NECC Defendant Seeks Another Delay

By Walter F. Roche Jr.

The former vice president of a drug compounding company blamed for a deadly outbreak is seeking yet another delay in sentencing following his conviction on a charge of conspiring to defraud the U.S. Food and Drug Administration.
The lawyer for Gregory Conigliaro today filed a motion in U.S. District Court in Boston, Mass.to have his client's sentencing delayed until after Aug. 30. The current date, Aug. 5, was set following a prior motion to delay the original March sentencing date.
Daniel Rabinowitz, Conigliaro's lawyer, wrote in the filing that the further delay could obviate the need for any sentencing session since Conigliaro is awaiting a decision on a motion for acquittal or a new trial.
Conigliaro was one of five defendants convicted late last year following an eight week trial. All of the defendants had ties to the New England Compounding Center, the now shuttered drug compounding firm blamed for the 2012 fungal meningitis outbreak.
Conigliaro was charged with conspiring to defraud the FDA by pretending that NECC was a small family owned pharmacy and not a drug manufacturer.
Rabinowitz wrote that his motion to delay also seeks to force postponement of a conference Conigliaro is supposed to attend June 11 with the Probation Department. The session is needed so the agency can make a pre-sentence report in advance of the actual sentencing hearing.
Rabinowitz noted in his filing that federal prosecutors do not concur in the delay request.
In addition to Conigliaro four other NECC defendants are scheduled for sentencing in the coming weeks.
Kathy Chin is scheduled for Aug. 8 while Michelle Thomas is scheduled for the next day. They were convicted for violations of the Food Drug and Cosmetic Act.
Robert Ronzio, the one time NECC sales chief. is scheduled for an Aug. 7 sentencing on the same charge as Conigliaro. Ronzio pleaded guilty in a plea agreement with prosecutors. Scott Connolly, who pleaded guilty to mail fraud charges, is scheduled for sentencing on July 17.
In another development this week U.S. District Judge Richard G. Stearns approved a motion instructing the Probation Department to return to Christopher Leary his passport, which he was forced to surrender after he was charged in the case.
Leary, who was an NECC pharmacist, has been sentenced to eight months of home confinement following his conviction on mail fraud and related charges.