OPINION & ORDER In this qui tam action, Relator Steven Camburn (“Relator”) alleges that Defendant Novartis Pharmaceuticals Corporation (“Novartis”) violated the Anti-Kickback Statute (“AKS”) and the False Claims Act (“FCA”) by operating a nationwide kickback scheme in which Novartis improperly induced physicians to prescribe Gilenya, a drug used to treat multiple sclerosis. Novartis has moved to dismiss Relator’s Third Amended Complaint (“TAC”) pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, Novartis’ motion is GRANTED, and the TAC is dismissed, with prejudice. BACKGROUND Relator brings a qui tam action against Novartis for violations of the AKS and FCA, alleging that Novartis operated a kickback scheme with a purpose of bribing physicians to prescribe Gilenya. Much of the procedural history of this action was reviewed in the Court’s prior ruling on the Amended Complaint (“AC”) and does not bear repeating in detail. (See Op. & Order, ECF No. 44.)1 Only the pertinent portions of this history and facts from the TAC are summarized below. I. Procedural History Relator initiated this lawsuit on behalf of the United States and several states and municipalities on May 31, 2013. (Compl., ECF No. 16.) Those governments subsequently declined to intervene, and the complaint was unsealed. (ECF Nos. 15, 18.) On September 10, 2018, Relator filed the AC, which Novartis moved to dismiss. (ECF Nos. 27-28.) On March 24, 2020, the Court dismissed the AC, holding that Relator had “not adequately pl[ed] the existence of a kickback scheme with sufficient particularity,” but granted Relator leave to amend his complaint. (Op. & Order at 13.) Relator filed a Second Amended Complaint (“SAC”) on May 15, 2020, which added, inter alia, statements from confidential witnesses. (ECF No. 47.) After Novartis’ discovery into these statements, Novartis informed Relator that there were mischaracterizations relating to the statements. (See Gruenstein Decl.
11-12, ECF No. 88; Miller Decl. 3, ECF No. 90.) On August 8, 2021 Novartis served Relator with a Rule 11 Notice of Motion for Sanctions. (Gruenstein Decl. 12.) Following extensive discussions, the parties agreed that Relator would file a TAC to address Novartis’ concerns, with the understanding that Novartis would move to dismiss. (See Gruenstein Decl.
