SUBSCRIBE

In NECC case, prosecutors seek $13 million from former co-owner

Associated Press Photo/Stephan Savoia

Authorities announced Friday they are seeking $13.2 million from Barry Cadden, the former co-owner of New England Compounding Centers convicted of fraud and racketeering charges.

By Danny McDonald Globe Staff 

Federal prosecutors are seeking $13.2 million from the former co-owner of a Framingham compounding pharmacy blamed for a national meningitis outbreak that killed 76 people and sickened hundreds more.

The US Attorney’s Office in Boston said in a motion filed Friday that sum is equal to the amount of money that the New England Compounding Center (NECC) deposited into Barry J. Cadden’s joint bank account he had with his wife between 2010 and 2012.

Advertisement

Authorities have said NECC sent tainted medicines around the country, causing the deadly fungal meningitis outbreak that also sickened more than 700 across 20 states in 2012. In March, Cadden, the former head pharmacist and co-owner of the center, was convicted of fraud and racketeering charges stemming from that public health crisis.

He was not convicted of second-degree murder charges. In June, Cadden was sentenced to nine years in prison.

Prosecutors are now seeking the $13 million in the form of a personal money judgment. They have until Sept. 26 to request restitution for NECC victims.

Court papers identified assets that Cadden could be ordered to forfeit, including a BMW, a boat, jewelry, and property in Wrentham and North Kingstown, R.I. Authorities have already seized the car and the boat to prevent Cadden from selling or destroying them, but they have not been forfeited to the government as of yet.

In a June filing, prosecutors sought $132 million in assets from Cadden. However, a Supreme Court decision that dealt with forfeiture of assets changed a policy for the US Department of Justice, which prompted prosecutors to change tack.

Advertisement

Both prosecutors and defense attorneys in the case have filed notices of appeal. Prosecutors are looking to appeal his sentence, while the defense team is looking to appeal his conviction.

In June, prosecutors pushed for a 35-year sentence for Cadden.

During victim statements at a June hearing, one survivor asked the judge to give Cadden the maximum sentence “or give him two shots of his own steroid.”

At that hearing, Cadden apologized to the victims.

“The reality haunts me now and will for the rest of my life,” he said.

Asked for a response to prosecutors seeking the judgment, Bruce Singal, an attorney representing Cadden, said in an e-mail Friday night that the defense team has “laid out our position in our filings related to this issue, and would stand on what we have said in those papers.”


Mark Arsenault and John R Ellement of Globe staff contributed to this report Danny McDonald can be reached at daniel.mcdonald@globe.com
Follow him on Twitter @Danny__McDonald.