Tuesday, October 9, 2018

Cadden Boat on Auction Block


By Walter F. Roche Jr.

A federal judge has approved an order to put up for auction a sailboat seized from the president of a now defunct drug compounding company blamed for the deaths of 76 patients in a 2012 fungal meningitis outbreak.
U.S. District Judge Richard G. Stearns order issued today in U.S. District Court in Boston, Mass. comes as the trial of six employees of that same drug company are about to face trial on racketeering and conspiracy charges. Opening arguments in the case are set for Monday.
Stearns order authorizes the U.S. Marshall's Service to auction off the sailboat seized from Barry J. Cadden, who was president and pharmacist-in-charge at the New England Compounding Center.
The boat was one of several Cadden assets subject to seizure under an agreement between the U.S. Justice Department and the Cadden family. According to court records Cadden purchased the sailboat from Port Harbor Marine and it was seized from a Rhode Island vacation home owned by the Caddens.
As part of the settlement agreement the Caddens will get to keep the Rhode Island shore property in exchange for a $369,000 payment to the federal government.
The seizure agreement also calls for the sale of Cadden's multimillion dollar Wrentham, Mass. home and several bank accounts.
Cadden, who is now serving a nine year prison sentence was convicted of racketeering and mail fraud but cleared of 25 counts of second degree murder.
The trial set to begin Monday charges the six one time NECC employees with conspiracy, defrauding the U.S. Food and Drug Administration and mail fraud. Only one of the defendants, Gregory Conigliaro, was an officer and part owner of NECC. He faces a single conspiracy count.
The six facing trial are Gene Svirskiy, Christopher Leary, Joseph Evanosky, Sharon Carter and Alla Stepanets, along with Conigliaro.
Those listed as possible witnesses include employees of the FDA and the U.S. Centers for Disease Control and Prevention. Conigliaro has listed as possible witnesses two ex-employees of the Massachusetts Board of Pharmacy, the agency which licensed NECC.
Other defendants have listed as possible witnesses employees of health care providers who purchased drugs from NECC.
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