Analysis

Insys Verdict Flip Is A Check On Aggressive Feds

Law360 (November 27, 2019, 5:54 PM EST) -- Insys Therapeutics Inc. executives got part of the landmark opioid verdict against them thrown out, showing overreach by Boston federal prosecutors as well as the high bar of evidence needed to prove a conspiracy to distribute legal drugs, experts told Law360.

U.S. District Judge Allison Burroughs on Tuesday knocked down the Controlled Substances Act predicate of the Racketeer Influenced and Corrupt Organizations Act conviction of Insys founder John Kapoor and four other former executives. Judge Burroughs had seemed skeptical of the CSA charge all along, though prosecutors convinced a jury in May that Kapoor and his cohorts conspired to bribe doctors to prescribe...

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