CLOSED,VICTIM

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-10294-NG-1


Case title: USA v. Forest Pharmaceuticals, Inc.

Date Filed: 09/15/2010
Date Terminated: 03/03/2011

Assigned to: Judge Nancy Gertner

Defendant (1)
Forest Pharmaceuticals, Inc.
TERMINATED: 03/03/2011
represented byAndrew 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
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)
21:331, 333 (a)(1) & 352(f)(1) DISTRIBUTION OF A MISBRANDED DRUG; INADEQUATE DIRECTIONS FOR USE
(3)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJames 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)
09/15/2010INFORMATION (Felony and Misdemeanor) as to Forest Pharmaceuticals, Inc. (1) count(s) 1, 2, 3. (Attachments: # 1 JS45)(Cummings, Mary) (Entered: 09/15/2010)
09/15/2010PLEA 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)
09/15/2010Side 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)
09/21/2010NOTICE OF ATTORNEY APPEARANCE: William F. Benson appearing for Forest Pharmaceuticals, Inc.. Type of Appearance: Retained. (Benson, William) (Entered: 09/21/2010)
09/21/2010NOTICE OF ATTORNEY APPEARANCE: Andrew R Levin appearing for Forest Pharmaceuticals, Inc.. Type of Appearance: Retained. (Levin, Andrew) (Entered: 09/21/2010)
09/21/2010 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)
09/21/2010CORPORATE 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)
10/08/2010NOTICE OF ATTORNEY APPEARANCE Jeffrey I. Steger appearing for USA. (Steger, Jeffrey) (Entered: 10/08/2010)
10/25/2010 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)
10/26/201010 NOTICE OF ATTORNEY APPEARANCE: Andrew J. Ceresney appearing for Forest Pharmaceuticals, Inc.. (Ceresney, Andrew) (Entered: 10/26/2010)
10/26/201011 NOTICE OF ATTORNEY APPEARANCE: Bryan P. Kessler appearing for Forest Pharmaceuticals, Inc.. (Kessler, Bryan) (Entered: 10/26/2010)
10/26/201012 NOTICE OF ATTORNEY APPEARANCE: Christopher K. Tahbaz appearing for Forest Pharmaceuticals, Inc.. (Tahbaz, Christopher) (Entered: 10/26/2010)
11/17/201013 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)
11/19/201014 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)
12/22/201015  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)
02/16/201116 SENTENCING MEMORANDUM by USA as to Forest Pharmaceuticals, Inc. (Attachments: # 1 Exhibit Corporate Integrity Agreement)(Arnold, James) (Entered: 02/16/2011)
03/01/201117 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)
03/02/201118  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)
03/03/201119 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)
03/11/201120 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)
01/18/201221 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)
01/18/201222 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)