CLOSED

U.S. District Court
Northern District of Georgia (Atlanta)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00375-ODE All Defendants


Case title: USA v. Allergan, Inc.

Date Filed: 09/01/2010
Date Terminated: 10/07/2010

Assigned to: Judge Orinda D. Evans

Defendant (1)
Allergan, Inc.
TERMINATED: 10/07/2010
represented byJohn T. Bentivoglio
Skadden Arps Slate Meagher & Flomm LLP -DC
1440 New York Avenue, N.W.
Washington, DC 20005
202-371-7560
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Matthew Howard Baughman
King & Spalding, LLP-ATL
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
404-572-4751
Fax: 404-572-5141
Email: mbaughman@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Phyllis Buchen Sumner
King & Spalding, LLP-ATL
1180 Peachtree Street, NE
Suite 1700
Atlanta, GA 30309-3521
404-572-4799
Fax: 404-572-5138
Email: psumner@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Stephen S. Cowen
King & Spalding, LLP-ATL
1180 Peachtree Street, NE
Suite 1700
Atlanta, GA 30309-3521
404-572-4600
Email: scowen@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Victoria Marie Calvert
King & Spalding, LLP-ATL
1180 Peachtree Street, NE
Suite 1700
Atlanta, GA 30309-3521
404-572-4600
Email: vcalvert@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:331(a), 333(a)(1), and 352(f)(1) - ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG
(1)
FINE: $375,000,000.00, $350,000,000.00 OF WHICH SHALL CONSTITUTE A CRIMINAL FINE AND $25,000,000.00 OF WHICH WILL BE APPLIED AS SUBSTITUTE ASSETS TO SUPPLY THE FORFEITURE OBLIGATION. FINE SHALL BE PAID WITHIN 10 DAYS OF SENTENCING. FORFEITURE. $125.00 SPECIAL ASSESSMENT.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDouglas White Gilfillan
Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6186
Email: doug.gilfillan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John W. Burke , IV
U.S. Department of Justice-DC-PO BOX
P.O. Box 386
Washington, DC 20044
202-353-2001
Email: josh.burke@usdoj.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Randy Scott Chartash
Office of United States Attorney
Northern District of Georgia
Economic Crime Section
600 United States Courthouse
75 Spring Street, SW
Atlanta, GA 30303
404-581-6009
Email: randy.chartash@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Dahil Dueno Goss
Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6245
Email: dahil.goss@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/01/20101INFORMATION as to Allergan, Inc. (1) count(s) 1 with FORFEITURE PROVISION. (ryc) (Entered: 09/01/2010)
09/01/20102Defendant Information Sheet as to Allergan, Inc.. (ryc) (Entered: 09/01/2010)
09/01/20103Request for Arraignment as to Allergan, Inc. (ryc) (Entered: 09/01/2010)
09/01/20104NOTICE OF ATTORNEY APPEARANCE: Stephen S. Cowen appearing on behalf of Allergan, Inc. (Cowen, Stephen) (Entered: 09/01/2010)
09/01/20105NOTICE OF ATTORNEY APPEARANCE: Phyllis Buchen Sumner appearing on behalf of Allergan, Inc. (Sumner, Phyllis) (Entered: 09/01/2010)
09/01/20106NOTICE OF ATTORNEY APPEARANCE: Matthew Howard Baughman appearing on behalf of Allergan, Inc. (Baughman, Matthew) (Entered: 09/01/2010)
09/01/20107NOTICE OF ATTORNEY APPEARANCE: Victoria Marie Calvert appearing on behalf of Allergan, Inc. (Calvert, Victoria) (Entered: 09/01/2010)
09/01/20108Certificate of Interested Persons and Corporate Disclosure Statement by Allergan, Inc. (Cowen, Stephen) Modified on 9/2/2010 to update text re title of pleading (alc). (Entered: 09/01/2010)
09/02/20109NOTICE of Change of Attorney Address for Matthew Howard Baughman, counsel for Allergan, Inc. (Baughman, Matthew) (Entered: 09/02/2010)
09/02/2010  Case as to Allergan, Inc. Assigned to Judge Orinda D. Evans. (ank) (Entered: 09/02/2010)
09/02/201010Minute Entry for proceedings held before Magistrate Judge Janet F. King: INITIAL APPEARANCE as to Allergan, Inc... (Tape #FTR) (ank) (Entered: 09/02/2010)
09/07/201011NOTICE OF ATTORNEY APPEARANCE Dahil Dueno Goss appearing for USA. for asset forfeiture issues (Goss, Dahil) (Entered: 09/07/2010)
09/14/2010  NOTICE Setting Case for Tender of Plea as to Allergan, Inc.. Tender Plea Hearing set for 9/22/2010 at 02:00 PM in ATLA Courtroom 1908 before Judge Orinda D. Evans. (vh) (Entered: 09/14/2010)
09/20/201012 APPLICATION for Admission of John T. Bentivoglio Pro Hac Vice (Application fee $ 150, receipt number 113E-2906680) by Allergan, Inc.. (Cowen, Stephen) (Entered: 09/20/2010)
09/20/2010  NOTICE Resetting Case for Tender of Plea as to Allergan, Inc.. Tender Plea Hearing reset for 10/5/2010 at 03:00 PM in ATLA Courtroom 1908 before Judge Orinda D. Evans. (vh) (Entered: 09/20/2010)
09/24/2010  APPROVAL by Clerks Office re: 12 APPLICATION for Admission of John T. Bentivoglio Pro Hac Vice (Application fee $ 150, receipt number 113E-2906680). Attorney John T. Bentivoglio added appearing on behalf of Allergan, Inc. (cdg) (Entered: 09/24/2010)
10/04/201013 Sentencing Memorandum as to Allergan, Inc. filed by USA (Chartash, Randy) (Entered: 10/04/2010)
10/04/201014 Sentencing Memorandum as to Allergan, Inc. filed by Allergan, Inc. (Cowen, Stephen) (Entered: 10/04/2010)
10/05/201015ORDER that the 12 Application for Admission Pro Hac Vice of John T. Bentivoglio as to Allergan, Inc. (1) is GRANTED. Signed by Judge Orinda D. Evans on 10/5/2010. (ank) (Entered: 10/05/2010)
10/05/2010  Clerks Certificate of Mailing as to Allergan, Inc. as to John T. Bentivoglio re 15 Order on Application for Admission PHV (ank) (Entered: 10/05/2010)
10/05/201017CONSENT PRELIMINARY ORDER OF FORFEITURE OF PROPERTY as to Allergan, Inc.. Signed by Judge Orinda D. Evans on 10/5/2010. (ank) (Entered: 10/08/2010)
10/05/201018CORPORATE INTEGRITY AGREEMENT between the Office of Inspector General of the Department of Health and Human Services and Allergan, Inc. (ank) (Entered: 10/08/2010)
10/05/201019Minute Entry for proceedings held before Judge Orinda D. Evans: ARRAIGNMENT & Sentencing as to Allergan, Inc. Defendant/Corporation informed of rights and enters a PLEA of GUILTY to Count 1. (Attachments: # 3 Exhibit B, Plea Agreement) (Court Reporter Andy Ashley) (ank) (Entered: 10/08/2010)
10/07/201016TRANSCRIPT of Proceedings as to Allergan, Inc. held on October 5, 2010, before Judge Orinda D. Evans. Court Reporter/Transcriber Andy Ashley, Telephone number (404) 215-1478. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/5/2011. (Attachments: # 1 Notice of Filing Transcript) (fem) (Entered: 10/08/2010)
10/07/201020JUDGMENT AND COMMITMENT as to Allergan, Inc. (1) on Count 1 - FINE OF $375,000,000.00, $350,000,000.00 OF WHICH SHALL CONSTITUTE A CRIMINAL FINE AND $25,000,000.00 OF WHICH WILL BE APPLIED AS SUBSTITUTE ASSETS TO SUPPLY THE FORFEITURE OBLIGATION. FINE SHALL BE PAID WITHIN 10 BUSINESS DAYS OF SENTENCING. FORFEITURE PROVISION. $125.00 SPECIAL ASSESSMENT. Signed by Judge Orinda D. Evans on 10/7/2010. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (ank) (Entered: 10/08/2010)
10/08/2010  Clerks Certificate of Mailing as to John Bentivoglio re 17 Consent Preliminary Order for Forfeiture of Property (ank) (Entered: 10/08/2010)
11/08/201021NOTICE OF FILING Declaration of Publication as to Allergan, Inc. filed by USA (Goss, Dahil) (Entered: 11/08/2010)
12/22/201022Final MOTION for Forfeiture of Property by USA as to Allergan, Inc.. (Attachments: # 1 Proposed Final Order and Judgment of Forfeiture) (Goss, Dahil) (Entered: 12/22/2010)
12/28/201023FINAL ORDER AND JUDGMENT OF FORFEITURE granting 22 Motion for Forfeiture of Property as to Allergan, Inc. re: $25,000,000.00 as a substitute asset for certain misbranded drugs. Signed by Judge Orinda D. Evans on 12/28/10. (bse) (Entered: 12/29/2010)
12/29/2010  Clerks Certificate of Mailing as to John Bentivoglio re 23 Order on Motion for Forfeiture of Property. (bse) (Entered: 12/29/2010)