Svirskiy Release Flatly Denied

By Walter F. Roche Jr.

A federal judge has denied the request of a former druggist convicted of racketeering to be released from a federal prison over fears of infection with the coronavirus.
In a four-page order issued this week, U.S. District Judge Richard G. Stearns concluded that the law does not give him the authority to order the release of Gene Svirskiy, who was employed at the Massachusetts drug compounding firm blamed for the 2012 fungal meningitis outbreak, which ultimately killed over 100 patient.
Svirskiy, who is serving a 30 month sentence at the federal prison in Fort Devens, Mass., had cited a growing number of infected patients at the facility.
Federal prosecutors, however, countered noting that the infections were in the main prison at Fort Devens, not the adjacent prison camp where Svirskiy is located. There were no Covid-19 cases at the prison camp, according to prosecutors.
Stearns issued the ruling without granting a hearing as his lawyer had requested.
"I see no reason for a hearing on this matter," Stearns wrote.
Noting that Svirskiy was young and in good health, Stearns said he clearly did not fit into the category of elderly or ailing prisoners eligible for early release. He noted that under the law requests like Svirskiy's can be granted only "for extraordinary and compelling reasons."
He said Svirskiy is scheduled for on Aug. 26, 2021 and is likely to be eligible for a sentence reduction for good behavior. He said he had no reason to disagree with the assertion that Svirskiy was a model prisoner as his lawyer contended.
Svirkiy was convicted on racketeering, mail fraud and violations of the Food Drug and Cosmetic Act for his actions at the now defunct New England Compounding Center.
Stearns noted that Svirskiy was not implicated "in the safety lapses that led to the contamination of three deadly batches of drugs."
Svirsky had asked that he be released from prison and allowed to serve the remainder of his sentence under home confinement.
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