment arrangements” for the medicine, a CAR-T therapy called Kymriah that costs $475,000. The FDA approved the medicine to treat a form of leukemia last August, but Wyden pointed out that “Novartis also was negotiating with CMS regarding how federal health programs would pay for the drug.”


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A Novartis spokesman wrote us that “we anticipated this letter which we just received and plan to fully cooperate.”

Ultimately, Novartis offered the federal government a money-back guarantee — or outcomes-based contrast in industry parlance — in which there will be no charge to Medicare if a patient fails to respond in 30 days. The same deal was offered to private insurers.

“In the company’s words, in its negotiations with CMS it was seeking to ‘[improve] efficiencies in current regulatory requirements in order to deliver value-based care and ensure access,’ “his letter continued. “CMS, for its part, stated that it was seeking to ‘identify and alleviate regulatory barriers in Medicare and Medicaid as may be necessary to test payment and service delivery models.’”

And so Wyden asked Novartis to provide copies of all correspondence with Cohen and his firm, as well as details of the payments and the contract. He also wants the company to cough up internal communications concerning Cohen, along with external communications with lobbyists, the White House and other government agencies concerning Cohen.

Cohen could not be reached for comment.

To what extent Kymriah was a major factor into the thinking at Novartis remains to be seen. Like other drug makers, the company was concerned about the many new and unknown faces in the Trump administration early last year. And Trump was promising to deep six the Affordable Care Act while also promising to address rising prescription drug prices.

In any event, the contract with Cohen has caused Novartis considerable grief. The company has been harshly criticized for paying him more than the drug maker has typically paid lobbyists, which Wyden also noted. Moreover, the company admitted it was a waste of money after a March 2017 between Cohen and Novartis staff revealed he appeared unsuited to help accomplish their goals.

Beyond the pay-to-play ramifications, the payments have generated anger because the disclosure comes at a time when Americans are increasingly angry over the cost of their medicines.

In an e-mail to employees on Thursday, Narasimhan acknowledged that Wednesday – the day after the Cohen contract was disclosed – was “not a good day for Novartis… We made a mistake entering into this engagement and as a consequence are being criticized by a world that expects more from us… I went to sleep frustrated and tired.”

However, Narasimhan has insisted he had nothing to do with the contract. Novartis spokespeople have maintained the deal was signed by his predecessor, Joe Jimenez, after being approached by Cohen, and that Narasimhan allowed the contract to lapse. Jimenez could not be reached for comment.

The Cohen contract was first disclosed on Tuesday night by Michael Avenatti, the lawyer for Stormy Daniels, the adult film star whose real name is Stephanie Clifford and who was paid $130,000 by Essential Consultants to keep quiet about her alleged affair with Trump. Avenatti initially posted a document on his website indicating Novartis paid Cohen’s firm $400,000 from early 2017 through 2018.
 






senate will be particularly looking into NVS and AZN price and trade imbalances w/ the US. Seemes NVS is price gouging the USA and the USA is going to after NVS. Hold on to your hats...stock and employees will be cut. Can you say giant margin cuts in all major USA products and revision on Sales / Profits Down!

Good job management way to not fly under the radar!!
 






Editor’s Corner—Novartis CEO Vas Narasimhan says he’s committed to ethics. Let’s see some proof
by Tracy Staton |
May 10, 2018 3:10pm
Narasimhan.jpg

Novartis emphatically stated that anyone who would suggest that its payments to Michael Cohen had anything to do with CEO Vas Narasimhan's dinner with Trump must have political agendas of their own. (Novartis)


Following Novartis and its round-the-world scandals since 2014, we’ve stacked up headlines that offer only one interpretation: The Swiss drugmaker has a systemic problem with bribery, kickbacks and, now, questionable payments to political figures.

Perhaps the broader public hasn’t noticed the data-tampering and coverup allegations in Japan, the bribery accusations and fine in Korea, the SEC fine stemming from kickback charges in China, or—just this year—a politically charged pharma scandal in Greece that reads like an Athens-based telenovela.


Maybe new China allegations didn’t make it far beyond the social networks and government officials there. The long-running U.S. whistleblower case and, now, government investigation into kickbacksto doctors? That could have escaped notice outside the pharma-watching crowd, too.

Biopharma is a fast-growing world where big ideas come along daily. Our subscribers rely on FiercePharma as their must-read source for the latest news, analysis and data on drugs and the companies that make them. Sign up today to get pharma news and updates delivered to your inbox and read on the go.
SUBSCRIBE NOW
They’ve noticed the latest, that’s for sure. When the name Stormy Daniels, the notorious porn star paid off by Trump’s lawyer Michael Cohen, made its way into stories about Novartis payments to Cohen himself, they noticed. That's one reason why the company has taken such pains to distance CEO Vas Narasimhan, who took over Feb. 1, from the whole murky situation. And it's one reason why the protestations of Narasimhan's innocence aren't enough.

RELATED: CEO Vas Narasimhan tells employees Novartis’ deal with Trump lawyer was a mistake he's determined to overcome

Daniels’ attorney, in an ongoing fight with Trump fixer-cum-lawyer Cohen, on Tuesday tweeted out an “executive summary” of payments made by U.S. businesses to a Cohen company—the very same company, Essential Consultants, Cohen used to pay off Daniels to keep her quiet about an alleged sexual encounter with Trump.

Novartis made that list, with almost $400,000 in payments from October to January of this year, just ahead of CEO Vas Narasimhan’s dinner with Trump and a selected group of CEOs at the World Economic Forum in Davos. The company’s first response? The payments were all made before Narasimhan took the reins. They were for “U.S. healthcare policy” reasons. And any agreements with Cohen? Now void.

A few hours later, Novartis said the payments actually amounted to $1.2 million, under a consulting contract that couldn't be broken even after the company decided Cohen's services wouldn't be useful. And it emphatically stated that anyone who would suggest that those payments had anything to do with Narasimhan's dinner with Trump must have political agendas of their own.


Then, in a series of anonymous interviews with the media—which bore all the hallmarks of a coordinated leak—company insiders not only blamed former CEO Joe Jimenez for accepting Cohen's offer of access for money, but specifically said the $1.2 million contract was about access, not advice.

RELATED: Follow-up questions for Novartis: Are the leakers telling the truth? and more

The rush to keep Narasimhan clean of the allegations is telling. The company wants the slate wiped clean as of Feb. 1, when he took over. Narasimhan himself has said he’s got compliance—and pharma's reputation in general—at the top of his to-do list, and he’s pulled the company’s first ethics and compliance officer onto his executive committee to take on the rehab job. If the Cohen payments taint him, then his moves seem like window-dressing.

Thing is, Novartis has to prove they’re not window-dressing. Simply saying, “Oh, that’s in the past,” isn’t enough to demonstrate history won’t repeat itself. Particularly because the company has said “that’s in the past” with every scandal that’s surfaced over the past several years.

All along, through every set of allegations, Novartis has said it’s cooperating with authorities. And it's cracked down internally: The company has cleaned house in foreign outposts, firing top managers and staffers alike. After Korea levied fines and suspended two Novartis meds, the company said it’s revamping its global compliance approach. And it’s promised to act quickly if Greek authorities confirm accusations there—which include a suitcase full of euros handed off to an ex-prime minister in return for fixing prices on Novartis drugs.

RELATED: Novartis ousts top Japanese execs amid fresh misconduct allegations

But note this: These Cohen payments are very much present tense, not past. Novartis didn’t report them as lobbying expenditures on its required disclosures, despite a setup with Cohen that was very similar to a lobbying agreement, as a Novartis source told Stat. The idea that Novartis couldn't get out of its contract with Cohen—even after deciding Cohen was useless—just doesn't past the logic test. And $1.2 million is a lot of money, more than Novartis paid its actual lobbyists.

The fact that this all took place before Narasimhan’s tenure doesn’t absolve him—or the company—from responsibility.

Investors agree; they haven’t given Narasimhan a pass. At this year’s shareholder meeting, his first at the helm, several spoke up to say the company needs to do something about its “swamp” of bribery allegations in Greece to avoid becoming a swamp itself. “Corruption cannot be allowed to become a tradition,” Veronika Hendry, president of the sustainable investing proxy group Actares, said during the meeting.

RELATED: Kickbacks judge to Novartis: Hand over the info on those 79,000 'sham' events

A week later, Narasimhan elevated that chief compliance officer, Shannon Klinger, to the company's executive committee, where she'll report directly to him. That, obviously, is unprecendented. So, we’re giving Narasimhan the benefit of the doubt and believing it’s not for show. We’d like to think he’s serious about cleaning up the company’s act. So let’s hear from him. ASAP, and publicly.

If Narsimhan really means to crack down on compliance and rehab Novartis’ reputation, then transparency has to be part of it. Klinger can’t just work internally. She needs to come up with a companywide report of problems and fixes, and then share that information.

If Novartis doesn’t come clean about what’s been going on behind the scenes and put forth plans to turn over a new leaf—and then follow up by reporting its progress—its promises will be just that.
 






Editor’s Corner—Novartis CEO Vas Narasimhan says he’s committed to ethics. Let’s see some proof
by Tracy Staton |
May 10, 2018 3:10pm
Narasimhan.jpg

Novartis emphatically stated that anyone who would suggest that its payments to Michael Cohen had anything to do with CEO Vas Narasimhan's dinner with Trump must have political agendas of their own. (Novartis)


Following Novartis and its round-the-world scandals since 2014, we’ve stacked up headlines that offer only one interpretation: The Swiss drugmaker has a systemic problem with bribery, kickbacks and, now, questionable payments to political figures.

Perhaps the broader public hasn’t noticed the data-tampering and coverup allegations in Japan, the bribery accusations and fine in Korea, the SEC fine stemming from kickback charges in China, or—just this year—a politically charged pharma scandal in Greece that reads like an Athens-based telenovela.


Maybe new China allegations didn’t make it far beyond the social networks and government officials there. The long-running U.S. whistleblower case and, now, government investigation into kickbacksto doctors? That could have escaped notice outside the pharma-watching crowd, too.

Biopharma is a fast-growing world where big ideas come along daily. Our subscribers rely on FiercePharma as their must-read source for the latest news, analysis and data on drugs and the companies that make them. Sign up today to get pharma news and updates delivered to your inbox and read on the go.
SUBSCRIBE NOW
They’ve noticed the latest, that’s for sure. When the name Stormy Daniels, the notorious porn star paid off by Trump’s lawyer Michael Cohen, made its way into stories about Novartis payments to Cohen himself, they noticed. That's one reason why the company has taken such pains to distance CEO Vas Narasimhan, who took over Feb. 1, from the whole murky situation. And it's one reason why the protestations of Narasimhan's innocence aren't enough.

RELATED: CEO Vas Narasimhan tells employees Novartis’ deal with Trump lawyer was a mistake he's determined to overcome

Daniels’ attorney, in an ongoing fight with Trump fixer-cum-lawyer Cohen, on Tuesday tweeted out an “executive summary” of payments made by U.S. businesses to a Cohen company—the very same company, Essential Consultants, Cohen used to pay off Daniels to keep her quiet about an alleged sexual encounter with Trump.

Novartis made that list, with almost $400,000 in payments from October to January of this year, just ahead of CEO Vas Narasimhan’s dinner with Trump and a selected group of CEOs at the World Economic Forum in Davos. The company’s first response? The payments were all made before Narasimhan took the reins. They were for “U.S. healthcare policy” reasons. And any agreements with Cohen? Now void.

A few hours later, Novartis said the payments actually amounted to $1.2 million, under a consulting contract that couldn't be broken even after the company decided Cohen's services wouldn't be useful. And it emphatically stated that anyone who would suggest that those payments had anything to do with Narasimhan's dinner with Trump must have political agendas of their own.


Then, in a series of anonymous interviews with the media—which bore all the hallmarks of a coordinated leak—company insiders not only blamed former CEO Joe Jimenez for accepting Cohen's offer of access for money, but specifically said the $1.2 million contract was about access, not advice.

RELATED: Follow-up questions for Novartis: Are the leakers telling the truth? and more

The rush to keep Narasimhan clean of the allegations is telling. The company wants the slate wiped clean as of Feb. 1, when he took over. Narasimhan himself has said he’s got compliance—and pharma's reputation in general—at the top of his to-do list, and he’s pulled the company’s first ethics and compliance officer onto his executive committee to take on the rehab job. If the Cohen payments taint him, then his moves seem like window-dressing.

Thing is, Novartis has to prove they’re not window-dressing. Simply saying, “Oh, that’s in the past,” isn’t enough to demonstrate history won’t repeat itself. Particularly because the company has said “that’s in the past” with every scandal that’s surfaced over the past several years.

All along, through every set of allegations, Novartis has said it’s cooperating with authorities. And it's cracked down internally: The company has cleaned house in foreign outposts, firing top managers and staffers alike. After Korea levied fines and suspended two Novartis meds, the company said it’s revamping its global compliance approach. And it’s promised to act quickly if Greek authorities confirm accusations there—which include a suitcase full of euros handed off to an ex-prime minister in return for fixing prices on Novartis drugs.

RELATED: Novartis ousts top Japanese execs amid fresh misconduct allegations

But note this: These Cohen payments are very much present tense, not past. Novartis didn’t report them as lobbying expenditures on its required disclosures, despite a setup with Cohen that was very similar to a lobbying agreement, as a Novartis source told Stat. The idea that Novartis couldn't get out of its contract with Cohen—even after deciding Cohen was useless—just doesn't past the logic test. And $1.2 million is a lot of money, more than Novartis paid its actual lobbyists.

The fact that this all took place before Narasimhan’s tenure doesn’t absolve him—or the company—from responsibility.

Investors agree; they haven’t given Narasimhan a pass. At this year’s shareholder meeting, his first at the helm, several spoke up to say the company needs to do something about its “swamp” of bribery allegations in Greece to avoid becoming a swamp itself. “Corruption cannot be allowed to become a tradition,” Veronika Hendry, president of the sustainable investing proxy group Actares, said during the meeting.

RELATED: Kickbacks judge to Novartis: Hand over the info on those 79,000 'sham' events

A week later, Narasimhan elevated that chief compliance officer, Shannon Klinger, to the company's executive committee, where she'll report directly to him. That, obviously, is unprecendented. So, we’re giving Narasimhan the benefit of the doubt and believing it’s not for show. We’d like to think he’s serious about cleaning up the company’s act. So let’s hear from him. ASAP, and publicly.

If Narsimhan really means to crack down on compliance and rehab Novartis’ reputation, then transparency has to be part of it. Klinger can’t just work internally. She needs to come up with a companywide report of problems and fixes, and then share that information.

If Novartis doesn’t come clean about what’s been going on behind the scenes and put forth plans to turn over a new leaf—and then follow up by reporting its progress—its promises will be just that.

If he is committed to ethics fire the entire management team down to the ABLs.
 






Come on, in this case stop the ABL bashing. Goes all the way to the top. Mr. tight jeans Aussie actually said “in the spirit of You know what I know” and then spewed a bunch of B.S. on his holier than though last minute conf call. The cover ups start at his level and up...not down the chain
 












Come on, in this case stop the ABL bashing. Goes all the way to the top. Mr. tight jeans Aussie actually said “in the spirit of You know what I know” and then spewed a bunch of B.S. on his holier than though last minute conf call. The cover ups start at his level and up...not down the chain

Totally agree but the problem is that this is learned behavior so the ABLs/RM think this is acceptable and consider it Training...It’s what we do at NVS. Over time the RMs ABL will be promoted and the bad behavior continues. Need to clean house and start over
 






Think about this, Novartis Paid 6 TIMES the amount ATT paid, 6 TIMES !!!!!!
More than double Columbus Nova & accounted for more than Half of the Money into Cohen’s shell company


From Amount Date
Columbus Nova $500,000 (approx) Jan. 2017 to at leat Aug. 2017
Novartis $1.2 million Feb. 2017 to Feb. 2018
AT&T $200,000 Oct. 2017 to Jan. 2018
Korea Aerospace Ltd $150,000 Nov. 27, 2017
Real Estate Attorney’s Group* $62,500 Jan. 2, 2018
Total: $2.1 million

However, if NOVARTIS made the same payment to someone like Cohen in a foreign country, it would raise a big red flag for violating the US Foreign Corrupt Practices Act (FCPA), legal experts say.

“If I had a client that said it was preparing to pay a sum of money to a close personal friend of a foreign official to help gain them access to that foreign official, I would tell them that they couldn’t do it,” says Clif Burns, an international corruption expert at law firm Bryan Cave. He notes that he was commenting about the FCPA generally, without reference to any specific company.

Burns said this kind of payment risks running afoul of the FCPA, a vaunted US law that bans American firms from paying direct or indirect bribes to foreign officials.

“If this money was paid to Cohen with the expectation that some or all of it would benefit a government official, then—yes—definitely. It’s a fairly typical third-party bribery scheme in that case,” Alexandra Wrage, president of anti-corruption NGO TRACE International, wrote in an email.

Money does not necessarily need to change hands. Burns cites the “Chinese princelings” case, where JP Morgan was fined $264 million for hiring the children of Chinese officials, in an attempt to curry their favor and secure future business.

“No cash was actually given but the notion was that hiring your kid was an advantage,” Burns says.

The services provided by Cohen have variously been described as “insight,” “access,” and “legal counseling regarding U.S. accounting standards,” but in each case it was his proximity to Trump that was the draw.

Robert Mueller did refer Cohen’s case to the US attorney for the Southern District of New York on possible bank fraud and wire fraud charges. Novartis says they were questioned by Mueller’s office in November.
 






politics
Senators Wyden, Murray launch Novartis probe: ‘What America has seen here raises the specter of corruption’

by john carroll — on May 11, 2018 12:46 PM EDT
Updated: May 13, 2018 11:34 AM

US Senator Ron Wyden (D-OR) has opened up an investigation of Novartis’ $1.2 million in payments to Michael Cohen, President Donald Trump’s personal attorney.

In a letter dated Friday, Wyden outlined a series of big business issues Novartis $NVS had in front of the federal government since it arranged the contract and handed over about $100,000 a month in 12 payments ending in February. Now the senator wants a detailed outline of who at Novartis was responsible for setting up the relationship and a copy of all the interactions the company had with him — in letters, emails or any other form.

“What deliverables was the company seeking to gain?” he asks in the letter, first posted by STAT.

And he’s not alone. On the same day, Senator Patty Murray (D-WA) added to the Democrats’ messages directed at Novartis.

“This arrangement raises serious concerns about the length Novartis was willing to go in order to curry favor with this Administration, and perhaps more troublingly, what it expected or was promised in return,” Murray’s letter says, according to a report from CNN.

Wyden writes:

Mr. Cohen’s firm is not a health care policy consultancy, nor is Mr. Cohen a registered lobbyist. He is the President’s personal attorney, and Essential Consultants reportedly claimed to be a real estate consulting company. Moreover, the amount of money that Novartis paid Mr. Cohen’s firm far exceeded what it paid any of the registered lobbying firms it engaged during the first 15 months of the Trump administration. Lobbying records maintained by the Secretary of the Senate show that Novartis paid 15 lobbying firms a total of $2.5 million during that period, and that no firm received more than $300,000. By comparison, Novartis rate of payment Mr.Cohen’s firm was equal to $300,000 every quarter for an entire year.

In an interview on CNN, Wyden basted the deal with Novartis.

“What America has seen here raises the specter of corruption at Novartis” the senator said Thursday, . “I want to know what Novartis thought it was buying for the $1.2 million.”

A spokesman for Novartis responded to a query from Endpoints News, noting: “We anticipated this letter which we just received and plan to fully cooperate.”

Novartis has mounted an energetic defense of CEO Vas Narasimhan since the issue first came to light earlier in the week. Executives have noted in a range of interviews with Stat and NBC and CBS that it was Joe Jimenez, the CEO until the beginning of February, who was contacted by Cohen and directed company officials to line up the relationship and start making payments.

The insider told STAT:

With a new administration coming in, basically, all the traditional contacts disappeared and they were all new players. We were trying to find an inroad into the administration. Cohen promised access to not just Trump, but also the circle around him. It was almost as if we were hiring him as a lobbyist.

Jimenez has not responded to several attempts to reach him, and a company spokesperson tells me they no longer have contact information.

Narasimhan has apologized to employees for getting caught in the political uproar.

“We made a mistake entering into this engagement and as a consequence are being criticized by a world that expects more from us,” Narasimhan wrote in a message to staffers. “Yesterday was not a good day for Novartis.”

But Wyden wants more than apologies. And the background explanation — following a revelation from Stormy Daniels’ attorney Michael Avenatti tying payments from Novartis, AT&T, and a Russian oligarch directly to Cohen — still leaves plenty of questions for elected officials to probe in the months ahead.

Novartis has considerable explaining left to do. And that means Narasimhan’s honeymoon period has been cut brutally short.
 






https://www.ft.com/content/2badfbe6-578f-11e8-bdb7-f6677d2e1ce8

Novartis draws attention of Swiss prosecutors over Michael Cohen deal
Federal and local authorities ‘in contact’ over possible concern at payments


Swiss public prosecutors have acknowledged possible concerns over $1.2m in payments that Novartis made to an entity owned by Donald Trump’s personal lawyer in the year following the president’s 2017 inauguration, adding to the pressure on the pharmaceuticals group over the controversial deal. The Swiss attorney-general’s office in Bern said on Monday it had “taken note” of reports about the deal Novartis had agreed and was “in contact” with prosecutors in Basel, where Novartis has its headquarters. But its statement added that “the federal prosecutor has not currently opened any criminal proceedings in this connection”. Officials said they could not discuss the case any further.
 






THE PHARMALOT VIEW
Novartis’ tone-deaf response to Michael Cohen: troubling, but not surprising
By ED SILVERMAN @Pharmalot

MAY 14, 2018

When Donald Trump’s lawyer, Michael Cohen, approached Novartis early last year to provide access to the new Trump administration, the company’s response was tone-deaf. But it was hardly a surprise.

The personal lawyer and “fixer” for the president came knocking as big drug makers were anxious about the future, since candidate Trump had lambasted them for through-the-roof prices. So former Novartis chief executive Joe Jimenez quickly authorized a one-year, $1.2 million deal. This was considerably more than Novartis typically paid Washington lobbyists. And it wasn’t for Cohen’s policy expertise — he knew nothing about health care.

Even so, the entreaty from Cohen was too good to pass up. Why reject a direct pipeline to someone who has Trump’s ear?

Yet the apparent lack of due diligence by Novartis underscores a disturbing pattern in which the company has repeatedly run into trouble by haphazardly tossing around money to win friends and boost business.

Consider the sorry trail over the past several years:

Last year, Novartis paid a $49 million fine in South Korea for bribing doctors to recommend its drugs. And a scandal erupted in Greece, where prosecutors investigated alleged bribes to public officials. In 2016, Novartis paid $25 million to settle charges that the company violated the U.S. Foreign Corrupt Practices Act by making illegal payments to health care providers in China. Bribes were allegedin Turkey, too.

In the U.S., Novartis faces a trial next year for allegedly running afoul of kickback laws by holding thousands of “sham” events to entice doctors to prescribe its medicines. Three years ago, the company reached a $390 million settlement with authorities for inducing specialty pharmacies to boost prescriptions. In 2010, Novartis struck a $422 million settlement, partly for paying kickbacks to doctors.

Even with that record, Novartis is hardly the only drug maker to get tagged for such behavior. In fact, the company’s actions reflect an unfortunate and cavalier “cost-of-doing-business” attitude that has permeated the pharmaceutical industry at large. And while the Cohen contract came under scrutiny by Special Counsel Robert Mueller, there is no indication — so far — that anything illegal occurred, even if the deal with Cohen was an old-fashioned, “pay-to-play” arrangement.

Nonetheless, Jimenez should have known better.

Consider this from a former chief lawyer at another large drug maker, who asked not to be named:

“I would have totally advised not entering into this agreement, even if Cohen knew something of substance” about health care, this individual told me. “The appearance of impropriety here is so great that it stinks to high heaven and fails the smell test to anybody with a functioning nose. What reasonable lawyer or business person could possibly fail to see that? … Were something like this to become public, as one would have to assume it would, the negative publicity would be a killer in its own right.”

Jimenez, for his part, has not responded to my requests for an interview.

There is speculation, though, that Jimenez was concerned with more than just high drug prices or getting on Trump’s good side.

In announcing a probe into the company Friday, Sen. Ron Wyden (D-Ore.) suggested that the contract may have been linked to a groundbreaking — and very pricey — cancer treatment that was due to be reviewed last year by the Food and Drug Administration. He also noted that Novartis subsequently held talks with the Centers for Medicare and Medicaid Services about a unique reimbursement deal for the medication.

This is a reasonable thought, but unlikely to tell the whole story. In fact, Novartis increased its overall lobbying spending in Congress last year to $8.8 million, up from $7 million in 2016. The same pattern occurred in the European Union, where Novartis spent about $2.7 million in 2017, up from approximately $2.1 million the year before on a wide range of issues.

Why Cohen specifically sought out Novartis is unclear.

Spokespeople for other large drug makers — GlaxoSmithKline, Roche, AstraZeneca, Pfizer, and Johnson & Johnson — tell me that Cohen did not approach their companies. Spokespeople for Merck, Eli Lilly, and Bristol-Myers Squibb did not respond when asked whether Cohen made any overtures. Cohen could not be reached for comment, and his attorneys did not reply to me.

Meanwhile, Jimenez’s successor, Vasant Narasimhan, who became chief executive this past February after running R&D operations at the company, has tried hard to distance himself. In an email to Novartis employees, he wrote that he was not involved with the contract. An official statement had the same message. And though Narasimhan was approached by Cohen, he let the one-year contract lapse.

Even if we take the new CEO at his word and give him credit for doing the right thing, it comes too late.

Novartis has a troubled past that can’t be erased with one gesture. And the payments to Cohen only reinforce perceptions that drug makers are all too willing to play sordid angles to achieve their goals.

By hiring Cohen, Novartis hoped the fix was in. Instead, all we have is more evidence of a broken system.
 






Why did Novartis pay Donald Trump’s lawyer $1.2 million? Look at its drug prices

Jay Hancock, Kaiser Health News

  • May 14, 2018

President Donald Trump didn’t mention Novartis or other drugmakers by name last year when he said the industry is “getting away with murder.”
Yet executives at the Switzerland-based pharmaceutical giant shelled out $1.2 million to Trump lawyer Michael Cohen to “advise” its executives on health policy and what was happening in the Trump White House.

Novartis paid more money to Cohen than did any of his clients revealed thus far.

The company said it quickly determined he was unable to deliver the help but paid the full amount owed in his contract. “We made a mistake” in hiring him, CEO Vasant Narasimhan told Novartis employees on Thursday.

Hiring the president’s personal attorney matches a history of aggressively courting government officials by a corporation with much to lose in the debate over high drug prices.

Novartis has nine blockbuster drugs generating around $1 billion or more in annual sales and priced so high in some cases that patients have trouble affording them even with insurance. Another nine drugs produce more than $500 million in sales.

High costs and copayments for Novartis’ Gleevec, which treats a form of leukemia, are associated with patients delaying or skipping doses, said researcher Stacie Dusetzina of Vanderbilt University.

Gleevec often must be taken for life and costs $148,000 a year — three times more than when it came out, according to Connecture, which provides technology to help people save money on prescriptions.

Novartis also makes drugs for psoriasis and multiple sclerosis that cost more than $100,000 a year. The price tag for Kymriah, a Novartis leukemia treatment approved last year, is $475,000.

The company earned $7.7 billion in profits last year on worldwide sales of $49 billion.

Novartis’ political action committee has been a sizable contributor on Capitol Hill, donating $204,500 last year to candidates for federal office and other political causes.

The company spent $8.8 million lobbying U.S. lawmakers in 2017, its highest amount ever, according to the Center for Responsive Politics. That doesn’t count the previously undisclosed payments to Cohen, which the company said were for consulting, not lobbying.

One issue that especially interests the company: the importation of drugs from Canada and other countries, which would undercut its high U.S. prices and badly hurt profits. Novartis sells its drugs for a fraction of U.S. prices in other developed countries. In 2015, Gleevec sold for $38,000 a year in Canada while a generic version of the same drug sold for only $8,800.

Importation was one of Novartis’ most lobbied issues last year.
 






Novartis Figuring Out How to Keep Brand Intact After Lobby Furor
CEO says company needs to regain public trust and rethink the way it does business with consulting firms, lobbyists and other business groups.
Bloomberg | May 15, 2018

Novartis needs to regain public trust and rethink the way it does business with consulting firms, lobbyists and other business groups.

A week after Novartis AG had to explain its entanglement in Special Counsel Robert Mueller’s investigation, CEO Vas Narasimhan dialed into a conference call of epic proportions.

On the receiving end: 5,000 of his top managers.

Narasimhan’s urgent message, according to a person familiar with the situation, was that Novartis needs to regain public trust and rethink the way it does business with consulting firms, lobbyists and other business groups.

That’s after the surprise disclosure that the Swiss pharmaceutical company paid $1.2 million to a consulting firm led by Donald Trump’s personal lawyer, Michael Cohen, an arrangement the CEO later called a mistake.

The CEO is preparing to meet investors at an event Wednesday in Novartis’s hometown of Basel. Novartis is completing a review to determine its next steps after an internal investigation -- conducted with outside advisers and completed in November -- found the company didn’t do anything illegal, said the person, who asked not to be named because the information isn’t public.

The controversy poses a challenge for Narasimhan, a 13-year company veteran who replaced Joe Jimenez atop the Swiss drugmaker in February. An American, Harvard-trained physician, Narasimhan is seeking to reshape Novartis’s culture after a series of allegations of improper sales practices, while accelerating efforts to find breakthrough products to replace aging blockbusters. Novartis declined to comment.

Narasimhan is grappling with questions about a one-year, $100,000-a-month agreement with Cohen’s Essential Consultants LLC that was aimed at gaining insight into health-care policies under the new administration. Novartis said that it hired the company in 2017, while Jimenez was still CEO. The drugmaker said that even though it determined after a single meeting that the firm would be unable to provide the services it anticipated and decided not to engage further, it was contractually bound to keep making monthly payments.

Bolstering Compliance

Narasimhan had no involvement in the arrangement with Cohen’s firm, Novartis said. The company had moved to bolster its compliance policies and team in recent months, elevating Shannon Klinger, the top compliance and ethics officer, to the executive committee.

Mueller’s investigators questioned Novartis in November, according to the company. Now, a key question the CEO faces is why it’s the only drugmaker that’s been drawn into the saga.

Jimenez, who couldn’t be reached for comment, was chosen in January 2017 as chairman-elect of Pharmaceutical Research and Manufacturers of America, the U.S. lobbying group. The former Novartis CEO was among top drug executives who met with the president in Washington in early 2017 to discuss drug pricing soon after Trump had declared that the industry was “getting away with murder.”

Lawmaker Letters

The president said last week he wants to increase competition, cut list prices and reduce patients’ out-of-pocket costs for U.S. patients. Still his plan doesn’t include some of the harshest steps the industry had feared, such as allowing the U.S. Medicare program to negotiate on drug prices.

Senator Ron Wyden last week asked Novartis’s CEO to explain what the drugmaker was hoping to achieve with its payments to Cohen. The Democrat from Oregon wrote in a letter to Narasimhan that at the time Novartis was paying Cohen, it was seeking approval and negotiating a payment deal with the U.S. government for cancer drug Kymriah that has a list price of $475,000.

Democratic Senators Elizabeth Warren of Massachusetts and Richard Blumenthal of Connecticut sent a letter to Narasimhan on May 14. saying that the payments appear to be “stunningly irresponsible” and demanding answers to questions about how they occurred. The lawmakers sent a similar letter to Randall Stephenson, chairman of AT&T Inc., which also made payments to Cohen.
 






Novartis sacrifices its top attorney in an attempt to quell clamor over $1.2M in Cohen payments — while ex-CEO Jimenez struggles to explain
by john carroll — on May 15, 2018 05:10 PM EDT
Updated: May 16, 2018 11:24 AM

Faced with a growing crisis over its $1.2 million in payments to President Donald Trump’s personal attorney Michael Cohen, Novartis announced early Wednesday that the company’s top lawyer has abruptly resigned in hopes of bringing the whole tawdry affair to an end.

“Although the contract (with Cohen) was legally in order, it was an error,” said Felix Ehrat, group general counsel of Novartis, in a statement. “As a co-signatory with our former CEO, I take personal responsibility to bring the public debate on this matter to an end.”

The chances of that happening, though, are zero. If anything, this move will only heighten pressure on Novartis to fully explain why it agreed to pay $1.2 million to an attorney whose only relevant attraction to the pharma giant was his close personal tie to the president. That remains the bottom line after ex-CEO Joe Jimenez gave an interview to Forbes’ Matthew Herper, where he struggled to explain why the company hired Cohen.

“If we were the experts on policy, he was the expert on the way that they think, together as a team it could be a way for us to better navigate what was going to be a pretty sticky Affordable Care Act Repeal-and-Replace,” Jimenez told Herper in the interview.

Jimenez also took “full responsibility,” saying that his replacement, Vas Narasimhan, was not involved. And he repeatedly emphasized the uncertainty around Trump’s election for the move to gain some clarity.

“He was one of the very few number of people who knew people in the administration,” Jimenez noted.

Ehrat’s sudden exit — as well as the Jimenez interview — underscore how deeply the company has been battered by the controversy and the growing list of questions Narasimhan still faces. Company execs had privately been pinning the blame on Jimenez, who stepped down from the CEO’s job at the end of January. Adding the general counsel to the list of responsible players — and sending him through the exits — does nothing to address the many questions the company faces , while clumsy attempts to apologize and refocus on the business underscore its inability to manage events.

The 41-year-old Narasimhan — who has never explained when he first heard about the Cohen deal — is still facing a drumbeat of ominous news.

We now hear that Switzerland’s Office of the Attorney General has been discussing the possibility of launching their own probe into the payments, though the officials there say that no formal probe is now underway. And two prominent Democratic senators, Elizabeth Warren and Richard Blumenthal, joined Ron Wyden and Patty Murray in scolding the company and asking some pointed questions about exactly why it paid Cohen that much and what it got in return.

“Given these ongoing matters, the unusual series of payments.by Novartis to the President’s personal attorney raise obvious questions about corruption and whether Novartis and the Trump Administration were engaged in a pay-for-play operation,” Warren and Blumenthal wrote, ahead of their list of queries.

While the din of disapproval rose around the Basel headquarters, Narasimhan himself reportedly took to the phone to tell thousands of the company’s managers that Novartis needs to clean up its act. According to a report from Bloomberg, Narasimhan told his managers by phone that the company had to move to rethink its relationship with lobbyists and regain the public’s trust.

Company execs knew back in November that they could face a hue and cry, when Robert Mueller’s team came in to ask questions about the relationship. Cohen himself has been at the center of a media circus surrounding the revelation that he had paid porn star Stormy Daniels $130,000 to keep quiet about an alleged affair with Trump — writing a check from the same shell company that Novartis paid into. But Novartis never disclosed anything about the federal investigation in public filings.

Exactly how Narasimhan plans to respond while remaining hunkered down inside the company’s walls, though, remains to be seen. Does the CEO — now stoutly defended by a phalanx of media contacts who insist the company will cooperate with all investigations — submit to a Q&A with a friendly or perhaps highly reputable media outlet? Does he start to publicly address the persistent questions surrounding Novartis payments? Does someone else get the ax?

Novartis recognizes it faces a crisis. But for now, there’s still no clear plan to deal with it in any kind of public way.
 






Honestly, the lobbyists who recommended this idea to Jimenez should be fired. It is really stupid. The GC in Switzerland took the fall but give me a break, do we really expect him to know who is a player in DC and who is not? AT&T fired its top lobbyist. I have no idea who Novartis' top lobbyist in DC is but he or she should be fired. This is beyond dumb. The lack of a firing means perhaps that he or she lobbied against it. In that case, they should get a raise.
 






Honestly, the lobbyists who recommended this idea to Jimenez should be fired. It is really stupid. The GC in Switzerland took the fall but give me a break, do we really expect him to know who is a player in DC and who is not? AT&T fired its top lobbyist. I have no idea who Novartis' top lobbyist in DC is but he or she should be fired. This is beyond dumb. The lack of a firing means perhaps that he or she lobbied against it. In that case, they should get a raise.


Novartis is explaining this issue as attempting to get insight to Trump. Could this be a smoke screen? Open your mind to what this payment might have been for. Novartis is attempting to make everyone focus on the insight to Trump while this payment might be for something specific. I just don't believe anything Novartis says so why should I believe what they are telling us the payment was for insight.
 






Honestly, the lobbyists who recommended this idea to Jimenez should be fired. It is really stupid. The GC in Switzerland took the fall but give me a break, do we really expect him to know who is a player in DC and who is not? AT&T fired its top lobbyist. I have no idea who Novartis' top lobbyist in DC is but he or she should be fired. This is beyond dumb. The lack of a firing means perhaps that he or she lobbied against it. In that case, they should get a raise.

The response was predictable and urgently rushed together along with Joe's less than stellar interview performance. This won't cut along with the daily evolving storyline the internal comms team is piecing together that seems to raise even more questions than answer.
 






Meanwhile back at Rancho Corrupto

Novartis, Par Hit With Pay-For-Delay Suit Over Exforge
By Dani Kass

(May 16, 2018, 7:59 PM EDT) -- Novartis Pharmaceuticals Corp. was able to keep a generic of its hypertension drug Exforge off the market for years by agreeing to let Par Pharmaceutical Inc. have six months of generic exclusivity, a deal that shunned competition and kept prices higher, according to a proposed class action filed in New York federal court Wednesday.

When Par filed its application to get its generic version of the drug approved, Novartis didn’t even sue for infringement, instead it immediately sought to reach an agreement outside of court
 






Cohen scandal disrupts ex-Novartis CEO's move to hedge fund board: WSJ
by Eric Sagonowsky
May 22, 2018 12:13pm

Before giving up the CEO job at Novartis, Joe Jimenez authorized a $1.2 million consulting deal with President Donald Trump's attorney Michael Cohen, which has put his successor on the defensive. (Novartis)

Novartis' ill-fated contract with President Donald Trump's personal attorney has not only bedeviled the global drug giant, it's also tripped up post-Novartis ambitions for former CEO Joe Jimenez, who authorized the Cohen deal.

Jimenez was set to join the board of leading hedge fund Bridgewater Associates, but the plans are on hold due to the scandal and fallout, according to the Wall Street Journal.

Bridgewater manages about $150 billion in assets for about 350 clients, according to its website, and believes in "radical truth and radical transparency" to achieve results. The company encourages employees to air disagreements and resolve differences to arrive at the best solution to problems.

The hedge fund had been in the process of bringing Jimenez on for a board spot, according to WSJ, but those plans have been tabled. The publication cited "people familiar with the matter" and reported that Jimenez could ultimately end up joining the fund.

News of the Novartis deal with Trump's attorney Michael Cohen broke early this month when Stormy Daniels' lawyer Michael Avenatti tweeted an "executive summary" about payments from the company and others to Cohen. Soon after, Novartis released a statement confirming it entered a healthcare consulting deal with Cohen in February 2017. After one meeting, the company determined Cohen was unable to provide services it desired.

Instead of canceling the contract, Novartis let it lapse and paid $100,000 per month through February 2018 for a total value of $1.2 million. Jimenez and outgoing general counsel Felix Ehrat signed the agreement.

In an interview with Forbes, Jimenez said Novartis hired Cohen because the attorney knew people inside the Trump Administration, and Novartis' regular consultants did not. The former helmsman cited uncertainty about healthcare reform after Trump's election as a driving force for the deal.

Novartis' legal team executed the deal without anyone who could have questioned the process, Jimenez told the publication. He said it was a mistake to move so fast and to let the deal lapse without terminating it for cause. It would have cost "substantially" more to terminate the contract rather than just make the monthly payments, he said.

RELATED: Novartis CEO scrambles 5,000 managers for damage control as Swiss prosecutors and U.S. lawmakers circle

In response to the Cohen scandal, Novartis' new CEO, Vas Narasimhan, wrote a memo to the company's employees calling the deal a "mistake" and said he's determined to persevere. He's also called thousands of company managers for a discussion about compliance and regaining public trust, according to Bloomberg. In the wake of the developments, lawmakers have called on the company to answer tough questions about the arrangement.

Aside from the Cohen episode, Novartis has been beset by scandal around the world in recent years. The drugmaker has paid fines for violations in China, South Korea and Japan, and a bribery investigation is underway in Greece. In the U.S., prosecutors are advancing with a case alleging a massive kickback scheme through tens of thousands of "sham" medical events.
 






Cohen scandal disrupts ex-Novartis CEO's move to hedge fund board: WSJ
by Eric Sagonowsky
May 22, 2018 12:13pm

Before giving up the CEO job at Novartis, Joe Jimenez authorized a $1.2 million consulting deal with President Donald Trump's attorney Michael Cohen, which has put his successor on the defensive. (Novartis)

Novartis' ill-fated contract with President Donald Trump's personal attorney has not only bedeviled the global drug giant, it's also tripped up post-Novartis ambitions for former CEO Joe Jimenez, who authorized the Cohen deal.

Jimenez was set to join the board of leading hedge fund Bridgewater Associates, but the plans are on hold due to the scandal and fallout, according to the Wall Street Journal.

Bridgewater manages about $150 billion in assets for about 350 clients, according to its website, and believes in "radical truth and radical transparency" to achieve results. The company encourages employees to air disagreements and resolve differences to arrive at the best solution to problems.

The hedge fund had been in the process of bringing Jimenez on for a board spot, according to WSJ, but those plans have been tabled. The publication cited "people familiar with the matter" and reported that Jimenez could ultimately end up joining the fund.

News of the Novartis deal with Trump's attorney Michael Cohen broke early this month when Stormy Daniels' lawyer Michael Avenatti tweeted an "executive summary" about payments from the company and others to Cohen. Soon after, Novartis released a statement confirming it entered a healthcare consulting deal with Cohen in February 2017. After one meeting, the company determined Cohen was unable to provide services it desired.

Instead of canceling the contract, Novartis let it lapse and paid $100,000 per month through February 2018 for a total value of $1.2 million. Jimenez and outgoing general counsel Felix Ehrat signed the agreement.

In an interview with Forbes, Jimenez said Novartis hired Cohen because the attorney knew people inside the Trump Administration, and Novartis' regular consultants did not. The former helmsman cited uncertainty about healthcare reform after Trump's election as a driving force for the deal.

Novartis' legal team executed the deal without anyone who could have questioned the process, Jimenez told the publication. He said it was a mistake to move so fast and to let the deal lapse without terminating it for cause. It would have cost "substantially" more to terminate the contract rather than just make the monthly payments, he said.

RELATED: Novartis CEO scrambles 5,000 managers for damage control as Swiss prosecutors and U.S. lawmakers circle

In response to the Cohen scandal, Novartis' new CEO, Vas Narasimhan, wrote a memo to the company's employees calling the deal a "mistake" and said he's determined to persevere. He's also called thousands of company managers for a discussion about compliance and regaining public trust, according to Bloomberg. In the wake of the developments, lawmakers have called on the company to answer tough questions about the arrangement.

Aside from the Cohen episode, Novartis has been beset by scandal around the world in recent years. The drugmaker has paid fines for violations in China, South Korea and Japan, and a bribery investigation is underway in Greece. In the U.S., prosecutors are advancing with a case alleging a massive kickback scheme through tens of thousands of "sham" medical events.

Ray Dalio understands optics.

Jimenez is now untouchable !