Two former nursing home executives have agreed to pay $5 million to settle a whistleblower lawsuit involving long-term care pharmacy giant Omnicare Inc., according to the Chicago Tribune.

Philip Esformes and his father, Morris Esformes, were charged with accepting a multi-million dollar kickback from Omnicare in 2004. The kickback allegedly came as part of a $32 million payment for Total Pharmacy, which was partially owned by Philip Esformes. In exchange for the money, Omnicare secured pharmacy contracts with two dozen nursing homes affiliated with the Esformeses, the suit charged.

The two men reportedly agreed to settle on Tuesday, just six days before their federal trial was scheduled to begin in Chicago, the Tribune reported. A formal draft of the settlement must be approved by the U.S. Department of Justice and state agencies.

The whistleblower in the case, former Total Pharmacy employee Maureen Nehls, stands to receive up to 30% of the $5 million, according to the Tribune. Nehls will also get nearly 30% of a $17 million settlement with Omnicare.

Neither Philip nor Morris Esformes admits any wrongdoing under the settlement terms, lawyers for the men said.