CLOSED, VICTIM

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-10355-JLT-1


Case title: USA v. SB Pharmco Puerto Rico, Inc.

Date Filed: 10/26/2010
Date Terminated: 11/18/2010

Assigned to: Judge Joseph L. Tauro

Defendant (1)
SB Pharmco Puerto Rico, Inc.
TERMINATED: 11/18/2010
represented byGeoffrey E Hobart
Covington & Burling
1201 Pennsylvania Ave. NW
Washington, DC 20004-2401
202-662-6000
Email: ghobart@cov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Matthew J. O'Connor
Covington & Burling LLP
1201 Pennsylvania Avenue, N.W.
Washington, DC 20004
202-662-5469
Fax: 202-778-5469
Email: moconnor@cov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:331(a),333(a)(2), and 351(a)(2)(B)...INTERSTATE SHIPMENT OF ADULTERATED DRUGS
(1)
Defendant waives indictment and enters plea of guilty to count 1 of an information. Court imposes sentence as follows:A criminal fine of $140,000,000-to be paid within one week of the date of sentencing; Mandatory special assessment of $400;Criminal forfeiture in the amount of $10,000,000. Court also finds that restitution has been made to the federal health care programs as part of the accompanying civil settlement of $600 million, plus interest. With regard to non-federal victims, the court finds that the complication and prolongation of the sentencing process that would result from an attempt to fashion a proper restitution order outweighs the need for such a restitution order because numerous unknown individuals and insurance companies purchased or reimbursed for the drug products and tracing reimbursements and determining apportionment of payment would be difficult, if not impossible.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byShannon Kelley
United States Attorneys Office
John Joseph Moakley U.S. Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3632
Fax: 617-748-3969
Email: Shannon.Kelley2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Susan G. Winkler
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3270
Fax: 617-748-3675
Email: susan.winkler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/26/2010  ELECTRONIC NOTICE of Case Assignment as to SB Pharmco Puerto Rico, Inc.; Judge Joseph L. Tauro assigned to case. (Smith3, Dianne) (Entered: 10/26/2010)
10/26/20101INFORMATION (Felony) as to SB Pharmco Puerto Rico, Inc. (1) count(s) 1. (Attachments: # 12 Exhibit F)(Smith3, Dianne) (Main Document 1 replaced on 10/27/2010) (Smith3, Dianne). (Entered: 10/26/2010)
10/28/20102NOTICE OF ATTORNEY APPEARANCE: Geoffrey E Hobart appearing for SB Pharmco Puerto Rico, Inc.. Type of Appearance: Retained. (Hobart, Geoffrey) (Entered: 10/28/2010)
10/28/20103NOTICE OF ATTORNEY APPEARANCE: Matthew J. O'Connor appearing for SB Pharmco Puerto Rico, Inc.. Type of Appearance: Retained. (O'Connor, Matthew) (Entered: 10/28/2010)
10/29/20104Assented to MOTION to Allow Counsel to Enter Guilty Plea and Appear for the Imposition of the Sentence as to SB Pharmco Puerto Rico, Inc.. (Hobart, Geoffrey) (Entered: 10/29/2010)
10/29/20105Assented to MOTION to Conduct a Combined Change of Plea and Sentencing as to SB Pharmco Puerto Rico, Inc.. (Hobart, Geoffrey) (Entered: 10/29/2010)
10/29/20106CORPORATE DISCLOSURE STATEMENT as to SB Pharmco Puerto Rico, Inc. identifying Corporate Parent SmithKlineBeecham (Cork) Limited, Other Affiliate GlaxoSmithKline PLC for SB Pharmco Puerto Rico, Inc. (Hobart, Geoffrey) (Entered: 10/29/2010)
11/03/2010  ELECTRONIC NOTICE OF HEARING as to SB Pharmco Puerto Rico, Inc. Plea and Sentence set for 11/8/2010 02:15 PM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) (Entered: 11/03/2010)
11/03/2010   Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 4 Motion as to SB Pharmco Puerto Rico, Inc. (1) (Lovett, Zita) (Entered: 11/03/2010)
11/03/2010   Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 5 Motion as to SB Pharmco Puerto Rico, Inc. (1) (Lovett, Zita) (Entered: 11/03/2010)
11/03/20107Assented to MOTION Order of Forfeiture as to SB Pharmco Puerto Rico, Inc. by USA. (Attachments: # 1 Text of Proposed Order Order of Forfeiture)(Winkler, Susan) (Entered: 11/03/2010)
11/08/2010  ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro:Plea and Sentence Hearing held on 11/8/2010 SB Pharmco Puerto Rico, Inc. (1) Plea of guilty and sentencing on Count 1. Defendant sentenced: SB Pharmco Puerto Rico, Inc. (1), Count(s) 1, Defendant waives indictment and enters plea of guilty to count 1 of an information. Court imposes sentence as follows:A criminal fine of $140,000,000-to be paid within one week of the date of sentencing; Mandatory special assessment of $400;Criminal forfeiture in the amount of $10,000,000. Court also finds that restitution has been made to the federal health care programs as part of the accompanying civil settlement of $600 million, plus interest. With regard to non-federal victims, the court finds that the complication and prolongation of the sentencing process that would result from an attempt to fashion a proper restitution order outweighs the need for such a restitution order because numerous unknown individuals and insurance companies purchased or reimbursed for the drug products and tracing reimbursements and determining apportionment of payment would be difficult, if not impossible.. (Attorneys present: Winkler,Kelley,Josephs, AUSA; Hobart,Connors, deft.. )Court Reporter Name and Contact or digital recording information: Carol Scott at 617-330-1377. (Lovett, Zita) (Entered: 11/09/2010)
11/08/20108WAIVER OF INDICTMENT by SB Pharmco Puerto Rico, Inc. (Geraldino-Karasek, Clarilde) (Entered: 11/12/2010)
11/08/20109AUTHORIZATION OF COUNSEL BY THE TRUSTEE OF SB PHARMCO PUERTO RICO, INC. (Geraldino-Karasek, Clarilde) (Entered: 11/12/2010)
11/08/201010Revised Plea Agreement as to SB Pharmco Puerto Rico, Inc. (Geraldino-Karasek, Clarilde) (Entered: 11/12/2010)
11/08/201011 Judge Joseph L. Tauro: ORDER entered ALLOWED re 7 Assented to Motion Order of Forfeiture as to SB Pharmco Puerto Rico, Inc. (1). (Geraldino-Karasek, Clarilde) (Entered: 11/12/2010)
11/08/201012Judge Joseph L. Tauro: ORDER OF FORFEITURE entered as to SB Pharmco Puerto Rico, Inc. (Geraldino-Karasek, Clarilde) (Entered: 11/12/2010)
11/16/2010  PAYMENT RECEIVED $ 140,000,000.00, receipt number 650001, received November 15, 2010, re Plea and Sentence,,,,, as to SB Pharmco Puerto Rico, Inc. (Adam, Lucien) (Entered: 11/16/2010)
11/18/201013Judge Joseph L. Tauro: ORDER entered. JUDGMENT as to SB Pharmco Puerto Rico, Inc. (1), Count(s) 1, Defendant waives indictment and enters plea of guilty to count 1 of an information. Court imposes sentence as follows:A criminal fine of $140,000,000-to be paid within one week of the date of sentencing; Mandatory special assessment of $400;Criminal forfeiture in the amount of $10,000,000. Court also finds that restitution has been made to the federal health care programs as part of the accompanying civil settlement of $600 million, plus interest. With regard to non-federal victims, the court finds that the complication and prolongation of the sentencing process that would result from an attempt to fashion a proper restitution order outweighs the need for such a restitution order because numerous unknown individuals and insurance companies purchased or reimbursed for the drug products and tracing reimbursements and determining apportionment of payment would be difficult, if not impossible. (Geraldino-Karasek, Clarilde) (Entered: 11/18/2010)
11/18/2010  Case Terminated as to SB Pharmco Puerto Rico, Inc. (Geraldino-Karasek, Clarilde) (Entered: 11/22/2010)
11/24/201014US Marshal Process Receipt and Return for $10,000,000,00. Deposited into the Asset Forfeiture Fund on 11/18/2010. (Geraldino-Karasek, Clarilde) (Entered: 11/29/2010)