NECC Execs Push 'Legal Impossibility' Defense In 1st Circ.

Law360 (March 18, 2020, 2:48 PM EDT) -- Two New England Compounding Center executives charged over a deadly fungal meningitis outbreak told the First Circuit that a lower court was right to toss their fraud convictions based on the rarely successful "legal impossibility" defense.

In a pair of briefs filed Monday and Wednesday, respectively, former NECC co-owner Gregory Conigliaro and operations director Sharon Carter said they could not have defrauded the U.S. Food and Drug Administration since the FDA was not exercising any regulatory oversight over compounding pharmacies.

The defendants asked the appeals court to uphold a June ruling by U.S. District Judge Richard G. Stearns, who accepted the legal impossibility defense — even...

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