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No Murder Conviction for Compounding Pharmacy Owner
After 64 people died and nearly 700 more were sickened in 2012 after receiving injections of steroids prepared at the New England Compounding Center in Framingham, MA, prosecutors indicted the Center's owner, Barry J. Cadden, on almost 100 criminal counts. Included were 25 charges of second-degree murder. On March 21 of this year, a jury returned a verdict of not guilty on all murder charges, but found Cadden guilty of mail fraud and racketeering. Sentencing has been set for June 21.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.