NECC Defendant Seeks Home Confinement

By Walter F. Roche Jr.

A convicted pharmacist who could face up to 20 years in jail for racketeering, mail fraud and related charges, is asking a federal judge to sentence him to one year of home confinement, two years of probation and 500 hours of community service.
Citing his client's endorsement by a current member of the Massachusetts Board of Pharmacy, attorney Jeremy Sternberg said Gene Svirskiy deserves a sentence that will keep him in the community.
Svirskiy was one of five people connected to the New England Compounding Center who were convicted late last year. He was convicted of racketeering, conspiracy, 10 counts of mail fraud and two counts of introducing adulterated drugs into state commerce.
In a 37-page sentencing memorandum filed in Svirskiy's behalf, Sternberg said his client should get a sentence which "while punitive allows him to remain a vital member of his profession and his community."
Svirskiy, 37, a resident of Ashland, Mass. worked at the New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak caused by fungus tainted steroids. Svirskiy, however, was charged for his role in NECC's production of other drugs including long outdated methotrexate, an anti-cancer drug and an antibacterial drug shipped before testing to a New York hospital.
The memorandum repeatedly cites Svirskiy's relation with Andrew Stein, a member of the state pharmacy board. Stein also wrote a letter to the judge in support of Svirskiy in which he stated he would hire Svirskiy on the spot for work at compounding pharmacies he owns.
In fact Svirskiy worked for Stein following his indictment in late 2014 and, according to the memo, worked for him up until his 2018 conviction. Svirskiy was barred under a court order from engaging in sterile compounding.
The memo also noted Svirskiy was not an owner of NECC and stated,"Nothing Gene did at any time at NECC caused harm to any patient."
Citing his client's volunteer work in the community, the memo states, "Gene is completely rehabilitated and is at no risk for recidivism."
The memo also contends that the state of drug compounding has changed since 2012 when Svirskiy last worked at NECC.
"There is a wide gulf between what was known and accepted then as opposed to now," the filing states.
Sternberg also argued that all the operations at NECC were closely overseen by NECC's president, Barry Cadden and Supervising Pharmacist Glenn Chin, both of whom are now serving prison terms following conviction on racketeering and mail fraud charges.
Citing Svirskiy's actions before and after his NECC employment, the memo states that the offenses Svirskiy committed were "out of step with the person he was before he took a job at NECC."
The memo also minimizes Svirskiy's role in supervising an unregistered pharmacy technician, citing that technician's skill
Finally the memo notes the case of a Tennessee pharmacist who was charged with producing contaminated compounded drugs that did actually harm patients. That defendant was sentenced to probation with no jail time.
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