2nd Circuit Nixes Pharma Exec’s Fraud Conviction

2nd Circuit Nixes Pharma Exec’s Fraud Conviction

The U.S. Court of Appeals for the Second Circuit vacated the conviction of former pharmaceutical executive William Scully for knowingly and willfully importing and selling foreign versions of prescription drugs and medical devices not approved by the FDA for use in the United States. The court of appeals concluded that the trial judge erroneously disallowed Scully’s testimony regarding legal advice from one of his lawyers, noting that the advice was not hearsay because it was not offered to prove the truth of the matter asserted, but rather as evidence of Scully’s state of mind in connection with his advice-of-counsel defense. [12/15/17]

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