Former GSK In-House Counsel Lauren Stevens Acquitted

Earlier today, Honorable Roger W. Titus, who is the judge presiding over the Lauren Stevens trial, granted the defendant's motion for a judgment of acquittal, bringing the case to an end. Stevens had been accused of obstruction and making false statements in connection with GSK's responses to a voluntary request from the FDA for information concerning GSK's marketing practices for the drug Wellbutrin. In dismissing the case, Judge Titus found that "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. She made full disclosure to them. Every decision that she made and every letter she wrote was done by a consensus. Now, even if some of these statements were not literally true, it is clear that they were made in good faith which would negate the requisite element required for all six of the crimes charged in this case."

Judge Titus further stated that he "believe[d] it would be a miscarriage of justice to permit this case to go to the jury" and recognized that "[t]here is an enormous potential for abuse in allowing prosecution of any attorney for the giving of legal advice. I conclude that the defendant in this case should never have been prosecuted and she should be permitted to resume her career." Attached is a copy of Judge Titus's decision.

 

Court Dismisses Indictment Against Former GSK Attorney

Yesterday, a federal district court for the District of Maryland issued an opinion dismissing without prejudice the indictment against former GSK in-house attorney Lauren Stevens accusing her of obstruction and making false statements in connection with an FDA inquiry concerning the company's marketing practices for Wellbutrin.  Although the dismissal is without prejudice, it is difficult to see how the government will be able to obtain a new indictment given the court's holding that the prosecutor must provide any new grand jury with an instruction to this effect:  "if Stevens relied in good faith on the advice of counsel, after fully disclosing to counsel all relevant facts, then she would lack the wrongful intent to violate the law and could not be indicted for the crimes charged in the proposed indictment."  (Opinion, p. 17).  Also attached is a copy of the recently unsealed motion and declaration submitted by Stevens' attorney that led to the favorable decision.