Federal prosecutors are more willing to use the federal racketeering law against corporations in the wake of their successful prosecution of former Insys Therapeutics Inc. executives, according to a Law360 article.
The U.S. Attorney’s Office in Massachusetts successfully used the Racketeer Influenced and Corrupt Organizations Act (RICO) against Insys founder John Kapoor and other company executives to obtain convictions related to their conspiracy to promote and sell opioid painkillers by bribing doctors and defrauding health insurers.
The Insys convictions and sentencings will likely lead to the broadened use of RICO to charge corporate executives in future white collar crime cases, according to the Law360 article.
Ms. Martin, a partner at the firm, said the U.S. Attorney’s office in Boston in recent years has become increasingly comfortable using the RICO statute in the context of white collar crime.
She questioned the application of RICO to corporations, telling the publication she’s “not sure it is an appropriate fit” to brand an entire corporation a criminal enterprise.
Ms. Martin focuses her practice on the intersection of criminal defense and healthcare law. She was co-chair of the recent White Collar Crime Conference hosted by the Boston Bar Association.