NECC Execs Say Conspiracy Convictions 'Legally Impossible'

Law360, Boston (February 26, 2019, 5:58 PM EST) -- Two former executives at the New England Compounding Center asked a Massachusetts federal judge Tuesday to nullify their convictions for conspiracy to defraud the U.S. Food and Drug Administration, saying the crime was "legally impossible."

During a hearing in federal court in Boston, Dan Rabinovitz of Murphy & King PC, representing former NECC co-owner Greg Conigliaro, said the FDA offered no legal distinction between compounders, who make drugs for individual patient prescriptions, and manufacturers, who ship drugs in bulk, rendering the argument that NECC illegally masqueraded as a compounder moot.

"There is no law defining the difference between these two entities,...

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