By Walter F. Roche Jr.
The convicted pharmacist and drug executive facing a nine-year jail term says any money forfeiture should be limited to a little under $250,000 and not the $75 million sought by federal prosecutors.
In a 10-page filing in U.S. District Court in Boston, Mass., Barry J. Cadden's lawyers also argued that the court does not even have jurisdiction to order forfeiture because Cadden has filed formal notice that he is appealing his conviction to the 1st Circuit Court of Appeals.
Cadden contends in the filing that the total proceeds from the racketeering activities on which he was convicted were only about $1.4 million, not the $75 million claimed by federal prosecutors.
"The appropriate starting point for the court's forfeiture calculation is the analysis the court undertook for determining the loss amount for the purpose of sentencing," the filing states.
In addition Cadden's lawyer charged that the government ignored a recent U.S. Supreme Court ruling placing limits on some forfeiture orders.
"The government makes no genuine attempt to satisfy the rule of proportionality," the filing continues, noting that Cadden only owned 17.5 percent of the New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak.
"The NECC enterprise is defunct and Mr. Cadden has no interest in it," the filing states.
Cadden has been ordered to report to the federal Bureau of Prisons on Aug. 7 to begin serving his sentence. He was convicted on March 22 of 57 counts of racketeering, conspiracy and mail fraud.
Cadden has asked to serve his sentence at a federal prison in central Massachusetts.not far from his Wrentham, Mass. home.