Robert F. Kennedy Jr., President Trump’s choice for health secretary, is under scrutiny for a potential conflict of interest. If confirmed, he would oversee agencies regulating Merck, the pharmaceutical giant behind Gardasil, a vaccine that prevents HPV-related cancers. But here’s the twist: Kennedy stands to profit from lawsuits against Merck over the same vaccine.

According to an ethics agreement released Wednesday, Kennedy has earned over $2.5 million in the past two years from cases tied to Wisner Baum, a law firm suing Merck. He’s not directly involved in the lawsuits but receives a 10% cut of fees from cases he refers to the firm. That’s a lot more than the $200,000 salary he’d make as health secretary.

Kennedy, a vocal critic of vaccines, has long accused the pharmaceutical industry and government regulators of being too cozy. He’s promised to tackle what he calls “regulatory capture,” where industry interests influence public policy. Yet, his financial ties to lawsuits against Merck could complicate his ability to oversee the company fairly.

The ethics agreement allows Kennedy to keep his stake in cases unrelated to the federal government but requires him to divest from those involving federal programs, like the National Vaccine Injury Compensation Program.

As lawmakers review his nomination, this financial entanglement is sure to raise eyebrows. Can someone who profits from suing a drugmaker also regulate it? That’s the question at the heart of Kennedy’s confirmation battle.