By Walter F. Roche Jr.
Prosecutors and the lawyer for a key witness in the criminal probe of the deadly fungal meningitis outbreeak are once again seeking an indefinite delay in his sentencing.
In a three-page filing today in U.S. District Court in Boston, Mass. the opposing lawyers are asking U.S. District Court Judge Richard G. Stearns to postpone indefinitely the sentencing of Robert A. Ronzio.
Ronzio was the chief prosecution witness in a series of criminal trials stemming from the 2012 fungal meningitis outbreak.
Ronzio had been scheduled to be sentenced on Aug. 18, but the joint motion asks that the session be postponed until the 1st Circuit Court of Appeals acts on a closely related case involving two co-defendants, Gregory Conigliaro and Sharon Carter.
All three were employed by the New England Compounding Center, the company that shipped contaminated methylprednisolone acetate all over the country, eventually ending the lives of more than 100 patients.
It was Stearn, who on June 11, 2019 acquitted Conigliaro and Carter of the charge that they conspired to defraud the U.S. Food and Drug Administration. Ronzio, who was NECC's sales director, already had pleaded guilty to the same charge in a plea deal with prosecutors.
The pending appeal seeks to have the acquittal reversed and the jury's guilty verdict against the two restored.
Stearns previously rejected a nearly identical motion for an indefinite postponement when he set the Aug. 18 date. There have now been over a half dozen delays in Ronzio's sentencing.
Contact: wfrochejr999@gmail.com
Wednesday, June 30, 2021
Monday, June 28, 2021
Chin Appeal Filed on Murder Charges
By Walter F. Roche Jr.
Conceding that his clean room was not all that clean, lawyers for a former pharmacist charged with second degree murder say prosecutors have failed to satisfy a key element of state law, a specific act of the defendant that caused 11 deaths.
In a 19-page filing with the Michigan Supreme Court, lawyers for Glenn Chin said they wouldn't even dispute the prosecution's claim that their client demonstrated "a wonton and willful disregard of sanitary standards."
Chin and co-defendant Barry Cadden have been charged with the 11 counts of second degree murder as a result of their roles in the 2012 fungal meningitis outbreak. Both are now asking the state's highest court to effectively dismiss the case due to a lack of evidence.
Stating that the prosecution hasn't even tried to identify a specific act by Chin that caused the drugs to become contaminated with deadly fungus, Chin's appeal notes repeatedly that even the prosecution's own evidence show the drug, methylprednisolone acetate, was sterile when it left his control.
Describing the process by which the drugs were produced and placed in vials for shipment, the appeal states, "Something really bad happened somewhere in this chain."
Kevin Gentry, Chin's lead apellate attorney, wrote that prosecutors were attempting to cover up their lack of causal evidence "with a sense of generic responsibility."
The filing describes the history of the case, including the recent Appeals Court decision denying Chin's claim that the case should never be placed before a jury.
Charging that prosecutors in the state Attorney General's office made "a gigantic assumption," the appeal states there was "no evidence at all that defendant Chin caused the contamination or deaths."
The appeal includes a call for "immediate action, noting that Chin already has been confined in the Livingston County Jail for an extended period of time.
Chin and Cadden were previously convicted in U.S. District Court in Boston, Mass. on charges of racketeering, conspiracy and mail fraud. Cadden has been serving a nine-year federal sentence, while Chin was given an eight year sentence.
Regardless of the outcome of the Michigan case, the two could have their federal sentences increased to 17.5 years under a motion set to be heard next month in Boston before U.S. District Court Judge Richard G. Stearns.
Two separate federal juries declined to convict the two of second degree murder as part of a racketeering charge.
Contact: wfrochejr999@gmail.com
Conceding that his clean room was not all that clean, lawyers for a former pharmacist charged with second degree murder say prosecutors have failed to satisfy a key element of state law, a specific act of the defendant that caused 11 deaths.
In a 19-page filing with the Michigan Supreme Court, lawyers for Glenn Chin said they wouldn't even dispute the prosecution's claim that their client demonstrated "a wonton and willful disregard of sanitary standards."
Chin and co-defendant Barry Cadden have been charged with the 11 counts of second degree murder as a result of their roles in the 2012 fungal meningitis outbreak. Both are now asking the state's highest court to effectively dismiss the case due to a lack of evidence.
Stating that the prosecution hasn't even tried to identify a specific act by Chin that caused the drugs to become contaminated with deadly fungus, Chin's appeal notes repeatedly that even the prosecution's own evidence show the drug, methylprednisolone acetate, was sterile when it left his control.
Describing the process by which the drugs were produced and placed in vials for shipment, the appeal states, "Something really bad happened somewhere in this chain."
Kevin Gentry, Chin's lead apellate attorney, wrote that prosecutors were attempting to cover up their lack of causal evidence "with a sense of generic responsibility."
The filing describes the history of the case, including the recent Appeals Court decision denying Chin's claim that the case should never be placed before a jury.
Charging that prosecutors in the state Attorney General's office made "a gigantic assumption," the appeal states there was "no evidence at all that defendant Chin caused the contamination or deaths."
The appeal includes a call for "immediate action, noting that Chin already has been confined in the Livingston County Jail for an extended period of time.
Chin and Cadden were previously convicted in U.S. District Court in Boston, Mass. on charges of racketeering, conspiracy and mail fraud. Cadden has been serving a nine-year federal sentence, while Chin was given an eight year sentence.
Regardless of the outcome of the Michigan case, the two could have their federal sentences increased to 17.5 years under a motion set to be heard next month in Boston before U.S. District Court Judge Richard G. Stearns.
Two separate federal juries declined to convict the two of second degree murder as part of a racketeering charge.
Contact: wfrochejr999@gmail.com
Sunday, June 27, 2021
NECC Defendants Get Divorced
By Walter F. Roche Jr.
A Massachusetts judge has granted a divorce to Kathy Chin from Glenn Chin. Both were defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
Norfolk County Judge Patricia Gorman issued a "divorce nisi" on May 18, in the divorce action filed by Kathy Chin on Oct. 1, 2019, court records show.
The divorce action comes as Kathy Chin and a co-defendant, Michelle Thomas, are appealing their convictions.
Glenn Chin is serving an eight year federal prison sentence on racketeering and conspiracy charges and is also awaiting trial in Michigan on 11 counts of second degree murder.
Kathy Chin was given a sentence of two years probation following her conviction for multiple violations of the Food Drug and Cosmetic Act.
Glenn Chin also faces the possibility of his federal sentence being more than doubled pending the results of a July 7 hearing in U.S. District Court in Boston, Mass.
Under Massachusetts' no-fault divorce law there is an automatic 90 day waiting period before the divorce can be finalized.
Glenn Chin did not contest the divorce.
Kathy Chin is appealing her criminal conviction and a hearing on that was held last month before a three judge panel of the First Circuit of Appeals.
The Chins were among 14 people connected to the now defunct New England Compounding who were indicted in late 2014 following a two year probe of the 2012 fungal meningitis outbreak.
In the pending appeal before the 1st Circuit Court of Appeals, Kathy Chin's lawyer has argued that she was merely performing a clerical task when she checked outgoing orders at NECC.
In a 12-page filing last week, Joan Griffin, Kathy Chin's attorney, argued that a prescription was not required because the drugs were being shipped to physicians and clinics and they would actually dispense the drugs.
Federal prosecutors countered that both Chin and Thomas knew the orders bore fake patient names.
The drugs were dispensed under the Food Drug and Cosmetic Act, the filing states, adding that the drugs were shipped with Chin and Thomas' approval.
"The government proved that the drugs were illegally dispensed," the prosecution brief states.
Contact: wfrochejr999@gmail.com
A Massachusetts judge has granted a divorce to Kathy Chin from Glenn Chin. Both were defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
Norfolk County Judge Patricia Gorman issued a "divorce nisi" on May 18, in the divorce action filed by Kathy Chin on Oct. 1, 2019, court records show.
The divorce action comes as Kathy Chin and a co-defendant, Michelle Thomas, are appealing their convictions.
Glenn Chin is serving an eight year federal prison sentence on racketeering and conspiracy charges and is also awaiting trial in Michigan on 11 counts of second degree murder.
Kathy Chin was given a sentence of two years probation following her conviction for multiple violations of the Food Drug and Cosmetic Act.
Glenn Chin also faces the possibility of his federal sentence being more than doubled pending the results of a July 7 hearing in U.S. District Court in Boston, Mass.
Under Massachusetts' no-fault divorce law there is an automatic 90 day waiting period before the divorce can be finalized.
Glenn Chin did not contest the divorce.
Kathy Chin is appealing her criminal conviction and a hearing on that was held last month before a three judge panel of the First Circuit of Appeals.
The Chins were among 14 people connected to the now defunct New England Compounding who were indicted in late 2014 following a two year probe of the 2012 fungal meningitis outbreak.
In the pending appeal before the 1st Circuit Court of Appeals, Kathy Chin's lawyer has argued that she was merely performing a clerical task when she checked outgoing orders at NECC.
In a 12-page filing last week, Joan Griffin, Kathy Chin's attorney, argued that a prescription was not required because the drugs were being shipped to physicians and clinics and they would actually dispense the drugs.
Federal prosecutors countered that both Chin and Thomas knew the orders bore fake patient names.
The drugs were dispensed under the Food Drug and Cosmetic Act, the filing states, adding that the drugs were shipped with Chin and Thomas' approval.
"The government proved that the drugs were illegally dispensed," the prosecution brief states.
Contact: wfrochejr999@gmail.com
Friday, June 25, 2021
Government Defends $82 Million Restitution Request
By Walter F. Roche Jr.
Federal prosecutors are defending a request to impose an $82 million restitution order against the man who headed the company which caused a deadly 2012 fungal meningitis outbreak.
In a nine-page proposed filing, Assistant U.S. Attorney Amanda Strachan said all 379 patients who were injected with contaminated drugs from Barry Cadden's compounding company meet the legal defintion of victims.
"The contamination was harmful and deadly. Cadden's criminal conduct directly caused the harm to patients," the filing states.
The brief was filed in response to filings in Cadden's behalf claiming that the restitution order was not mandatory under federal law and, in fact, the amount sought was excessive.
Cadden also had argued that because of the large number of victims, any restitution couldn't be accurately computed.
"The fact that Cadden harmed so many people should not allow him to escape paying mandatory restitution," the prosecution argued.
Cadden also had argued that any resitution order should take into account the amount of money patients gained in civil litigation. In fact, Cadden argued, some patients would get an "improper double recovery."
In their reply prosecutors stated that under federal law civil settlements "don't offset restitution." They also stated the same arguments apply to co-defendant Glenn Chin.
The flurry of filings comes as a key hearing is set for July 7 in which prosecutors will be urging U.S. District Judge Richard G. Stearns not only to impose the $82 million restitution order but also to increase his prison sentence from nine to 15.5 years.
Prosecutors are also asking that Chin's sentence be increased from eight to nine years.
Chin and Cadden, who are currently awaiting trial on second degree murder charges in Michigan, will participate in the July session by ZOOM from the Livingston County Jail.
Contact: wfrochejr999@gmail.com
Federal prosecutors are defending a request to impose an $82 million restitution order against the man who headed the company which caused a deadly 2012 fungal meningitis outbreak.
In a nine-page proposed filing, Assistant U.S. Attorney Amanda Strachan said all 379 patients who were injected with contaminated drugs from Barry Cadden's compounding company meet the legal defintion of victims.
"The contamination was harmful and deadly. Cadden's criminal conduct directly caused the harm to patients," the filing states.
The brief was filed in response to filings in Cadden's behalf claiming that the restitution order was not mandatory under federal law and, in fact, the amount sought was excessive.
Cadden also had argued that because of the large number of victims, any restitution couldn't be accurately computed.
"The fact that Cadden harmed so many people should not allow him to escape paying mandatory restitution," the prosecution argued.
Cadden also had argued that any resitution order should take into account the amount of money patients gained in civil litigation. In fact, Cadden argued, some patients would get an "improper double recovery."
In their reply prosecutors stated that under federal law civil settlements "don't offset restitution." They also stated the same arguments apply to co-defendant Glenn Chin.
The flurry of filings comes as a key hearing is set for July 7 in which prosecutors will be urging U.S. District Judge Richard G. Stearns not only to impose the $82 million restitution order but also to increase his prison sentence from nine to 15.5 years.
Prosecutors are also asking that Chin's sentence be increased from eight to nine years.
Chin and Cadden, who are currently awaiting trial on second degree murder charges in Michigan, will participate in the July session by ZOOM from the Livingston County Jail.
Contact: wfrochejr999@gmail.com
Thursday, June 24, 2021
Chin, Cadden Summoned for Hearing
By Walter F. Roche Jr.
A federal judge in Boston, Mass. has issued writs ordering two former pharmacists to appear for a July 7 re-sentencing hearing.
The writs of habeas corpus for Barry Cadden and Glen Chin were issued by U.S. District Judge Richard G. Stearns who must decide whether to nearly double their current prison sentences and substantially boost financial penalties.
Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. Cadden was sentenced to a nine year sentence, while Chin was given an eight year sentence.
Federal prosecutors want both of them sentenced to 17.5 years.
The two defendants are currently being held at the Livingston County Jail in Michigan where they have been charged with 11 counts of second degree murder. The writs indicate the two will appear on Zoom for the July 7 session at 10 a.m.
In addition to the increased jail time, prosecutors are seeking to impose an $82 million restitution order on the two.
The charges against Cadden and Chin stem from an two year investigation of the 2012 fungal meningitis outbreak.
Contact: wfrochejr999@gmail.com
A federal judge in Boston, Mass. has issued writs ordering two former pharmacists to appear for a July 7 re-sentencing hearing.
The writs of habeas corpus for Barry Cadden and Glen Chin were issued by U.S. District Judge Richard G. Stearns who must decide whether to nearly double their current prison sentences and substantially boost financial penalties.
Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. Cadden was sentenced to a nine year sentence, while Chin was given an eight year sentence.
Federal prosecutors want both of them sentenced to 17.5 years.
The two defendants are currently being held at the Livingston County Jail in Michigan where they have been charged with 11 counts of second degree murder. The writs indicate the two will appear on Zoom for the July 7 session at 10 a.m.
In addition to the increased jail time, prosecutors are seeking to impose an $82 million restitution order on the two.
The charges against Cadden and Chin stem from an two year investigation of the 2012 fungal meningitis outbreak.
Contact: wfrochejr999@gmail.com
Tuesday, June 22, 2021
Chaplain Praises Chin Before Sentencing
By Walter F. Roche Jr.
The chaplain at a Michigan jail has written to a federal judge citing the good behavior of a former pharmacist who is facing a hearing in which is eight year federal prison sentence could be more than doubled.
In a letter to U.S. District Judge Richard G. Stearns, Allan Reimer wrote that Glenn Chin has worked through some family issues and maintained his Catholic faith.
"It did take Glenn a little time to get settled in here at the jail," he wrote.
Reimer is the chaplain at the Livingston County Jail, where Chin has been held for more than 500 days awaiting trial on 11 second degree murder charges.
He wrote that Chin has been an active participant in a Bible studies course at the jail "always scoring 97 percent or above on all his tests."
Federal prosecutors, citing a ruing from the First Circuit Court of Appeals, are asking Stearns to increase Chin's jail sentence to 17.5 years. A hearing on the issue is scheduled for July 7 in Stearns Boston, Mass. courtroom.
Reimer added that Chin "interacts well" with his cellmates and has faced no disciplinary actions. He wrote that he also has remained in touch with his children "and encourages them on a regular basis."
Contact: wfrochejr999@gmail.com
The chaplain at a Michigan jail has written to a federal judge citing the good behavior of a former pharmacist who is facing a hearing in which is eight year federal prison sentence could be more than doubled.
In a letter to U.S. District Judge Richard G. Stearns, Allan Reimer wrote that Glenn Chin has worked through some family issues and maintained his Catholic faith.
"It did take Glenn a little time to get settled in here at the jail," he wrote.
Reimer is the chaplain at the Livingston County Jail, where Chin has been held for more than 500 days awaiting trial on 11 second degree murder charges.
He wrote that Chin has been an active participant in a Bible studies course at the jail "always scoring 97 percent or above on all his tests."
Federal prosecutors, citing a ruing from the First Circuit Court of Appeals, are asking Stearns to increase Chin's jail sentence to 17.5 years. A hearing on the issue is scheduled for July 7 in Stearns Boston, Mass. courtroom.
Reimer added that Chin "interacts well" with his cellmates and has faced no disciplinary actions. He wrote that he also has remained in touch with his children "and encourages them on a regular basis."
Contact: wfrochejr999@gmail.com
Monday, June 21, 2021
Judge Rules In Indiana Clinic Cases
By Walter F. Roche Jr.
An Indiana judge has issued a ruling in a series of civil cases stemming from the 2012 fungal meningitis outbreak, but for dozens of victims the long wait for a resolution simply winds on.
In a seven-page ruling issued last week, an Elkhart County Superior Court Judge ruled that she has the power to determine whether to grant a motion filed in behalf of the victims seeking partial summary judgment against the Elkhart clinic where many of the victims were injected with highly contaminated drugs.
Judge Kristine A. Osterday concluded that the alternative would lead to disparate and conflicting decisions in individual victims cases by a series of medical review panels. "The court concludes that the legislature's intent was that the trial court would decide these issues," the ruling states.
Jack Pavlekovich, one of the Indiana victims, said that despite the long delays, he has been encouraged by recent reports from his attorney. He said he is now hopeful for a positive result.
Her order gives the attorneys for the plaintiff victims and the clinic 45 days to file briefs in support of their opposing positions.
The new ruling reverses a July 23, 2019 decision by Osterday in which she concluded she did not have the power to resolve the issues.
As the ruling notes some of those medical review panels have gone in differing directions on how to handle the individual victims' claims.
Osterday's ruling comes in suits brought in behalf of patients who were injected with fungi-laced steroids at the Orthopedicic and Sports Medicine Center in Elkhart. Similar issues have arisen in a parallel case involving patients at a South Bend clinic is facing the same issues.
At issue is whether the panels should be advised of state and federal laws governing the compounding of drugs and properly prescribing them with a patient specific prescription.
The clinic opposes disclosure of the relevant state and federal statutes while the lawyers for the victims contend the panel chairman are required to inform the panel members of the statutory provisions.
Osterday noted in her ruling that a key issue in the pending cases will be whether or not actions by the clinic in any violation of state and federal law actually caused the illnesses and deaths.
Contact: wfrochejr999@gmail.com
An Indiana judge has issued a ruling in a series of civil cases stemming from the 2012 fungal meningitis outbreak, but for dozens of victims the long wait for a resolution simply winds on.
In a seven-page ruling issued last week, an Elkhart County Superior Court Judge ruled that she has the power to determine whether to grant a motion filed in behalf of the victims seeking partial summary judgment against the Elkhart clinic where many of the victims were injected with highly contaminated drugs.
Judge Kristine A. Osterday concluded that the alternative would lead to disparate and conflicting decisions in individual victims cases by a series of medical review panels. "The court concludes that the legislature's intent was that the trial court would decide these issues," the ruling states.
Jack Pavlekovich, one of the Indiana victims, said that despite the long delays, he has been encouraged by recent reports from his attorney. He said he is now hopeful for a positive result.
Her order gives the attorneys for the plaintiff victims and the clinic 45 days to file briefs in support of their opposing positions.
The new ruling reverses a July 23, 2019 decision by Osterday in which she concluded she did not have the power to resolve the issues.
As the ruling notes some of those medical review panels have gone in differing directions on how to handle the individual victims' claims.
Osterday's ruling comes in suits brought in behalf of patients who were injected with fungi-laced steroids at the Orthopedicic and Sports Medicine Center in Elkhart. Similar issues have arisen in a parallel case involving patients at a South Bend clinic is facing the same issues.
At issue is whether the panels should be advised of state and federal laws governing the compounding of drugs and properly prescribing them with a patient specific prescription.
The clinic opposes disclosure of the relevant state and federal statutes while the lawyers for the victims contend the panel chairman are required to inform the panel members of the statutory provisions.
Osterday noted in her ruling that a key issue in the pending cases will be whether or not actions by the clinic in any violation of state and federal law actually caused the illnesses and deaths.
Contact: wfrochejr999@gmail.com
Sunday, June 20, 2021
Cadden Appeal Seeks Dismissal of Charges
By Walter F. Roche Jr.
Charging that the case against their client is fatally flawed, lawyers for Barry J. Cadden are asking the Michigan Supreme Court to effectively dismiss all 11 charges of second degree murder pending against the one time drug company executive.
In a 27-page filing in the state's highest court, Cadden's lawyers charged that prosecutors in the state Attorney General's office, failed to prove that any act by their client caused 11 Michigan patients to die from contaminated steroid drugs.
"The prosecution failed to present any evidence as to how the methylprednisolone acetate became contaminated," the filing states, adding that the prosecution also failed to "identify any act by Mr. Cadden that proximately caused the deaths."
Concluding that "this case should never see a jury," the filing asks the high court to grant the appeal and order all the charges dismissed.
Cadden is appealing the decision by lower court judges that the state Attorney General presented sufficient evidence for the murder case to go before a jury.
Cadden and co-defendant Glenn Chin, were each charged with 11 counts of second degree murder in December of 2018 for their roles in the deadly 2012 fungal meningitis outbreak caused by drugs shipped from a Massachusetts drug compounding center that employed both of them.
Cadden was president and part owner of the New England Compounding Center, while Chin was a supervising pharmacist in a cleanroom at NECC.
In his appeal to the state Supreme Court, Cadden charged that it was Chin who was responsible for the deaths because he was directly involved in and oversaw the production of the fungi infested drugs.
At most, the brief states, Cadden, who was seldom if ever seen in the cleanroom, could face a negligence charge.
Prosecutors, the filing states, "seeks to elevate negligent oversight into a new form of homicide."
Cadden's "executive" role at NECC did not involve day-to-day operations, but consisted of carefully training employees and setting in place policies and procedures to ensure the safe operation of the company, Cadden's lawyers argued.
Contending that causation "requires an actor, an act and a corresponding result," the motion states that the prosecution presented only an actor, but not a specific act.
Noting that a federal jury acquitted Cadden of related second degree murder charges, the filing states, it was "Glenn Chin, not Barry Cadden, who directed, condoned and supervised the poor practices in the cleanroom."
Lawyers for Chin are expected to file a similar appeal.
Contact: wfrochejr999@gmail.com
Charging that the case against their client is fatally flawed, lawyers for Barry J. Cadden are asking the Michigan Supreme Court to effectively dismiss all 11 charges of second degree murder pending against the one time drug company executive.
In a 27-page filing in the state's highest court, Cadden's lawyers charged that prosecutors in the state Attorney General's office, failed to prove that any act by their client caused 11 Michigan patients to die from contaminated steroid drugs.
"The prosecution failed to present any evidence as to how the methylprednisolone acetate became contaminated," the filing states, adding that the prosecution also failed to "identify any act by Mr. Cadden that proximately caused the deaths."
Concluding that "this case should never see a jury," the filing asks the high court to grant the appeal and order all the charges dismissed.
Cadden is appealing the decision by lower court judges that the state Attorney General presented sufficient evidence for the murder case to go before a jury.
Cadden and co-defendant Glenn Chin, were each charged with 11 counts of second degree murder in December of 2018 for their roles in the deadly 2012 fungal meningitis outbreak caused by drugs shipped from a Massachusetts drug compounding center that employed both of them.
Cadden was president and part owner of the New England Compounding Center, while Chin was a supervising pharmacist in a cleanroom at NECC.
In his appeal to the state Supreme Court, Cadden charged that it was Chin who was responsible for the deaths because he was directly involved in and oversaw the production of the fungi infested drugs.
At most, the brief states, Cadden, who was seldom if ever seen in the cleanroom, could face a negligence charge.
Prosecutors, the filing states, "seeks to elevate negligent oversight into a new form of homicide."
Cadden's "executive" role at NECC did not involve day-to-day operations, but consisted of carefully training employees and setting in place policies and procedures to ensure the safe operation of the company, Cadden's lawyers argued.
Contending that causation "requires an actor, an act and a corresponding result," the motion states that the prosecution presented only an actor, but not a specific act.
Noting that a federal jury acquitted Cadden of related second degree murder charges, the filing states, it was "Glenn Chin, not Barry Cadden, who directed, condoned and supervised the poor practices in the cleanroom."
Lawyers for Chin are expected to file a similar appeal.
Contact: wfrochejr999@gmail.com
Tuesday, June 15, 2021
Svirskiy Transferred to Pre-Release Center
By Walter F. Roche Jr.
One of the defendants in the criminal case triggered by the 2012 fungal meningitis outbreak has been transferred from a Massachusetts federal prison to a pre-release center in Philadelphia.
Federal Bureau of Prisons records show Gene Svirskiy has been transferred from the federal prison in Devens, Mass. to the federal Residential Re-Entry Center. He is scheduled for release on Aug. 26.
Svirskiy was sentenced to a 30-month prison term following his conviction on racketeering, conspiracy and mail fraud charges. Records in U.S. District Court in Boston, Mass. show Svirskiy plans to return to his home in Ashland, Mass.
Those records also show he is planning to go to work in a Massachusetts pharmacy headed by a member of the state Pharmacy Board.
Svirskiy is one of 14 indicted in late 2019 following a two-year probe of the fungal meningitis outbreak caused by drugs shipped from the New England Compounding Center, where Svirskiy was employed. He was not charged with producing the deadly drugs.
Under an agreement with the state Pharmacy Board Svirskiy was allowed to retain his license but with restrictions.
In a related development a federal judge has agreed to allow another NECC defendant, Barry Cadden, to file under seal a motion to oppose a proposal by federal prosecutors to nearly double his nine-year prison sentence.
U.S. District Judge Richard G. Stearns granted Cadden's request, which ensures that the details of Cadden's filing will not be publicly disclosed.
Contact: wfrochejr999@gmail.com
One of the defendants in the criminal case triggered by the 2012 fungal meningitis outbreak has been transferred from a Massachusetts federal prison to a pre-release center in Philadelphia.
Federal Bureau of Prisons records show Gene Svirskiy has been transferred from the federal prison in Devens, Mass. to the federal Residential Re-Entry Center. He is scheduled for release on Aug. 26.
Svirskiy was sentenced to a 30-month prison term following his conviction on racketeering, conspiracy and mail fraud charges. Records in U.S. District Court in Boston, Mass. show Svirskiy plans to return to his home in Ashland, Mass.
Those records also show he is planning to go to work in a Massachusetts pharmacy headed by a member of the state Pharmacy Board.
Svirskiy is one of 14 indicted in late 2019 following a two-year probe of the fungal meningitis outbreak caused by drugs shipped from the New England Compounding Center, where Svirskiy was employed. He was not charged with producing the deadly drugs.
Under an agreement with the state Pharmacy Board Svirskiy was allowed to retain his license but with restrictions.
In a related development a federal judge has agreed to allow another NECC defendant, Barry Cadden, to file under seal a motion to oppose a proposal by federal prosecutors to nearly double his nine-year prison sentence.
U.S. District Judge Richard G. Stearns granted Cadden's request, which ensures that the details of Cadden's filing will not be publicly disclosed.
Contact: wfrochejr999@gmail.com
Monday, June 14, 2021
Cadden Wants Filing Sealed From View
By Walter F. Roche Jr.
Lawyers for a pharmacist convicted of racketeering and conspiracy are asking a federal judge to allow them to file a brief against a proposed $82 million restitution order under seal, which would prevent members of the public from viewing it.
In a two-page filing in U.S. District Court in Boston, Mass., lawyers for Barry J. Cadden, said that their filing in opposition to a recent government motion should be sealed because that government motion contained "personal and confidential patient information" that was previously sealed at prosecutors' request.
Filed by Bruce Singal, Cadden's lawyer, the motion was filed along with another motion opposing the prosecution's proposal to nearly double Cadden's nine year prison sentence.
Cadden, the one time president and part owner of the New England Compounding Center, was convicted of racketeering, conspiracy and violations of the Food Drug and Cosmetic Act.
NECC, which went bankrupt and shut down, shipped thousands of vials of highly contaminated steroids to doctors and clinics across the country. The resulting fungal meningitis outbreak would eventually sicken more than 700 patients, killing more than 100 of them.
The government motion charges that the actions and inactions of Cadden and co-defendant Glenn Chin were responsible for the deaths and serious injuries.
Cadden, the government filing states, showed an "unconscionable disregard for the lives of the patients injected with his drugs."
Cadden and Chin's actions and inactions caused "an unprecedented public health crisis," the prosecution brief states.
Contact: wfrochejr999@gmail.com
Lawyers for a pharmacist convicted of racketeering and conspiracy are asking a federal judge to allow them to file a brief against a proposed $82 million restitution order under seal, which would prevent members of the public from viewing it.
In a two-page filing in U.S. District Court in Boston, Mass., lawyers for Barry J. Cadden, said that their filing in opposition to a recent government motion should be sealed because that government motion contained "personal and confidential patient information" that was previously sealed at prosecutors' request.
Filed by Bruce Singal, Cadden's lawyer, the motion was filed along with another motion opposing the prosecution's proposal to nearly double Cadden's nine year prison sentence.
Cadden, the one time president and part owner of the New England Compounding Center, was convicted of racketeering, conspiracy and violations of the Food Drug and Cosmetic Act.
NECC, which went bankrupt and shut down, shipped thousands of vials of highly contaminated steroids to doctors and clinics across the country. The resulting fungal meningitis outbreak would eventually sicken more than 700 patients, killing more than 100 of them.
The government motion charges that the actions and inactions of Cadden and co-defendant Glenn Chin were responsible for the deaths and serious injuries.
Cadden, the government filing states, showed an "unconscionable disregard for the lives of the patients injected with his drugs."
Cadden and Chin's actions and inactions caused "an unprecedented public health crisis," the prosecution brief states.
Contact: wfrochejr999@gmail.com
Saturday, June 12, 2021
Cadden Fights Increased Prison Sentence
By Walter F. Roche Jr.
One of the former pharmacists convicted of racketeering and related charges is asking a federal judge not to nearly double his sentence, but he does concede a $175,000 forfeiture order should be increased but only to $249,538.
In a 42-page filing in U.S. District Court in Boston, Mass. Bruce Singal, the attorney for Barry J. Cadden, wrote that the original nine-year sentence imposed by U.S. District Court Judge Richard G. Stearns met the requirements of law and should not be increased to 17.5 years as proposed by federal prosecutors.
The filing comes ahead of a July 7 hearing before Stearns who was ordered by the !st Circuit Court of Appeals to reconsider the sentences he originally imposed on Cadden and co-defendant Glenn Chin.
The Cadden brief, much like one already filed in Chin's behalf, argues that several sentencing enhancements sought by federal prosecutors are not justified. Those include additional punishment because the victims were not "unusually vulnerable."
Noting that Cadden was not the physician who injected contaminated drugs into the patients, the brief states that Cadden didn't even know who the patients were.
Cadden and Chin were among 14 people connected to the now defunct New England Compounding Center who were indicted in late 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak. Cadden was president and part owner of NECC while Chin was a supervising pharmacist.
The steroids shipped by NECC in 2012 were riddled with a deadly fungus that traveled up the spines of unsuspecting victims causing death and serious injury.
The Cadden brief charges that it was Chin who failed to act to ensure that the methylprednisolone acetate was sterile.
Citing internal memos that became public during Cadden's 10-week trial, the brief states that Cadden sought to make NECC "bulletproof" by ordering additional testing and faulting Chin for not doing so.
Cadden's sentence, the brief states, should not be increased because prosecutors failed to prove that Cadden acted in reckless disregard of the risk of death or serious injury to patients treated with NECC drugs.
"The government significantly overstates Cadden's relevant conduct," the filing continues, adding that based on past history Cadden had every reason to believe the drugs being shipped out in 2012 were sterile.
Contact: wfrochejr999@gmail.com
One of the former pharmacists convicted of racketeering and related charges is asking a federal judge not to nearly double his sentence, but he does concede a $175,000 forfeiture order should be increased but only to $249,538.
In a 42-page filing in U.S. District Court in Boston, Mass. Bruce Singal, the attorney for Barry J. Cadden, wrote that the original nine-year sentence imposed by U.S. District Court Judge Richard G. Stearns met the requirements of law and should not be increased to 17.5 years as proposed by federal prosecutors.
The filing comes ahead of a July 7 hearing before Stearns who was ordered by the !st Circuit Court of Appeals to reconsider the sentences he originally imposed on Cadden and co-defendant Glenn Chin.
The Cadden brief, much like one already filed in Chin's behalf, argues that several sentencing enhancements sought by federal prosecutors are not justified. Those include additional punishment because the victims were not "unusually vulnerable."
Noting that Cadden was not the physician who injected contaminated drugs into the patients, the brief states that Cadden didn't even know who the patients were.
Cadden and Chin were among 14 people connected to the now defunct New England Compounding Center who were indicted in late 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak. Cadden was president and part owner of NECC while Chin was a supervising pharmacist.
The steroids shipped by NECC in 2012 were riddled with a deadly fungus that traveled up the spines of unsuspecting victims causing death and serious injury.
The Cadden brief charges that it was Chin who failed to act to ensure that the methylprednisolone acetate was sterile.
Citing internal memos that became public during Cadden's 10-week trial, the brief states that Cadden sought to make NECC "bulletproof" by ordering additional testing and faulting Chin for not doing so.
Cadden's sentence, the brief states, should not be increased because prosecutors failed to prove that Cadden acted in reckless disregard of the risk of death or serious injury to patients treated with NECC drugs.
"The government significantly overstates Cadden's relevant conduct," the filing continues, adding that based on past history Cadden had every reason to believe the drugs being shipped out in 2012 were sterile.
Contact: wfrochejr999@gmail.com
Friday, June 11, 2021
Cadden-Chin Michigan Case on Hold
By Walter F. Roche Jr.
With appeals to the Michigan Supreme Court pending a Livingston Circuit Court Judge has agreed to delay moving ahead towards a trial in the cases of two former pharmacists charged with second degree murder.
Judge Michael Hatty agreed to the delay today in the cases of Glenn Chin and Barry Cadden following a brief session in the county courthouse.
The two were charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. The 11 victims died after being injected with fungus infested steroids produced at the Massachusetts company where both worked.
Hatty agreed to the delay following the disclosure that attorneys for the two defendants are appealing a decision of his to the state Supreme Court.
The appeals are questioning Hatty's decision that there was sufficient evidence to send the case to trial. A ruling by Judge Shauna Murphy made the initial finding that there was sufficient evidence to bind the two over to face the murder charges.
Hatty did set a date for another status conference on Sept. 24 at 10 a.m.
Contact: wfrochejr999@gmail.com
With appeals to the Michigan Supreme Court pending a Livingston Circuit Court Judge has agreed to delay moving ahead towards a trial in the cases of two former pharmacists charged with second degree murder.
Judge Michael Hatty agreed to the delay today in the cases of Glenn Chin and Barry Cadden following a brief session in the county courthouse.
The two were charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. The 11 victims died after being injected with fungus infested steroids produced at the Massachusetts company where both worked.
Hatty agreed to the delay following the disclosure that attorneys for the two defendants are appealing a decision of his to the state Supreme Court.
The appeals are questioning Hatty's decision that there was sufficient evidence to send the case to trial. A ruling by Judge Shauna Murphy made the initial finding that there was sufficient evidence to bind the two over to face the murder charges.
Hatty did set a date for another status conference on Sept. 24 at 10 a.m.
Contact: wfrochejr999@gmail.com
Monday, June 7, 2021
Michigan Prosecutor Off the Cadden/Chin Case?
By Walter F. Roche Jr.
A hearing is scheduled for this week in the murder cases against two pharmacists, but apparently the chief prosecutor will not be there.
According to a spokeswoman for Michigan Attorney General Dana Nessel, Assistant Attorney General Gregory Townsend has been suspended from his docket, pending an investigation into allegations that he failed to disclose plea deals cut with three jailhouse snitches in the trial of a man charged with felony murder in the deaths of five children.
Asked if Townsend will be at the status conference scheduled for Friday in the cases against Barry J. Cadden and Glen Chin, Attorney General spokeswoman Kelly Rossman-McKinney said that another assistant attorney general, Denise Hart, remains assigned to the case. She said she did not know if any other attorneys have been assigned to the case.
Another spokeswoman for Nessel, Lynsey Mukomel, said the agency will conduct a comprehensive audit of Townsend's work. The allegations against Townsend stem from a case more than two decades ago when an Oakland County man was charged with arson and felony murder in the death of five children.
Townsend was the lead prosecutor for the Oakland County District Attorney on the case and apparently did not disclose that jailhouse snitches, who were primary witnesses against the defendant, had been given deals promising reduced charges, no charges or reduced sentences. Juwan Deering, the defendant, has been in jail for 14 years following his conviction on those charges.
The hearing Friday is a status conference before Circuit Court Judge Michael Hatty. The 11 murder charges against Chin and Cadden stem from their roles in the 2012 fungal meningitis outbreak caused by drugs shipped to Michigan by the New England Compounding Center.
Cadeen was president and part owner of NECC, while Chin was a supervising pharmacist at the now defunct Massachusetts company.
The case landed back in Hatty's court after the Michigan Court of Appeals turned down appeals filed by lawyers for Cadden and Chin. They had challenged the decision to bind the case over for trial.
A further appeal to the Michigan Supreme Court is expected and that could trigger at least a temporary halt to proceedings before Hatty.
In prior hearings in the Cadden and Chin case several former NECC employees testified for the prosecution. No charges were brought against those employees and there was no disclosure of any plea deals with those individuals from the state Attorney General's office.
Contact:wfrochjr999@gmail.com
A hearing is scheduled for this week in the murder cases against two pharmacists, but apparently the chief prosecutor will not be there.
According to a spokeswoman for Michigan Attorney General Dana Nessel, Assistant Attorney General Gregory Townsend has been suspended from his docket, pending an investigation into allegations that he failed to disclose plea deals cut with three jailhouse snitches in the trial of a man charged with felony murder in the deaths of five children.
Asked if Townsend will be at the status conference scheduled for Friday in the cases against Barry J. Cadden and Glen Chin, Attorney General spokeswoman Kelly Rossman-McKinney said that another assistant attorney general, Denise Hart, remains assigned to the case. She said she did not know if any other attorneys have been assigned to the case.
Another spokeswoman for Nessel, Lynsey Mukomel, said the agency will conduct a comprehensive audit of Townsend's work. The allegations against Townsend stem from a case more than two decades ago when an Oakland County man was charged with arson and felony murder in the death of five children.
Townsend was the lead prosecutor for the Oakland County District Attorney on the case and apparently did not disclose that jailhouse snitches, who were primary witnesses against the defendant, had been given deals promising reduced charges, no charges or reduced sentences. Juwan Deering, the defendant, has been in jail for 14 years following his conviction on those charges.
The hearing Friday is a status conference before Circuit Court Judge Michael Hatty. The 11 murder charges against Chin and Cadden stem from their roles in the 2012 fungal meningitis outbreak caused by drugs shipped to Michigan by the New England Compounding Center.
Cadeen was president and part owner of NECC, while Chin was a supervising pharmacist at the now defunct Massachusetts company.
The case landed back in Hatty's court after the Michigan Court of Appeals turned down appeals filed by lawyers for Cadden and Chin. They had challenged the decision to bind the case over for trial.
A further appeal to the Michigan Supreme Court is expected and that could trigger at least a temporary halt to proceedings before Hatty.
In prior hearings in the Cadden and Chin case several former NECC employees testified for the prosecution. No charges were brought against those employees and there was no disclosure of any plea deals with those individuals from the state Attorney General's office.
Contact:wfrochjr999@gmail.com
11-year Prison Sentence in Drug Compounding Fraud
By Walter F. Roche Jr.
A Georgia man has been sentenced to an 11-year federal jail term following his conviction on charges stemming from a scheme to defraud the federal government through the purchase of unnecessary compounded drugs.
Eric Santos was given that sentence late last week in U.S. District Court in Miami, Fl. follwoing his guilty plea on charges of conspiracy to commit ehealthcare fraud.
According to prosecutors Santos paid physicians to write prescriptions callling for specially medicated creams. He then steered those prescritions to a Florida drug compounding firm, Patient Care America.
According to court records Santos then received kickbacks totaling $7 million from Patient Care America.
The drugs were billed to Tricare, the federal program which provides healthcare to members of the military and their dependents. Prosecutors say the special medications were not medically necessary.
In addition to the prison sentence Santos was ordered to pay $11.8 million in restitution and to forfeit $7.6 million.
Contact: wfrochejr999@gmail.com
A Georgia man has been sentenced to an 11-year federal jail term following his conviction on charges stemming from a scheme to defraud the federal government through the purchase of unnecessary compounded drugs.
Eric Santos was given that sentence late last week in U.S. District Court in Miami, Fl. follwoing his guilty plea on charges of conspiracy to commit ehealthcare fraud.
According to prosecutors Santos paid physicians to write prescriptions callling for specially medicated creams. He then steered those prescritions to a Florida drug compounding firm, Patient Care America.
According to court records Santos then received kickbacks totaling $7 million from Patient Care America.
The drugs were billed to Tricare, the federal program which provides healthcare to members of the military and their dependents. Prosecutors say the special medications were not medically necessary.
In addition to the prison sentence Santos was ordered to pay $11.8 million in restitution and to forfeit $7.6 million.
Contact: wfrochejr999@gmail.com
Wednesday, June 2, 2021
Chin Pleads for Original Sentence
By Walter F. Roche Jr.
Charging that he has been subjected to racist taunts while confined to a Michigan jail, a convicted pharmacist is asking a federal judge not to increase the eight year prison sentence he is serving for conviction on racketeering, conspiracy and mail fraud charges.
In a 29-page filing today in U.S. District Court in Boston, Mass., lawyers for Glenn A. Chin, 53, said the 17.5 year sentence proposed by federal prosecutors was not justified despite an appeals court ruling opening the door to a lengthier sentence.
The motion filed by Chin's lawyer James Sultan charged that Chin's role in the deadly 2012 fungal meningitis outbreak did not justify more than doubling his original sentence.
The sentencing of Chin and co-defendant Barry J. Cadden will be the subject of a July 7 hearing before U.S. District Court Judge Richard G. Stearns, whose sentencing ruling was questioned by the 1st Circuit Court of Appeals.
Chin's motion also challenges the appeals court ruling that called on Stearns to consider thousands of victims of the fungal meningitis as vulnerable victims, which would could make them eligible for $82 million in restitution.
"The patients were not unusally vulnerable," the brief states, adding that the prosecution failed to prove that any act by Chin caused the drugs to become contaminated with deadly fungi.
"The patients were not victims of Chin's conduct," the filing states.
Noting that Chin was transferred to Michign in December of 2019 from a federal prison in Pennsylvania where he was serving his eight year federal sentence," the filing states that Chin "has languished ever since."
Arguing that conditions in the Michigan jail are "far worse," the filing states Chin has "been subjected to racist taunts and threats" because of his Chinese heritage. Nonetheless, the filing continues, "Chin has consistently followed the rules and has had no disciplinary infractions."
To back up that claim, an attachment to the filing includes a statement from a Livingston County Sheriff's office employee, Roy Asquith, stating that Chin had been involved in no incidents during his 506 days at the county jail and was "a very compliant inmate."
The filing disputes the prosecution claim that Chin was a major figure in what went on at the New England Compounding Center. Instead, Sultan wrote that Chin was a salaried employee who merely followed orders issued by Cadden.
"Cadden not only knew what was going on, he directed it," the filing states.
Concluding that Chin was destitute and will never be able to pay restitution, the filing concludes by stating that ordering millions of dollars in restitution would be a waste of time and "a long winding road to nowhere." Contact: wfrochejr999@gmail.com
Charging that he has been subjected to racist taunts while confined to a Michigan jail, a convicted pharmacist is asking a federal judge not to increase the eight year prison sentence he is serving for conviction on racketeering, conspiracy and mail fraud charges.
In a 29-page filing today in U.S. District Court in Boston, Mass., lawyers for Glenn A. Chin, 53, said the 17.5 year sentence proposed by federal prosecutors was not justified despite an appeals court ruling opening the door to a lengthier sentence.
The motion filed by Chin's lawyer James Sultan charged that Chin's role in the deadly 2012 fungal meningitis outbreak did not justify more than doubling his original sentence.
The sentencing of Chin and co-defendant Barry J. Cadden will be the subject of a July 7 hearing before U.S. District Court Judge Richard G. Stearns, whose sentencing ruling was questioned by the 1st Circuit Court of Appeals.
Chin's motion also challenges the appeals court ruling that called on Stearns to consider thousands of victims of the fungal meningitis as vulnerable victims, which would could make them eligible for $82 million in restitution.
"The patients were not unusally vulnerable," the brief states, adding that the prosecution failed to prove that any act by Chin caused the drugs to become contaminated with deadly fungi.
"The patients were not victims of Chin's conduct," the filing states.
Noting that Chin was transferred to Michign in December of 2019 from a federal prison in Pennsylvania where he was serving his eight year federal sentence," the filing states that Chin "has languished ever since."
Arguing that conditions in the Michigan jail are "far worse," the filing states Chin has "been subjected to racist taunts and threats" because of his Chinese heritage. Nonetheless, the filing continues, "Chin has consistently followed the rules and has had no disciplinary infractions."
To back up that claim, an attachment to the filing includes a statement from a Livingston County Sheriff's office employee, Roy Asquith, stating that Chin had been involved in no incidents during his 506 days at the county jail and was "a very compliant inmate."
The filing disputes the prosecution claim that Chin was a major figure in what went on at the New England Compounding Center. Instead, Sultan wrote that Chin was a salaried employee who merely followed orders issued by Cadden.
"Cadden not only knew what was going on, he directed it," the filing states.
Concluding that Chin was destitute and will never be able to pay restitution, the filing concludes by stating that ordering millions of dollars in restitution would be a waste of time and "a long winding road to nowhere." Contact: wfrochejr999@gmail.com
Tuesday, June 1, 2021
Michigan Prisoners Offered Covid-19 Vaccine
By Walter F. Roche Jr.
All prisoners at the Livingston County Jail have been offered a Covid-19 vaccine, but only 50 have taken up the offer, according to an official of the county sheriff's department.
The jail has a maximum capacity of 411 inmates and among the current prisoners are Barry J. Cadden, 54, and Glenn A. Chin, 53, who are awaiting trial on second degree murder charges.
Under Sheriff Jeff Warder said in an email response to questions that only two inmates at the facility have tested positive for Covid-19 and those prisoners had been transferred from a federal facility.
When those transfers occurred Cadden and Chin were already in the Livingston County facility.
We confirmed they did not contract the virus while being lodged at our facility," Warder said, adding that the two inmates were never exposed to the general population.
He did not imediately respond when asked if Cadden and Chin were among those vaccinated. Chin and Cadden have been charged with 11 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
They already have been convicted of racketeering, conspiracy and mail fraud in federal court. Cadden, who was president and part owner of the New England Compounding Center, the company blamed for the outbreak.
Chin was a supervising pharmacist at NECC and oversaw activities in the clean room, where fungus riddled steroids were prepared.
Two separate federal juries declined to convict the two of racketeering second degree murder.
Both Chin and Cadden are expected to appeal a recent ruling from the Michigan Court of Appeals, which turned down a motion that would have effectively eliminated the murder charges.
Contact: wfrochejr999@gmail.com
All prisoners at the Livingston County Jail have been offered a Covid-19 vaccine, but only 50 have taken up the offer, according to an official of the county sheriff's department.
The jail has a maximum capacity of 411 inmates and among the current prisoners are Barry J. Cadden, 54, and Glenn A. Chin, 53, who are awaiting trial on second degree murder charges.
Under Sheriff Jeff Warder said in an email response to questions that only two inmates at the facility have tested positive for Covid-19 and those prisoners had been transferred from a federal facility.
When those transfers occurred Cadden and Chin were already in the Livingston County facility.
We confirmed they did not contract the virus while being lodged at our facility," Warder said, adding that the two inmates were never exposed to the general population.
He did not imediately respond when asked if Cadden and Chin were among those vaccinated. Chin and Cadden have been charged with 11 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
They already have been convicted of racketeering, conspiracy and mail fraud in federal court. Cadden, who was president and part owner of the New England Compounding Center, the company blamed for the outbreak.
Chin was a supervising pharmacist at NECC and oversaw activities in the clean room, where fungus riddled steroids were prepared.
Two separate federal juries declined to convict the two of racketeering second degree murder.
Both Chin and Cadden are expected to appeal a recent ruling from the Michigan Court of Appeals, which turned down a motion that would have effectively eliminated the murder charges.
Contact: wfrochejr999@gmail.com