What Have the Department of Justice And Johnson & Johnson Been Doing Behind Closed Doors For the Last Four Months?
August 11, 2015
Remember April? Me too. Let’s recap what’s happened with the Department of Justice and Johnson & Johnson in the last four months since former Johnson & Johnson Ethicon Acclarent executives William (Bill) Facteau and Patrick (Pat) Fabian got kicked out from under seal and indicted on 18 counts of fraud.
Former Acclarent, Inc. Executives Charged with Securities Fraud and Crimes Related to Sale and Distribution of Medical Devices | USAO-MA | Department of Justice
BOSTON – The former Chief Executive Officer and Vice President of Sales of Acclarent, Inc., a medical device company, were charged in an indictment unsealed today with conspiracy, securities fraud, wire fraud and violations of the Food, Drug and Cosmetic Act.
WHY haven’t the taxpayers heard about Johnson & Johnson’s ($JNJ) civil damages and criminal damages as it relates to the Relieva Stratus Mircroflow Spacer they decided to remove from the market in May 2013? Fact based evidence over time indicates there’s still at least two parts left to this case that haven’t been disclosed to the public and the question we all should be asking (especially media) is WHY and who should we should be asking:
Assistant U.S. Attorneys Sara Miron Bloom and Patrick Callahan of the District of Massachusetts with the assistance of Trial Attorney Ross Goldstein of the Civil Division’s Consumer Protection Branch in Washington, DC and Beth Weinman in the FDA’s Office of General Counsel. The case was investigated by the Federal Bureau of Investigation’s Boston Field Division; the FDA’s Office of Criminal Investigations; U.S. Department of Health and Human Services’ Office of the Inspector General; Department of Defense Office of Criminal Investigation; and the Department of Veterans Affairs’ Office of Inspector General.
Many journalists have understandably and incorrectly speculated or falsely reported when it comes to false claims cases as is the design from the DOJ and the company involved in unethical & illegal behavior. The DOJ, counts on the media getting fixated on whistleblower share and counts on journalists cutting and pasting from a press release opposed to investigating and asking the tough questions before a press release goes out. The lack of transparency from the DOJ and in this case Johnson & Johnson is likely by design:
Assistant U.S. Attorneys Sara Miron Bloom and Patrick Callahan of the District of Massachusetts
Here are the questions we should all be asking:
Has Johnson & Johnson asked for concessions regarding criminal & civil damages? Is that why it’s been four months since the indictment was unsealed and still no word on the company’s charges? The U.S. Government has a strong stand of not negotiating with terrorists but aren’t companies like Johnson & Johnson, who’ve paid back to back billion dollar fines corporate terrorists?
It’s noticeable from the press release from the DOJ office that Johnson & Johnson Ethicon is clearly trying to distance from Acclarent is the DOJ allowing the smaller startup to take all the blame while Johnson & Johnson who continued to sell the Relieva Stratus Microflow Spacer until May 2013 off without taking accountability for their unethical and illegal behavior?
Why is this still an ongoing investigation, is it to unethically & illegally help the other separate Facteau & Fabian criminal case? Is it to unethically & illegally help Johnson & Johnson regarding another lawsuit over the Relieva Stratus Microflow Spacer? When should the taxpayers expect the remaining sealed parts of the case unsealed?
Is the DOJ allowing time between the indictment & the Johnson & Johnson civil & criminal settlements in order to again shift blame without taking accountability? Why are taxpayers not privy to the negotiations behind closed doors? Doesn’t the DOJ represent “the people” yet they have no say in the penalty of pathologically criminal companies?
Outside of Corporate integrity agreements and fines that do not deter what is the DOJ doing to prevent future fraud? Or is that not the goal of the DOJ as they make money “for the people” but never have to disclose where the $6 BILLION recovered in false claims fines is spent? That’s a flawed system, what is the DOJ doing to fix this? What steps are taken for greater transparency for taxpayers and DOJ recovered fines?
U.S. Department of Health and Human Services’ Office of the Inspector General
How many corporate integrity agreements does Johnson & Johnson get to sign before the OIG realizes the company has no integrity? Why weren’t Johnson & Johnson Worldwide President CEO Alex Gorsky, Johnson & Johnson Worldwide Chairman of Global Surgery Gary Pruden and Former Worldwide President of Johnson & Johnson’s Acclarent Bridget Ross held accountable and indicted?
Why do the criminal investigations never go to trial? Shouldn’t the indicted sit in front of a jury of their peers? Does the DOJ settle because they don’t feel strongly about their case? Wouldn’t public trials serve as a future deterrent? Wouldn’t this allow for greater transparency for the taxpayers who foot the bill?
Attorney General Maura Healey, Assistant U.S. Attorneys Sara Miron Bloom and Patrick Callahan of the District of Massachusetts we’d take answers to any or all of these questions, since last we checked you work for us, the people. For those patients, consumers, employees, and shareholders injured by any division of Johnson & Johnson, DePuy Synthes, Ethicon, Gynecare, Janssen, Cordis, Mentor, Acclarent, Baby Powder, Children’s Tylenol these are questions we should all be asking!
Please use #AskTheDOJ on social media.
Note to media: Please include Johnson & Johnson along with the subsidiary name on all stories as to not allow them to distance from pathological unethical and illegal behavior by placing blame and not taking accountability.