Chin Guilty on Racketeering, Cleared of Murder

By Walter F. Roche Jr.

BOSTON- The pharmacist who compounded steroids that eventually killed 76 patients was convicted on racketeering, mail fraud and multiple other charges today but cleared on 25 counts of second degree murder.
The verdict, following three full days of deliberations, was delivered shortly before 6 p.m. Wednesday. The clerk read through several dozen charges, announcing guilty in each instance.
Chin was convicted on charges including conspiracy,  43 counts of mail fraud and 30 counts of introducing adulterated drugs into interstate commerce.
The verdict follows nearly five weeks of testimony, some of it detailing the deaths of victims, many stricken with fungal meningitis after being injected with methylprednisolone acetate heavily contaminated fungus.
The outbreak first surfaced in Nashville in the Fall of 2012 when a Vanderbilt physician discovered her patient was suffering from an extremely rare form of fungal meningitis. That victim, Thomas Rybinski, was one of the first of 16 to die in Tennessee. Other hard hit states were Michigan, Indiana and Virginia.
"There is no celebration," said Stephen Yarmouth, Chin's attorney, who noted that but for the second degree murder counts and some racketeering charges, his client was found guilty of dozens of other charges."
"Chin is not responsible for the deaths," he said, adding that his client was remorseful.
Acting U.S. Attorney William Weinreb said,"Mr. Chin ran NECC's clean room operations with depraved disregard for human life."
Victims of the  outbreak expressed disappointment and anger, but not surprise at the verdict.
"What can I say, once again there is no justice for us and a slap on the hand for the bad guy," said Susan Edwards, a Minnesota victim of the outbreak.
"I am beyond saddened with what can be done to people today and it's okay," said Dawn Elliott, an Indiana victim.
Chin's verdict mirrors, though not precisely, the verdict against codefendant Barry J. Cadden, who like Chin was convicted on mail fraud and related charges but cleared of the same 25 second degree murder  counts. Cadden already has begun serving a nine-year prison sentence,
Both were charged in the deaths of victims from Tennessee, Virginia, Michigan, Indiana, Florida, North Carolina and Maryland.
The case was somewhat unusual in that both sides were given time limits to present their cases. The limits were imposed by Stearns in apparent reaction to the unusual length of the Cadden trial.
In Chin's case prosecutors presented a parade of witnesses testifying about the contamination found in NECC's drugs and the bacteria and fungus found in and around NECC's clean rooms where sterile drugs were being compounded, including the spinal steroid blamed for the outbreak.
Their testimony was augmented by former NECC employees, including the firm's sole quality control officer who testified that her warnings about contamination went totally unheeded.
 One former technician was highly critical of Chin's abilities and actions. That same witness told jurors his own brother was working under Chin in an NECC cleanroom even though he was no longer registered to do so.
Weymouth countered by stressing that the teams of microbiologists and investigators combing through NECC's facilities never found even a trace of the exact fungi that killed 76 patients. He said federal investigators inexplicably rushed their investigation dooming efforts to ever identify the actual cause.
Chin did not testify in his own defense nor did his lawyers present a single witness. Instead Weymouth read an excerpt from the prosecution's closing statement in the trial of co-defendant Barry J. Cadden. In it prosecutors said that NECC was "Cadden's baby" and that he was "the conductor" who controlled everything at the drug compounding firm.
In closing arguments as well as throughout the trial, Cadden's lawyers pointed to Cadden as the decisionmaker, even suggesting that Chin and the sole quality control officer were chosen for key roles not at all for competence but for their willingness to say yes.
Chin was indicted along with 13 others in late 2014 following a two year federal grand jury probe of the 2012 fungal meningitis outbreak which sickened at least 780 patients  in 13 states. Seventy-six of them died.  Two additional victims were recently added to the list of those made ill.
Cadden went on trial in January in a marathon case finally ending in late March. He was convicted of racketeering, mail fraud and violations of the Food Drug and Cosmetic Act. The jury acquitted him on the 25 counts of second degree murder.
Douglas and Carla Conigliaro pleaded guilty to vastly reduced charges relating to their handling of some of NECC's profits. They were given probation. Carla, who was NECC's majority stockholder was fined $4,500 and ordered to forfeit $4,600. Douglas was fined $55,000 and forfeited $119,647.
Chin's wife Kathy was one of two of the original 14 to have the charges dismissed. Charges were also dismissed against Michelle Thomas. The dismissal is on appeal.
Robert Ronzio, NECC's sales chief has entered a guilty plea to conspiracy charges but has yet to be sentenced.
Chin's sentencing is set for Jan. 30.
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