NECC Defendant Nearing Release

By Walter F. Roche Jr.

The 30-month federal prison sentence of a pharmacist is nearing an end and records filed in U.S. District Court in Boston, Mass.indicate he plans to go to work at a pharmacy run by a member of the state board regulating pharmacies in Massachsetts.
Gene Svirskiy, 40, is due to be released from the federal prison facility in Devens, Mass on Aug. 26.
An early release assessment form filed in Svirskiy's criminal case states that upon his release Svirskiy is slated to go to work at the Birds Hill Compounding Pharmacy in the Boston suburbs. Andrew Stein is listed as the contact person.
Stein is also a current member and former chairman of the Massachusetts Board of Pharmacy, which regulates pharmacists and pharmacies in the state.
Svirskiy's lawyer did not respond to questions about his client's future employment plans. Stein did not respond either.
Svirskiy was given the 30-month sentence following his conviction on racketeering, conspiracy and mail fraud charges. He was one of 13 people connected to the New England Compounding Center to be convicted following a series of trials. The company was the source of contaminated steroids that ultimmately killed over 100 patients.
Though he worked in one of NECC's clean rooms, Svirskiy never handled the fungus laden steroids blamed for the outbreak.
Svirskiy never lost his pharmacist license but under a 2019 agreement with the state board he agreed to a series of restrictions including a 30 month suspension of his license beginning on July 10, 2019. He also is barred from engaging in any sterile compounding unless he has the express approval of the board.
When the suspension expires Svirskiy's license will be in probationary status until Jan. 10, 2025.
That means he could act as a pharmacist early next year provided he first passes a competence examination (Multistate Pharmacy Jurisprudence Examination).
Svirskiy's relationship with Stein became public when he faced sentencing in May 2019. Stein wrote a letter to U.S. District Judge Richard G. Stearns urging leniency and stated that he would hire Svirskiy "on the spot" to work in his pharmacies.
Earlier this year Svirskiy petitioned prison officials and Stearns asking for an early release due to the presence of Covid-19 within the Devens prison facility, but his multiple requests were denied.
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