Feds Want GSK VP To Testify In Wellbutrin Case - Law360

By Dietrich Knauth

Law360, New York (April 20, 2011) -- Prosecutors asked a Maryland federal judge Tuesday to force a GlaxoSmithKline PLC vice president to testify in the criminal case against a former GSK attorney accused of lying to health regulators about the marketing of antidepressant Wellbutrin.

Testimony from James Millar, GSK's vice president of strategic pricing, contracting and marketing, may help convict former GSK associate general counsel Lauren Stevens, and Millar may be reluctant to testify for fear of incriminating himself, prosecutors argue. 

Stevens is accused of interfering with a U.S. Food and Drug Administration inquiry of GSK’s Wellbutrin promotion, and 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.

According to the proposed order included with Tuesday's motion, Millar would be granted immunity to any prosecution based on his testimony, except for charges of perjury or making false statements. The protection would allow Millar to provide needed testimony, prosecutors say.

"It is likely that James Millar will refuse to testify or provide other information on the basis of his privilege against self-incrimination," the motion said.

Millar could not immediately be reached for comment Wednesday.

Stevens was reindicted on April 13, after U.S. District Judge Roger W. Titus dismissed the original indictment against her for a prosecutorial error. Judge Titus said that the government misled the grand jury about the advice of counsel defense, casting “grave doubt” on the likelihood that the grand jury received proper guidance on indicting Stevens.

When a grand juror asked about Stevens’ claim that she relied on outside advice in responding to the FDA, prosecutors wrongfully told the juror that advice of counsel had no bearing on the decision to indict, but would be vetted at trial, according to the judge.

He noted that prosecutors did not try to mislead the jury but simply misstated the law.

Prosecutors opened the case against Stevens in November, alleging she lied to the FDA when the agency sought information from GSK about whether it promoted Wellbutrin for unauthorized use in weight loss.

When the FDA began its probe of GSK in 2002, Stevens allegedly signed and sent a series of letters asserting that the company had not promoted Wellbutrin for off-label purposes, even though she knew that the company had sponsored programs making such promotions, according to the indictment.

She also knew that the company had paid numerous doctors to promote the drug to other physicians, including for off-label uses, prosecutors said.

The obstruction charge carries a maximum penalty of 20 years in prison, while each false statement count carries a maximum penalty of five years in prison.

Stevens is represented by Ropes & Gray LLP and Steptoe & Johnson LLP.

The case is USA v. Stevens, case number 8:10-cr-00694, in the U.S. District Court for the District of Maryland.

-- Additional reporting by Sam Howard and Derek Hawkins. Editing by Chris Giganti.

via law360.com

Posted via email from Jack's posterous