CLOSED, VICTIM

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-10124-NG-1


Case title: USA v. Biovail Pharmaceuticals, Inc.

Date Filed: 05/19/2008
Date Terminated: 09/22/2009

Assigned to: Judge Nancy Gertner

Defendant (1)
Biovail Pharmaceuticals LLC
TERMINATED: 09/22/2009
formerly known as
Biovail Pharmaceuticals, Inc.
TERMINATED: 09/22/2009
represented byGeoffrey E Hobart
Covington & Burling
1201 Pennsylvania Ave. NW
Washington, DC 20004-2401
202-662-6000
Email: ghobart@cov.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371...CONSPIRACY
(1)
Sentence imposed as follows: Fine $22,243,590; Restitution $2,404,286; Special Assessment $2800. No Term of Supervision or Probation imposed. It is further ordered that the fine shall be paid in full to the U.S. within five days of Sentencing. The defendant shall make Restitution w/interest at the Medicare Trust Fund Rate. Restitution shall be made according to the terms of the Civil Settlement Agreement to be entered into on or before 7/31/09. (court notes that this was executed on 9/14/09) Special Assessment shall be paid immediately.
42:1320a-7(b)(2)(A)...OFFER OF REMUNERATION TO PHYSICIANS
(2-7)
Sentence imposed as follows: Fine $22,243,590 ; Restitution $2,404,286; Special Assessment $2800. No Term of Supervision or Probation imposed. It is further ordered that the fine shall be paid in full to the U.S. within five days of Sentencing. The defendant shall make Restitution w/interest at the Medicare Trust Fund Rate. Restitution shall be made according to the terms of the Civil Settlement Agreement to be entered into on or before 7/31/09. (court notes that this was executed on 9/14/09) Special Assessment shall be paid immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented bySara M. Bloom
United States Attorney's Office
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3265
Fax: 617-748-3971
Email: sara.bloom@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/19/20081INFORMATION (Felony) as to Biovail Pharmaceuticals, Inc. (1) count(s) 1, 2-7. (Attachments: # 1 js45)(Smith3, Dianne) (Entered: 05/20/2008)
09/18/2008  ELECTRONIC NOTICE OF HEARING as to Biovail Pharmaceuticals, Inc. Change of Plea Hearing set for 11/13/2008 02:30 PM in Courtroom 2 before Judge Nancy Gertner....The parties are advised that the Court will not accept a plea agreement which requires the defendant to waive his/her appeal rights. The Court deems it the responsibility of the United States Attorney to advise the defendant whether there is a statutory requirement that the defendant be placed into custody of the United States Marshal immediately following the entry of a guilty plea.It is ORDERED that a copy of the written plea agreement, together with notice whether detention may follow acceptance of the plea, shall be submitted to the Court by no later than 12:00 Noon the day before the scheduled Rule 11 hearing. (Molloy, Maryellen) (Entered: 09/18/2008)
10/27/20082NOTICE OF ATTORNEY APPEARANCE: Geoffrey E Hobart appearing for Biovail Pharmaceuticals, Inc. (Hobart, Geoffrey) (Entered: 10/27/2008)
10/27/20083NOTICE of Name Change by Biovail Pharmaceuticals, Inc. (Hobart, Geoffrey) (Entered: 10/27/2008)
10/27/20084CORPORATE DISCLOSURE STATEMENT as to Biovail Pharmaceuticals, Inc. (Hobart, Geoffrey) (Entered: 10/27/2008)
10/27/20085Assented to MOTION TO PERMIT THE ENTRY OF GUILTY PLEA BY COUNSEL as to Biovail Pharmaceuticals, Inc.. (Hobart, Geoffrey) (Entered: 10/27/2008)
10/28/2008   Judge Nancy Gertner: Electronic ORDER entered granting 5 Assented to Motion to Permit the Entry of Guilty Plea by Counsel as to Biovail Pharmaceuticals, Inc (1). (Gaudet, Jennifer) (Entered: 10/28/2008)
10/30/20086Joint MOTION to Continue Plea and Sentencing Hearing to approximately 12/15/2008 as to Biovail Pharmaceuticals, Inc.. (Hobart, Geoffrey) (Entered: 10/30/2008)
11/05/2008   Judge Nancy Gertner: Electronic ORDER entered..... Granting 6 Joint Motion to Continue as to Biovail Pharmaceuticals, Inc. (1) Plea and Sentence reset from 11/13/08 to 12/11/2008 03:00 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 11/05/2008)
11/05/2008  Judge Nancy Gertner: ElectronicORDER entered. ORDER ON EXCLUDABLE DELAY as to Biovail Pharmaceuticals, Inc. Time excluded from 11/13/2008 until 12/11/2008. (Gaudet, Jennifer) (Entered: 11/05/2008)
12/03/20087Joint MOTION to Continue Plea and Sentencing Hearing to the first week of February 2009 as to Biovail Pharmaceuticals LLC. (Hobart, Geoffrey) (Entered: 12/03/2008)
12/09/2008   Judge Nancy Gertner: Electronic ORDER entered Granting 7 Motion to Continue as to Biovail Pharmaceuticals LLC (1): Plea and Sentence reset to 2/11/2009 03:00 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 12/09/2008)
02/02/20098Joint MOTION to Continue Plea and Sentencing Hearing to the first week of April 2009 as to Biovail Pharmaceuticals LLC. (Hobart, Geoffrey) (Entered: 02/02/2009)
02/03/2009   Judge Nancy Gertner: Electronic ORDER entered Granting 8 Motion to Continue as to Biovail Pharmaceuticals LLC (1)..... Plea and Sentence reset to 4/2/2009 03:00 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 02/03/2009)
03/18/20099Joint MOTION to Continue Plea and Sentencing Hearing to the period of May 5 - 8, 2009 as to Biovail Pharmaceuticals LLC. (Hobart, Geoffrey) (Entered: 03/18/2009)
03/20/2009   Judge Nancy Gertner: Electronic ORDER entered Granting 9 Joint Motion to Continue as to Biovail Pharmaceuticals LLC.... Plea and Sentence reset to 6/9/2009 02:30 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 03/20/2009)
05/28/200910Joint MOTION to Continue Plea and Sentencing Hearing to a date during the weeks of July 20-24, 2009, August 3-7, 2009 or August 24-28, 2009 as to Biovail Pharmaceuticals LLC. (Hobart, Geoffrey) (Entered: 05/28/2009)
06/02/2009   Judge Nancy Gertner: Electronic ORDER entered... Granting 10 Motion to Continue as to Biovail Pharmaceuticals LLC (1) Plea and Sentence reset to 8/6/2009 03:00 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 06/02/2009)
07/20/2009  ELECTRONIC NOTICE OF RESCHEDULING as to Biovail Pharmaceuticals LLC: Plea and Sentence reset to 9/14/2009 03:00 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 07/20/2009)
07/20/200911 Judge Nancy Gertner: ElectronicORDER entered. ORDER ON EXCLUDABLE DELAY as to Biovail Pharmaceuticals LLC Time excluded from 7/20/09 until 9/14/09. (Molloy, Maryellen) (Entered: 07/20/2009)
09/14/2009  Electronic Clerk Notes for proceedings held before Judge Nancy Gertner: Initial Appearance as to Biovail Pharmaceuticals LLC held on 9/14/2009. (Court Reporter O'Hara.)(Attorneys present: Ausa Bloom, Atty Hobart) (Molloy, Maryellen) (Entered: 09/14/2009)
09/14/200912WAIVER OF INDICTMENT filed in open court by Biovail Pharmaceuticals LLC-allowed 9/14/09. (Molloy, Maryellen) (Gaudet, Jennifer). (Entered: 09/14/2009)
09/14/2009  Electronic Clerk Notes for proceedings held before Judge Nancy Gertner: Waiver of Indictment filed.Change of Plea Hearing as to Biovail Pharmaceuticals LLC held on 9/14/2009, Plea entered by Biovail Pharmaceuticals LLC - Authorization for entry of Guilty Plea filed by Nancy Seil President/Director of Biovail filed. On behalf of the Corporation Atty Hobart enters a Guilty plea to counts 1, 2-7; Court accepts Plea of Guilty on counts 1-7. (see separate clerks notes for sentencing hearing) (Court Reporter O'Hara.)(Attorneys present: Ausa Bloom, Atty Hobart) (Molloy, Maryellen) (Entered: 09/14/2009)
09/14/2009  Electronic Clerk Notes for proceedings held before Judge Nancy Gertner: Sentencing held on 9/14/2009 for Biovail Pharmaceuticals LLC (1), Count(s) 1,2-7 Joint Recommendation accepted by the court. Sentence imposed as follows: Fine $22,243,590; Restitution $2,404,286; Special Assessment $2800. No Term of Supervision or Probation imposed. It is further ordered that the fine shall be paid in full to the U.S. within five days of Sentencing. The defendant shall make Restitution w/interest at the Medicare Trust Fund Rate. Restitution shall be made according to the terms of the Civil Settlement Agreement to be entered into on or before 7/31/09. (court notes that restitution payment was executed on 9/14/09) Special Assessment shall be paid immediately. J&C to issue, court adjourned. (PO L.Roffo); (Court Reporter O'Hara.)(Attorneys present: Ausa Bloom, Atty Hobart) (Molloy, Maryellen) (Entered: 09/14/2009)
09/14/200913NOTICE of Authorization for Entry of Guilty Plea filed in open court by Biovail Pharmaceuticals LLC. (Gaudet, Jennifer) (Entered: 09/15/2009)
09/17/2009  PAYMENT RECEIVED 09/16/2009 in the amount of $ 22,243,590.00, receipt number 289527 re Sentencing : as to Biovail Pharmaceuticals LLC (Adam, Lucien) (Entered: 09/17/2009)
09/22/200914Judge Nancy Gertner: ORDER entered; JUDGMENT as to Biovail Pharmaceuticals LLC (1), Count(s) 1, Sentence imposed as follows: Fine $22,243,590; Restitution $2,404,286; Special Assessment $2800. No Term of Supervision or Probation imposed. It is further ordered that the fine shall be paid in full to the U.S. within five days of Sentencing. The defendant shall make Restitution w/interest at the Medicare Trust Fund Rate. Restitution shall be made according to the terms of the Civil Settlement Agreement to be entered into on or before 7/31/09. (court notes that this was executed on 9/14/09) Special Assessment shall be paid immediately.; Count(s) 2-7, Sentence imposed as follows: Fine $22,243,590 ; Restitution $2,404,286; Special Assessment $2800. No Term of Supervision or Probation imposed. It is further ordered that the fine shall be paid in full to the U.S. within five days of Sentencing. The defendant shall make Restitution w/interest at the Medicare Trust Fund Rate. Restitution shall be made according to the terms of the Civil Settlement Agreement to be entered into on or before 7/31/09. (court notes that this was executed on 9/14/09) Special Assessment shall be paid immediately. (Gaudet, Jennifer) (Entered: 09/22/2009)
08/16/201016Transcript of Rule 11/Sentencing as to Biovail Pharmaceuticals LLC held on September 14, 2009, before Judge Nancy Gertner. Court Reporter Name and Contact Information: Valerie OHara at 617-737-2346 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or 9/7/2010. Redacted Transcript Deadline set for 9/16/2010. Release of Transcript Restriction set for 11/15/2010. (Scalfani, Deborah) (Entered: 08/16/2010)
08/16/201017NOTICE is hereby given that an official transcript of a proceeding as to Biovail Pharmaceuticals LLC has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 08/16/2010)