In my 10/30 blog I asked the question “has the upcoming trial been fixed” by Purdue Pharma and their acquaintances (including Attorney General Eric Holder). The trial, starting on December 6, 2011, concerned the former three Purdue Pharma executives.
You Be the Judge:
Douglas H. Ginsberg has been a judge on the U.S. Court of Appeals for the District of Columbia Circuit for 25 years. http://www.law.nyu.edu/news/DOUGLAS_GINSBURG Sadly, whether it was intentional or an oversight, money generated from OxyContin influenced him to lie before the Court and the American People.
On July 27th, Judge Ginsberg wrote the opinion for the Court concerning the former three Purdue Pharma executives (Appellants) against Kathleen Sebelius, The Health and Human Services (HHS) Secretary and Daniel Levinson, the Inspector General for HHS (Appellees). http://www.cadc.uscourts.gov/internet/opinions.nsf/459F3439969F140285257A48004F075C/$file/11-5028-1386058.pdf
For background, the three “criminals” were convicted in July, 2007 under the “responsible corporate officer” doctrine of the misdemeanor of misbranding a drug. They pleaded guilty, agreed to 400 hours of community service and were put on probation for three years. They also agreed to foregoing $34.5 million they received as compensation during the early years of marketing OxyContin.
After the convictions, Secretary Sebelius took decisive action and suspended the criminals from doing business with the government for 20 years. The well connected executives appealed the decision and it was brought down to 15 years. And still another last hope endeavor within the HHS confines whittled the decision down to a 12 year penalty.
After failing to convince the HHS powers, more money was spent to attempt to convince a District Court to eliminate and exonerate the criminals where they subsequently failed and the 12 year penalty remained.
In steps Douglas H. Ginsberg, who had made an announcement to partially retire from the Court prior to the December 6th arguments before the court.
It appears the wheels were set in motion early to derail our precious court and judicial system. In addition to Ginsberg, attorneys from at least one well connected Washington law firm, pharmaceutical industry and Washington legal experts stood within the court.
In other words, no money or expertise was spared to exonerate the three former criminals who worked for Purdue. For some reason, a judge who announced his partial retirement was saved for the case.
Few people know that the original guilty plea was put forth by a company called Purdue Frederick. Purdue Frederick was a company under the private ownership of Purdue. Purdue Frederick had nothing to do with manufacturing, marketing or selling OxyContin. The $600 million dollar agreement named Purdue Frederick so Purdue Pharma would be fined, but allowed to do business as usual without any more government interventions. http://www.counterpunch.org/2007/05/16/corporate-drug-pushers/
Judge Douglas H. Ginsberg knew that his FIRST SENTENCE in the opinion was false:
“Michael Friedman, Paul Goldenheim, and Howard Udell were executives at the Purdue Frederick Company when it misbranded a drug, to wit, the painkiller OxyContin, a schedule II controlled substance.”
Note: Purdue Frederick was NOT the company that Friedman, Goldenheim and Udell represented for OxyContin!
Subsequently, on page 26 the Court’s decision led by the Judge Ginsberg was that the decision by Kathleen Sebelius “was arbitrary and capricious” and HHS needed to revisit the decision.
Possibly millions of dollars were spent on attorney fees to argue before a “part time judge”.
In the opinion of the radio show, the justice our country’s principles were founded on was circumvented. Tens of thousands of people have been affected since the lies that Friedman, Goldenheim and Udell were a part of in the beginning days of OxyContin.
Purdue has been a part of influencing our politicians at every level of government in our country. It appears that they got to another judge as well.
I hope NYU helps break the silence on Judge Ginsberg’s integrity.