DOCSLIB.ORG

AG Balderas Files Lawsuit Against Purdue Pharma's Sackler Family for Fueling Opioid Crisis

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
AG Balderas Files Lawsuit Against Purdue Pharma's Sackler Family for Fueling Opioid Crisis For Immediate Release: September 10, 2019 Contact: Matt Baca (505) 270-748 AG Balderas Files Lawsuit Against Purdue Pharma's Sackler Family for Fueling Opioid Crisis Albuquerque, NM---Today, Attorney General Balderas took yet another step in holding accountable those responsible for New Mexico's opioid epidemic. In a lawsuit filed today, Attorney General Balderas brought action against the Sackler family for masterminding illegal and deceptive practices which caused millions of pills to come flooding into New Mexico. These eight members of the billionaire Sackler Family have owned and controlled Purdue for decades. Until recently, the Sacklers controlled a majority of the seats on the company's board and used the company to execute illegal and deadly schemes which helped lead New Mexico and the rest of the nation into the epidemic we are currently facing, all the while paying themselves billions. "The Sacklers are perhaps the most deadly drug dealers in the world. Because of their illegal actions, New Mexico faces some of the highest opioid related death numbers in the nation, and we have whole communities here in New Mexico which will never be the same again,” said Attorney General Balderas. "Today I am seeking to hold them accountable and to help end New Mexico's crisis and avoid more lives being lost." The Sacklers and Purdue designed their operations to pull the wool over the eyes of the public, state and federal regulators, and many doctors. They wrote the book on how to market narcotics directly to doctors and to the public-- convincing everyone through a decades-long misinformation campaign that pain was being under-treated, and that chronic, long-lasting pain of all sorts should be aggressively treated with their powerful opioid, oxycontin. Purdue is not a publicly traded corporation and it has no other shareholders besides the family, who regularly voted to pay themselves billions from the company, then filtered company profits through a maze of trusts, offshore holding companies and foreign banks. Since 2007, the Sacklers have taken billions out of the company, making themselves rich at the expense of New Mexican lives. A copy of the complaint is attached. ### FIRST JUDICIAL DISTRICT COURT COUNTY OF SANTA FE STATE OF NEW MEXICO STATE OF NEW MEXICO, EX REL., § HECTOR BALDERAS, ATTORNEY § GENERAL, § § NO. _______________________ Plaintiff, § § vs. § § RICHARD S. SACKLER, BEVERLY § SACKLER, DAVID A. SACKLER, ILENE § SACKLER LEFCOURT, JONATHAN D. § SACKLER, KATHE SACKLER, § MORTIMER D. A. SACKLER, AND § THERESA SACKLER, § § Defendants. § PLAINTIFF’S COMPLAINT TABLE OF CONTENTS I. INTRODUCTION ...............................................................................................................1 II. PARTIES ...........................................................................................................................10 A. Plaintiff ..................................................................................................................10 B. Defendants .............................................................................................................10 III. JURISDICTION AND VENUE ........................................................................................13 IV. FACTUAL BACKGROUND ............................................................................................14 A. Purdue and the Sacklers used multiple avenues to disseminate its unfair and deceptive statements about the use of opioids for chronic pain.............................16 1. Purdue spread its unfair and deceptive statements through direct marketing of its brand opioids. ..................................................................17 2. Purdue and the Sacklers used a diverse group of seemingly independent third parties to spread unfair and deceptive statements about the risks and benefits of using opioids for chronic pain. ..........................................19 B. Purdue and the Sacklers misrepresented the risks and benefits of using opioids for chronic pain. .....................................................................................................22 1. Purdue and the Sacklers falsely trivialized or failed to disclose the known risks of long-term opioid use. ........................................................23 2. Purdue and the Sacklers grossly overstated the benefits of chronic opioid therapy. ...........................................................................................29 3. Purdue and the Sacklers also engaged in other unfair conduct. .................31 C. Purdue and the Sacklers targeted susceptible prescribers and vulnerable patient populations. ............................................................................................................32 D. The Sacklers directed and led Purdue’s misconduct..............................................33 1. The Sacklers’ misconduct leading to the 2007 judgment ..........................34 2. The Sacklers’ misconduct from 2007 until today ......................................40 E. Although they knew their conduct was deceptive and unfair, the Sacklers fraudulently concealed their conduct. ..................................................................124 COUNT I – VIOLATION OF NEW MEXICO UNFAIR PRACTICES ACT (NMSA 1978, §§ 57-12-1 TO -26) .................................................................................125 RELIEF ........................................................................................................................................130 i COMPLAINT Plaintiff, the State of New Mexico, by Hector Balderas, Attorney General (the “State”), brings this Complaint against Defendants Richard S. Sackler, Beverly Sackler, David A. Sackler, Ilene Sackler Lefcourt, Jonathan D. Sackler, Kathe Sackler, Mortimer D.A. Sackler, and Theresa Sackler (collectively, the “Sacklers” or “Defendants”) and alleges, upon information and belief, as follows: I. INTRODUCTION 1. The State of New Mexico brings this civil enforcement action seeking civil penalties and other relief for Defendants’ unfair and deceptive marketing of prescription opioids (hereinafter “opioids”).1 2. This nation is facing an unprecedented opioid addiction epidemic that was initiated and perpetuated by the Sacklers for their own financial gain, to the detriment the State and its residents. The “Sacklers” include Richard Sackler, Beverly Sackler, David Sackler, Ilene Sackler Lefcourt, Jonathan Sackler, Kathe Sackler, Mortimer Sackler, and Theresa Sackler. The Sacklers engaged in unfair and deceptive marketing of prescription opioids as safe and non-addictive through their closely held companies including: Purdue Pharma L.P., the Purdue Frederick Company, Purdue Pharmaceutical Products L.P. and Purdue Products L.P. (collectively “Purdue”). 3. In 2014, more than 47,000 people died in the United States from lethal drug overdoses. In 2015, that number exceeded 52,000.2 In 2016, it exceeded 63,000 – more than the number of Americans who died during the entirety of the Vietnam War, and more than the number 1 As used herein, the term “opioid” refers to the entire family of opiate drugs including natural, synthetic and semi-synthetic opiates. 2 Overdose Death Rates, National Institute of Drug Abuse, https://www.drugabuse.gov/related- topics/trends-statistics/overdose-death-rates (hereinafter, “Overdose Death Rates”) (last visited Dec. 14, 2018). 1 of Americans who die from breast cancer every year.3 Sadly, this trend shows no sign of slowing. Nationwide, opioids were involved in 47,600 overdose deaths in 2017—a sixfold increase from 1999—according to the latest data from the U.S. Centers for Disease Control and Prevention (“CDC”).4 4. More than three out of five of those deaths involve opioids—a dangerous, highly addictive and often lethal class of natural, synthetic and semi-synthetic painkillers.5 Prescription opioids include brand-name medications like OxyContin, Opana, Subsys, Fentora and Duragesic, as well as generics like oxycodone, hydrocodone and fentanyl. 5. That number does not take into account the staggering number of additional illicit opioid deaths that can be related back to prescribed opioids. Four out of five new heroin users began first with prescription opioid misuse.6 It is thus unsurprising that heroin overdose deaths increased in lockstep with those attributed to prescription opioids; the Centers for Disease Control found a fivefold increase in the heroin death rate between 2002 and 2014.7 According to an article published in the New England Journal of Medicine, two studies found that almost 80% of heroin 3 Vietnam War U.S. Military Fatal Casualty Statistics, National Archives, https://www.archives.gov/ research/military/vietnam-war/casualty-statistics.html (last visited Dec. 14, 2018); Rose A. Rudd et al., Increases in Drug and Opioid Involved Overdose Deaths – United States, 2010-2015, 65 Morbidity & Mortality Weekly Report 1445-52 (2016), https://www.cdc.gov/mmwr/volumes/65/wr/mm655051e1.htm (hereinafter, “Rudd, Increases in Drug and Opioid Involved Overdose”); Nadia Kounang, Opioids now kill more people than breast cancer, CNN (Dec. 21, 2017), https://www.cnn.com/2017/12/21/health/drug-overdoses-2016-final- numbers/index.html. 4 See https://www.drugabuse.gov/related-topics/trends-statistics/overdose-death-rates 5 And nearly half of those involve legal opioids prescribed by doctors to treat pain. 6 Christopher M. Jones, Heroin use and heroin use risk behaviors among nonmedical users of prescription opioid
Load more

Recommended publications
  • Commonwealth of Kentucky
    CAUSE NO. DALLAS COUNTY HOSPITAL DISTRICT § D/B/A PARKLAND HEALTH & § IN THE DISTRICT COURT HOSPITAL SYSTEM; PALO PINTO § COUNTY HOSPITAL DISTRICT A/K/A § PALO PINTO GENERAL HOSPITAL; § GUADALUPE VALLEY HOSPITAL A/K/A § GUADALUPE REGIONAL MEDICAL § CENTER; VHS SAN ANTONIO § PARTNERS, LLC D/B/A BAPTIST § OF DALLAS COUNTY, TEXAS MEDICAL CENTER, MISSION TRAIL § BAPTIST HOSPITAL, NORTH CENTRAL § BAPTIST HOSPITAL, NORTHEAST § BAPTIST HOSPITAL, and ST. LUKE’S § BAPTIST HOSPITAL; NACOGDOCHES § MEDICAL CENTER; RESOLUTE § HOSPITAL COMPANY, LLC D/B/A § _____ JUDICIAL DISTRICT RESOLUTE HEALTH; THE HOSPITALS § OF PROVIDENCE EAST CAMPUS; THE § HOSPITALS OF PROVIDENCE § MEMORIAL CAMPUS; THE HOSPITALS § OF PROVIDENCE SIERRA CAMPUS; THE § HOSPITALS OF PROVIDENCE § TRANSMOUNTAIN CAMPUS; VHS § BROWNSVILLE HOSPITAL COMPANY, § LLC D/B/A VALLEY BAPTIST MEDICAL § CENTER - BROWNSVILLE; VHS § HARLINGEN HOSPITAL COMPANY, LLC § D/B/A VALLEY BAPTIST MEDICAL § CENTER; ARMC, L.P. D/B/A ABILENE § REGIONAL MEDICAL CENTER; § COLLEGE STATION HOSPITAL, LP; § GRANBURY HOSPITAL CORPORATION § D/B/A LAKE GRANBURY MEDICAL § CENTER; NAVARRO HOSPITAL, L.P. § D/B/A NAVARRO REGIONAL HOSPITAL; § BROWNWOOD HOSPITAL, L.P. D/B/A § BROWNWOOD REGIONAL MEDICAL § CENTER; VICTORIA OF TEXAS, L.P. § D/B/A DETAR HOSPITAL NAVARRO and § DETAR HOSPITAL NORTH; LAREDO § TEXAS HOSPITAL COMPANY, L.P. D/B/A § LAREDO MEDICAL CENTER; SAN § ANGELO HOSPITAL, L.P. D/B/A SAN § ANGELO COMMUNITY MEDICAL § CENTER; CEDAR PARK HEALTH § SYSTEM, L.P. D/B/A CEDAR PARK § REGIONAL MEDICAL CENTER; NHCI § OF HILLSBORO, INC. D/B/A HILL § REGIONAL HOSPITAL; LONGVIEW § MEDICAL CENTER, L.P. D/B/A § LONGVIEW REGIONAL MEDICAL § CENTER; and PINEY WOODS § HEALTHCARE SYSTEM, L.P.
    [Show full text]
  • Oil Spill: How Fossil Fuel Funding Corrupts British Cultural Institutions
    Oil Spill: How Fossil Fuel Funding Corrupts British Cultural Institutions By Raquelle Bañuelos B.A., University of South Florida, Tampa, 2019 THESIS Submitted as partial fulfillment of the requirements for the degree of Master of Arts in Museum and Exhibition Studies in the Graduate College of the University of Illinois at Chicago, 2021 Chicago, Illinois Defense Committee: Dr. Molly Doane, Chair and Advisor Dr. Therese Quinn, Museum and Exhibition Studies Dr. Lucy Mensah, Museum and Exhibition Studies Dedicated to Sarah Rae Grossman “Go spill your beauty on the laughing faces Of happy flowers that bloom a thousand hues, Waiting on tiptoe in the wilding spaces, To drink your wine mixed with sweet drafts of dews.” Claude McKay, “Song of the Moon”, 1922 ii TABLE OF CONTENTS List of Abbreviations ……………………………………………………………………… iv Summary …………………………………………………………………………………… v Introduction …………………………………………………………………………………. 1 Methodology ………………………………………………………………………… 6 Literature Review …………………………………………………………………… 7 Chapter 1: The Decline of Public Funding for the Arts and Turn to Corporate Support …… 11 Funding From the State ……………………………………………………………... 11 The Benefits of Corporate Sponsorship …………………………………………….. 15 Chapter 2: Greenwashing and the Consequences of Corporate Influence in the Arts ……… 19 What is Greenwashing? ……………………………………………………………... 19 Manipulation of Staffers, Exhibition Material, and Public Programs……………….. 23 Chapter 3: The Fossil Fueled Climate Crisis ……………………………………………….. 30 The Climate Crisis ………………………………………………………………….. 30 Environmental
    [Show full text]
  • Sackler Complaint
    49D13-1905-PL-020498 Filed: 5/21/2019 9:44 AM Clerk Marion Superior Court, Civil Division 13 Marion County, Indiana IN THE CIRCUIT / SUPERIOR COURT FOR MARION COUNTY, INDIANA STATE OF INDIANA, Plaintiff, vs. RICHARD SACKLER, THERESA SACKLER, KATHE SACKLER, JONATHAN SACKLER, MORTIMER D.A. SACKLER, BEVERLY SACKLER, DAVID SACKLER, and ILENE SACKLER LEFCOURT, Defendants. COMPLAINT TABLE OF CONTENTS PRELIMINARY STATEMENT .................................................................................................... 1 PARTIES ...................................................................................................................................... 11 JURISDICTION AND VENUE ................................................................................................... 14 GENERAL ALLEGATIONS COMMON TO ALL COUNTS.................................................... 15 I. The Sackler Defendants, Through Purdue, Changed the Medical Consensus by Working Every Channel to Reach Prescribers and Indiana Patients. ................................................................................................................. 15 A. Purdue regularly met face-to-face with prescribers to promote its opioid drugs. ............................................................................................. 16 B. Purdue co-opted and exploited seemingly-independent channels to reach prescribers. ...................................................................................... 19 II. From Their Position of Control, the Sackler Defendants
    [Show full text]
  • Genome-Wide Association for Major Depression Through Age at Onset Stratification Major Depressive Disorder Working Group Of
    King’s Research Portal DOI: 10.1016/j.biopsych.2016.05.010 Document Version Publisher's PDF, also known as Version of record Link to publication record in King's Research Portal Citation for published version (APA): Power, R., Tansey, K., Buttenschøn, H. N., Cohen-Woods, S., Bigdeli, T., Psychiatric Genomics Consortium MDD Working Group, Hall, L. S., Kutalik, Z., Hong Lee, S., Ripke, S., Steinberg, S., Teumer, A., Viktorin, A., Wray, N. R., Baune, B. T., Boomsma, D. I., Børglum, A. D., Byrne, E. M., Castelao, E., ... GERAD1 Consortium: (2017). Genome-wide Association for Major Depression Through Age at Onset Stratification. Biological psychiatry , 81(4), 325-335. https://doi.org/10.1016/j.biopsych.2016.05.010 Citing this paper Please note that where the full-text provided on King's Research Portal is the Author Accepted Manuscript or Post-Print version this may differ from the final Published version. If citing, it is advised that you check and use the publisher's definitive version for pagination, volume/issue, and date of publication details. And where the final published version is provided on the Research Portal, if citing you are again advised to check the publisher's website for any subsequent corrections. General rights Copyright and moral rights for the publications made accessible in the Research Portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognize and abide by the legal requirements associated with these rights. •Users may download and print one copy of any publication from the Research Portal for the purpose of private study or research.
    [Show full text]
  • In Re Purdue Pharma LP, Et Al
    In re Purdue Pharma LP, et al. Joseph Hage Aaronson LLC Counsel to Raymond Sackler Family (“Side B”) Defense Presentation Part 2: Marketing April 26, 2021 1 Marketing 2 Board Members Did Not Personally Participate in Marketing • Board did not approve the content of any marketing material • Board relied on approval of all marketing material by (1) Medical, (2) Legal, and (3) Regulatory Affairs • Board relied on outside counsel’s audits and positive endorsement of Purdue’s Compliance Program • Board relied on OIG’s and IRO’s confirmations of compliance (2007-12) “In performing his duties, • Board relied on management’s confirmations marketing a director shall be entitled to rely on complied with state and federal laws (2007-18) information, opinions, reports or statements … prepared or presented by • Board relied on monitoring of sales calls by District Managers, … officers or employees of the corporation … whom Legal and Compliance the director believes to be reliable and competent in the matters presented ….” • Board Relied on compliance audits of key risk activities N.Y. Bus. Corp. Law §717 3 Board Knew Purdue Submitted All Marketing Materials to FDA § 314.81 Other postmarketing reports. (3) Other reporting—(i) Advertisements and promotional labeling. The applicant shall submit specimens of mailing pieces and any other labeling or advertising devised for promotion of the drug product at the time of initial dissemination of the labeling and at the time of initial publication of the advertisement for a prescription drug product… https://www.govinfo.gov/content/pk g/CFR-1997-title21-vol5/xml/CFR- 1997-title21-vol5-sec314-81.xml 4 Board Knew FDA Issues Warning Letters for Non-Compliant Marketing Material a.
    [Show full text]
  • State of Minnesota District Court County of Hennepin
    27-CV-18-10788 Filed in District Court State of Minnesota 8/5/2019 9:05 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Other Civil State of Minnesota by its Attorney General, Court File No. 27-CV-18-10788 Keith Ellison, Hon. Kevin S. Burke Plaintiff, vs. FIRST AMENDED COMPLAINT Purdue Pharma L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Richard Sackler, Kathe Sackler, Mortimer D.A. Sackler, Jonathan Sackler, David Sackler, Ilene Sackler Lefcourt, Beverly Sackler, and Theresa Sackler, Defendants. The State of Minnesota, by its Attorney General, Keith Ellison (“State or “AGO”), for its Complaint against Purdue Pharma, L.P., Purdue Pharma, Inc., and The Purdue Frederick Company, Inc. (collectively, “Purdue”), and Richard Sackler, Kathe Sackler, Mortimer D.A. Sackler, Jonathan Sackler, David Sackler, Ilene Sackler Lefcourt, Beverly Sackler, and Theresa Sackler (collectively, “Sackler Defendants”), hereby states and alleges as follows: INTRODUCTION 1. Minnesota, along with the rest of the country, is in the midst of a public health crisis caused by opioid drugs. An opioid marketing campaign originated and spearheaded by Purdue, maker of the blockbuster opioid painkiller OxyContin and leader of the prescription opioid industry, contributed to the opioid epidemic. 2. To ease health care providers’ traditional reluctance to prescribe opioids and to drive the market for OxyContin and other opioids, Purdue—under the direction and control of 27-CV-18-10788 Filed in District Court State of Minnesota 8/5/2019 9:05 AM the Sackler Defendants—began and has sustained a marketing campaign to deceive Minnesota health care providers about the risks and benefits of opioids.
    [Show full text]
  • Law Enforcement
    Page 2 Friday, October 4, 2019 Friday, October 4, 2019 Page 23 Daily Court Review Daily Court Review LAW ENFORCEMENT LAW ENFORCEMENTA weekly section, keeping you informed DAILY COURT REVIEW LAW ENFORCEMENT available at: Harris County Constable Pct. 1 Constable Alan Rosen 1302 Preston, Suite 301, Houston, TX 77002 713-755-5200 Harris County Constable Pct. 2 COLLEGES GOT MILLIONS FROM Constable Christopher E. Diaz 101 S Richey St, Suite C, Pasadena, TX 77506 OPIOID MAKER OWNERS 713-477-2766 Harris County Constable Pct. 3 By Collin Binkley And Jennifer Mcdermott | Associated Press Constable Sherman Eagleton 14350 Wallisville Rd., Houston, TX 77049 Prestigious universities around the world have accepted at sion for England and Wales. The recipients included schools from some students, alumni and politicians. Behind Rockefeller was the University of The AP contacted all universities that were lion from the Sackler Foundation in 2015, 701 Baker Road, Baytown, TX 77521 least $60 million over the past five years from the family that in the United States, the United Kingdom, Canada and Israel. Petitions at New York University and Tel Aviv University Sussex in England, which received $9.8 mil- identified in tax records as receiving more tax records show, along with smaller gifts as 281-427-4792 owns the maker of OxyContin, even as the company became For decades, the family has been a major philanthropic called on the schools to strip the Sackler name from research lion, according to tax records. A university than $1 million, along with some that were recently as 2017, totaling nearly $500,000.
    [Show full text]
  • Affidavit of Jeffrey J. Pyle in Support of Emergency Motion to Terminate Impoundment
    COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT No. 1884-cv-01808 (BLS2) ) COMMONWEALTH OF MASSACHUSETTS, ) ) Plaintiff, ) ) V ) ) PURDUE PHARMA L.P., PURDUE PHARMA INC., ) RICHARD SACKLER, THERESA SACKLER, ) KATHE SACKLER, JONATHAN SACKLER, ) MORTIMER D.A. SACKLER, BEVERLY SACKLER, ) DAVID SACKLER, ILENE SACKLER LEFCOURT, ) PETER BOER, PAULO COSTA, CECIL PICKETT, ) RALPH SNYDERMAN, JUDITH LEWENT, CRAIG ) LANDAU, JOHN STEWART, MARK TIMNEY, ANd ) RUSSELL J. GASDIA, ) ) Defendants ) ) AFFIDAVIT OF JEFFREY J. PYLE IN SUPPORT OF EMERGENCY MOTION TO TERMINATE IMPOUNDMENT I, Jeffrey J. Pyle, hereby depose and state as follows. l. I am counsel to non-parties Dow Jones & Company, Inc., publisher of The Wall Street Journal; Boston Globe Media Partners, LLC, publisher of S77T andThe Boston Globe; Reuters News and Media Inc., owner of the Reuters news agency; The New York Times Company, publisher of The New York Times; and Trustees of Boston University, through its radio station, WBUR (collectively, the "Media Consortium"). I make this affidavit pursuant to Rule 10 of the Uniform Rules of Impoundment Procedure in support of the Media Consortium's emergency motion to terminate impoundment of the First Amended Complaint and its accompanying exhibits. 099998\000 l 43\3 I I 3039 2. The members of the Media Consortium are moving to terminate impoundment in order to further the effons of their journalists to report on the above-captioned litigation. Each of the members of the Media Consortium has published one or more news articles concerning this litigation, and wishes to publish newsworthy information concerning the information contained in the Commonwealth's First Amended Complaint and the exhibits thereto.
    [Show full text]
  • Open PDF File, 760.96 KB, for July 16, 2019 Director
    COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT ) COMMONWEALTH OF MASSACHUSETTS, ) ) Plaintiff, ) v. ) ) PURDUE PHARMA L.P., PURDUE PHARMA ) INC., RICHARD SACKLER, THERESA ) SACKLER, KATHE SACKLER, JONATHAN CIVIL ACTION NO. 1884-CV-01808(B) ) SACKLER, MORTIMER D.A. SACKLER, ) BEVERLY SACKLER, DAVID SACKLER, ILENE ) SACKLER LEFCOURT, PETER BOER, PAULO ) COSTA, CECIL PICKETT, RALPH SNYDERMAN, ) JUDITH LEWENT, CRAIG LANDAU, JOHN ) STEWART, MARK TIMNEY, and RUSSELL J. ) GASDIA, ) ) Defendants. ) MEMORANDUM OF LAW IN SUPPORT OF THE INDIVIDUAL DIRECTORS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Robert J. Cordy (BBO # 099720) Matthew Knowles (BBO # 678935) Annabel Rodriguez (BBO # 696001) McDERMOTT WILL & EMERY LLP 28 State Street Boston, Massachusetts 02109 Tel.: (617) 535-4000 Fax: (617) 535-3800 [email protected] [email protected] [email protected] TABLE OF CONTENTS TABLE OF AUTHORITIES ......................................................................................................... iii PRELIMINARY STATEMENT .................................................................................................... 1 STATEMENT OF FACTS ............................................................................................................. 5 I. The FAC Largely Relies on Stale Allegations Which Precede the Relevant Period and Predate the Limitations Period ..................................................................................... 5 II. No Individual Director Engaged in Misconduct or Ordered Anyone Else to Violate
    [Show full text]
  • Complaint 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
    1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF MULTNOMAH 6 STATE OF OREGON, ex rel. ELLEN F. ROSENBLUM, Attorney General for the No. 19CV22185 7 State of Oregon, COMPLAINT 8 Plaintiff, Declaratory relief; Intentional fraudulent conveyance; 9 vs. Constructive fraudulent conveyance 10 RICHARD S. SACKLER, an individual; JONATHAN D. SACKLER, an individual; Not Subject to Mandatory 11 MORTIMER D.A. SACKLER, an individual; Arbitration KATHE A. SACKLER, an individual; ILENE 12 SACKLER LEFCOURT, an individual; Filing fee not collectible pursuant DAVID A. SACKLER, an individual; to ORS 21.259 13 BEVERLY SACKLER, an individual; THERESA SACKLER, an individual; DEMAND FOR JURY TRIAL 14 PURDUE PHARMA L.P., a Delaware limited partnership; and PURDUE PHARMA INC., a 15 New York corporation, 16 Defendants. 17 Plaintiff, for its complaint against defendants, alleges as follows: 18 INTRODUCTION 19 1. 20 Defendants Richard S. Sackler, Jonathan D. Sackler, Mortimer D.A. Sackler, Kathe 21 A. Sackler, Ilene Sackler Lefcourt, David A. Sackler, Beverly Sackler, and Theresa Sackler 22 (the “Sacklers”) stand atop the “Sackler Pharmaceutical Enterprise,” a worldwide network of 23 pharmaceutical businesses, holding companies, and tax shelters, wholly owned by the 24 Sacklers and their families. The Sackler Pharmaceutical Enterprise is dedicated to 25 manufacturing, marketing, and promoting deadly opioid narcotics and hiding the profits. The 26 Page 1 - COMPLAINT MARKOWITZ HERBOLD PC SUITE 3000 PACWEST CENTER 1211 SW FIFTH AVENUE PORTLAND, OREGON 97204-3730 (503) 295-3085 Fax: (503) 323-9105 1 Sacklers exert complete and total control over all the entities in the Sackler Pharmaceutical 2 Enterprise.
    [Show full text]
  • Download Sackler Settlement Agreement
    SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is entered into among the United States of America, acting through the United States Department of Justice and on behalf of the Office of Inspector General (OIG-HHS) of the Department of Health and Human Services (HHS); the Defense Health Agency (DHA), acting on behalf of the TRICARE program; the Office of Personnel Management (OPM), which administers the Federal Employees Health Benefits Program (FEHBP); and the Indian Health Service (IHS) (collectively, the “United States”), and Dr. Richard Sackler, David Sackler, Mortimer D.A. Sackler, Kathe Sackler, and the Estate of Jonathan Sackler (collectively, the “Named Sacklers” and, with the United States, “the Parties”), through their authorized representatives.1 RECITALS A. The Named Sacklers are beneficiaries of trusts that indirectly own Purdue Pharma, L.P. (“Purdue”). B. Purdue is a Delaware Limited Partnership that is headquartered in Stamford, Connecticut. C. At all relevant times, Purdue, directly or through its subsidiaries, manufactured, marketed, and sold pharmaceutical products in the United States, including OxyContin. OxyContin is a branded, extended-release oxycodone tablet. Oxycodone is an opioid agonist 1.5 times more powerful than morphine with a high potential for addiction, abuse, and misuse. OxyContin is approved by HHS’s Food and Drug Administration (FDA) for the management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which 1 To the extent the term ‘Named Sacklers’ appears in Recital A, Recital E, and the second sentence of Recital F, in those instances the term includes Jonathan Sackler, rather than the Estate of Jonathan Sackler.
    [Show full text]
  • Walsh University the Ethics of Accepting Designated Financial
    Walsh University The Ethics of Accepting Designated Financial Gifts to Museums: Considering Donations that Maintain Public Confidence A Thesis by Katherine May Department of Museum Studies Submitted in partial fulfillment of the requirements for a Bachelor of Arts Degree with University Honors April 2020 Accepted by the Honors Program 4/6/2020 Advisor Date 4/7/2020 Reader Date 4/6/2020 Katherine Brown, Ph.D., Honors Director Date 1 Introduction According to the American Alliance of Museums (AAM), the national professional museum association in the United States, “Museum governance in its various forms is a public trust responsible for the institution’s service to society.”1 Of its various obligations, a board of trustees’ most significant role is to oversee an institution’s fiduciary responsibilities and to set policy. Trustees are accountable for implementing the mission and ensuring that the institution adheres to ethical standards. However, public confidence is not easily earned because a concrete benchmark of success for a board of trustees is nonexistent. Instead, a board’s effectiveness is determined by the public’s point of view and opinions. Museum leadership must therefore go above and beyond legal requirements in order to maintain the public’s trust. Nevertheless, meeting the public’s expectations is less complicated in theory than in practice. In order for public confidence to be maintained, it is imperative for trustees to keep abreast of public opinion, a notion that continuously varies. This responsibility is in addition to the task of ensuring that the necessary funds are procured for the institution. With growing dependence on individual private donors, it is not uncommon for the benefactor to gain partial authority over the gift’s use.
    [Show full text]