Cadden Forfeiture $ Being Gathered

By Walter F. Roche Jr.

Federal officials have begun to take possession of nearly $7.5 million in funds from a former drug company executive who is now serving a nine-year sentence following his conviction on charges stemming from a deadly 2012 fungal meningitis outbreak.
Records filed last week in U.S. District Court in Boston, Mass. show the funds from investment and savings accounts formerly held by Barry J. Cadden are now in the control of the U.S. Marshall's service. The accounts totaling a little over $100,000, account for a small fraction of the nearly $7.5 million forfeiture order issued against Cadden following his conviction on racketeering and mail fraud charges.
The order was issued by U.S. District Judge Richard G. Stearns, who presided over Cadden's trial. In addition to investment and savings accounts the forfeiture order covers Cadden's Wrentham, Mass. estate which is now on the market for $2 million.
Cadden, 52, was president and part owner of the New England Compounding Center, the now defunct drug compounding company blamed for the 2012 fungal meningitis outbreak.
Under a settlement agreement with the U.S. Attorney's office, Cadden and his family agreed to put the Wrentham property on the market with some of the proceeds earmarked for forfeiture. Under the same agreement the Cadden family was allowed to keep possession of a coastal in North Kingston R.I. property in return for the payment of $369,000.
Just what will happen to all the forfeited funds once they are in the hands of federal officials remains uncertain. Prosecutors have stated that they hoped to use the monies to make further restitution to the hundreds of victims of the outbreak.
In any case Cadden has appealed the forfeiture order and that issue must be resolved before any funds can be distributed.
Cadden is serving a nine-year sentence at the federal prison in Loretto, PA. He was recently arraigned in Livingston County Michigan where he and co-defendant Glenn Chin have been charged with second degree murder in the deaths of 11 patients who died in the outbreak.
The forfeiture settlement includes payment of $13,387 in lieu of the seizure of Cadden's 2011 BMW and $9,200 in lieu of jewelry placed under the original seizure order and $7,500 in lieu of seizure of an antique clock.
The largest single item under the agreement is a payment of $882,201, representing 50 percent of a
bank account held by the Caddens.
The forfeited Cadden properties now on sale are located on Manchester Drive in Wrentham, Mass. They are assessed for a combined total of a little over $1.8 million.
The main house, according to real estate listings, has five bedrooms and nine baths. It was originally listed at just under $3 million.
Federal prosecutors also are seeking some $73 million in restitution from Cadden but Stearns has delayed action on that request until other defendants have their cases resolved.
The last two NECC defendants, Kathy S. Chin, the wife of Glenn Chin, and Michelle L. Thomas, are scheduled to go on trial at the end of next month. They were among 14 indicted by a federal grand jury in late 2014 following a two year probe of the outbreak which ultimately took the lives of more than 100 patients.
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Opiod Ban Article In PA.

https://www.pennlive.com/news/2019/03/painful-backlash-chronic-pain-sufferers-agonize-over-crackdown-on-opioids.html

Outbreak Victims Share $22 Million

By Walter F. Roche Jr.

The Massachusetts Attorney General's office has distributed some $22 million to victims of the 2012 fungal meningitis outbreak but time is running out for additional victims to claim an additional $18 million.
Aides to Maura Healey, the Massachusetts official, say they are continuing efforts to reach additional victims before Sept. 30 when any uncommitted funds must be returned to the federal government.
A total of $40 million was allocated by the U.S. Justice Department for victims of the outbreak which sickened some 800 patients, killing more than 100 of them. The outbreak was caused by steroids contaminated with deadly fungi produced by the now defunct New England Compounding Center.
The deadly steroids were shipped to health care providers across the country for injection into the spines and joints of unsuspecting patients.
Although the formal application deadline for victims to claim allocations from the fund expired on Dec. 30 of last year, Healey aides, working with the aid of federal law enforcement officials, have been conducting an outreach effort to contact victims who have yet to file a claim.
Many victims say they were reluctant to file claims for fear they might have to pay back the grant at a later date. Officials say that is not the case.
According to Healey's office, a total of $22 million has been distributed to date to over 500 victims. A total of 651 victims have been identified as eligible.
Under the program, victims can receive an initial grant of up to $25,000 and an additional $25,000 if certain conditions are met.
Victims can still fill out a grant application by contacting the program directly 617-573-5375 (toll free 844-315-0399).
The last minute contact effort comes as two NECC figures, Barry Cadden and Glenn Chin, are facing 11 counts of second degree murder in Livingston County Michigan. They are scheduled to appear at a preliminary hearing June 11.
Cadden was president and part owner of NECC, while Chin was a supervising pharmacist overseeing production of the deadly steroids.
The two already are serving federal jail terms following their conviction on racketeering and mail fraud charges.
Two additional NECC defendants are scheduled to go on trial April 29 in federal court in Boston, Mass. Five others are awaiting sentencing following their conviction late last year.
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Cadden Returned to PA Prison

By Walter F. Roche Jr.

One of the two former pharmacists accused of 11 counts of second degree murder has been returned to a federal prison in Pennsylvania where he is serving a nine year sentence following his conviction on racketeering and mail fraud charges.
Barry J. Cadden, 52, has returned to the federal prison in Loretto, PA., following his arraignment in Livingston County Michigan on the second degree murder charges.
Co-defendant Glenn Chin is apparently still en route from Michigan to the federal prison in Loretto, PA. He is serving an eight year sentence on racketeering and mail fraud charges.
Both were associated with the New England Compounding Center, the now shuttered Massachusetts drug compounding company that shipped thousands of vials of fungus riddled steroids to dozens of health facilities across the country. The company has been blamed for a 2012 fungal meningitis outbreak that took the lives of more than 100 patients.
Chin and Cadden are scheduled to return to Michigan for a June 11 hearing on the murder charges.
The second degree murder charges were filed in late 2018 by outgoing Michigan Attorney General Bill Schuette.
Cadden, 52, and Chin, 50, were charged with 25 counts of second degree racketeering murder charges by a federal grand jury, but two separate federal juries were unable to reach a unanimous verdict on those charges.
Cadden was the pharmacist in charge and part owner of NECC. Chin was a supervising pharmacist in the clean room where the fungus tainted steroids were prepared.
The two were housed at the Livingston County Jail during the arraignment and related Michigan roceedings. Officials at the county facility said last week that Cadden and Chin were released in the custody of a private transport company on contract to the federal government for transport to their federal prisons in Pennsylvania.
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Ex-NECC Defendants Back to Pa.

By Walter F. Roche Jr.

Two men facing second degree murder charges in Michigan are en route back to Pennsylvania to resume serving their prison sentences following their prior conviction on federal racketeering and mail fraud charges.
Glenn Chin, 50, and Barry Cadden, 52, were picked up by federal marshals Thursday night at the Livingston County jail. They were brought there to face second degree murder charges for their roles in a deadly 2012 fungal meningitis outbreak.
The two are scheduled to return to Michigan in June for another hearing on the 11 counts of second degree murder brought late last year by the outgoing Michigan Attorney General David Schuette.
Kelly Rossman McKinney, a spokesman for current Attorney General Dana Nessel, said the two were picked up last night by federal marshals.
Chin will be returned to the federal prison in Allenwood, Penn., while Cadden will be going back to the federal prison in Loretto.
Penn. There had been speculation that the two would be sent to a federal prison in Michigan to avoid the cost of transporting them back and forth to Pennsylvania.
In a related development this week a federal judge in Boston, Mass. heard arguments on appeals filed by other NECC defendants who are appealing their convictions late last year.
A total of 14 persons connected to the now shuttered New England Compounding Center were indicted in late 2014 following a two year probe of the outbreak. The trial of the last two defendants is scheduled for April 29 in U.S. District Court in Boston, Mass.

Cadden, Chin Location Uncertain

Michigan officials now say that Glenn Chin and Barry Cadden, who have been charged with multiple counts of second degree murder, spent Tuesday night at the Livingston County Jail and are slated to be returned to federal custody today.
The two were brought to Michigan to face charges of 11 counts of second degree murder.
A spokeswoman for the Michigan Attorney General said it was not immediately clear whether the two will be sent to a federal prison in Michigan or to federal prisons ion Pennsylvania.
The two were connected to the New England Compounding Center, the company that produced steroids contaminated with deadly fungi.
The steroids, prepared under Chin's supervision, sickened nearly 800 patients, killing more than 100 of them. The two are charged in the deaths of 11 Michigan patients who were injected with NECC steroids.
The two are due to appear for a June. 11 hearing on the Michigan charges.
Cadden and Chin were convicted on racketeering and mail fraud charges in separate trials in Boston, Mass. Caddcn was sentenced to a nine year sentence at the federal prison in Lorreto. Chin was given an eight year sentence at the federal prison in Allenwood, Pa.

Cadden, Chin to Stay In Michigan?

By Walter F. Roche Jr.

The exact whereabouts of two Massachusetts men charged with second degree murder in the wake of a deadly fungal meningitis outbreak remains somewhat of a mystery with officials from the same Michigan agency giving contradictory accounts of their location.
According to one account he will remain in Michigan for upcoming hearings in the murder case brought by the Michigan Attorney General.
That was the information passed along today to Michigan victims of the outbreak and their survivors.
Barry J. Cadden and Glenn Chin were brought to Michigan late last month from federal prisons in Pennsylvania where they are serving sentences following their conviction on racketeering and mail fraud charges.
But another official of the same agency, the Michigan Attorney General, said the two were sent back to federal prisons in Pennsylvania yesterday.
The online inmate locator for the federal Bureau of Prisons states that Cadden and Chin are "Not currently in BOP custody."
According to the email sent to victims, the two will be housed in federal prisons in Michigan pending the upcoming hearings. A hearing has been set for June 11. They were initially kept at the Livingston County Prison for arraignment and other preliminary proceedings.
The information was passed along to Donna Borton by state officials. Borton was one of the victims to attend the pre-trial hearings.(See email below)
A spokeswoman for the Michigan Attorney General said late today that she would try to clarify the matter tomorrow.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the outbreak. Chin was a supervising pharmacist at NECC in charge of the clean room where fungus riddled steroids were prepared.
Chin is serving an eight year sentence, while Cadden is serving a nine year sentence. They were convicted in U.S. District Court in Boston, Mass., but cleared of second degree murder/racketeering charges.
They are charged in the deaths of 11 Michigan patients;Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Plettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karine Baxter. The deaths of Madhouse, Malafouris and Barth were not included in the federal charges.
The two were cleared of 25 second degree murder racketeering charges in the federal cases.
In a related development today U.S. District Judge Richard G. Stearns heard arguments from prosecutors and a defense attorney on an appeal filed by another NECC defendant, Christopher Leary.
Leary and four other defendants were convicted late last year on racketeering and mail fraud charges.

______________________

Fungal meningitis in Austrailia

https://au.lifestyle.yahoo.com/hardest-day-life-aussie-mums-struggle-seriously-ill-daughter-husband-043016419.html

4th NECC Trial Delayed a Month

By Walter F. Roche Jr.

The trial of the two final defendants in the probe of a rogue Massachusetts drug compounding firm has been pushed back by a little over a month by the federal judge presiding over the case.
In a two-page order issued today in U.S. District Court in Boston Mass. U.S. District Judge Richard G. Stearns set an April 29 date for the trial of two former employees of the now defunct New England Compounding Center. Kathy S. Chin and Michelle L. Thomas were licensed pharmacists working at NECC. The jury trial was initially set for March 25.
The two were among 14 NECC connected defendants indicted in late 2014 following a two year probe of the fungal meningitis outbreak, which was caused by fungus riddled spinal steroids shipped from NECC to dozens of health providers across the country. Federal officials now say more than 100 patients injected with NECC's methylprednisolone acetate have died.
Though they were not involved in producing the deadly steroids, Thomas and Chin face multiple charges of violating the federal Food Drug and Cosmetic Act.
The two were assigned to give a final check of drugs produced at NECC and shipped across the country. According to the indictment the two approved for shipment drugs prescribed for plainly fictitious patients, including Donald Duck and Mickey Mouse.
Stearns initially dismissed the charges against the two, concluding that their tasks were largely clerical, but an appeals court reversed him and reinstated the charges.
Stearns order also sets an April 15 deadline for a series of pre-trial tasks to be completed including a list of witnesses prosecutors plan to call for testimony.
Among the 14 indicted were Glen Chin and Barry Cadden who are already serving prison sentences following their conviction on racketeering and mail fraud charges. The two also are facing second degree murder charges in Michigan brought by the state Attorney General. (Glenn Chin is the husband of Kathy Chin)
Cadden was president and part owner of NECC while Chin was a supervisory pharmacist in the clean room where the tainted steroids were prepared. Two separate federal juries acquitted the two on 25 counts of racketeering/second degree murder charges.
The two were brought to Michigan recently for arraignment on 11 counts each of second degree murder. They are expected to be returned to federal prisons in Pennsylvania this week. Chin is serving an eight year sentence, while Cadden has a nine year sentence.
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Chin, Cadden Waive Speedy Trial Rights

By Walter F. Roche Jr.

Appearing in orange jump suits and shackled, two Massachusetts men charged with 11 counts of second degree murder waived their rights to a speedy trial today in Livingston District Court in Michigan.
Glenn Chin and Barry Cadden appeared before Judge Shauna Murphy following their arraignment last week on the second degree murder charges.
The charges, filed late last year, stem from the state investigation of the 2012 fungal meningitis outbreak which led to the death of 23 Michigan patients.
Murphy set June 11 for a status conference on the case.
Cadden is represented by Gerald Gleeson while James Buttrey was appointed to represent Chin.
Several victims of the outbreak and survivors of victims who died were on hand for the session.
Chin and Cadden are expected to be returned to federal prisons in Pennsylvania where they are serving sentences following convictions on charges of racketeering and mail fraud.
Cadden is serving a nine year sentence at the federal prison in Loretto and Chin is serving an eight year sentence at the federal prison in Allenwood.
The two are charged in the Michigan case in the deaths of Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Plettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karine Baxter. The deaths of Madhouse, Malafouris and Barth were not included in the federal charges.
The two were cleared of second degree murder racketeering charges in the federal cases.
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Chin, Cadden Face Tuesday Hearing

UPDATED: HEARING IS TUESDAY, NOT MONDAY


By Walter F. Roche Jr.

Two Massachusetts pharmacists already serving federal prison terms will be facing two hearings in Michigan where they now face 11 counts each of second degree murder.
Barry J. Cadden and Glenn Chin are being held at the Livingston County Jail pending hearings on Tuesday.
According to the Michigan Attorney General's office the a Tuesday hearing will be a so-called probable cause session where a judge will determine if there is sufficient evidence for the cases to go forward.
The March 12 hearing will be a preliminary examination session, according to Kelly Rossman-McKinney, spokeswoman for Michigan Attorney General Dana Nessel.
The two were arraigned on the charges on Feb. 25 before Magistrate Jerry Sherwood.
The two defendants were brought to Michigan from separate federal prisons in Pennsylvania.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the 2012 fungal meningitis outbreak. Chin was a supervising pharmacist and oversaw operations in the clean room where fungus laced steroids were prepared. Over 100 patients died after being injected with the tainted medications.
Following the Michigan hearings Cadden will be brought back to the federal prison in Loretto, PA. where he is serving a nine year sentence following his conviction on racketeering and mail fraud charges.
Chin will be returning to the federal prison in Allenwood, PA. He is serving an eight year sentence following his conviction on the same charges as Cadden.
The two were cleared of federal second degree murder/racketeering charges in two separate trials.
The two are charged in the Michigan case in the deaths of Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Plettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karine Baxter.
Contact: wfrochejr999@gmail.com