CLOSED

U.S. District Court
Western District of Virginia (Abingdon)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00029-jpj-1


Case title: USA v. The Purdue Frederick Company, Inc. et al

Date Filed: 05/10/2007
Date Terminated: 07/25/2007

Assigned to: Judge James P. Jones

Defendant (1)
The Purdue Frederick Company, Inc.
TERMINATED: 07/25/2007
doing business as
The Purdue Frederick Company
TERMINATED: 07/25/2007
represented byHoward M. Shapiro
WILMER CUTLER PICKERING HALE AND DORR LLP
1875 PENNSYLVANIA AVENUE NW
WASHINGTON, DC 20006
202-663-6606
Fax: 202-663-6363
Email: howard.shapiro@wilmerhale.com
TERMINATED: 06/09/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Kimberly A. Parker
WILMER CUTLER PICKERING HALE AND DORR LLP
1875 PENNSYLVANIA AVENUE NW
WASHINGTON, DC 20006
202-663-6987
Fax: 202-663-6363
Email: kimberly.parker@wilmerhale.com
TERMINATED: 06/09/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip Randolph Seybold
WILMER CUTLER PICKERING HALE AND DORR LLP
1875 PENNSYLVANIA AVENUE NW
WASHINGTON, DC 20006
202-663-6104
Fax: 202-663-6363
Email: randy.seybold@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Wayne Eskridge
PENN STUART & ESKRIDGE
POST OFFICE BOX 2288
ABINGDON, VA 24212-2288
276-628-5151
Fax: 276-628-5621
Email: weskridge@pennstuart.com
TERMINATED: 01/30/2008
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG - 21 USC 331(a), 352(a) and 333(a)(2) - With the intent to defraud or mislead, introduced and caused the introduction into interstate commernce of OxyContin which were misbranded (June 30, 2001)
(1)
Probation term of five (5) years w/ standard and special conditions; $500,000 fine and $400 SA; Amended judgment deleting "20" in restitution line on page 6

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byBarbara Wells
TERMINATED: 01/30/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth Stein
UNITED STATES DEPARTMENT OF JUSTICE
Office of Consumer Litigation
Post Office box 386
WASHINGTON, DC 20044
202-514-2000
Fax: 307-6777
TERMINATED: 01/30/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Leslie Brownlee
UNITED STATES ATTORNEYS OFFICE - ROANOKE
PO BOX 1709
ROANOKE, VA 24008-1709
540-857-2250
Fax: 540-857-2614
TERMINATED: 01/30/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rick A. Mountcastle
UNITED STATES ATTORNEYS OFFICE
P.O. Box 1709
Roanoke, VA 24008
540-857-2254
Fax: 540-857-2283
Email: rick.mountcastle@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sharon Burnham
UNITED STATES ATTORNEYS OFFICE
PO BOX 1709
ROANOKE, VA 24008-1709
540-857-2250
Fax: 857-2614
Email: sharon.burnham@usdoj.gov
TERMINATED: 01/30/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Steven Randall Ramseyer
UNITED STATES ATTORNEYS OFFICE - ABINGDON
SUITE B19
180 WEST MAIN STREET
ABINGDON, VA 24210
276-628-4161
Fax: 276-628-7399
Email: USAVAW.ECFAbingdon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/10/20075INFORMATION as to The Purdue Frederick Company, Inc. (1) as to count 1; Michael Friedman (2) as to count 2; Howard R. Udell (3) as to count 2; Paul D. Goldenheim (4)as to count 2. (Attachments: (1) Exhibt A - Entity List; (2) Exhibit B - Agreed Statement of Facts; (3) Exhibit C - Non-Prosecution Agreement; (4) Exhibit D - Civil Settlement Agreement; (5) Exhibit E - Corportate Integrity Agreement; (6) Exhibit E continued; (7) Exhibit F - Information; (8) Exhibit G - Stipulation for Compromise Settlement; (9) Exhibit H - Agreed Order of Forfeiture; (10) Exhibit I - Complaint for Forfeiture; (11) Exhibit J - Notice of Compliance; (12) Exhibit K - Warrant; (13) Exhibit L - Virginia Release; (14) Exhibit M - Model State Release) (aec)
05/10/20076PLEA AGREEMENT as to The Purdue Frederick Company, Inc. (aec)
05/10/2007  Minute Entry for proceedings held before Judge James P. Jones :Initial Appearance as to The Purdue Frederick Company, Inc. held on 5/10/2007 (Court Reporter Bridget Dickert, OCR.) (aec) Additional attachment(s) added on 5/10/2007 (aec, ).
05/10/200712WAIVER OF INDICTMENT by The Purdue Frederick Company, Inc. (aec)
05/10/200713Minute Entry for proceedings held before Judge James P. Jones :Guilty Plea Hearing as to The Purdue Frederick Company, Inc. held on 5/10/2007; Guilty Plea entered by The Purdue Frederick Company, Inc. (1) as to Count 1. (Court Reporter Bridget Dickert, OCR.) (aec) Substituted corrected minutesheet on 5/10/2007 (aec).
05/10/200716NOTICE OF HEARING as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell and Paul D. Goldenheim: Sentencing set for 7/20/2007 @ 1:00 PM in Abingdon before Judge James P. Jones. (aec)
05/10/200717Receipt #100000946 issued in the amount of $500,400.00 as to The Purdue Frederick Company, Inc. (lmh)
05/10/200720Notice of Correction re 13 Guilty Plea Hearing - Substituted corrected minutesheet (aec)
05/13/200722TRANSCRIPT of Guilty Plea held on 5/10/07 as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim before Judge James P. Jones. Court Reporter: B. Dickert. (bad)
05/18/200725ORDER DIRECTING PARTIES TO PROVIDE INFORMATION as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. Signed by Judge James P. Jones on 5/18/2007. (Callahan, Sharon)
05/22/200726FIRST AMENDED ORDER DIRECTING PARTIES TO PROVIDE INFORMATION as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. Signed by Judge James P. Jones on 5/22/07. (Callahan, Sharon)
06/05/200727Response to May 18th and 22nd Order Directing Parties to Provide Information (Shapiro, Howard) Attachments not previously available were added on 6/8/2007 per direction of the court (aec).
06/06/200729Response by United States to Court's Order Directing Parties to Provide Information (Attachments: # 1 Exhibit Attachment A)(Ramseyer, Steven)
06/08/200730 Notice of Correction re 27 Response; Attachments not previously available electronically were added to the docket per direction of the court. See Document number 27 for said attachments (aec)
06/08/200731 Notice of Correction -- Docket number 28 has been deleted as documents not previously available electonically have been added to the docket per direction of the court. Available at document number 27 (aec)
06/13/200732Response (Supplemental) by all Defendfants to the Court's Orders Directing the Parties to Provide Information (Attachments: # 1 Exhibit A)(Shapiro, Howard)
06/20/200733Response of United States to Defendants' Supplemental Responses to Court's Order Directing the Parties to Provide Information (Mountcastle, Rick)
06/25/200734ORDER REGARDING LETTERS TO COURT as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. Signed by Judge James P. Jones on 6/25/2007. (Callahan, Sharon)
07/02/200735REQUEST/MOTION for Notice, an Opportunity to be Heard at Sentencing and an Order of Restitution by BlueCrossBlueShield of Tennessee.(aec)
07/02/200736NOTICE OF HEARING ON MOTION in case as to The Purdue Frederick Company, Inc. 35 MOTION for Notice, an Opportunity to be Heard at Sentencing and an Order of Restitution by BlueCrossBlueShield of Tennessee: Set for 7/11/2007 at 11:00 AM Abingdon before Judge James P. Jones (aec)
07/02/200737Copy of e-mail/ letter to the Court by The Purdue Frederick Company, Inc. (aec)
07/02/200738ORDER as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim regarding victim statements at sentencing. Signed by Judge James P. Jones on July 2, 2007. (Attachment: (1) Court Notice) (aec )
07/03/200739NOTICE OF HEARING ON MOTION in case as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim 35 MOTION for Notice, an Opportunity to be Heard at Sentencing and an Order of Restitution by BlueCrossBlueShield of Tennessee: Set for 7/11/2007 at 11:00 AM Abingdon before Judge James P. Jones (aec)
07/05/200740ORDER as to The Purdue Frederick Company, Inc. Signed by Judge James P. Jones on 7/5/07. (Callahan, Sharon)
07/06/200741 MOTION to Appear Pro Hac Vice David S. Nalven, Esq. by BlueCrossBlueShield of Tennessee as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. (Bragg, Michael)
07/06/200742 MOTION for Joinder in Blue Cross Motion by Farm Bureau Mutual Insurance Company as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. (Bragg, Michael) Modified on 7/11/2007 to add correct filer (aec).
07/06/200743 MOTION for Joinder in Blue Cross Motion by GuideOne Mutual Insurance Co. and Guideone Specialty Mutual Insurance Co. as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. (Bragg, Michael) Modified on 7/11/2007 to add correct filer information (aec).
07/06/200744 MOTION for Joinder in Blue Cross Motion by Wellmark Inc., Wellmark of South Dakota and Wellmark Health Plan of Iowa, Inc. as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. (Bragg, Michael) Modified on 7/11/2007 to add correct filer information (aec).
07/06/200745ORDER granting 41 MOTION to Appear Pro Hac Vice . Signed by Judge James P. Jones on 7/6/07. (lmh)
07/09/200746 ORAL ORDER as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim wherein defense counsel is admitted to appear pro hac vice in this case. Entered by Judge James P. Jones on July 9, 2007. (aec)
07/09/200747Response Purdue's Reponse to BCBS Tennessee's and Other Private Third-Party Payors' Requests for Restitution (Attachments: # 6 Exhibit 6)(Shapiro, Howard)
07/10/200748 MOTION for Joinder in Blue Cross Blue Shield Motion by Employers Mutual Casualty Co., EMASCO Insurance Co., EMC Reinsurance Co., Illinois EMASCO Insurance Co., Union Insurance Co., EMC Insurance Co., EMC Property & Casualty Co., and Farm & City Insurance Co. as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. (Bragg, Michael) Modified on 7/11/2007 to add correct filer information (aec).
07/10/200749 MOTION for Joinder in BlueCross Blue Shield of Tennessee's request to be heard, etc.by Humana, Inc. as to The Purdue Frederick Company, Inc. (aec)
07/11/200750 Notice of Correction re 48 MOTION for Joinder in Blue Cross Blue Shield Motion by Mutual Casualty Co., EMASCO Insurance Co., EMC Reinsurance Co., Illinois EMASCO Insurance Co., Union Insurance Co., EMC Insurance Co., EMC Property & Casualty Co., and Farm & City Insurance Co., 43 MOTION for Joinder in Blue Cross Motion by GuideOne Mutual Insurance Co. and Guideone Specialty Mutual Insurance Co.; Deleted incorrect filer and added correct filers of motions and modified docket text to reflect proper information(aec)
07/11/200751Minute Entry for proceedings held before Judge James P. Jones :Motion Hearing as to The Purdue Frederick Company, Inc. held on 7/11/2007 re 35 MOTION for Notice, an Opportunity to be Heard at Sentencing and an Order of Restitution by BlueCrossBlueShield of Tennessee filed by BlueCrossBlueShield of Tennessee; 48 MOTION for Joinder in Blue Cross Blue Shield Motion by Mutual Casualty Co.; EMASCO Insurance Co.; EMC einsurance Co.; Illinois EMASCO Insurance Co.; Union Insurance Co.; EMC Insurance Co., EMC Property & Casualty Co., and Farm & City Insurance Co. filed by Employers Mutual Casualty Company; Union Insurance Company; Emcasco Insurance Company; EMC Reinsurance Company; Illinois Emcasco Insurance Company; EMC Property & Casualty Company; Farm & City Insurance Company 42 MOTION for Joinder in Blue Cross Motion by Farm Bureau Mutual Insurance Company filed by Farm Bureau Mutual Insurance, (Court Reporter Rosemary Guthrie, Contract Reporter w/ Linda Miller Reporting.) (aec)
07/13/200752Letter from defense counsel for The Purdue Frederick Company, Inc. (aec)
07/13/200753REPLY TO RESPONSE to Motion by USA as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim re 35 MOTION for Notice, an Opportunity to be Heard at Sentencing and an Order of Restitution by BlueCrossBlueShield of Tennessee (Ramseyer, Steven)
07/16/200756SENTENCING MEMORANDUM by The Purdue Frederick Company, Inc. (Attachments: # 11 Exhibit 11)(Shapiro, Howard)
07/17/200759APPENDIX TO SUBMISSION REGARDING SENTENCING BY THE PURDUE FREDERICK COMPANY INC. AND PURDUE PHARMA L.P. as to The Purdue Frederick Company, Inc. (Document attached 07/18/07 - aec)
07/18/200760ORDER regarding witnesses as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. Signed by Judge James P. Jones on 7/18/07. (Callahan, Sharon)
07/18/200761 Notice of Correction re 59 Appendix - Document added to entry and is now available for public viewing. (aec)
07/18/200762NOTICE OF APPEARANCE FOR COUNSEL FOR CRIME VICTIM AND ASSERTION OF RIGHTS (aec)
07/18/200763 MOTION to Appear Pro Hac Vice by Russell Butler and Pauline Mandel as to Jane Doe.(aec)
07/18/200764 ORAL ORDER granting 63 MOTION to Appear Pro Hac Vice as to Russell Butler and Pauline Mandel for Jane Doe. Entered by Judge James P. Jones on July 18, 2007. (aec)
07/18/200765 MOTION to assert victim's rights by Jane Doe (aec)
07/18/200766 MOTION to Seal by Jane Doe (aec)
07/18/200767 ORAL ORDER granting 66 Motion to Seal. Entered by Judge James P. Jones on July 18, 2007. (aec)
07/18/200768Sealed Document (aec)
07/18/200769CERTIFICATE OF SERVICE as to documents filed by Jane Doe. (aec)
07/19/200770 MOTION to Appear Pro Hac Vice of Kimberly A. Parker by The Purdue Frederick Company, Inc.. (Attachments: # 1 Affidavit Declaration of Kimberly A. Parker)(Eskridge, William)
07/19/200771RESPONSE to Motion by USA as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim re 65 MOTION to assert victim's rights (Ramseyer, Steven)
07/20/200772Letter by BlueCrossBlueShield of Tennessee from David S. Nalven, Esq. (Bragg, Michael)
07/20/200773REPLY TO RESPONSE to Motion by Jane Doe as to The Purdue Frederick Company, Inc. re 65 MOTION to assert victim's rights (aec)
07/20/200774ORDER granting 70 MOTION to Appear Pro Hac Vice for Kimberly Parker as to The Purdue Frederick Company, Inc. (1). Signed by Judge James P. Jones on July 19, 2007. (aec)
07/20/200775 ORAL ORDER ACCEPTING PLEA AGREEMENTS as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim. . Entered by Judge James P. Jones on July 20, 2007. (aec, ) (Entered: 07/23/2007)
07/20/200776Minute Entry for proceedings held before Judge James P. Jones :Sentencing held on 7/20/2007 for The Purdue Frederick Company, Inc. (1) as to Count 1--Probation term of five (5) years w/ standard and special conditions; $500,000 fine and $400 SA; Michael Friedman (2) as to Count 2--Probation term of three (3) years w/ standard and special conditions; $5000 Fine and $25 SA; Howard R. Udell (3) as to Count 2--Probation term of three (3) years w/ standard and special conditions; $5000 Fine and $25 SA; and Paul D. Goldenheim (4) as to Count 2--Probation term of three (3) years w/ standard and special conditions; $5000 Fine and $25 SA. It is further ordered that the financial sanctions and obligations in the plea agreements are imposed on the defendants in the manner set forth in the agreements. (Court Reporter Bridget Dickert, OCR.) (aec) (Entered: 07/23/2007)
07/23/200777OPINION AND ORDER denying 42 Motion for Joinder as to The Purdue Frederick Company, Inc. (1), Michael Friedman (2), Howard R. Udell (3), Paul D. Goldenheim (4); denying 43 Motion for Joinder as to The Purdue Frederick Company, Inc. (1), Michael Friedman (2), Howard R. Udell (3), Paul D. Goldenheim (4); denying 44 Motion for Joinder as to The Purdue Frederick Company, Inc. (1), Michael Friedman (2), Howard R. Udell (3), Paul D. Goldenheim (4); denying 48 Motion for Joinder as to The Purdue Frederick Company, Inc. (1), Michael Friedman (2), Howard R. Udell (3), Paul D. Goldenheim (4); denying 65 Motion as to The Purdue Frederick Company, Inc. (1). Signed by Judge James P. Jones on 7/23/07. (Callahan, Sharon)
07/23/200778Sealed Document - Listing of names/addresses of people who spoke at sentencing hearing. (aec)
07/25/200779JUDGMENT as to The Purdue Frederick Company, Inc. (1) as to Count 1--Probation term of five (5) years w/ standard and special conditions; $500,000 fine and $400 SA . Signed by Judge James P. Jones on July 25, 2007. (aec)
07/26/200780TRANSCRIPT of Sentencing held on 7/20/07 as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim before Judge James P. Jones. Court Reporter: B. Dickert. (bad)
07/30/200788AMENDED JUDGMENT as to The Purdue Frederick Company, Inc. (1) deleting "20" in restitution line on page 6 . Signed by Judge James P. Jones on July 30, 2007. (aec)
01/30/200889 MOTION to Unseal Grand Jury Testimony of Mark Radcliffe by The Purdue Frederick Company, Inc. (aec)
01/31/200890ORDER as to 89 MOTION to Unseal Document filed by The Purdue Frederick Company, Inc.; Response due by 2/11/2008. Signed by Judge James P. Jones on January 31, 2008. (aec)
02/07/200891NOTICE of Limited Appearance by Mark T. Hurt o/b/o Mark Radcliffe (aec) Modified on 2/8/2008 to correct filing date (aec). (Entered: 02/08/2008)
02/07/200892RESPONSE in Opposition by Mark Radcliffe as to The Purdue Frederick Company, Inc. re 89 MOTION to Unseal Document (aec) (Entered: 02/08/2008)
02/08/200893 Notice of Correction re 91 Notice; Modified filing date to 02/07/2008 (aec)
02/11/200894RESPONSE to Motion by USA as to The Purdue Frederick Company, Inc. re 89 MOTION to Unseal Document (Mountcastle, Rick)
02/11/200895 MOTION to Seal Exhibit 1 to the Government's Response to the Motion to Unseal Grand Jury testimonyby USA as to The Purdue Frederick Company, Inc. (aec)
02/11/200896 ORAL ORDER granting 95 Motion to Seal Exhibit 1as to The Purdue Frederick Company, Inc. (1). Entered by Judge James P. Jones on February 11, 2008. (aec)
02/11/200897 Sealed Exhibit to the Government's response to the motion to unseal grand jury testimony is not available for electronic viewing. See Clerk's Office / Abingdon Division (aec) (Entered: 02/12/2008)
02/19/200898RESPONSE in Support by The Purdue Frederick Company, Inc. re 89 MOTION to Unseal Document (Attachment: (1) Exhibit A)(aec) (Entered: 02/20/2008)
02/22/200899ORDER denying 89 Motion to Unseal Grand Jury Testimony as to The Purdue Frederick Company, Inc. (1). Signed by Judge James P. Jones on February 21, 2008. (aec)
06/26/2009100Letter from the Commonwealth of Virginia / Office of the Attorney General as to The Purdue Frederick Company, Inc., Michael Friedman, Howard R. Udell, Paul D. Goldenheim (aec)
12/07/2010102 MOTION for Early Termination of Probation by The Purdue Frederick Company, Inc. (Attachments: # 4 Certificate of Service) - Deleted and redocketed by clerk so that other docket entries relating to this motion would be correct. Motion was applicable to corporate defendant only. (aec) (Entered: 12/13/2010)
12/09/2010103ORDER setting response deadline as to 102 Motion for Early Termination of Probation by The Purdue Frederick Company, Inc. Signed by Judge James P. Jones on December 9, 2010. (aec) - Deleted and redocketed this date so that docket entries relating to motion (102) would be correct. (Entered: 12/13/2010)
12/09/2010104RESPONSE to Motion by USA as to The Purdue Frederick Company, Inc. re 102 MOTION for Early Termination of Probation (aec) - Deleted and redocketed so that entries relating to motion would be correct (Entered: 12/13/2010)
12/15/2010105Letter from Howard Shapiro as to The Purdue Frederick Company, Inc. regarding early termination of probation and health care bill. (aec)
12/17/2010106Letter as to The Purdue Frederick Company, Inc. regarding health care bill (aec)
12/21/2010107ORDER denying 102 Motion for early termination of supervision as to The Purdue Frederick Company, Inc. (1). Signed by Judge James P. Jones on December 21, 2010. (aec)