By Walter F. Roche Jr.
A federal judge today issued amended sentencing and restitution orders for two defendants in]volved in aa deadly outbreak but the two former pharnacists will still face combined sentences of some 25 years.
The amended orders were issued in Boston by U.S. District Judge Richard G. Stearns against Barry J. Cadden and Glenn A. Chin. Cadden still faces 14.5 years in federal prison, while Chin's sentence is for 11.5 years.
The orders also increase the restitution to victims of the outbreak by $3,312. The increase, according to government attorneys, was due to a clerical error. Cadden and Chin's atttorneys did not oppose the hike .
The amended order boosts the total restitution to $82,025,648.
Cadden was part owner of the drug compounding firm that caused the 2012 fungal meningitis outbreak. Chin was a supervising pharmacist at the now defunct company, the New England Compounding Center. They were both convicted on racketeering and conspiracy charges.
The amended orders also make some changes to bring it into compliance with a ruling from the First Circuit Court of Appeals. That panel concluded that Stearns had been too lenient in setting the sentences for the two defendants.
Cadden and Chin are currently in Michigan where they are facing multiple second degree murder charges.
Contact: wfrochejr999@gmail.com
Tuesday, November 30, 2021
Monday, November 8, 2021
Ruling Could Tip Cadden, Chin Cases
By Walter F. Roche Jr.
A one paragraph ruling issued late last week by the Michigan Supreme Court could have a major effect on the murder trial of two former pharmacists charged with the death of 11 patients in the 2012 fungal meningitis outbreak.
In the ruling the state's highest court sent appeals filed by Glenn Chin and Barry Cadden back to the state Court of Appeals, which had earlier denied the appeals concluding that Cadden and Chin's lawyers had failed to prove their appeal had to be considered immediately rather than waiting for an actual trial on the charges in Livingston Circuit Court.
The defendants are appealing the decision of Livingston District Court Judge Shauna Murphy that there was sufficient evidence of their guilt to send the case before a jury.
In its ruling last week, the high court sent the case back to the appeals court with instructions to reconsider its decision in light of findings in a 2003 case in which a mother was charged with murder in the death of her daughter.
In that case a judge had ruled that an appeal should be denied for the same grounds cited by the appeals court in the Cadden and Chin cases.
In its decision in 2003, the high court ruled that an appeal could not be denied simply on the basis that lawyers had failed to prove the issue had to be addressed immediately.
"This reason was flawed," the court ruled, adding that the denial must include a substantive reason for the decision, addressing whether the bindover denial or affirmation was justified by the evidence.
In the 2003 decision in the case against Donna Yost, the lower court had declined to bind over the defendant for trial.
She ultimately pleaded guilty to a reduced child abuse charge and was sentenced to three years probation.
Contact: wfrochejr999@gmail.com.
A one paragraph ruling issued late last week by the Michigan Supreme Court could have a major effect on the murder trial of two former pharmacists charged with the death of 11 patients in the 2012 fungal meningitis outbreak.
In the ruling the state's highest court sent appeals filed by Glenn Chin and Barry Cadden back to the state Court of Appeals, which had earlier denied the appeals concluding that Cadden and Chin's lawyers had failed to prove their appeal had to be considered immediately rather than waiting for an actual trial on the charges in Livingston Circuit Court.
The defendants are appealing the decision of Livingston District Court Judge Shauna Murphy that there was sufficient evidence of their guilt to send the case before a jury.
In its ruling last week, the high court sent the case back to the appeals court with instructions to reconsider its decision in light of findings in a 2003 case in which a mother was charged with murder in the death of her daughter.
In that case a judge had ruled that an appeal should be denied for the same grounds cited by the appeals court in the Cadden and Chin cases.
In its decision in 2003, the high court ruled that an appeal could not be denied simply on the basis that lawyers had failed to prove the issue had to be addressed immediately.
"This reason was flawed," the court ruled, adding that the denial must include a substantive reason for the decision, addressing whether the bindover denial or affirmation was justified by the evidence.
In the 2003 decision in the case against Donna Yost, the lower court had declined to bind over the defendant for trial.
She ultimately pleaded guilty to a reduced child abuse charge and was sentenced to three years probation.
Contact: wfrochejr999@gmail.com.
Thursday, November 4, 2021
Cadden, Chin Appeals Sent Back to Appeals Court
By Walter F. Roche Jr.
The Michigan Supreme Court has sent the appeals of two former pharmacists, facing second degree murder charges, back to the state Court of Appeals to consider the claims filed by the two defendants.
In a brief order issued today, the state's highest court said the Appeals Court should consider one of the issues raised by the lawyers for Barry J. Cadden and Glenn Chin.
The decision keeps the appeals alive. The Appeals Court had previously flatly turned down the appeals.
Cadden and Chin have been charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. Cadden was president of the New England Compounding Center, the company that produced the contaminated drugs that caused the outbreak.
Chin was a supervising pharmacist at NECC in charge of the clean room where the deadly doses of methylprednisolone acetate were produced.
In its prior decision the appeals court concluded that Chin and Cadden's lawyers had failed to prove that the appeal needed to be acted on immediately.
In the Supreme Court ruling issued today, the court cited a specific 2003 case: People of Michigan vs. Yost. In that case Donna Yost was charged with murder in the death of her seven-year-old daughter.
After multiple appeals she pleaded guilty to a vastly reduced child abuse charge and was given three years probation.
At issue in the case was whether the magistrate abused his discretion in failing to bind the defendant over for trial.
Chin and Cadden's lawyers have challenged the decision of a district court judge, Shauna Murphy, to bind them over for trial.
Contact: wfrochejr999@gmail.com
The Michigan Supreme Court has sent the appeals of two former pharmacists, facing second degree murder charges, back to the state Court of Appeals to consider the claims filed by the two defendants.
In a brief order issued today, the state's highest court said the Appeals Court should consider one of the issues raised by the lawyers for Barry J. Cadden and Glenn Chin.
The decision keeps the appeals alive. The Appeals Court had previously flatly turned down the appeals.
Cadden and Chin have been charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. Cadden was president of the New England Compounding Center, the company that produced the contaminated drugs that caused the outbreak.
Chin was a supervising pharmacist at NECC in charge of the clean room where the deadly doses of methylprednisolone acetate were produced.
In its prior decision the appeals court concluded that Chin and Cadden's lawyers had failed to prove that the appeal needed to be acted on immediately.
In the Supreme Court ruling issued today, the court cited a specific 2003 case: People of Michigan vs. Yost. In that case Donna Yost was charged with murder in the death of her seven-year-old daughter.
After multiple appeals she pleaded guilty to a vastly reduced child abuse charge and was given three years probation.
At issue in the case was whether the magistrate abused his discretion in failing to bind the defendant over for trial.
Chin and Cadden's lawyers have challenged the decision of a district court judge, Shauna Murphy, to bind them over for trial.
Contact: wfrochejr999@gmail.com
Thursday, October 28, 2021
Conigliaro Buys $3 Milllion Shore Home
By Walter F. Roche Jr.
A company formed by one of the convicted defendants in the criminal case stemming from the deadly 2012 fungal meningitis outbreak has purchased a beachfront Cape Cod home for a little over $3 million.
289 East Bay LLC bought the 10-room house overlooking the Nantucket Sound in Osterville, Mass. on Feb. 17 of this year. The company was formed the same day by Douglas Conigliaro, who is listed as the resident agent and manager.
Conigliaro was one of 14 people connected to the New England Compounding Center who were indicted in 2014 following a two year probe of the outbreak. NECC produced and sold the steroids which caused the outbreak.
Conigliaro headed a sister firm, Medical Sales Management, which marketed NECC's products. He and his wife were charged with violating a federal law barring depositors from structuring withdrawals to avoid federal reporting requirements.
Under a plea deal with federal prosecutors the charges were vastly reduced and he was sentenced to one year of probation, a $5,500 fine and forfeiture of the $119,647 he admitted to withdrawing improperly.
"Enjoy creating your own Cape Cod memories-to-come at this stunning seaside retreat," a real estate agent posted in advertising the four bedroom home with four fireplaces that Coniglaro's company bought.
The 4,100 square foot home includes a wet bar and an outdoor hot tub.
The house initially was listed for $3,950,000, but Conigliaro paid $3,035,000, according to records at the Barnstable County Registry of Deeds. No mortgage was recorded.
Douglas Conigliaro, who was a licensed physician, also owns a Beacon Hill condo which he purchased in 2012 for $4,195,000 and a home in Dedham, Mass. purchased for $1,050,000.
He pleaded guilty to violating a federal law setting reporting reporting requirements on currency transactions exceeding $10,000.
Douglas, Gregory's brother, headed a sister firm that marketed NECC's products. In 2019 another company formed by Douglas Conigliaro, 17 Canal Street LLC, purchased a commercial property in Salem for $1.7 million. Another Conigliaro relative has recently advertised the property, the site of a former vape shop shop,for rent.
His brother Gregory and his wife purchased a Cape Cod home in 2012 for $2.35 million. He later sold his interest in the property to his wife for $150,000.
Gregory, who was NECC's vice president, is awaiting sentencing after an appeals court reinstated a guilty verdict on the charge of conspiring to defraud the U.S. Food and Drug Administration.
Contact: wfrochejr999@gmail.com
A company formed by one of the convicted defendants in the criminal case stemming from the deadly 2012 fungal meningitis outbreak has purchased a beachfront Cape Cod home for a little over $3 million.
289 East Bay LLC bought the 10-room house overlooking the Nantucket Sound in Osterville, Mass. on Feb. 17 of this year. The company was formed the same day by Douglas Conigliaro, who is listed as the resident agent and manager.
Conigliaro was one of 14 people connected to the New England Compounding Center who were indicted in 2014 following a two year probe of the outbreak. NECC produced and sold the steroids which caused the outbreak.
Conigliaro headed a sister firm, Medical Sales Management, which marketed NECC's products. He and his wife were charged with violating a federal law barring depositors from structuring withdrawals to avoid federal reporting requirements.
Under a plea deal with federal prosecutors the charges were vastly reduced and he was sentenced to one year of probation, a $5,500 fine and forfeiture of the $119,647 he admitted to withdrawing improperly.
"Enjoy creating your own Cape Cod memories-to-come at this stunning seaside retreat," a real estate agent posted in advertising the four bedroom home with four fireplaces that Coniglaro's company bought.
The 4,100 square foot home includes a wet bar and an outdoor hot tub.
The house initially was listed for $3,950,000, but Conigliaro paid $3,035,000, according to records at the Barnstable County Registry of Deeds. No mortgage was recorded.
Douglas Conigliaro, who was a licensed physician, also owns a Beacon Hill condo which he purchased in 2012 for $4,195,000 and a home in Dedham, Mass. purchased for $1,050,000.
He pleaded guilty to violating a federal law setting reporting reporting requirements on currency transactions exceeding $10,000.
Douglas, Gregory's brother, headed a sister firm that marketed NECC's products. In 2019 another company formed by Douglas Conigliaro, 17 Canal Street LLC, purchased a commercial property in Salem for $1.7 million. Another Conigliaro relative has recently advertised the property, the site of a former vape shop shop,for rent.
His brother Gregory and his wife purchased a Cape Cod home in 2012 for $2.35 million. He later sold his interest in the property to his wife for $150,000.
Gregory, who was NECC's vice president, is awaiting sentencing after an appeals court reinstated a guilty verdict on the charge of conspiring to defraud the U.S. Food and Drug Administration.
Contact: wfrochejr999@gmail.com
Monday, October 18, 2021
Prosecutors Seek $$ for Additional Victim
By Walter F. Roche Jr.
Federal prosecutors are seeking approval to increase the restitution order against two former pharmacists because the original request failed to include the amount owed to an unnamed victim.
In a filing today in U.S. District Court in Boston, the U.S. Attorney's office asked U.S. District Court Judge Richard G. Stearns to increase the restitution order by $3,312. That will push the total restitution order against Barry J. Cadden and Glenn A. Chin to $82,025,648.
The two-page request attributes the mistake to a clerical error and notes that attorneys for the two defendants do not oppose the request. Prosecutors have stated that 379 victims will qualify for payments, but full payment of the restitution is regarded as unlikely.
Cadden and Chin were convicted of racketeering, conspiracy and mail fraud for their roles in the 2012 fungal meningitis outbreak which ultimately took the lives of over 100 patients while sickening hundreds of others.
Caddden's federal sentence was recently boosted to 14.5 years. Chin's was increased to 10.5 years. The increases were mandated by the same appeals court that ruled patient victims were entitled to restitution.
The request was filed today by Assistant U.S. Attorney Alexandra Amrheim. The motion states that the amounts sought for the non-patient victims remains the same. Those were identifed as the Elkhart General Hospital, South Bend Clinic and First Recovery Group.
Subsequent to their conviction on the federal charges, Cadden and Chin were charged with 11 counts of second degree murder in Michigan. They are awaiting trial on those charges pending an appeal to the Michigan Supreme Court.
Contact: wfrochejr999@gmai.com
Federal prosecutors are seeking approval to increase the restitution order against two former pharmacists because the original request failed to include the amount owed to an unnamed victim.
In a filing today in U.S. District Court in Boston, the U.S. Attorney's office asked U.S. District Court Judge Richard G. Stearns to increase the restitution order by $3,312. That will push the total restitution order against Barry J. Cadden and Glenn A. Chin to $82,025,648.
The two-page request attributes the mistake to a clerical error and notes that attorneys for the two defendants do not oppose the request. Prosecutors have stated that 379 victims will qualify for payments, but full payment of the restitution is regarded as unlikely.
Cadden and Chin were convicted of racketeering, conspiracy and mail fraud for their roles in the 2012 fungal meningitis outbreak which ultimately took the lives of over 100 patients while sickening hundreds of others.
Caddden's federal sentence was recently boosted to 14.5 years. Chin's was increased to 10.5 years. The increases were mandated by the same appeals court that ruled patient victims were entitled to restitution.
The request was filed today by Assistant U.S. Attorney Alexandra Amrheim. The motion states that the amounts sought for the non-patient victims remains the same. Those were identifed as the Elkhart General Hospital, South Bend Clinic and First Recovery Group.
Subsequent to their conviction on the federal charges, Cadden and Chin were charged with 11 counts of second degree murder in Michigan. They are awaiting trial on those charges pending an appeal to the Michigan Supreme Court.
Contact: wfrochejr999@gmai.com
Thursday, October 14, 2021
Appeals Court Corrects NECC Decisions
By Walter F. Roche Jr.
A federal appeals court yesterday made a series of minor corrections in recent decisions on the criminal cases stemming from the 2012 fungal meningitis.
In all four cases the original decisions remained in place and the convictions of Kathy Chin, Michelle Thomas et al remain in place.
In one of the Chin decisions the 1st Circuit of Appeals had misstated the identity of a prosecution witness, whose testimony had been challenged by the defendants because he hadn't been formally qualified as an expert witness.
The witness was Samuel Penta, an official of the Massachusetts Board of Pharmacy, but the opinion said it was Thomas, one of the defendants.
The other corrections were made in the decisions on Sharon Carter and Gregory Conigliaro, who was vice president and part owner of the New England Compounding Center. Carter was an NECC supervisor.
Thomas and Kathy Chin, both then licensed pharmacists worked in the order confirmation section at NECC.
Contact: wfrochejr999@gmail.com
A federal appeals court yesterday made a series of minor corrections in recent decisions on the criminal cases stemming from the 2012 fungal meningitis.
In all four cases the original decisions remained in place and the convictions of Kathy Chin, Michelle Thomas et al remain in place.
In one of the Chin decisions the 1st Circuit of Appeals had misstated the identity of a prosecution witness, whose testimony had been challenged by the defendants because he hadn't been formally qualified as an expert witness.
The witness was Samuel Penta, an official of the Massachusetts Board of Pharmacy, but the opinion said it was Thomas, one of the defendants.
The other corrections were made in the decisions on Sharon Carter and Gregory Conigliaro, who was vice president and part owner of the New England Compounding Center. Carter was an NECC supervisor.
Thomas and Kathy Chin, both then licensed pharmacists worked in the order confirmation section at NECC.
Contact: wfrochejr999@gmail.com
Friday, October 8, 2021
Chin, Thomas Appeals Turned Down
By Walter F. Roche Jr.
A federal appeals court has turned down the apppeals of two licensed pharmacists who approved prescriptions made out to obviously fake names.
In a 33-page ruling a three judge panel of the 1st Circuit Court of Appeals affirmed the conviction of Kathy Chin and Michelle Thomas, both of whom were employed by the now defunct New England Compounding Center.
They were among 14 people indicted following a two year probe of the deadly 2012 fungal meningitis outbreak.
The ruling written by Appeals Court Judge David Barron, however, makes clear that the two were not involved in shipping the steroids that caused the fungal meningitis outbreak which ultimately took the lives of more than 100 patients.
Rather they were charged with violations of the Food Drug and Cosmetic Act when they approved for shipment drugs prescribed for obviously fake named patients like Filet O' Fish. Chin was convicted of four counts and Thomas of two counts of violating the FDCA.
The two had argued that they were not acting as pharmacists but as shipping clerks.
The panel rejected that argument citing testimony by a state official and the defendants former fellow employees.
Chin was sentenced to two years probation while Thomas was sentenced to one year of probation followinng a 2019 trial before U.S. District Judge Richard G. Stearns.
In a related action the U.S. Supreme Court this week turned down an appeal filed by another NECC defendant, Alla Stepanets.
Contact: wfrochejr999@gmail.com
A federal appeals court has turned down the apppeals of two licensed pharmacists who approved prescriptions made out to obviously fake names.
In a 33-page ruling a three judge panel of the 1st Circuit Court of Appeals affirmed the conviction of Kathy Chin and Michelle Thomas, both of whom were employed by the now defunct New England Compounding Center.
They were among 14 people indicted following a two year probe of the deadly 2012 fungal meningitis outbreak.
The ruling written by Appeals Court Judge David Barron, however, makes clear that the two were not involved in shipping the steroids that caused the fungal meningitis outbreak which ultimately took the lives of more than 100 patients.
Rather they were charged with violations of the Food Drug and Cosmetic Act when they approved for shipment drugs prescribed for obviously fake named patients like Filet O' Fish. Chin was convicted of four counts and Thomas of two counts of violating the FDCA.
The two had argued that they were not acting as pharmacists but as shipping clerks.
The panel rejected that argument citing testimony by a state official and the defendants former fellow employees.
Chin was sentenced to two years probation while Thomas was sentenced to one year of probation followinng a 2019 trial before U.S. District Judge Richard G. Stearns.
In a related action the U.S. Supreme Court this week turned down an appeal filed by another NECC defendant, Alla Stepanets.
Contact: wfrochejr999@gmail.com
Subscribe to:
Posts (Atom)