Wednesday, June 28, 2017
Cadden Seeks Prison Close to Home
By Walter F. Roche Jr.
Barry Cadden, the former drug company president recently sentenced to a nine year prison term, is asking the judge who sentenced him to recommend he serve his sentence close to his Wrentham, Mass. home.
In a motion filed this week, Cadden's lawyers asked U.S. District Judge Richard G. Stearns to recommend he be sent to the federal prison at Fort Devens, Mass., located in central Massachusetts.
Federal prosecutors, Cadden's lawyers acknowledged, oppose the request.
The Fort Devens facility is about 50 miles from Cadden's Wrentham home.
Cadden was given the nine year sentence on Monday following a lengthy hearing. He was convicted in late March on racketeering, conspiracy and mail fraud charges.
Cadden has been ordered to begin serving his sentence on Aug. 7. Under Stearns existing order it will be up to the federal Bureau of Prisons to determine where he will serve his sentence.
Stearns is also considering a motion by the U.S. Attorney to order Cadden to forfeit some $132.8 million.
During the Monday hearing Assistant U.S. Attorney Amanda Strachan stated that if the forfeiture order is granted, an effort would be made to distribute that money to the victims of the outbreak caused by contaminated drugs produced by Cadden's company, the New England Compounding Center.
Cadden's lawyers, however, have challenged the request charging that the forfeiture must be limited to the amount of money Cadden himself received as a result of the criminal acts he was convicted of.
"The government has not met its burden of proving the amount of proceeds Mr. Cadden obtained for the racketeering acts for which he was convicted," Cadden's filing states.
The $132.8 million figure claimed by prosecutors is the total amount NECC collected in revenue from 2006 to 2012.
Cadden, however, contends the forfeiture order should be limited to a little over $32,000, an amount based on the drugs specifically cited in the indictment.
The charges against Cadden stem from a two year federal probe of the 2012 fungal meningitis outbreak caused by contaminated drugs shipped by Cadden's company to health facilities across the country.
While Cadden was convicted on 57 counts, the jury acquitted him on 25 counts of second degree murder.