NECC Defendant Seeks Jail Release

By Walter F. Roche Jr.

Citing the ongoing coronavirus pandemic as a severe threat to his health and safety, a former pharmacist convicted in the aftermath of the 2012 fungal meningitis outbreak, is asking a federal judge to release him from prison and allow him to serve his remaining sentence under home confinement.
In a 19-page motion filed today in U.S. District Court in Boston, Mass. lawyers for Gene Svirskiy, 39, stated that one inmate at the federal prison where he is serving a 2.5 year sentence already has died from Covoid -19 and an employee at the facility has been diagnosed with the virus.
"The Covoid-19 pandemic poses a severe threat to Svirskiy," the motion filed by attorney Christopher Iaquinto states.
Svirskiy was convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act for his role at the New England Compounding Center, the company blamed for the deadly fungal meningitis outbreak. He has served more than 10 months of his sentence at the federal prison in Fort Devens, Mass.
In the motion for home confinement, Svirskiy states that he meets "every single criteria" set forth by U.S. Attorney General William Barr for the compassionate release of federal prisoners at risk for the pandemic.
The filing notes that an inmate at the facility tested positive for the virus on April 23 and had died by May 4.
Citing Svirskiy's "exemplary" record at the prison, the motion states that conditions at the facility place him at high risk for contracting the disease since inmates live in a crowded open dormitory. The motion states that Svirskiy's risk is even higher than other inmates due to his assignment to clean an administrative building at the prison. In addition he has been provided with only three face masks per month.
The motion also notes that due to restrictions imposed because of the pandemic Svirskiy has been unable to see his family in over two months.
According to the motion Svirskiy has agreed to self quarantine at his home with his wife and daughter for the remainder of his sentence. He is due for release on Aug. 26, 2021.
"He has demonstrated a viable re-entry plan" the motion concludes, and he poses "absolutely no danger to the community."
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