All Posts

Andrew S. Feldman and I obtained a rare Rule29 judgment of acquittal on the one major count at trial alleging that the client participated in a wire fraud conspiracy. The wire fraud conspiracy related entirely to the client’s supposed involvement in a fraudulent clinical trial for Asthma drugs sponsored by GlaxoSmith Kline. From 2014 until August of 2015, the client…

In United States ex rel, Sheldon v. Allergan Sales, LLC, the relator claimed that defendant drug manufacturer had engaged in an allegedly fraudulent price reporting scheme under the Medicaid Drug Rebate Statute.  Under the Rebate statute, drug manufacturers seeking to have drugs covered by Medicaid must enter into rebate agreements by which they provide quarterly rebates to states on sales…

Discovery violations and delays might result in the dismissal of a indictment involving a $500 million fraud.  This after the original indictment was dismissed without prejudice for similar issues.  United States v. Morgan, et al, 18-cr-108; 21-cr-00032 (W.D.N.Y.). In early May 2018, agents executed wide sweeping search warrants on the offices of Bob Morgan.  Computers, phones, servers, hard drives, and…

One of the first Department of Justice criminal antitrust cases targeting agreements in the labor market started yesterday.  The Indictment charges that DaVita (a kidney dialysis center) engaged in three agreements with competitors that prevented solicitation of each other’s executives.  The agreements also contained a “tell your boss” provision, which prevented the participants in the agreement from discussing employment opportunities…