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December 17, 2014

Feds accuse pharmacists of murder in NECC case

Federal prosecutors have charged two former pharmacists with second-degree murder for allegedly allowing dirty conditions at a Framingham pharmacy that produced contaminated steroids that killed dozens of people around the country.

Barry Cadden, a Wrentham man who was president of the New England Compounding Center, and Glenn Chin, a Canton man who became supervisory pharmacist in 2010, are both accused of murder as part of racketeering charges.

Twelve other people have been charged by federal prosecutors for their role in the 2012 fungal meningitis outbreak. Workers allegedly used fake names for prescriptions to disguise the Framingham pharmacy's role in producing pharmaceuticals wholesale and outside of federal regulation.

Federal officials today outlined the series of criminal charges against the 14 people who were arrested early Wednesday in connection with the deadly nationwide fungal meningitis outbreak that originated at a now former Framingham pharmacy.  Charges in the 131-count indictment include racketing, conspiracy and mail fraud.

Federal officials had scheduled a press conference in Boston late Wednesday morning.

Earlier in the day, there was widespread coverage of the early morning arrests on television and a spokeswoman for the U.S. Attorney's office confirmed the arrests. Among those arrested were the owners of the former pharmacy, New England Compounding Center (NECC). A television crew from WCVB/Channel 5 documented federal agents' pre-dawn descent on the home of NECC co-owner Barry Cadden in Wrentham.

Meanwhile, the Associated Press reported that a co-founder, Gregory Conigliaro of Southborough, was also arrested at his home, while co-owner and former supervisory pharmacist Glenn Adam Chin was arrested as he was about to board a flight to Hong Kong back in September.

U.S. Department of Justice officials sent out an advisory Wednesday morning, announcing a press conference would be held at 11 a.m. inside the Moakley Courthouse with Acting Associate Attorney General Stuart Delery, U.S. Attorney Carmen Ortiz, Acting Assistant Attorney General Joyce Branda for the Justice Department's Civil Division, and Food and Drug Administration Deputy Commissioner Howard Sklamberg.

According to the indictment, which was unsealed Wednesday, Cadden served as the NECC's president and head pharmacist.

According to October 2013 figures from the Centers for Disease Control and Prevention, NECC's tainted steroids sickened 751 people and killed 64 people in 20 states.

Prosecutors filed a 73-page indictment alleging a criminal scheme was at work to defraud the government and others.

Named as defendants in the indictment were Cadden, Glenn Chin, Gene Svirskiy, Christopher Leary, Joseph Evanosky, Scott Connolly, Sharon Carter, Alla Stepanets, Gregory Conigliaro, Robert Ronzio, Kathy Chin, Michelle Thomas, Carla Conigliaro and Douglas Conigliaro.

The charges included racketeering, racketeering conspiracy, conspiracy to defraud the United States, dozens of counts of mail fraud, multiple counts of introducing misbranded drugs into interstate commerce, multiple counts of criminal contempt, conspiracy to commit structuring, and financial structuring charges.

In July, Gov. Deval Patrick signed a law that he said addressed the "gray area" in the compounding pharmacy industry through increased oversight. The law created new penalties and fines, and directed the state Board of Registration in Pharmacy to establish new state licenses for sterile, complex non-sterile, hospital and out-of-state pharmacies.

A 2013 federal law created a system for the Food and Drug Administration to track and regulate compounding entities.

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