On December 15th, 2014, Bancroft attorneys Paul Clement, Erin Murphy and Candice Wong secured a victory for two of their clients in a highly unusual manner: by convincing the government to abandon their prosecutions. Dr. Anindya Kumar Sen and his wife, Patricia Posey Sen, were convicted of 29 counts of introducing misbranded drugs into interstate commerce for unwittingly having received prescription drugs that were misbranded by the distributor that sent them. After Bancroft argued in its opening appellate brief that neither the statute nor the Constitution permits imposition of strict criminal liability for the mere receipt of drug misbranded drugs, the government took the remarkable step of moving to vacate the Sens’ convictions and dismiss the indictment with prejudice. As the Wall Street Journal reported, this exceeding rare development is likely to have broad ramifications on future prosecutions under 21 U.S.C. 331(a).
Joe Palazzolo, Justice Department Takes Rare Step of Dropping Misbranding Case, The Wall Street Journal (December 16, 2014)