CLOSED

U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:11-mj-00375-RMU-1


Case title: USA v. UCB, INC.

Date Filed: 06/08/2011

Assigned to: Judge Ricardo M. Urbina

Defendant (1)
UCB, INC. represented byBrian E. Foster
COVINGTON & BURLING LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401
(202) 662-5255
Fax: (202) 778-5255
Email: bfoster@cov.com
ATTORNEY TO BE NOTICED

Ethan Mark Posner
COVINGTON & BURLING
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2494
(202) 662-5317
Fax: (202) 778-5317
Email: eposner@cov.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:331(k), 352(f)(1), and 333(a)(1); ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG; Causing drugs to be misbranded while held for sale after shipment in interstate commerce: inadequate directions for use.
(1)
The company, UCB, Inc. shall pay a fine in the amount of $7,552,258.00 on Count One (1) within a week of imposition of sentence. The company shall also pay a special assessment fee of $125.00. Order of Forfeiture entered.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMatthew C. Solomon
U.S. DEPARTMENT OF JUSTICE
555 4th Street, NW
Room 5233
Washington, DC 20530
(202) 252-1753
Fax: (202) 307-2304
Email: matthew.solomon@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/08/2011INFORMATION as to UCB, INC. (1) count(s) 1. (FORFEITURE ALLEGATION) (hsj, ) (Entered: 06/08/2011)
06/08/2011PLEA AGREEMENT as to UCB, INC. (Attachments: # 1 Exhibit A: Information, # 2 Exhibit B: Statement of the Offense, # 3 Exhibit C: Civil Settlement Agreement, # 4 Exhibit Tolling Agreement Dated 4/1/2011, # 5 Exhibit UCB Certification And Unanimous Written Consent of Board of Directors, and Exhibits Thereto, # 6 Exhibit UCB Affiliated Entities, # 7 Exhibit Lists)(hsj, ) (Entered: 06/08/2011)
06/08/2011SENTENCING MEMORANDUM by UCB, INC. (hsj, ) (Entered: 06/08/2011)
06/08/2011SENTENCING MEMORANDUM by USA as to UCB, INC. (Attachments: # 1 Exhibit To Sentencing Memorandum) (hsj, ) (Entered: 06/08/2011)
06/08/2011NOTICE OF ATTORNEY APPEARANCE: Brian E. Foster appearing for UCB, INC. (Foster, Brian) (Entered: 06/08/2011)
06/08/2011NOTICE OF ATTORNEY APPEARANCE: Brian E. Foster appearing for UCB, INC. and entering appearance of Ethan M. Posner (Foster, Brian) (Entered: 06/08/2011)
06/08/2011NOTICE OF ATTORNEY APPEARANCE: Brian E. Foster appearing for UCB, INC. and entering appearance of Simone E. Ross (Foster, Brian) (Entered: 06/08/2011)
06/08/2011Corporate Disclosure Statement by UCB, INC. (Foster, Brian) (Entered: 06/08/2011)
06/09/2011  Minute Entry for proceedings held before Judge Ricardo M. Urbina: Arraignment/Plea Hearing as to UCB, INC. held on 6/9/2011. The representative of the company, Robert J. Trainor, Esquire, sworn. A Plea of guilty to Count 1 was entered by UCB, INC. through its representative, Robert J. Trainor, Esquire. Sentencing in this case is scheduled for this same date immediately following the plea hearing. (Present: Defense Attorney: Ethan Posner and Simone E. Ross; US Attorney: Matthew Solomon, Keith Morgan, Sondra Mills and Colin M. Huntley; Probation Officer: Kathie McGill); Court Reporter: Wendy Ricard. (tg, ) (Entered: 06/09/2011)
06/09/2011  Minute Entry for proceedings held before Judge Ricardo M. Urbina: Sentencing held on 6/9/2011 as to UCB, INC., Count 1: The company, UCB, Inc. shall pay a fine in the amount of $7,552,258 within a week of imposition of sentence. The company shall also pay a special assessment fee of $125.00 within 30 days of imposition of sentence. Pursuant to Rule 32.2(a) of the Federal Rules of Criminal Procedure, UCB INC. is ordered to forfeit the following property which was identified as related to the offense of conviction: substitute assets in the amount of $1,078,894 in United States currency to the United States Marshal's Service pursuant to wire instructions provided by the United States Attorney's Office. (Present: Defense Attorney: Ethan Posner and Simone E. Ross; US Attorney: Matthew Solomon, Keith Morgan, Sondra Mills, Colim M. Huntley; Probation Officer: Kathie McGill; and the representative of the company, UCB, INC., Mr. Robert J. Trainor, Esquire.); Court Reporter: Wendy Ricard. (tg, ) (Entered: 06/09/2011)
06/09/2011JOINT STIPULATION of Technical Modifications to the Plea Agreement by USA. (hsj, ) (Entered: 06/09/2011)
06/09/201110 WAIVER OF INDICTMENT by UCB, INC. Signed by Judge Ricardo M. Urbina on 6/9/2011. (tg, ) (Entered: 06/09/2011)
06/09/201111 WAIVER of Right to Trial by Jury as to UCB, INC. Approved by Judge Ricardo M. Urbina on 6/9/2011. (tg, ) (Entered: 06/09/2011)
06/09/201112 CONSENT ORDER OF FORFEITURE signed by Judge Ricardo M. Urbina on 6/9/2011 as to UCB, INC. (tg, ) (Entered: 06/09/2011)
06/21/201115 NOTICE that the Court is in receipt of a wire transfer in the amount of $7,552,258.00 to satisfy the fine obligation as to UCB, INC.; receipt no.: CQ11461600079 (hsj, ) (Entered: 07/01/2011)
06/23/201113 JUDGMENT as to UCB, INC. Statement of Reasons Not Included. Signed by Judge Ricardo M. Urbina on 6/23/2011. (hsj, ) (Entered: 06/27/2011)
06/23/201114 STATEMENT OF REASONS as to UCB, INC. re 13 Judgment Not for public disclosure per Judicial Conference Policy. Signed by Judge Ricardo M. Urbina on 6/23/2011. (hsj, ) (Entered: 06/27/2011)