AEL Negotiates Misdemeanor Resolution of FDA Investigation; Obtains Sentence of Probation

June 27, 2023 - David M. Eskew

AEL attorneys Ken Abell and Heather Suchorsky successfully steered a federal felony investigation regarding potential criminal violations of the Food Drug and Cosmetic Act (FDCA) to a misdemeanor resolution and a probationary sentence with no fine. Over the course of a lengthy twenty-month period, federal prosecutors and law enforcement agencies in the Eastern District of New York (EDNY) were investigating the client Рa Long Island-based import/export wholesale business Рfor two felonies: distribution of misbranded drugs and smuggling goods into the United States. AEL made several presentations to the EDNY and provided exculpatory information relating to the two felony charges, which led prosecutors to accept a non-intent misdemeanor plea under the FDCA from the client. At sentencing last month, the judge imposed a purely probationary sentence and rejected the imposition of any fine.

The client was comforted by the result and stated the following:

Over a challenging 20-month period, dealing with FDA and trade matters, I had the privilege of being represented by Ken and his excellent team. Ken, with his unending availability and insightful advice, made the entire process more manageable. He was consistently approachable, listened to all of my concerns attentively, and guided me towards the most beneficial solutions. Heather, a member of his team, displayed immense knowledge and demonstrated an impressive readiness[.] The satisfaction and relief I feel today would not have been possible without their expertise and commitment. I wholeheartedly recommend their services, especially to those dealing with FDA-related complexities. They bring experience, professionalism, and most importantly, empathy to their work.

This is not the first time AEL has resolved federal felony charges for a non-intent misdemeanor FDCA offense and a probationary sentence. In 2021, AEL previously secured dismissal of a felony healthcare fraud indictment against a doctor-client who pled guilty to a superseding information charging only the non-intent FDCA offense. The doctor also received a probationary sentence.

AEL specializes in federal white-collar criminal defense with a particular expertise in parallel criminal and civil investigations involving individual and institutional healthcare clients ranging from doctors, pharmacists, and other healthcare professionals to large national hospital systems, laboratories, life sciences companies, and healthcare adjacent entities. AEL has an established track record of assisting clients in avoiding and minimizing federal charges and pushing back against federal prosecutors and agencies with AEL’s signature evidence-based, detail-oriented approach.