SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
Current Report
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report: May 2, 2002
Express Scripts, Inc.
--------------------------------------------------------------------------------
(Exact Name of Registrant as specified in its Charter)
Delaware 0-20199 43-1420563
--------------------------------------------------------------------------------
(State or other jurisdiction (Commission File No.) (I.R.S. Employer
of corporation) Identification No.)
13900 Riverport Drive, Maryland Heights, Missouri 63043
--------------------------------------------------------------------------------
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (314) 770-1666
-----------------------------
--------------------------------------------------------------------------------
(Former name or former address, if changed since last report)
Item 5. Other Events
On April 22, 2002, Express Scripts received an administrative subpoena
duces tecum issued by the U.S. Attorney's Office in Boston, Massachusetts. On
April 26, 2002, a substantially identical subpoena was issued to Express
Scripts' wholly-owned subsidiary Diversified Pharmaceutical Services, Inc.
("DPS"). The Company has not been advised that it or DPS is a target of any
investigation. The subpoenas state that they are issued in connection with an
investigation of various health care offenses and other federal crimes. The
subpoenas ask for information pertaining to Express Scripts' and DPS'
relationship with TAP Pharmaceuticals, and specifically with respect to TAP's
two principal drugs, Lupron and Prevacid. The Company believes that its services
and business practices are in compliance with all applicable laws, rules and
regulations in all material respects, and it will cooperate in the
investigation. The Company cannot predict the outcome of the investigation at
this time; however, if Express Scripts were to become a target of the
investigation, an unfavorable outcome could result in the imposition of monetary
fines or penalties, or injunctive or administrative remedies.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
EXPRESS SCRIPTS, INC.
Date: May 2, 2002 By:
-------------------------------------
Barrett A. Toan
Chairman and Chief Executive Officer