| CLOSED,VICTIM |
Case title: USA v. Forest Pharmaceuticals, Inc. |
Date Filed: 09/15/2010 Date Terminated: 03/03/2011 |
| Assigned to: Judge Nancy Gertner | ||
Defendant (1) |
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Forest Pharmaceuticals, Inc.
TERMINATED: 03/03/2011 |
represented by | Andrew R Levin
Sugarman, Rogers, Barshak & Cohen, PC 101 Merrimac Street Boston, MA 02114 617-227-3030 Fax: 617-523-4001 Email: levin@srbc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Andrew J. Ceresney Debevoise & Plimpton 919 Third Ave. New York, NY 10022-3902 212-909-6000 Email: ajceresney@debevoise.com PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained Bryan P. Kessler Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 212-909-6000 Email: bpkessle@debevoise.com PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained Christopher K. Tahbaz Debevoise & Plimpton 919 Third Ave. New York, NY 10022-3902 212-909-6000 Email: cktahbaz@debevoise.com PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained William F. Benson Sugarman, Rogers, Barshak & Cohen, P.C. 101 Merrimac Street Boston, MA 02114-4737 617-227-3030 Fax: 617-523-4001 Email: benson@srbc.com ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 18:1505 OBSTRUCTION OF AGENCY PROCEEDINGS (1) |
The defendant is sentenced on Counts 1-3 to a fine of $150,000,000. The fine is to be divided up - Count 1 - $500,000. Count 2- $110,000,000. and Count 3 - $39,500,000. Special assessment on Count 1 of $400., Count 2 of $125., and Count 3 of $125. Order of Forfeiture entered in the amount of $14,000,000. which will be made part of the judgment. No restitution. See judgment for details. | |
| 21:331, 333 (a)(1) & 355(a) DISTRIBUTION OF AN UNAPPROVED NEW DRUG (2) |
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| 21:331, 333 (a)(1) & 352(f)(1) DISTRIBUTION OF A MISBRANDED DRUG; INADEQUATE DIRECTIONS FOR USE (3) |
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Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | James E. Arnold
United States Attorney's Office Suite 9200 1 Courthouse Way Boston, MA 02210 617-748-3603 Fax: 617-748-3675 Email: james.arnold@usdoj.gov ATTORNEY TO BE NOTICED Jeffrey I. Steger United States Department of Justice 450 5th Street, NW, Room 6400 Washington, DC 20001 202-307-0047 Email: jeffrey.steger@usdoj.gov ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/15/2010 | ELECTRONIC NOTICE of Case Assignment as to Forest Pharmaceuticals, Inc.; Judge Nancy Gertner assigned to case. (Cummings, Mary) (Entered: 09/15/2010) | |
| 09/15/2010 | 1 | INFORMATION (Felony and Misdemeanor) as to Forest Pharmaceuticals, Inc. (1) count(s) 1, 2, 3. (Attachments: # 1 JS45)(Cummings, Mary) (Entered: 09/15/2010) |
| 09/15/2010 | 7 | PLEA AGREEMENT as to Forest Pharmaceuticals, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gaudet, Jennifer) (Entered: 10/25/2010) |
| 09/15/2010 | 8 | Side Letter Agreement as to Forest Pharmaceuticals, Inc. (Attachments: # 1 Exhibit one, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit two, # 9 Exhibit three, # 10 Exhibit four)(Gaudet, Jennifer) (Entered: 10/25/2010) |
| 09/21/2010 | 2 | NOTICE OF ATTORNEY APPEARANCE: William F. Benson appearing for Forest Pharmaceuticals, Inc.. Type of Appearance: Retained. (Benson, William) (Entered: 09/21/2010) |
| 09/21/2010 | 3 | NOTICE OF ATTORNEY APPEARANCE: Andrew R Levin appearing for Forest Pharmaceuticals, Inc.. Type of Appearance: Retained. (Levin, Andrew) (Entered: 09/21/2010) |
| 09/21/2010 | 4 | MOTION for Leave to Appear Pro Hac Vice by Christopher K. Tahbaz, Andrew J. Ceresney and Bryan P. Kessler as to Forest Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A - C)(Benson, William) (Entered: 09/21/2010) |
| 09/21/2010 | 5 | CORPORATE DISCLOSURE STATEMENT as to Forest Pharmaceuticals, Inc. identifying Corporate Parent Forest Laboratories, Inc. for Forest Pharmaceuticals, Inc. (Benson, William) (Entered: 09/21/2010) |
| 09/23/2010 | FILING FEE/PAYMENT RECEIVED $ 150.00, receipt number BST019775 re 4 MOTION for Leave to Appear Pro Hac Vice by Christopher K. Tahbaz, Andrew J. Ceresney and Bryan P. Kessler as to Forest Pharmaceuticals, Inc. (Russo, Patricia) (Entered: 09/23/2010) | |
| 09/24/2010 | Judge Nancy Gertner: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice. Added Christopher K. Tahbaz, Andrew J. Ceresney and Bryan P. Kessler as to Forest Pharmaceuticals, Inc. (1). Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Gaudet, Jennifer) (Entered: 09/24/2010) | |
| 10/08/2010 | 6 | NOTICE OF ATTORNEY APPEARANCE Jeffrey I. Steger appearing for USA. (Steger, Jeffrey) (Entered: 10/08/2010) |
| 10/25/2010 | 9 | MOTION for Rule 11 Hearing as to Forest Pharmaceuticals, Inc. by USA. (Arnold, James) (Entered: 10/25/2010) |
| 10/26/2010 | ELECTRONIC NOTICE OF ARRGN/RULE 11 HEARING as to Forest Pharmaceuticals, Inc. Rule 11 Hearing set for 11/19/2010 11:00 AM 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. IT IS FURTHER ORDERED THAT THE DEFENDANT SHALL REPORT TO PRETRIAL SERVICES BY 9:00 A.M. FOR INTERVIEW TO ENABLE THE PREPARATION OF A PRETRIAL REPORT. THE DEFENDANT SHALL ALSO REPORT TO THE UNITED STATES MARSHAL FOR PROCESSING PRIOR TO THE HEARING. (Molloy, Maryellen) (Entered: 10/26/2010) | |
| 10/26/2010 | Judge Nancy Gertner: ELECTRONIC ORDER entered granting 9 Motion for Rule 11 Hearing as to Forest Pharmaceuticals, Inc. (1) (Gaudet, Jennifer) (Entered: 10/26/2010) | |
| 10/26/2010 | 10 | NOTICE OF ATTORNEY APPEARANCE: Andrew J. Ceresney appearing for Forest Pharmaceuticals, Inc.. (Ceresney, Andrew) (Entered: 10/26/2010) |
| 10/26/2010 | 11 | NOTICE OF ATTORNEY APPEARANCE: Bryan P. Kessler appearing for Forest Pharmaceuticals, Inc.. (Kessler, Bryan) (Entered: 10/26/2010) |
| 10/26/2010 | 12 | NOTICE OF ATTORNEY APPEARANCE: Christopher K. Tahbaz appearing for Forest Pharmaceuticals, Inc.. (Tahbaz, Christopher) (Entered: 10/26/2010) |
| 11/17/2010 | 13 | Memorandum regarding Joint Submission Regarding Plea Agreement as to Forest Pharmaceuticals, Inc. (Attachments: # 1 Exhibit 1: Plea Agreement, # 2 Exhibit 2: Side Letter Agreement with Forest Laboratories, Inc.)(Arnold, James) (Entered: 11/17/2010) |
| 11/19/2010 | ELECTRONIC Clerk's Notes for proceedings held before Judge Nancy Gertner:(Information)Initial Appearance as to Forest Pharmaceuticals, Inc held on 11/19/2010. (Attorneys present: Ausa Arnold, Atty Ceresney)Court Reporter Name and Contact or digital recording information: Valerie OHara at vaohara@gmail.com. (Molloy, Maryellen) (Entered: 11/19/2010) | |
| 11/19/2010 | 14 | WAIVER OF INDICTMENT by Forest Pharmaceuticals, Inc. (Molloy, Maryellen) (Gaudet, Jennifer). (Entered: 11/19/2010) |
| 11/19/2010 | ELECTRONIC Clerk's Notes for proceedings held before Judge Nancy Gertner:Waiver of Indictment filed and accepted;Arraignment on an Information as to Forest Pharmaceuticals, Inc. (1) Count 1,2,3 held on 11/19/2010. 11(c)(1)(c)waiver accepted by the court; Plea entered by Forest Pharmaceuticals, Inc.(1) Guilty Count 1,2,3 Atty Herschel Weinstein-General Counsel for Forest Pharmaceuticals appeared on behalf of the Sentencing set for 3/16/2011 02:30 PM in Courtroom 2 before Judge Nancy Gertner. Counsel will file a mtn to waive the PSR. (Attorneys present: Ausa Arnold, Atty Ceresney). Court Reporter Name and Contact or digital recording information: Valerie OHara at vaohara@gmail.com. (Molloy, Maryellen) (Entered: 11/19/2010) | |
| 11/19/2010 | ELECTRONIC NOTICE OF SENTENCING HEARING as to Forest Pharmaceuticals, Inc. Sentencing set for 3/16/2011 02:30 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 11/19/2010) | |
| 12/22/2010 | 15 | MOTION to Waive the Presentence Report, to Set a Briefing Schedule for Sentencing Memoranda, and to Set a Date for Sentencing as to Forest Pharmaceuticals, Inc.. (Ceresney, Andrew) (Entered: 12/22/2010) |
| 02/10/2011 | Judge Nancy Gertner: ELECTRONIC ORDER entered granting 15 Joint Motion as to Forest Pharmaceuticals, Inc. (1). US and Forest sentencing memo's to be filed by 2/16/11; reply 2/23/11. Sentencing hrg reset from 3/16/11 to 3/2/11 at 3:00pm. (Molloy, Maryellen) (Entered: 02/10/2011) | |
| 02/10/2011 | ELECTRONIC NOTICE OF RESCHEDULING as to Forest Pharmaceuticals, Inc.... Sentencing reset from 3/16/11 to 3/2/2011 03:00 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 02/10/2011) | |
| 02/16/2011 | 16 | SENTENCING MEMORANDUM by USA as to Forest Pharmaceuticals, Inc. (Attachments: # 1 Exhibit Corporate Integrity Agreement)(Arnold, James) (Entered: 02/16/2011) |
| 03/01/2011 | 17 | Assented to MOTION for Forfeiture of Property as to Forest Pharmaceuticals, Inc. by USA. (Attachments: # 1 Order of Forfeiture)(Murrane, Mary) (Entered: 03/01/2011) |
| 03/02/2011 | ELECTRONIC Clerk's Notes for proceedings held before Judge Nancy Gertner:Sentencing held on 3/2/2011 for Forest Pharmaceuticals, Inc. (1), Count(s) 1, The defendant is sentenced on Counts 1-3 to a fine of $150,000,000. The fine is to be divided up - Count 1 - $500,000. Count 2- $110,000,000. and Count 3 - $39,500,000. Special assessment on Count 1 of $400., Count 2 of $125., and Count 3 of $125. Order of Forfeiture entered in the amount of $14,000,000. which will be made part of the judgment. No restitution. See judgment for details.. (Attorneys present: AUSA Arnold, Benson, Ceresney. )Court Reporter Name and Contact or digital recording information: Valerie OHara at vaohara@gmail.com. (Folan, Karen) (Entered: 03/02/2011) | |
| 03/02/2011 | 18 | Judge Nancy Gertner: ORDER OF FORFEITURE entered granting 17 Motion for Forfeiture of Property as to Forest Pharmaceuticals, Inc. (1) (Folan, Karen) (Entered: 03/02/2011) |
| 03/03/2011 | 19 | Judge Nancy Gertner: ORDER entered. JUDGMENT as to Forest Pharmaceuticals, Inc. (1), Count(s) 1, The defendant is sentenced on Counts 1-3 to a fine of $150,000,000. The fine is to be divided up - Count 1 - $500,000. Count 2- $110,000,000. and Count 3 - $39,500,000. Special assessment on Count 1 of $400., Count 2 of $125., and Count 3 of $125. Order of Forfeiture entered in the amount of $14,000,000. which will be made part of the judgment. No restitution. See judgment for details. (Attachments: # 1 Order of Forfeiture) (Folan, Karen) (Entered: 03/03/2011) |
| 03/04/2011 | Case Terminated as to Forest Pharmaceuticals, Inc. (Gaudet, Jennifer) (Entered: 03/04/2011) | |
| 03/10/2011 | FINE PAYMENT RECEIVED $ 150,000,000.00, receipt number 590002 re 19 Judgment,, as to Forest Pharmaceuticals, Inc. (Adam, Lucien) (Entered: 03/10/2011) | |
| 03/11/2011 | 20 | US Marshal Process Receipt and Return for Final Order of Forfeiture. $14,,000,000.00 in United States currency served, delivered on 3/10/2011. (Gaudet, Jennifer) (Entered: 03/14/2011) |
| 01/18/2012 | 21 | Transcript of Arraignment on Information as to Forest Pharmaceuticals, Inc. held on November 19, 2010, before Judge Nancy Gertner. 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 2/8/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/17/2012. (Scalfani, Deborah) (Entered: 01/18/2012) |
| 01/18/2012 | 22 | Transcript of Sentencing as to Forest Pharmaceuticals, Inc. held on March 2, 2011, before Judge Nancy Gertner. 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 2/8/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/17/2012. (Scalfani, Deborah) (Entered: 01/18/2012) |
| 01/18/2012 | NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 01/18/2012) |