A Tennessee doctor and his wife who ran cancer clinics in East Tennessee and were charged with receiving misbranded drugs have had their jury convictions vacated, thanks to the efforts of Bonelaw attorneys Edward M. Yarbrough and Alex Little. The Justice Department informed the lawyers last night that it would not proceed with the prosecution of the defendants.
Dr. Anindya Kumar Sen and his wife, Patricia Posey Sen, were found guilty at trial of introducing misbranded drugs into interstate commerce, which is a misdemeanor. The Sens had argued that they were deceived by a foreign distributor posing as a U.S. company. Although the jury acquitted Mrs. Sen of all felony charges, it returned misdemeanor convictions against the couple after the district court instructed it that the government need not “prove that a defendant was aware of . . . or . . . intended any wrongful or illegal act.” Dr. Sen and Mrs. Sen appealed the verdicts, and their appeal was pending when the Justice Department sought to dismiss the case.
This appeal is believed to be the first in a prosecution of this type.
The Wall Street Journal has more on the case here.
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