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Pfizer settles drug-promotion case for $2.3 billion
Lawyer Blog News | 2009/09/02 16:58

Pfizer Inc. will pay $2.3 billion to settle a U.S. investigation into illegal marketing of medicines, the largest agreement in such a case, and a subsidiary will plead guilty to a criminal charge.

The amount, which Pfizer disclosed in January, includes $1.3 billion to close the criminal part of the investigation, the New York-based company said today in a statement. Pharmacia & Upjohn Co., acquired by Pfizer in 2003, will plead guilty to a count of felony misbranding of a pharmaceutical, according to a Justice Department summary of the agreement.

The criminal case stems from promotion of Bextra, a painkiller that Pfizer, the world’s largest drugmaker, acquired through Upjohn and withdrew in 2005 because of its connection with a rare skin condition. Investigators also looked at practices, including kickbacks to doctors in the sale of nine other drugs, among them the impotence drug Viagra and cholesterol treatment Lipitor, the company and government officials said.



Fla. man agrees to plead guilty in ammo sales case
Lawyer Blog News | 2009/09/01 12:11

A U.S. military contractor accused in a scheme to illegally ship nearly $300 million in Chinese-made ammunition to Afghan soldiers has agreed to a plea deal that could send him to prison for up to five years.

Under the deal, prosecutors will drop 84 counts of wrongdoing in exchange for 23-year-old Efraim Diveroli pleading guilty to a conspiracy charge. He could also be fined up to $250,000.

Diveroli was president and owner of AEY Inc., the Miami Beach firm awarded a $298 million U.S. Army contract in 2007 to provide the ammunition to Afghanistan. The contract forbade exporting Chinese ammunition, but prosecutors say the company did it anyway and claimed the rounds were from Albania.

AEY bought much of the ammunition from Albania's Military Export and Import Co., which had purchased huge amounts of Chinese ammunition from 1958 to 1974. Authorities say AEY then repackaged it to remove all traces of the Chinese manufacturer and provided the Army with written certification that the ammunition had come from Albania.

Congressional investigators also found in 2008 that AEY provided potentially unsafe helmets to troops in Iraq, failed to deliver 10,000 pistols to Iraq, and shipped inferior ammunition to U.S. Army special forces. The Pentagon and State Department have terminated or withdrawn numerous contracts with AEY over failure to perform, according to the House Oversight and Government Reform Committee.



Judge to consider Smart competency hearing date
Lawyer Blog News | 2009/08/31 16:44

A federal judge on Monday may set a date for a competency hearing for the man charged with the 2002 abduction of Elizabeth Smart.

Brian David Mitchell, however, was not expected to attend the hearing in U.S. District Court.

Federal prosecutors sought the hearing in June and implied that two doctors who evaluated Mitchell reached different conclusions about his ability to participate in his defense.

Assistant U.S. Attorney Richard Lambert has said a hearing could take 10 days. Court documents show prosecutors plan to call about 39 witnesses, including family, friends, former church leaders and staff at the Utah State Hospital, where Mitchell has been incarcerated for most of the last six years.

In court papers filed last week, Mitchell's defense attorney, Robert Steele, asked a judge to shorten the list in part because most of the proposed witnesses are not qualified to provide an assessment of competency. In addition, the information could potentially date back to Mitchell's childhood and have little relevance to his current mental state, Steele wrote.

Similarly, testimony from state hospital staff is irrelevant because Mitchell has been in the Salt Lake County jail since federal prosecutors took him into custody 10 months ago, court papers say.



Court limits Delaware betting to NFL parlays
Lawyer Blog News | 2009/08/31 16:44

A federal appeals court on Monday dealt another body blow to Delaware's plans for a new sports betting lottery, saying it must be limited to parlay bets on professional football games.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals declared last week that Delaware's sports betting plan, which included single-game bets and wagering on a variety of professional and collegiate sports, violated federal law but it did not expressly say why.

On Monday, the panel outlined its reasoning in a 23-page opinion. The court said it interpreted language that exempted Delaware from a 1992 federal ban on sports gambling — known as the Professional and Amateur Sports Protection Act — as precluding any type of betting beyond what it had offered in a failed National Football League lottery in 1976.

That lottery allowed only parlay bets, which means bettors had to pick the winners of at least three separate NFL games in a single wager.

"Thus, any effort by Delaware to allow wagering on athletic contests involving sports beyond the NFL would violate PASPA," Judge Thomas Hardiman wrote for the court. "It is also undisputed that no single-game betting was 'conducted' by Delaware in 1976, or at any other time during the time period that triggers the PASPA exception."



Ex-CIA spy's son pleads guilty to conspiracy
Lawyer Blog News | 2009/08/28 17:27
The son of an ex-CIA spy agreed to testify against his imprisoned father Thursday in a plea deal that could help him avoid jail time for taking money from Russian agents.

Nathaniel Nicholson pleaded guilty on Thursday to conspiracy to act as an agent of a foreign government and conspiracy to commit money laundering.

Jim Nicholson was the highest-ranking CIA official ever convicted of espionage when he pleaded guilty in 1997 to a conspiracy charge that sent him to prison for more than 23 years. He had been accused of selling information to the Russians about the CIA agents he trained and passing along other secrets.

Both Nicholsons were indicted in January on new charges of conspiracy, money laundering and acting as an agent of a foreign government. Jim Nicholson was accused of sending his son back to his Russian handlers from 2006 to 2008 to squeeze more money out of them.

Under the plea agreement, the 25-year-old Nicholson admitted taking money from the Russians and promised to testify, if required, against his father in the new case. In return, federal prosecutors have agreed to recommend a sentence that could result only in probation.

During a hearing before U.S. District Judge Anna Brown, Nathaniel Nicholson admitted traveling to San Francisco, Mexico City, Lima, Peru and Nicosia, Cyprus, to meet with agents of the Russian Federation on behalf of his father.



Court rejects FCC 30 pct cap on cable market share
Lawyer Blog News | 2009/08/28 17:26
An appeals court on Friday overturned a rule that said a cable TV company could not serve more than 30 percent of the nation's subscribers. The verdict was a victory for the largest cable company, Comcast Corp., which has 26 percent share and sued to block the rule.

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the cap, imposed by the Federal Communications Commission, was "arbitrary and capricious," and threw out the restriction.

Fearing a cable monopoly, Congress in 1992 directed the FCC to set limits on how many customers cable TV operators could reach nationwide.

The FCC set the 30 percent limit, but that was thrown out twice before by the courts. Two years ago the cap was reinstated, prompting the new challenge from Comcast.

FCC Commissioner Robert McDowell said he had disagreed with the commission's decision to re-impose the cap in 2007 because he felt the rule was vulnerable to a challenge given that it was already overturned in 2001. He said that the commission's cap was based on "aging data and questionable assumptions" that didn't adequately reflect the entry of new competitors to cable operators.



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