BOSTON — On Dec. 17, Michigan Attorney General Bill Schuette joined Acting Associate U.S. Attorney General Stuart Delery, U.S. Attorney Carmen Ortiz for the District of Massachusetts, Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division and FDA Deputy Commissioner Howard Sklamberg at an announcement that 14 individuals connected to New England Compounding Center (NECC) will face felony charges for their alleged roles in the distribution of tainted injections of a steroid, known as methylprednisolone acetate, to clinics throughout the country.
The resulting meningitis tragedy caused 64 deaths nationwide, including 23 deaths of Michigan citizens, the most from any state. Hundreds of Michigan patients and their families continue to confront the painful aftermath of illnesses caused by the infections.
Schuette attended the announcement of federal indictments made today in Boston by Associate United States Attorney General Stuart Levery and United States Attorney Carmen M. Ortiz of the District of Massachusetts.
“Every family affected by this fungal meningitis tragedy deserves answers, and today’s announcement is the next step toward achieving justice for victims and their loved ones,” said Schuette. “Ongoing coordination between state and federal investigators has maximized the resources dedicated to this investigation and resulted in the serious criminal charges announced today. We will continue to work with federal investigators as our independent State investigation moves forward.”
The following crimes are among those alleged in the federal indictment:
Racketeering, punishable by up to life in prison;
Mail Fraud, punishable by up to 20 years in prison;
Introduction of Adulterated Drugs into Interstate Commerce, punishable by up to 3 years in prison;
Introduction of Misbranded Drugs into Interstate Commerce, punishable by up to 3 years in prison;
Conspiracy to commit Racketeering, punishable by up to life in prison; and,
Conspiracy to Structure Monetary Transactions and to Defraud the United States, punishable by up to 5 years in prison; and
Criminal Con-tempt, punishable at the discretion of the court.
Federal prosecutors allege that NECC owner and managing pharmacist Barry J. Cadden and supervisory pharmacist Glenn A. Chin, with the intent to defraud and mislead, prepared, packed and held drugs in unsanitary conditions, which caused the drugs to be contaminated. The drugs were then shipped to, among other places, Michigan Pain Specialists in Brighton and Port Huron Hospital.
In the racketeering charge, prosecutors allege that by processing and distributing the tainted steroid injections, Cadden and Chin committed second degree murder against 8 victims in Michigan, in violation of Michigan and federal law.
The indictment sets out the allegations that the federal government intends to prove in court. But it must be remembered that these are only allegations, and all of the defendants are presumed innocent until proven guilty in court.
To view the U.S. DOJ press release, please visit: http://1.usa.gov/1sFM0NI.
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