VICTIM

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-10258-DPW-1


Case title: USA v. Pharmacia & Upjohn Company, Inc.

Date Filed: 09/02/2009
Date Terminated: 10/16/2009

Assigned to: Judge Douglas P. Woodlock

Defendant (1)
Pharmacia & Upjohn Company, Inc.
TERMINATED: 10/16/2009
represented byBrien T. O'Connor
Ropes & Gray - MA
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
617-951-7385
Fax: 617-951-7050
Email: boconnor@ropesgray.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Brian R. Blais
Ropes & Gray LLP - MA
Prudential Tower
800 Boylston St.
Boston, MA 02199-3600
212-596-9000
Fax: 212-596-9090
Email: bblais@ropesgray.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

Pending Counts

Disposition
21:331(a); 333(a)(2); 352 INTRODUCTION INTO COMMERCE OF A MISBRANDED DRUG
(1)
$1,195,000,000.00 Fine. $400.00 Special Assessment. $105,000,000.00 Order of Forfeiture.

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

Susan M. Poswistilo
United States Attorney's Office
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3267
Fax: 617-748-3675
Email: susan.poswistilo@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jill P. Furman
U.S. Department of Justice - Consumer Litigation
P.O. Box 386
Washington, DC 20044
202-307-0090
Fax: 202-514-8742
Email: jill.furman@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/02/2009INFORMATION (Felony) as to Pharmacia & Upjohn Company, Inc. (1) count(s) 1. (Attachments: # 1 JS 45)(Cummings, Mary) (Entered: 09/02/2009)
09/02/2009PROPOSED PLEA AGREEMENT submitted to the Court by USA as to Pharmacia & Upjohn Company, Inc. (Cummings, Mary) (Entered: 09/02/2009)
09/02/2009General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered as to Pharmacia & Upjohn Company, Inc. (Cummings, Mary) (Entered: 09/02/2009)
09/02/2009NOTICE OF ATTORNEY APPEARANCE: Joshua S. Levy appearing for Pharmacia & Upjohn Company, Inc. (Levy, Joshua) (Entered: 09/02/2009)
09/02/2009NOTICE OF ATTORNEY APPEARANCE: Brian R. Blais appearing for Pharmacia & Upjohn Company, Inc. (Blais, Brian) (Entered: 09/02/2009)
09/02/2009CORPORATE DISCLOSURE STATEMENT as to Pharmacia & Upjohn Company, Inc. (Blais, Brian) (Entered: 09/02/2009)
09/04/2009NOTICE OF HEARING as to Pharmacia & Upjohn Company, Inc.: Rule 11 Hearing set for 9/15/2009 10:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 09/04/2009)
09/11/2009Motion for Victim Rights in case as to Pharmacia & Upjohn Company, Inc. as to Pharmacia & Upjohn Company, Inc.by USA. (Attachments: # 1 Exhibit Proposed Order)(Bloom, Sara) (Entered: 09/11/2009)
09/15/2009WAIVER OF INDICTMENT by Pharmacia & Upjohn Company, Inc. (Lovett, Jarrett) (Entered: 09/15/2009)
09/15/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Initial Appearance/Rule 11 Hearing held on 9/15/2009: Arguments heard regarding Victim Rights; Court informed of the provisions of the Plea Agreement; Court informed of the current status of related cases both criminal in civil; authorized corporate representative, James Gibney sworn on behalf of the deft; Court conducts Colloquy; maximum penalties stated; Gov't summarizes the facts; deft's partial objections to the Government's factual proffer heard; Waiver of Indictment executed, filed and accepted by the Court; Plea entered by the defendant; Pharmacia & Upjohn Company, Inc. (1), Guilty as to Count 1; Court reserves acceptance of the Plea Agreement pending further submissions; letter regarding Pfizer's agreement to be submitted coupled with a copy of the transcript; compliance agreement is to submitted to the Court; 8 Motion for Victim Rights is GRANTED, an Order shall issue; Sentencing is scheduled for 10/16/09 @ 9:30 AM. (Court Reporter: Debra Joyce)(USPO: Susan Walls)(Attorneys present: AUSA's Bloom & Poswistilo for the Gov't; O'Connor, Blais, & Blais for the deft) (Lovett, Jarrett) (Entered: 09/16/2009)
09/15/200910  Judge Douglas P. Woodlock: ORDER entered granting 8 Government's Motion for Alternative Victim Notification Procedures as to Pharmacia & Upjohn Company, Inc. (1). (Lovett, Jarrett) (Entered: 09/16/2009)
09/15/200924  Letter Side Letter Agreement with Pfizer Inc Filed by USA (York, Steve) (Entered: 11/04/2009)
09/16/200911 Judge Douglas P. Woodlock: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Pharmacia & Upjohn Company, Inc.: Sentencing set for 10/16/2009 09:30 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 09/16/2009)
09/16/200912 NOTICE of Filing Corporate Integrity Agreement by USA as to Pharmacia & Upjohn Company, Inc. (Attachments: # 1 Exhibit CIA pp 1-43, # 2 Exhibit CIA pp 44-79)(Bloom, Sara) (Entered: 09/16/2009)
09/17/2009  Judge Douglas P. Woodlock: ElectronicORDER entered VACATING as to Pharmacia & Upjohn Company, Inc. re 11 Procedural Order re sentencing hearing in light of the directions provided at the Rule 11 hearing held on 9/15/09 not requiring the preparation of a PSR. (Lovett, Jarrett) (Entered: 09/17/2009)
09/21/200913 Transcript of Change of Plea as to Pharmacia & Upjohn Company, Inc. held on September 15, 2009, before Judge Woodlock. Court Reporter Debra M. Joyce at joycedebra@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 10/9/2009. Redacted Transcript Deadline set for 10/19/2009. Release of Transcript Restriction set for 12/17/2009. (Scalfani, Deborah) (Entered: 09/21/2009)
09/21/200914 NOTICE is hereby given that an official transcript of a proceeding as to Pharmacia & Upjohn Company, 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: 09/21/2009)
09/29/2009  ELECTRONIC NOTICE OF RESCHEDULING re TIME OF HEARING ONLY as to Pharmacia & Upjohn Company, Inc.: Sentencing reset for 10/16/2009 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 09/29/2009)
10/01/200915 NOTICE OF ATTORNEY APPEARANCE Jill P. Furman appearing for USA. (Furman, Jill) (Entered: 10/01/2009)
10/09/200916  MOTION for Leave to File Excess Pages as to Pharmacia & Upjohn Company, Inc.by USA. (Bloom, Sara) (Entered: 10/09/2009)
10/09/200917 SENTENCING MEMORANDUM by USA as to Pharmacia & Upjohn Company, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Bloom, Sara) (Entered: 10/09/2009)
10/15/200918 SENTENCING MEMORANDUM by Pharmacia & Upjohn Company, Inc. (Blais, Brian) (Entered: 10/15/2009)
10/16/2009   Judge Douglas P. Woodlock: Electronic ORDER entered granting 16 MOTION for Leave to File Excess Pages as to Pharmacia & Upjohn Company, Inc. (1) by USA. (Lovett, Jarrett) (Entered: 10/16/2009)
10/16/200919  MOTION for Forfeiture of Property as to Pharmacia & Upjohn Company, Inc.by USA. (Attachments: # 1 Order of Forfeiture)(Barclay, Kristina) (Entered: 10/16/2009)
10/16/2009  Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Sentencing held on 10/16/2009 for Pharmacia & Upjohn Company, Inc. (1): Court accpets the parties Plea Agreement; 19 Motion for Forfeiture is GRANTED; on Count 1, Defendant sentenced to a $1,195,000,000.00 Fine, $400.00 Special Assessment, and an Order of Forfeiture in the amount of $105,000,000.00. (Court Reporter: Brenda Hancock)(SUSPO: Susan Walls)(Attorneys present: Bloom, Poswistilo, & Furman for the Gov't; Levy, O'Connor, & Blais for the deft) (Lovett, Jarrett) (Entered: 10/16/2009)
10/16/200920 Judge Douglas P. Woodlock: ORDER entered. ORDER OF FORFEITURE as to Pharmacia & Upjohn Company, Inc.. (York, Steve) (Entered: 10/16/2009)
10/16/200921 Judge Douglas P. Woodlock: ORDER entered. JUDGMENT as to Pharmacia & Upjohn Company, Inc. (1), Count(s) 1, $1,195,000,000.00 Fine. $400.00 Special Assessment. $105,000,000.00 Order of Forfeiture. (Hurley, Virginia) (Entered: 10/19/2009)
10/21/200922 Transcript of Sentencing Hearing as to Pharmacia & Upjohn Company, Inc. held on October 16, 2009, before Judge Woodlock. Court Reporter Brenda K. Hancock at 617/439-3214. 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 11/9/2009. Redacted Transcript Deadline set for 11/18/2009. Release of Transcript Restriction set for 1/19/2010. (Scalfani, Deborah) (Entered: 10/21/2009)
10/21/200923 NOTICE is hereby given that an official transcript of a proceeding as to Pharmacia & Upjohn Company, 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: 10/21/2009)
10/26/2009  PAYMENT RECEIVED $ 1,195,000,000.00, receipt number 292849 re 21 Judgment : as to Pharmacia & Upjohn Company, Inc. (Adam, Lucien) (Entered: 10/26/2009)
11/04/200925 US Marshal Process Receipt and Return for Order of Forfeiture. 105,000,000.00 in United States Currency served Delivered on 10/23/2009 (York, Steve) (Entered: 11/04/2009)
01/26/201026  Letter to Judge Woodlock from Andy Segal of CNN as to Pharmacia & Upjohn Company, Inc. (York, Steve) (Entered: 01/26/2010)
01/26/201027  Letter from Judge Woodlock to Andy Segal of CNN as to Pharmacia & Upjohn Company, Inc. (York, Steve) (Entered: 01/26/2010)
02/10/201028  Letter (non-motion) as to Pharmacia & Upjohn Company, Inc. (Bloom, Sara) (Entered: 02/10/2010)