Valeant Kickback Case Puts Skilling To Test In 2nd Circ.

Law360, New York (June 24, 2019, 4:05 PM EDT) -- The Second Circuit pondered Monday whether nearly $10 million of undisclosed payments from a pharmacy CEO to a Valeant Pharmaceuticals executive rose to the level of criminal bribes or kickbacks under limits imposed by the U.S. Supreme Court in Skilling.

Newly confirmed Circuit Judge Michael H. Park asked how the convictions of ex-Valeant executive Gary Tanner and former Philidor Rx Services LLC CEO Andrew Davenport for honest services wire fraud fit into the "contours" of the high court's 2010 move to limit the scope of the federal honest services wire fraud statute.

"It left in bribes and kickbacks," Judge Park said,...

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