In an interesting bit of legal jousting, former Glaxo lawyer Lauren Stevens is demanding that the feds name any and all Glaxo lawyers - whether their are legal staffers or outside counsel - who may somehow be complicit in obstructing an FDA probe into off-label marketing of the Wellbutrin SR antidepressant. Stevens, you may recall, was the only person indicted on this charge last November (here is the indictment).
Recently, Stevens indicated in court filings that she received advice from other Glaxo lawyers, including the King & Spalding law firm that regularly works for the drugmaker. The feds, however, argue this is not a kosher defense and that such a maneuver would confuse a jury, because lawyers with whom she conferred would, effectively, be asked to offer opinions, not actual expert testimony (back story). But in its latest filing, the Stevens legal team says the feds actually alluded to the "possible existence of unindicted co-conspirators" in a December filing and referred to "unidentified individuals" who advised Stevens. Her lawyers write that the government "refusal to state whether it in fact contends that any individuals have participated in criminal conduct is inexplicable and unfair" to her.
Why does this matter to them? In their view, disclosing any alleged co-conspirators is "necessary to permit Ms. Stevens to respond to the government’s efforts to preclude" her defense, which centers on arguing she relied on advice provided by other lawyers. In other words, the Stevens legal team continues to work hard to find yet another way to place blame on Stevens' former colleagues. And so, when this trial begins in April, the courtroom may yet offer the unusual, if not amusing, spectacle of gobs of high-priced lawyers pointing fingers at one another.
10 Comments
Can't wait!
I'm sure that Steven's buddies will readily admit to conspiracy to obstruct justice. Reminds me of the scene from "Shawshank Redemption" where Andy tells the Warden Norton that some ex-con named Elmo Blatch, who was doing 6-12 years for armed robbery admitted to his cellmate Tommy Wiliams that it was Blatch who really killed Andy's wife. When Norton hears Andy's story he facetiously says to Andy that of course Elmo would readily admit to the murder, and ask for an additional life sentence to boot. Norton didn't believe Andy's story, just like I don't believe Stevens' story either.
The lilly white lawyers at King & Spalding must regard God and righteous cause as being on their side in order to so enthusiastically (and remuneratively) aid and abet GSK in their murder, mayhem and pillaging of the national treasury. I can't help but feel a sense of "fun" that, somehow, some way, they may may have to experience the dim concept that their activities on behalf of GSK could be somehow nefarious, reprehensible and possibly criminal. Who'd a thunk it! Such lilly white fingers twitching so nervously. Fun.
Seems like just another technical legal maneuver. Trial strategy would be different if the King & Spalding attorneys are unindicted co-conspirators. This is basically asking the court to compel the prosecutors to take a stand on this, one way or the other.
Ms. Stevens will be looking back one day, wondering why she got a 60 year sentence eligible for parole in 20, instead of just a 3 - 5 year stent at a country club! Excuse me Ms. Moron, I would cooperate, because your attorneys are going to wipe out your retirement no matter what you choose.
She must fear the ramifications of what GSK will do to her, more than the Federal Government and spending the rest of her days in prison.
So be it, let her hang!
My guess is that in return for her silence, Stevens' present from GSK upon her release will be a a plane ticket to Geneva, Switzerland, together with single piece of paper denoting a numbered bank account, redeemable for a seven figure sum. Or as the line goes from "Shawshank", "severance pay for 20 years".
Seriously the truth is always stranger than fiction, and people do not surprise me anymore. Who knows what is going on behind closed doors? An analogy that could be applicable: The train left the station. Oh yes its on the way, and when it crashes into the depot, there will be a lot of carnage, and we don't know exactly who and what, but we know it will crash, and there will be injuries. So do you want off this train now Ms. Steven's, or you want to wait and see what happens?
Times , my suspicion is that Ms Stevens is driving the train, which will soon be derailed. My fear is that she will get a similar sentence as Captain Hazelwood of the Exxon Valdez-$50K fine and 1000 hrs community service.
Your concern is warranted II, however I believe her time to cut a deal to keep her out of the joint passed a long time ago, say prior to the indictment. Now that a grand jury has charged her with 6 felonies, I think she is toast! I hear the theme music to OZ every time her mane comes up. I hope she can adjust to McMannus and M-city!
Time, Maybe Lauren will "take one for the team" and exit stage left as did Louis Zabel (Frank Langella) did in "Wall Street II".