The Department of Justice has resumed charging generic pharmaceutical companies with criminal antitrust. Under US antitrust laws, federal prosecutors can charge corporations with criminal violations of competition laws.
Last month, the DOJ filed criminal and civil complaints against Heritage Pharmaceuticals, Inc., for bid-rigging, price-fixing and market-allocation. The single-count indictment charged that the company conspired with other pharmaceutical companies to eliminate competition.
The charges against Heritage involve the price of glyburide, a generic drug used to treat diabetes. Glyburide is classified as a sulfonylurea, which is designed to trigger the release of insulin. The company has entered into a deferred prosecution agreement with the Department of Justice. It has also settled a civil suit brought by the DOJ.
The deferred prosecution agreement requires the company to pay a fine of $225,000 and continue cooperating with the Department of Justice on the probe. It also confirms that the DOJ’s probe extends beyond Heritage Pharmaceuticals, and beyond the price manipulation of glyburide. In 2016, the DOJ criminally charged Heritage Pharmaceutical CEO Jeff Glazer and President Jason Malek with price-fixing. Both men have pleaded guilty and are awaiting sentencing.
Ventura antitrust attorney
When you face criminal charges for anti-competitive practices, your first step should be to hire an experienced federal criminal defense attorney. Robert Helfend has 35 years of criminal defense experience. He takes federal cases in any circuit in the United States. He also takes state-level cases in Ventura County and throughout Southern California.
Criminal antitrust probes can lead to high fines and long prison sentences. Because antitrust probes often involve conspiracies, defendants often rush to make plea deals, even when the evidence against them is slim. Defendants who make deals early often receive better treatment than those who attempt to make a deal later or make no deal at all.
Don’t rely on an inexperienced attorney who doesn’t know the federal court system.
Contact Robert Helfend or call toll-free at (800) 834-6434, (805) 273-5611, (310) 456-3317 or (818) 591-2809 for an immediate consultation on your Ventura County antitrust case.
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