Reid Weingarten, Mr. Facteau's lawyer, immediately informed the Court he would move to set aside the misdemeanor charges on multiple grounds, including the lack of due process associated with the non-intent misdemeanor convictions, and the fact that instructions received by the jury permitted the defendants----- in violation of the First Amendment and recent Court of Appeals decisions---- to be convicted based on truthful, non-misleading statements by sales personnel.
Mr. Facteau said, "I'm gratified the jury rejected the Department of Justice's attempt to tarnish Acclarent's hard won reputation and that of its former employees. We are confident the misdemeanors will also be successfully addressed."
Mr. Weingarten said, "I am grateful that the jury exonerated Mr. Facteau of all charges requiring criminal intent and affirmatively concluded that the case did not involve false or misleading statements. It is difficult to understand how someone in America could be convicted of even misdemeanor crimes without a finding of intentional wrongdoing. We will fight vigorously to overturn these few remaining charges and will not rest until Mr. Facteau is completely vindicated."
Acclarent, recognized as the leader in the development of Balloon Sinuplasty (BSP) products, was acquired by Johnson & Johnson (JNJ) in 2010 for $785 million. The Department of Justice (DOJ) contended that employees at the company conspired to defraud the FDA and JNJ by commercializing a 510k cleared device called Stratus, in a manner in which DOJ unsuccessfully argued exceeded the FDA clearance that Acclarent had obtained. As noted, the jury rejected the conspiracy claims.
Kevin Knight, Media
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/former-acclarent-ceo-bill-facteau-cleared-on-felony-charges-appealing-misdemeanors-associated-with-food-drug--cosmetic-act-fdca-300301886.html
SOURCE Kevin Knight