Prosecutors Seek $13.2 Million Cadden Judgment

By Walter F. Roche Jr.

Federal prosecutors are seeking a $13.2 million judgment against a former drug company president who is now serving a nine year sentence in a federal prison in Pennsylvania.
In papers filed today, the U.S. Attorney in Boston, Mass. said the revised request was in line with guidance issued earlier this week by the U.S. Department of Justice. The guidance was issued as a result of a recent U.S. Supreme Court ruling limiting forfeiture orders.
The $13.2 million is down considerably from the $132.8 million prosecutors originally sought in a forfeiture order against Barry J. Cadden. Cadden, 50,  was convicted in late March on racketeering and mail fraud charges following a 10-week trial. He was acquitted on charges of second degree murder.
In the two-page filing today prosecutors said the $13.2 million represented "the amount of proceeds he (Cadden) obtained directly and indirectly" from the criminal enterprise.
Cadden was the president of the New England Compounding Center, the now defunct drug compounding firm blamed for a deadly 2012 fungal meningitis outbreak.
The government motion notes that a related appeal to the First Circuit Court of Appeals has been stayed clearing the way for the U.S. District Court to rule on the judgment request.
Cadden through his attorneys has argued that any forfeiture or judgment should be limited to a little under $250,000. Prosecutors originally sought a $132.8 million forfeiture order but then revised it downward to $75 million.
In related action, U.S. District Judge Richard G. Stearns has granted a motion by a co-defendant in the case to travel out-of-state while he awaits trial.
Scott M. Connolly was granted permission to travel to Leavittown, N.Y. for two days this month on "a family business matter" and to travel to South Setauket, N.Y. in early October to visit family.
Connolly has been charged with racketeering and conspiracy. He, Cadden and 12 others were indicted in late 2014 following a two-year federal probe of the fungal meningitis outbreak.
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