Glaxo Hire Ropes & Gray to Delve Into its Chinese Operations.

Unconfirmed reports have surfaced that GlaxoSmithKline have hired the services of  Ropes & Gray, a US law firm, to conduct an external investigation of its China business.

Colleen Conry and Brien O’Connor, co-leaders of the Ropes & Gray government enforcement practice, were successful in winning an acquittal for former GlaxoSmithKline associate general counsel Lauren Stevens in the U.S. District Court for the District of Maryland back in 2011.

Stevens was acquitted on charges that she withheld documents from the U.S. Food and Drug Administration in its inquiry into possible off-label marketing of the antidepressant Wellbutrin.

I'm really struggling with the whole GSK Chinagate debacle.

It's bizarre, to say the least.

Firstly, they receive a bunch of emails from a whistleblower, at least 23 anonymous emails were sent to government agencies around the country and to GSK’s top management alleging that bribery was rife in GSK China sales and that the practice was endorsed by senior GSK management.

Instead of investigating the claims, Glaxo decided to investigate who they thought was behind the emails.

Why?

Vivian Shi, the company’s former head of government affairs in the country and the person GSK suspected was trying to damage the company, was investigated by Peter Humphrey and his wife, Yu Yingzeng.

However, Humphrey found nothing that pointed toward Shi as being the whistleblower.

In his report, Mr Humphrey warned the company that, by focusing on Ms Shi, it might not be seeing the wood for the trees.
     
“GSK should be wary of possible operational loopholes that make it vulnerable,” he concluded in the confidential report submitted to his client, adding that such loopholes included “wrongdoings committed by employees or business partners”. [Source 双语新闻Bilingual News]

Humphrey and his wife were, shortly after their investigation into the whistleblower, arrested by Chinese authorities, which, to me at least, suggests they used illegal means when investigating Shi.

Humphrey and his wife are currently being held custody in Shanghai’s Pudong District Detention House. They are awaiting a trial that will be held behind closed doors, away from the public.

Why?

Shortly after their arrest Chinese authorities turned their attention to GSK's Mark Reilly. Reilly was arrested on suspicion of ordering GSK employees to form a massive bribery network.

The whereabouts of Reilly is unknown, other than he is currently in China.

He is not being held in any detention centre.

Why?

Hiring Ropes & Gray to conduct an external investigation of its China business seems to confirm that their own investigation of the allegations just wasn't good enough.

GSK carried out their own internal investigation into the allegations but found nothing on the scale of what the Chinese authorities found...or have alleged.

Why?

By hiring Ropes & Gray aren't GSK admitting that their own internal investigation team failed?

Have Ropes & Gray really been hired to conduct an external investigation or have they been hired to help with Reilly's defense?

An email to Ropes & Gray asking them to confirm that they have been hired by GSK went unanswered.

My thoughts in this post are based purely on the unconfirmed reports that Ropes & Gray have been hired by GSK.

Bob Fiddaman


Back stories.

Glaxo - The Sex Tape Scandal

Peter Humphrey's 2012 Presentation - Pharma Bribery

GSK's Chinese Whispers and David Cameron

“GSK were really cagey", Claims Whitehall Official.

LAUREN STEVENS - MOTION GRANTED [INCLUDING THE FILES]

Lauren Stevens, the former GlaxoSmithKline's former in-house lawyer, who was charged with one count of obstructing an official proceeding, one count of falsifying documents before a federal agency and four counts of making false statements to the FDA, has had her motion for acquittal accepted by the US District Judge, Roger W. Titus.

The Washington News wire is reporting that:

A federal trial judge in Maryland has thrown out the federal government's case against a former GlaxoSmithKline PLC lawyer accused of lying to obstruct a U.S. investigation into whether the pharmaceutical company illegally marketed an antidepressant as a weight-loss drug.

U.S. District Court Judge Roger Titus acquitted former Glaxo lawyer Lauren Stevens without sending the case to the jury. Titus called his summary move to acquit Stevens a "first" in his seven and a half years on the bench.

"I conclude 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," Titus said.

Stevens moved for acquittal citing that the US government had failed to present evidence sufficient to prove beyond a reasonable doubt any of the six counts. [See Fig 1]

The government opposed her motion. Their response to Stevens request can be seen in Fig 2.




Stevens motion for acquittal.

FIG 1



Response to Stevens request for judgement of acquittal.

FIG 2








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Former Glaxo Lawyer Files Motion & Glaxo Drug Down The Pan

Two stories from yesterday - one mentions the word 'motion', the other mentions Glaxo's wonder diet pill, Alli.

Play on words anybody?


Former Glaxo Lawyer Files Motion, Prepares to Open Defense

By Sue Reisinger

Lauren Stevens, the indicted former in-house lawyer for GlaxoSmithKline, asked a federal judge Monday to acquit her of six criminal charges that she obstructed a federal investigation and made false statements to investigators.

Stevens’s lawyers argued the point Monday after the government rested its case on May 6, and the defense filed a 37-page motion. Reid Weingarten, a partner at Steptoe & Johnson, leads the defense team.

The motion stated, “At the conclusion of the government’s case-in-chief, it has failed to present evidence sufficient to prove beyond a reasonable doubt any of the six counts against Ms. Stevens. For this reason, the Court should enter a judgment of acquittal.”

MORE HERE





GSK dumps weight-loss drug Alli

Reuters

GlaxoSmithKline is selling its weight-loss drug Alli, a product once seen as a key driver for its consumer healthcare division, as part of an overhaul of the non-prescription medicine unit.

Other over-the-counter products being divested include painkillers Solpadeine, BC and Goody's; vitamin and supplement product Abtei; and feminine hygiene treatment Lactacyd, Britain's biggest drugmaker said on Thursday.

MORE HERE


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Wellbutrin - To Promote or Not Promote...That is the Question.

Image: biomindshare.com

Did they or didn't they?

Lauren Stevens, the Glaxo associate general counsel, who is charged with one count of obstructing an official proceeding, one count of falsifying documents before a federal agency and four counts of making false statements to the FDA, has heard evidence given to a jury by James Millar, GSK vice president of strategic pricing, contracting and marketing.

Millar had originally refused to testify but prosecutors persuaded the US District Judge [Roger W. Titus] to order him to give his testimony.

Millar was head of GSK's marketing for Wellbutrin and remained insistent that GSK's promotion of its product was as an antidepressant that carried low risk of weight gain and sexual dysfunction.

GSK have claimed that they worked with doctors to stop the promotion of Wellbutrin for off label use.

In 2002, writes Law 360's Christopher Norton, "GSK became aware that the company's two top promotional-speaker doctors were using slides in their presentations including information for off-label uses of the drug, but swiftly took steps to bring the pair into compliance with all regulations."

Those top two doctors were named as Psychiatrist James Hudziak and physician James Pradko, they were both the most highly paid doctors in GSK's Wellbutrin promotional stable.

It was Millar who, alongside others at GSK, worked with doctors that GSK, claimed, paid to promote the drug in an effort to ensure the physicians removed any mention of off-label uses from their presentations, especially in the wake of new regulations that began to roll out around 2002, he told the jury, writes Christopher Norton for Law360.

It is alleged that Lauren Stevens lied to the FDA when they sought information from GSK about whether or not they promoted Wellbutrin for weight loss. It's also alleged that Stevens knew GSK had sponsored programs that promoted Wellbutrin as a weight loss drug. Stevens is also alleged to have known that GSK had paid many doctors to promote Wellbutrin to other doctors which included "off-label" use.

Millar claims that he was sent to monitor Psychiatrist James Hudziak after concerns were raised about his potential use of off-label slides, slides he used at presentations. Millar was apparently able to make Hudziak change the presentation and got him to start using a "company approved" slide kit.

Stevens has claimed that she concealed slides from the FDA showing that GSK was promoting Wellbutrin for illegal unapproved use, she has also claimed that she was advised by a company lawyer to do so.

So, we have GSK saying they did everything in their power to stop doctors promoting the illegal, unapproved use of Wellbutrin... yet we have Stevens, as part of her defence, claiming she concealed slides that showed GSK was promoting Wellbutrin for illegal unapproved use. Not only that - she was told to do so by one of GSK's lawyers!

The mind boggles at how this company operate.

It seems that Stevens, the former Glaxo associate general counsel, is now turning against the very same people she used to work for. You go girl.

The case against Stevens continues.

Her re-indictment can be viewed HERE

If karaoke is your thing then you may enjoy this little ditty.



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Feds Want GSK VP To Testify In Wellbutrin Case

Not looking good for Glaxo.

Back story:

Lauren Stevens - What's Up Dock!

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Lauren Stevens - What's Up Dock!

Lauren Stevens, remember her? She was previously charged with making false statements related to the promotion of Glaxo's antidepressant...um...smoking cessation pill....erm...diet pill, Wellbutrin.

Stevens was left off the hook back in November due to a legal technicality - The prosecutors basically made errors when presenting the case.

Well...she's back in the dock again, same charges as before. More HERE

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Back stories

Glaxo's Associate General Counsel Indicted For Obstruction.

Glaxo's Dirty Little Secret is out - It was Wellbutrin!

Will GSK Lawyer, Lauren Stevens, Squeal Like A Little Piggy?

Will Former Glaxo Lawyer Squeal?


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Judge Ponders Possible Dismissal of Case Against Ex-Glaxo Counsel Lauren Stevens

Image: cbsnews.com

The case against ex-Glaxo Counsel, Lauren Stevens, may be dropped according to press reports this past week or so. King and Spalding, Glaxo's team of highly paid lawyers, will breathe a sigh of relief if the Judge rules in Steven's favour.

The indictment accused the Glaxo official, Lauren C. Stevens of Durham, N.C., of lying to the Food and Drug Administration in 2003, by writing letters, as associate general counsel, denying that doctors speaking at company events had promoted Wellbutrin for uses not approved by the agency. Ms. Stevens “made false statements and withheld documents she recognized as incriminating,” including slides the F.D.A. had sought during its investigation, the indictment stated. [Back story]

It would appear she may get off on a technicality - don't you just love the law!

Anyway, these are for you Lauren.





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ORDER THE PAPERBACK
'THE EVIDENCE, HOWEVER, IS CLEAR...THE SEROXAT SCANDAL' By Bob Fiddaman
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