Wednesday, May 11, 2011

Court acquits Stevens

Federal Greenbelt U.S. District Judge Roger Titus granted a Rule 29 Motion today on behalf of Attorney Lauren Stevens.  The attached decision discusses the Crime Fraud Exception, reliance on the advice of counsel, and imperfect lawyer responses to a regulatory body.  Judge Titus concluded that access to the confidential privileged files should not have been granted by a Mass Magistrate Judge.  He found that the “responses that were given by the defendant in this case may not have been perfect; they may not have satisfied the FDA.  They were, however, sent to the FDA in the course of her bona fide legal representation of a client and in good faith reliance of both external and internal lawyers for GlaxoSmithKline.”  The Judge also found that as to all counts “relating to the question of advice of counsel, the evidence in this case can only support one conclusion, and that is that the defendant sought and obtained the advice and counsel of numerous lawyers…”  Finally, Judge Titus ruled “on the basis of the record before me that only with a jaundiced eye and with an inference of guilt that’s inconsistent with the presumption of innocence could a reasonable jury ever convict this defendant.”   He also discussed his sentencing of other lawyers and that “lawyers do not get a free pass.”

Here is the transcript:
110510 Stevens

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