Ex-Glaxo Lawyer s Wins Dismissal of U.S. False-Statements Indictment

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Ex-Glaxo Lawyer s Wins Dismissal of U.S. False-Statements Indictment

By Tom Schoenberg -

Mar 23, 2011 9:15 PM GMT

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An ex-GlaxoKline Plc (GSK) lawyer won dismissal of a false-statements case as a judge ruled prosecutors misinformed the grand jury that indicted her.

The lawyer, s, asked U.S. District Judge Titus to dismiss the case at a hearing last week in Greenbelt, land. He ruled in her favor today.

s argued that prosecutors improperly told grand jurors that a defense based on her claim that she relied on advice of counsel "was not relevant" to whether to indict.

s was charged with obstructing an investigation into whether Glaxo marketed the antidepressant Wellbutrin for unapproved uses. She based her defense on the claim that, in responding to a Food and Drug Administration inquiry, she took the advice of the law firm King & Spalding, her attorney Reid Weingarten said at the hearing.

The government said she withheld slide sets used by speakers at Wellbutrin promotion events and information on compensation for event attendees, according to Titus's decision. The judge said her reliance on lawyers' advice might negate the accusation that she intended to break the law.

Prosecutors said in court that if Titus threw out the indictment, they would seek another one. s was scheduled to go to trial on April 5.

"The department will not have any comment," said Jasperse, the Justice Department attorney prosecuting the case. Titus dismissed the indictment without prejudice, meaning prosecutors can seek a new indictment.

No Deliberate Misleading

"This is not a case in which the government attempted to affirmatively mislead the grand jury to obtain an indictment -- rather it is a case in which prosecutors simply misinstructed the grand jury on the law," Titus said.

s was charged with one count of obstructing an official proceeding, one count of falsifying and concealing documents and four counts of making false statements.

The first two charges carry maximum prison terms of 20 years, and the others carry terms of five years.

Prosecutors contend that s, who lives in Durham, North Carolina, "engaged in a yearlong effort" to deceive the FDA about the company's off-label marketing campaign for Wellbutrin.

Under U.S. law, drug companies aren't allowed to promote a drug for a use not approved by the FDA.

In response to regulators' request for information about Wellbutrin's marketing in October 2002, s allegedly sent a series of letters "that falsely denied the company had promoted the drug for off-label uses, even though she knew" the drugmaker had sponsored such marketing programs, prosecutors said in court filings.

The case is U.S. v. s, 10-cr-694, U.S. District Court, District of land (Greenbelt).

To contact the reporter on this story: Tom Schoenberg in Washington at tschoenberg@....

To contact the editor responsible for this story: Rovella at drovella@....

[Guest guest]

Ex-Glaxo Lawyer s Wins Dismissal of U.S. False-Statements Indictment

By Tom Schoenberg -

Mar 23, 2011 9:15 PM GMT

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An ex-GlaxoKline Plc (GSK) lawyer won dismissal of a false-statements case as a judge ruled prosecutors misinformed the grand jury that indicted her.

The lawyer, s, asked U.S. District Judge Titus to dismiss the case at a hearing last week in Greenbelt, land. He ruled in her favor today.

s argued that prosecutors improperly told grand jurors that a defense based on her claim that she relied on advice of counsel "was not relevant" to whether to indict.

s was charged with obstructing an investigation into whether Glaxo marketed the antidepressant Wellbutrin for unapproved uses. She based her defense on the claim that, in responding to a Food and Drug Administration inquiry, she took the advice of the law firm King & Spalding, her attorney Reid Weingarten said at the hearing.

The government said she withheld slide sets used by speakers at Wellbutrin promotion events and information on compensation for event attendees, according to Titus's decision. The judge said her reliance on lawyers' advice might negate the accusation that she intended to break the law.

Prosecutors said in court that if Titus threw out the indictment, they would seek another one. s was scheduled to go to trial on April 5.

"The department will not have any comment," said Jasperse, the Justice Department attorney prosecuting the case. Titus dismissed the indictment without prejudice, meaning prosecutors can seek a new indictment.

No Deliberate Misleading

"This is not a case in which the government attempted to affirmatively mislead the grand jury to obtain an indictment -- rather it is a case in which prosecutors simply misinstructed the grand jury on the law," Titus said.

s was charged with one count of obstructing an official proceeding, one count of falsifying and concealing documents and four counts of making false statements.

The first two charges carry maximum prison terms of 20 years, and the others carry terms of five years.

Prosecutors contend that s, who lives in Durham, North Carolina, "engaged in a yearlong effort" to deceive the FDA about the company's off-label marketing campaign for Wellbutrin.

Under U.S. law, drug companies aren't allowed to promote a drug for a use not approved by the FDA.

In response to regulators' request for information about Wellbutrin's marketing in October 2002, s allegedly sent a series of letters "that falsely denied the company had promoted the drug for off-label uses, even though she knew" the drugmaker had sponsored such marketing programs, prosecutors said in court filings.

The case is U.S. v. s, 10-cr-694, U.S. District Court, District of land (Greenbelt).

To contact the reporter on this story: Tom Schoenberg in Washington at tschoenberg@....

To contact the editor responsible for this story: Rovella at drovella@....

[Guest guest]

Ex-Glaxo Lawyer s Wins Dismissal of U.S. False-Statements Indictment

By Tom Schoenberg -

Mar 23, 2011 9:15 PM GMT

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An ex-GlaxoKline Plc (GSK) lawyer won dismissal of a false-statements case as a judge ruled prosecutors misinformed the grand jury that indicted her.

The lawyer, s, asked U.S. District Judge Titus to dismiss the case at a hearing last week in Greenbelt, land. He ruled in her favor today.

s argued that prosecutors improperly told grand jurors that a defense based on her claim that she relied on advice of counsel "was not relevant" to whether to indict.

s was charged with obstructing an investigation into whether Glaxo marketed the antidepressant Wellbutrin for unapproved uses. She based her defense on the claim that, in responding to a Food and Drug Administration inquiry, she took the advice of the law firm King & Spalding, her attorney Reid Weingarten said at the hearing.

The government said she withheld slide sets used by speakers at Wellbutrin promotion events and information on compensation for event attendees, according to Titus's decision. The judge said her reliance on lawyers' advice might negate the accusation that she intended to break the law.

Prosecutors said in court that if Titus threw out the indictment, they would seek another one. s was scheduled to go to trial on April 5.

"The department will not have any comment," said Jasperse, the Justice Department attorney prosecuting the case. Titus dismissed the indictment without prejudice, meaning prosecutors can seek a new indictment.

No Deliberate Misleading

"This is not a case in which the government attempted to affirmatively mislead the grand jury to obtain an indictment -- rather it is a case in which prosecutors simply misinstructed the grand jury on the law," Titus said.

s was charged with one count of obstructing an official proceeding, one count of falsifying and concealing documents and four counts of making false statements.

The first two charges carry maximum prison terms of 20 years, and the others carry terms of five years.

Prosecutors contend that s, who lives in Durham, North Carolina, "engaged in a yearlong effort" to deceive the FDA about the company's off-label marketing campaign for Wellbutrin.

Under U.S. law, drug companies aren't allowed to promote a drug for a use not approved by the FDA.

In response to regulators' request for information about Wellbutrin's marketing in October 2002, s allegedly sent a series of letters "that falsely denied the company had promoted the drug for off-label uses, even though she knew" the drugmaker had sponsored such marketing programs, prosecutors said in court filings.

The case is U.S. v. s, 10-cr-694, U.S. District Court, District of land (Greenbelt).

To contact the reporter on this story: Tom Schoenberg in Washington at tschoenberg@....

To contact the editor responsible for this story: Rovella at drovella@....

[Guest guest]

Ex-Glaxo Lawyer s Wins Dismissal of U.S. False-Statements Indictment

By Tom Schoenberg -

Mar 23, 2011 9:15 PM GMT

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An ex-GlaxoKline Plc (GSK) lawyer won dismissal of a false-statements case as a judge ruled prosecutors misinformed the grand jury that indicted her.

The lawyer, s, asked U.S. District Judge Titus to dismiss the case at a hearing last week in Greenbelt, land. He ruled in her favor today.

s argued that prosecutors improperly told grand jurors that a defense based on her claim that she relied on advice of counsel "was not relevant" to whether to indict.

s was charged with obstructing an investigation into whether Glaxo marketed the antidepressant Wellbutrin for unapproved uses. She based her defense on the claim that, in responding to a Food and Drug Administration inquiry, she took the advice of the law firm King & Spalding, her attorney Reid Weingarten said at the hearing.

The government said she withheld slide sets used by speakers at Wellbutrin promotion events and information on compensation for event attendees, according to Titus's decision. The judge said her reliance on lawyers' advice might negate the accusation that she intended to break the law.

Prosecutors said in court that if Titus threw out the indictment, they would seek another one. s was scheduled to go to trial on April 5.

"The department will not have any comment," said Jasperse, the Justice Department attorney prosecuting the case. Titus dismissed the indictment without prejudice, meaning prosecutors can seek a new indictment.

No Deliberate Misleading

"This is not a case in which the government attempted to affirmatively mislead the grand jury to obtain an indictment -- rather it is a case in which prosecutors simply misinstructed the grand jury on the law," Titus said.

s was charged with one count of obstructing an official proceeding, one count of falsifying and concealing documents and four counts of making false statements.

The first two charges carry maximum prison terms of 20 years, and the others carry terms of five years.

Prosecutors contend that s, who lives in Durham, North Carolina, "engaged in a yearlong effort" to deceive the FDA about the company's off-label marketing campaign for Wellbutrin.

Under U.S. law, drug companies aren't allowed to promote a drug for a use not approved by the FDA.

In response to regulators' request for information about Wellbutrin's marketing in October 2002, s allegedly sent a series of letters "that falsely denied the company had promoted the drug for off-label uses, even though she knew" the drugmaker had sponsored such marketing programs, prosecutors said in court filings.

The case is U.S. v. s, 10-cr-694, U.S. District Court, District of land (Greenbelt).

To contact the reporter on this story: Tom Schoenberg in Washington at tschoenberg@....

To contact the editor responsible for this story: Rovella at drovella@....

[Guest guest]

Without prejudice means new and improved lawsuit, we

hope.

Jim

On 3/24/2011 4:16 AM, jeremy9282 wrote:

Ex-Glaxo Lawyer s Wins Dismissal of U.S.

False-Statements Indictment

By Tom

Schoenberg -

Mar 23, 2011 9:15 PM GMT

inShare1

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Business

Exchange

Buzz up!

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An ex-GlaxoKline

Plc (GSK) lawyer won dismissal of a

false-statements case as a judge ruled prosecutors misinformed

the grand jury that indicted her.

The lawyer, s, asked U.S. District Judge

Titus to dismiss the case at a hearing last week in Greenbelt,

land. He ruled in her favor

today.

s argued that prosecutors improperly told grand jurors

that a defense based on her claim that she relied on advice of

counsel "was not relevant" to whether to indict.

s was charged with obstructing an investigation into

whether Glaxo marketed the antidepressant Wellbutrin for

unapproved uses. She based her defense on the claim that, in

responding to a Food and Drug Administration inquiry, she took

the advice of the law firm King & Spalding, her attorney

Reid Weingarten said at the hearing.

The government said she withheld slide sets used by speakers

at Wellbutrin promotion events and information on compensation

for event attendees, according to Titus's decision. The judge

said her reliance on lawyers' advice might negate the

accusation that she intended to break the law.

Prosecutors said in court that if Titus threw out the

indictment, they would seek another one. s was scheduled

to go to trial on April 5.

"The department will not have any comment," said

Jasperse, the Justice Department attorney prosecuting the

case. Titus dismissed the indictment without prejudice,

meaning prosecutors can seek a new indictment.

No Deliberate Misleading

"This is not a case in which the government attempted to

affirmatively mislead the grand jury to obtain an indictment

-- rather it is a case in which prosecutors simply

misinstructed the grand jury on the law," Titus said.

s was charged with one count of obstructing an official

proceeding, one count of falsifying and concealing documents

and four counts of making false statements.

The first two charges carry maximum prison terms of 20 years,

and the others carry terms of five years.

Prosecutors contend that s, who lives in Durham, North Carolina,

"engaged in a yearlong effort" to deceive the FDA about the

company's off-label marketing campaign for Wellbutrin.

Under U.S. law, drug companies aren't allowed to promote a

drug for a use not approved by the FDA.

In response to regulators' request for information about

Wellbutrin's marketing in October 2002, s allegedly sent

a series of letters "that falsely denied the company had

promoted the drug for off-label uses, even though she knew"

the drugmaker had sponsored such marketing programs,

prosecutors said in court filings.

The case is U.S. v. s, 10-cr-694, U.S. District Court,

District of land (Greenbelt).

To contact the reporter on this story: Tom Schoenberg in Washington

at tschoenberg@....

To contact the editor responsible for this story:

Rovella at drovella@....