Feds Ask 1st Circ. To Reinstate Full Insys Kickback Verdict

Law360 (December 7, 2020, 9:51 PM EST) -- Federal prosecutors urged the First Circuit on Monday to overturn a decision that vacated part of the landmark jury verdict in which five former Insys Therapeutics Inc. executives and managers were convicted of racketeering, arguing the evidence firmly supports the government's case.

In a 311-page brief that included its cross-appeal, the government contended the district court misapplied the equipoise rule, which says that when the evidence on both sides is evenly balanced, the scales should be tipped in the defendant's favor.

According to prosecutors, the court wrongly nixed two racketeering predicates that accused Insys founder John Kapoor, ex-regional sales managers Sunrise...

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