CLOSED, CONSENT

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-10431-MBB-1


Case title: USA v. Elan Pharmaceuticals, Inc.

Date Filed: 12/15/2010
Date Terminated: 03/01/2011

Assigned to: Magistrate Judge Marianne B. Bowler

Defendant (1)
Elan Pharmaceuticals, Inc.
TERMINATED: 03/01/2011
represented byJohn C. Dodds
Morgan Lewis & Boskius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
215-963-4942
Fax: 215-963-5001
Email: jdodds@morganlewis.com
ATTORNEY TO BE NOTICED
Designation: Retained

Joshua S. Levy
Ropes & Gray LLP
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
617-951-7281
Fax: 617-951-7050
Email: jlevy@ropesgray.com
ATTORNEY TO BE NOTICED
Designation: Retained

Matthew B. Arnould
Ropes & Gray - MA
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
617-235-4829
Email: matthew.arnould@ropesgray.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:331(a), 333(a)(1) and 352(f)(1) INTRODUCTION INTO INTERSTATE COMMERCE OF A MISBRANDED DRUG
(1)
Defendant is fined in the amount of $97,050,266.00. Defendant is to to pay forfeiture in the amount of $3,600,000.00 and a special assessment of $125. The special assessment shall be paid forthwith; the fine shall be paid within the next seven days - on or before 3/7/2011.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byAnton P. Giedt
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3309
Fax: 617-748-3967
Email: anton.giedt@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mary Elizabeth Carmody
U.S. Attoneys Office
Health Care Fraud
One Courthouse Way, Suite 9200
Boston, MA 02110
617-748-3290
Fax: 617-748-3675
Email: mary.carmody2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/15/2010INFORMATION (Misdemeanor) as to Elan Pharmaceuticals, Inc. (1) count(s) 1. (Attachments: # 1 JS45)(Cummings, Mary) (Entered: 12/15/2010)
12/15/2010  Judge William G. Young (Emergency Duty Judge): ELECTRONIC ORDER entered. The court has determined that this misdemeanor Information shall be drawn to a Magistrate Judge for all proceedings including entry of judgment as to Elan Pharmaceuticals, Inc. (Cummings, Mary) (Entered: 12/15/2010)
12/15/2010  ELECTRONIC NOTICE of Case Assignment as to Elan Pharmaceuticals, Inc.; Magistrate Judge Marianne B. Bowler assigned to case. (Cummings, Mary) (Entered: 12/15/2010)
12/21/2010NOTICE OF ATTORNEY APPEARANCE: Joshua S. Levy appearing for Elan Pharmaceuticals, Inc.. Type of Appearance: Retained. (Levy, Joshua) (Entered: 12/21/2010)
12/22/2010  ELECTRONIC NOTICE OF HEARING as to Elan Pharmaceuticals, Inc. Initial Appearance set for 1/3/2011 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. Status Conference set for 1/3/2011 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Hourihan, Lisa) (Entered: 12/22/2010)
01/03/2011CORPORATE DISCLOSURE STATEMENT as to Elan Pharmaceuticals, Inc. identifying Corporate Parent Elan Corporation, PLC for Elan Pharmaceuticals, Inc. (Levy, Joshua) (Entered: 01/03/2011)
01/03/2011CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE by Elan Pharmaceuticals, Inc. (Levy, Joshua) (Entered: 01/03/2011)
01/03/2011  ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Initial Status Conference as to Elan Pharmaceuticals, Inc. held on 1/3/2011. Representative from corporation not present at this time. Counsel report that defendant waives initial appearance. Government to file sentencing memorandum by 1/18/11. Defendant to file sentencing memorandum by 1/28/11. Arraignment set for 2/1/2011 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. Sentencing set for 2/1/2011 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Attorneys present: Mary Elizabeth Carmody and Anton Giedt for the Government. Joshua Levy for the defendant)Court Reporter Name and Contact or digital recording information: Digital Recording. (Hourihan, Lisa) (Entered: 01/04/2011)
01/14/2011 MOTION for Leave to Appear Pro Hac Vice by John C. Dodds as to Elan Pharmaceuticals, Inc.. (Levy, Joshua) (Entered: 01/14/2011)
01/19/2011SENTENCING MEMORANDUM by USA as to Elan Pharmaceuticals, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit)(Carmody, Mary) (Entered: 01/19/2011)
01/20/2011  FILING FEE/PAYMENT RECEIVED $ 50.00, receipt number BST021851 re 5 MOTION for Leave to Appear Pro Hac Vice by John C. Dodds as to Elan Pharmaceuticals, Inc. (Russo, Patricia) (Entered: 01/20/2011)
01/20/2011   Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice as to Elan Pharmaceuticals, Inc. (1). (Bowler, Marianne) (Entered: 01/20/2011)
01/21/2011  Attorney update in case as to Elan Pharmaceuticals, Inc. John C. Dodds added as counsel. (Garvin, Brendan) (Entered: 01/21/2011)
01/26/2011NOTICE OF ATTORNEY APPEARANCE: Matthew B. Arnould appearing for Elan Pharmaceuticals, Inc.. Type of Appearance: retained. (Arnould, Matthew) (Entered: 01/26/2011)
01/28/2011SENTENCING MEMORANDUM by Elan Pharmaceuticals, Inc. (Levy, Joshua) (Entered: 01/28/2011)
01/31/2011 MOTION for Forfeiture of Property (Money Judgment) as to Elan Pharmaceuticals, Inc. by USA. (Attachments: # 1 Order of Forfeiture (Money Judgment))(Lei, Veronica) (Entered: 01/31/2011)
02/03/2011  ELECTRONIC NOTICE OF RESCHEDULING as to Elan Pharmaceuticals, Inc. Arraignment set for 2/28/2011 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. Sentencing set for 2/28/2011 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Garvin, Brendan) (Entered: 02/03/2011)
02/28/2011   Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 9 Motion for Forfeiture of Property as to Elan Pharmaceuticals, Inc. (1). (Bowler, Marianne) (Entered: 02/28/2011)
02/28/2011  ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler:Arraignment as to Elan Pharmaceuticals, Inc. (1) Count 1 held on 2/28/2011, Plea entered by Elan Pharmaceuticals, Inc. (1) Count 1 Elan Pharmaceuticals, Inc. (1) Guilty Count 1 Elan Pharmaceuticals, Inc. (1) Count 1., Sentencing held on 2/28/2011 for Elan Pharmaceuticals, Inc. (1), Count(s) 1, Defendant is fined in the amount of $97,050,266.00. Defendant is to to pay forfeiture in the amount of $3,600,000.00 and a special assessment of $125. The special assessment shall be paid forthwith; the fine shall be paid within the next seven days - on or before 3/7/2011.(Attorneys present: Anton Geidt and Mary Elizabeth Carmody for the Government. Joshua S. Levy, John C. Dodds, and Matthew B. Arnould for the defendants.. )Court Reporter Name and Contact or digital recording information: Valerie OHara at vaohara@gmail.com. (Garvin, Brendan) (Entered: 03/01/2011)
03/01/201110 Magistrate Judge Marianne B. Bowler: ORDER entered. JUDGMENT as to Elan Pharmaceuticals, Inc. (1), Count(s) 1, Defendant is fined in the amount of $97,050,266.00. Defendant is to to pay forfeiture in the amount of $3,600,000.00 and a special assessment of $125. The special assessment shall be paid forthwith; the fine shall be paid within the next seven days - on or before 3/7/2011. (Garvin, Brendan) (Entered: 03/01/2011)
03/04/2011  PAYMENT RECEIVED $ 97,050,266.00, receipt number 530001 re 10 Judgment, as to Elan Pharmaceuticals, Inc. (Adam, Lucien) (Entered: 03/04/2011)
03/04/201111 Magistrate Judge Marianne B. Bowler: ORDER of Forfeiture entered as to Elan Pharmaceuticals, Inc. (Garvin, Brendan) (Entered: 03/04/2011)
03/07/201112 Transcript of Arraignment/Sentencing as to Elan Pharmaceuticals, Inc. held on February 28, 2011, before Magistrate Judge Marianne B. Bowler. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 3/28/2011. Redacted Transcript Deadline set for 4/7/2011. Release of Transcript Restriction set for 6/6/2011. (Scalfani, Deborah) (Entered: 03/07/2011)
03/07/201113 NOTICE is hereby given that an official transcript of a proceeding as to Elan Pharmaceuticals, Inc. 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: 03/07/2011)
03/11/201114 US Marshal Process Receipt and Return for Order of Forfeiture (Money Judgment). served, delivered on 3/9/11. (Garvin, Brendan) (Entered: 03/11/2011)