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Attorney General Reyes Statement on U.S. Supreme Court Robocalls Ruling

FOR IMMEDIATE RELEASE
July 6, 2020

ATTORNEY GENERAL REYES STATEMENT ON U.S. SUPREME COURT
ROBOCALLS RULING

SALT LAKE CITY — Today, the United States Supreme Court upheld the federal robocall ban with its decision in Barr v. AAPC. Earlier this year, Attorney General Sean D. Reyes signed onto an amicus brief in support of the ban as part of a 33-state coalition of attorneys general.
 
Attorney General Reyes’ statement is below:
 

“I’m glad the U.S. Supreme Court has reaffirmed the government’s authority to ban these robocalls, but this is just one piece of the bigger picture,” said Utah Attorney General Sean D. Reyes. “Our real concern will be to empower my state and federal partners to even more aggressively protect Utahns and Americans from crimes like financial fraud and identity theft.” 

“There are robocalls that are acceptable for things like school reminders and acceptable business contacts,” Reyes continued.  “We need to continue to fight the millions of unchecked robocalls annually that unscrupulous businesses and predators use to exploit unsuspecting consumers across America. Many of these calls originate overseas.”

Attorney General Reyes has worked diligently to ensure telephone carriers can aggressively block illegal robocalls before they reach consumers through ongoing collaborations with the Federal Communication Commission (FCC), the Telecom industry and a coalition of state attorneys general.  Reyes urged the passage of the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, which enables the industry to develop call authentication protocols to combat caller- ID spoofing and implement other sweeping anti-robocall measures and demanded the FCC take expedient action in the Truth in Caller ID Act rulemaking process against illegal spoofing. Reyes was also instrumental in developing the Anti-Robocall Principles for telecoms to reduce the number of unwanted and illegal robocalls reaching the American people, which were adopted by 51 attorneys general and 12 major telecom providers in August 2019. 

Reyes added: “I have worked for years on this issue to ensure a balance of enforcement against bad actors on one hand and not getting in the way of legitimate business or public service contacts on the other.  Tens if not hundreds of millions of dollars are lost yearly to these types of scams and identity frauds. I am very pleased that the High Court today reaffirmed the government’s authority to ban illegal robocalls.”

“I am proud to work with a bipartisan group of state attorneys general to protect our citizens from illegal robocalls. I will continue to do everything in my power to fight this threat in Utah and America,” said Attorney General Reyes.

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Attorney General Reyes Urges Senate to Pass Law to Fight Shell Companies

FOR IMMEDIATE RELEASE
June 30, 2020

Attorney General Reyes Urges U.S. Senate to Pass Law to Fight Shell Companies

SALT LAKE CITY – Utah Attorney General Sean D. Reyes today signed and supported a bipartisan letter urging the U.S. Senate to pass S. 2563, the Improving Laundering Laws and Increasing Comprehensive Information Tracking of Criminal Activity in Shell Holdings (ILLICIT CASH) Act. 

The letter was also signed by 42 attorneys general and was sent to Sen. Mike Crapo, Chairman, and Sen. Sherrod Brown, Ranking Member, of the Senate Committee on Banking, Housing and Urban Affairs.

The ILLICIT CASH Act updates the federal framework for fighting money laundering and terrorism financing, which has not been comprehensively reassessed since its inception in the 1970s. It creates new tools for information sharing between financial institutions and law enforcement. Along with that, the Act requires a covered entity to report its “beneficial owners,” the actual people who benefit from or control the entity.

“The ILLICIT CASH Act, would increase transparency in the American financial system, and I urge Congress to pass it as soon as possible,” said Attorney General Reyes. “This increased transparency would make it tougher for criminals to use shell companies to launder money from crimes like drug trafficking, terrorism and tax evasion and give law enforcement the resources they so desperately need.”

The letter recognizes that many states do not have the ability to track information on the actual people who control or benefit from corporations and other entities doing business there. Without that information, states cannot know if an entity is a shell for concealing the illicit proceeds of criminals like drug traffickers, terrorist financiers, tax evaders and corrupt government officials.

Under the ILLICIT CASH Act, certain business entities will have to disclose a “beneficial owner” to the federal government. A beneficial owner is a “natural person” who controls an entity, owns at least 25% of it, or receives economic benefits from it. The Financial Crimes Enforcement Network of the U.S. Department of Treasury (FinCEN) will then keep all the disclosed beneficial ownership information in a federal registry. The Act requires FinCEN to release beneficial ownership information to law enforcement agencies, including at the local and state levels.

Arkansas Attorney General Leslie Rutledge led the letter with Oregon Attorney General Ellen Rosenblum, which was signed by attorneys general in: Alabama, Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, N. Mariana Islands, Ohio, Oklahoma,  Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Virginia, Washington, West Virginia and Wisconsin.


Paul Petersen Pleads Guilty in Marshallese Adoption Fraud Case

FOR IMMEDIATE RELEASE: 
June 19, 2020


 

PAUL PETERSEN PLEADS GUILTY IN MARSHALLESE ADOPTION FRAUD CASE
Petersen Also Convicted in Arizona and Arkansas of Various Felonies
 

SALT LAKE CITY, UTAH –   Today, former Maricopa County Arizona Assessor Paul Petersen pleaded guilty in Utah’s Third District Court to three counts of Human Smuggling and one count of Communications Fraud in an illegal adoption scheme case that extended to three states and the Marshall Islands. 

Listen to the press conference with more details on this case and plea deal here:

Watch the press conference below.
 
The Utah Attorney General’s Office led the investigation into a business Petersen owned that involved recruiting, transporting, and paying Marshallese women to place their babies for adoption in the U.S.  The scheme extended to the states of Arkansas, which has a large Marshallese population and Arizona, where Petersen lives.
 
“Today, Utah is safer. The rest of America and our friends in the Marshall Islands are safer. Today, justice begins to be served as Mr. Petersen will be held accountable for his crimes while his many victims are given some closure in the aftermath of this tragedy,” said Utah Attorney General Sean D. Reyes. “We’ve sent a clear message. Whether you are committing fraud, human smuggling, trafficking or any related crimes, we will aggressively protect Utahns and come after you.”

Attorney General Reyes is asking for the maximum sentence to each of these charges which includes up to 15 years in prison, a $50,000 fine, forfeiting his law license and future ability to practice or facilitate adoptions in Utah.  Petersen will also face separate penalties in Arizona and Arkansas. He pleaded guilty Thursday to Medicaid Fraud-related crimes in Arizona and will serve between three and twelve years in prison. He is expected to plead guilty to Harboring Aliens for Financial Gain (a federal crime) in Arkansas and serve up to ten years in federal prison.  He will serve the federal sentence first and the sentences will run concurrently.
 
“Convicting Paul Petersen of four serious felony charges is a just and encouraging resolution of the state’s criminal case,” said Dan Strong, Assistant Attorney General and SECURE Section Director. “Between the sentences in all three states, we are confident Petersen will serve a substantial prison term—a stronger result than any jurisdiction could likely have achieved individually. We are especially proud to have achieved this outcome without putting the victims in this case through a difficult trial that would have involved wrenching testimony on sensitive family issues. We hope this conviction and sentence gives these victims some closure, and that it will deter Petersen and others like him from flouting international law, exploiting vulnerable mothers, and defrauding parents seeking to adopt.”
 
An international compact between the United States and the Marshall Islands prohibits Marshallese citizens from traveling to the United States for purposes of adoption. During his guilty plea, Petersen admitted that he knowingly transported Marshallese women into the United States, knowing they were not United States citizens, and did so to facilitate adoptions. Petersen also admitted he did not inform the American couples seeking to adopt these children about the international restrictions on Marshallese adoptions, and that he omitted this information to obtain the adoption payments.
 
These kinds of cases are complex, troubling and the crimes have a significant impact on the victims,” said Professor of Law Paul Cassell at the S.J. Quinney School of Law at the University of Utah and a former U.S. District Court Judge. “I have personally been involved in negotiating resolutions in these situations through the legal system and believe that this is a just resolution and will deter future violations of law and will provide a just punishment.”

Attorney General Reyes expressed gratitude to all those who dedicated time and effort in this case: “I’m extremely proud of the tireless work our Attorney General investigators, prosecutors, victim advocates and community partners have done on this case. Utah led out on the investigation which lasted well over a year and our prosecutors’ close working relationship with Arizona and Arkansas, will lead to a collective result that no state alone would likely have been able to obtain.  I thank our state and federal partners and the Republic of the Marshall Islands for their cooperation and support on this complex case.”

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Watch the press conference below:


Celebrating Juneteenth

June 19, 2020

Happy Juneteenth! This holiday celebrates the end of legalized slavery in our nation. Much political and public turmoil followed President Lincoln’s death. Despite serious threats to rights of former slaves, the Fourteenth Amendment and Civil Rights Acts were passed in the midst of that upheaval to enshrine equal protection for all Americans. 

Just as the original period of Reconstruction held out both uncertainty and hope, we must today unite and combine actions with the hope that our current struggles as a nation with bias and discrimination will result in meaningful and lasting change. 

Juneteenth 2020 takes on even greater significance than in years past because of America’s awakening to the injustice of George Floyd’s death. We are now in a time of extraordinary opportunity for change. Utah has already responded with statewide legislation to improve policing and more reform is coming. 

Utah Attorney General Sean D. Reyes appreciates those who are peacefully but assertively making their voices heard. In a personal message, Attorney General Reyes said:

“We need all our communities represented in addressing this issue. I would love to hear people’s ideas and learn from personal stories, especially from our Black Communities and other communities of color.  I am sure we’ve had some similar experiences. Throughout my life I have also felt fearful, unheard, misunderstood, or even hated simply because of the color of my skin. 

“My position and title don’t immunize me from fear or hate. Only weeks ago, I received threats and painfully ugly messages aimed at me and my “mongrel children”, solely because of my race, from someone who intended to intimidate, humiliate, terrorize and de-humanize. Sadly, this is more common of an occurrence than we’d like to admit for people of color in our state and nation. 

“We cannot dehumanize our communities of color and stay true to what the 14th Amendment stands for, equality for all lives under the law.  I would like to hear as many voices as possible speak to police reform and larger issues of discrimination and what we can do about it together. 

“I love our law enforcement community and that’s one reason I’m so committed to helping us in law enforcement do our jobs even better and more humanely. I love our communities of color in Utah. That’s another reason I want to do everything we can with state and local leaders to make sure no one lives in fear of becoming the next Breonna Taylor and no one becomes the next George Floyd. 

“This week brought some good news:  Rep. Sandra Hollins’ bill (banning knee on the neck restraints and chokeholds) passed overwhelmingly. It is just one step, but a very important one.  In the spirit of Juneteenth, my office and I will keep working with Sandra and other great legislators on further critical reform bills for the next session.”

Read Rep. Sandra Hollins’ bill banning the use of chokeholds by law enforcement here.

Join in celebrating Juneteenth with activities and observances throughout Utah this weekend.


Beaver, Utah Man Sentenced to Jail in Child Pornography Case

June 17, 2020

A Beaver, Utah man was sentenced to jail yesterday after pleading guilty to four counts of Attempted Sexual Exploitation of a Minor.

Nathaniel Tyler Adams, 24, was sentenced to serve 364 days in the Beaver County Jail and will be placed on probation for 48 months upon his release, where he must abide by all the related conditions. Additionally, he must register as a sex offender and complete a sex offender treatment program.

Adams was first arrested in January 2020 following an investigation by the Utah Attorney General’s Internet Crimes Against Children (ICAC) Task Force. Investigators received a CyberTip reporting chat logs that appeared to be discussing arrangement for the sexual molestation of a user’s daughter and a CyberTip reporting child pornography uploaded to Instagram. Investigators were able to trace the account of the chat and the Instagram account back to Adams.

In an interview with investigators, Adams admitted to being the owner of the chat and Instagram account, as well as possessing and uploading child pornography.

Initially, Adams was charged with 10 counts of Sexual Exploitation of a Minor, however, six of those charges were dropped and the remaining four counts were reduced to third-degree felony charges of Attempted Sexual Exploitation of a Minor as part of a plea agreement.

In an interview with Cedar City News, Assistant Attorney General Ryan Holtan explained the reasoning behind the plea agreement.

“The tricky thing with child pornography is, there’s sometimes thousands and thousands of counts,” Holtan said. “Regardless of how many counts of child pornography you charge somebody with, if they’re convicted of two, five, 10 or 20, the courts actually don’t treat those much differently.”

According to Holtan, the current plea dead carries a greater sentence than if he had been convicted of all counts he was originally charged.

“What we did is, when we pled him to the four charges, we ran those consecutive,” he said. “If he screws up, he’ll go to prison for up to 20 years. Whereas, an initial charge of child pornography only carries the potential of up to 15 (years).”

The Utah Attorney General’s Office wishes to thank the Beaver County law enforcement officers who assisted with this case.


Attorney General Reyes Urges Google and Apple to Ensure Contact Tracing Apps Protect Consumer Privacy

FOR IMMEDIATE RELEASE
June 17, 2020

“I WILL CONTINUE TO AGGRESSIVELY ADVOCATE FOR THE PRIVACY AND PROTECTION OF UTAHN’S PERSONAL DATA.” —ATTORNEY GENERAL REYES
Attorney General Reyes Joins Bipartisan Coalition to Demand Apple and Google Ensure Consumer Privacy

SALT LAKE CITY – As the COVID-19 pandemic continues, Utah Attorney General Sean D. Reyes is demanding Google and Apple ensure all contact tracing and exposure notification apps related to COVID-19 adequately protect consumers’ personal information.
 
Specifically, Attorney General Reyes and a bi-partisan coalition of 39 state attorneys general are urging Google and Apple to guarantee that such apps, when available to consumers, are affiliated with a public health authority and removed from Google Play and the App Store once no longer needed by public health authorities.
 
Today, in a letter sent to the Chief Executive Officers of Apple and Google, the attorneys general acknowledge that while digital contact tracing and exposure notification tools are valuable in understanding the spread of COVID-19 and assisting public health authorities, these same technologies pose a risk to consumers’ privacy.
 
“We understand the value of using technology to limit exposure to COVID-19, but the personal information of Utahns must be safeguarded in the process. I believe we can find that balance. But, until we do, I will continue to aggressively advocate for the privacy and protection of Utahn’s personal data,” said Attorney General Reyes.
 
The coalition expressed concern regarding contact tracing and exposure notification apps available to consumers in Google Play and the App Store, particularly the “free” apps that utilize GPS tracking, offer in-app purchases, and are not affiliated with any public health authority or legitimate research institution.
   
To protect consumers without interfering with public health efforts to monitor and address the spread of COVID-19, the letters ask Google and Apple to:

  1. Verify that every app labeled or marketed as related to contact tracing, COVID-19 contact tracing, or coronavirus contact tracing or exposure notification is affiliated with a municipal, county, state or federal public health authority, or a hospital or university in the U.S. that is working with such public health authorities;
  2. Remove any app that cannot be verified as affiliated with one of the entities identified above; and
  3. Pledge to remove all COVID-19 / coronavirus related exposure notification and contact tracing apps, including those that utilize the new exposure notification application program interfaces (APIs) developed by Google and Apple, from Google Play and the App Store once the COVID-19 national emergency ends. In addition, the attorneys general asked Google and Apple to provide written confirmation to their offices once the apps have been removed or an explanation why removal of a particular app or apps would impair the public health authorities affiliated with each app.


As of today, Utah has 15,344 confirmed cases of COVID-19, 8,552 patients have recovered and there have been 149 deaths.
 
Read a copy of the letter to Google and Apple here.
 
The attorneys general in Nebraska and Oregon sponsored the letter and are joined by attorneys general in Alaska, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, and West Virginia.
 

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Internet Safety Awareness Month

June 17, 2020

The past couple months, the Utah Attorney General’s Office has placed an emphasis on remaining safe online as telecommuting became the new normal and children began accessing the internet more for online classes and for entertainment while we practiced social distancing protocols. Even as the state begins to open up and restrictions loosen, it is imperative to remain diligent with staying safe online, whether it is with gaming platforms, online shopping, online meetings, or accessing the internet through a phone. June is Internet Awareness Month and with children out of classes and workspaces moved to online settings, it is more important than ever to familiarize yourself and your loved ones with safe internet practices.

Brush up on important online safety tips with the resources below:

  • Keep your children safe online by following these tips. While accessing the internet to stay connected with friends and family is convenient, internet-accessible devices also create pathways for predators to reach your children. Read the tips in the link above to help teach your children online safety practices and stay up to date on things you should look out for while your family uses the internet.
  •  Use the tips outlined here to stay safe while telecommuting and using online meeting software. This software is convenient for holding meetings, classes, or connecting with friends and family. However, it is imperative that you stay aware and use online security tips and software to help prevent your video call from being hijacked.
  • The Utah Attorney General’s Office is proud to partner with organizations and community partners that provide up to date resources on online safety. We are proud to partner with Digital Respons-Ability, an organization that provides training for you and your children and online safety resources to help keep your family safe.
  • The Utah Department of Commerce recently launched the Utah Fraud Squad in an effort to help you avoid COVID-19 and stimulus scams. Check out their website for the latest in these scams: https://fraudsquad.utah.gov/index.html.

Elder Abuse Awareness Day

June 15, 2020

Today we bring awareness to elder abuse in our communities and reaffirm our commitment to protecting our senior citizens and bring perpetrators to justice.

According to the World Health Organization (WHO), around 1 in 6 people 60 years and older experienced some form of abuse in community settings during 2018. In institutions such as nursing homes and long-term care facilities, rates of elder abuse are high, with 2 in 3 staff reporting they have committed abuse in the past year.

Elder abuse is a criminal offense and can include physical, emotional or sexual harm; financial exploitation, or neglect of a person’s welfare by those who are directly responsible for their care. The abuse can lead to serious physical injuries and long-term psychological consequences. Elder abuse is a violation of human rights and violates their trust in relationships where it is expected and required.

Our staff works tirelessly with community partners and local law enforcement to stop elder abuse, ensure the safety and well-being of our senior citizens, and bring perpetrators to justice.

The Utah Nursing Assistant Registry (UNAR), which oversees the Certified Nursing Assistant (CNA) training and certification, monitors abuse cases in Utah, blacklists those convicted of abuse, and regularly updates an abuse registry which is available to the public.

If you believe that someone you love is experiencing abuse at the hands of their provider, please contact Adult Protective Services (APS) at 1-800-371-7897, or call 911 if there is an emergency. You can also submit a report online 24/7 with the Utah Department of Human Services Aging and Adult Services here.


Attorney General Reyes Joins Third Price-Fixing Investigation Into Generic Drug Industry

FOR IMMEDIATE RELEASE:
June 10, 2020

NEW ANTITRUST PRICE-FIXING INVESTIGATION FOR GENERIC DRUG INDUSTRY
AG REYES JOINS COALITION FILING 3RD COMPLAINT

Ongoing Investigation Built on Evidence from Multiple Cooperating Witnesses, 20 Million+ Documents, Phone Record Database Containing Millions of Call Detail Records for Over 600 Sales and Pricing Individuals

SALT LAKE CITY – Utah Attorney General Sean D. Reyes has joined a third antitrust investigation lawsuit into price-fixing by generic drug manufacturers. The complaint says 26 companies conspired to artificially inflate and manipulate prices for at least 80 generic topical dermatological drugs, reduce competition, and unreasonably restrain trade for generic drugs sold across the United States.

The topical drugs at the center of the Complaint include creams, gels, lotions, ointments, shampoos, and solutions used to treat a variety of skin conditions, pain, and allergies.

This new lawsuit names 26 corporate Defendants and 10 individual Defendants (listed below) and seeks damages, civil penalties, and actions by the court to restore competition to the generic drug market.  It was filed in the U.S. District Court for the District of Connecticut.

“Generic drugs account for the majority of prescriptions filled in Utah and nationwide. So it is of paramount importance that these drugs remain affordable as Congress intended when the Hatch-Waxman Act was passed over thirty years ago,” said Attorney General Reyes. “Our investigation shows these companies are working together – instead of competing against each other – in order to fix higher than market value prices. We still need to prove our case in court. But if we are right, it’s illegal behavior that is hurting Utahns and these companies must be held accountable.”

The Complaint stems from an ongoing investigation built on evidence from several cooperating witnesses at the core of the conspiracy, a massive document database of over 20 million documents, and a phone records database containing millions of call detail records and contact information for over 600 sales and pricing individuals in the generics industry. Among the records obtained by the States is a two-volume notebook containing the contemporaneous notes of one of the States’ cooperators that memorialized his discussions during phone calls with competitors and internal company meetings over a period of several years.

Details:

Between 2007 and 2014, three generic drug manufacturers, Taro, Perrigo, and Fougera (now Sandoz) sold nearly two-thirds of all generic topical products dispensed in the United States. The multistate investigation has uncovered comprehensive, direct evidence of unlawful agreements to minimize competition and raise prices on dozens of topical products. The Complaint alleges longstanding agreements among manufacturers to ensure a “fair share” of the market for each competitor and to prevent “price erosion” due to competition.

The Complaint is the third to be filed in an ongoing, expanding investigation that the Connecticut Office of the Attorney General has referred to as possibly the largest domestic corporate cartel case in the history of the United States. The first Complaint, still pending in the U.S. District Court in the Eastern District of Pennsylvania, was filed in 2016 and now includes 18 corporate Defendants, two individual Defendants, and 15 generic drugs. Two former executives from Heritage Pharmaceuticals, Jeffery Glazer and Jason Malek, have entered into settlement agreements and are cooperating with the Attorneys General working group in that case. The second Complaint, also pending in the U.S. District Court in the Eastern District of Pennsylvania, was filed in 2019 against Teva Pharmaceuticals and 19 of the nation’s largest generic drug manufacturers. The Complaint names 16 individual senior executive Defendants. The States are currently preparing for trial on that Complaint.

Corporate Defendants:

  1. Sandoz, Inc.
  2. Actavis Holdco U.S., Inc.
  3. Actavis Elizabeth LLC
  4. Actavis Pharma, Inc.
  5. Amneal Pharmaceuticals, Inc.
  6. Amneal Pharmaceuticals, LLC
  7. Aurobindo Pharma USA, Inc.
  8. Bausch Health Americas, Inc.
  9. Bausch Health, US LLC
  10. Fougera Pharmaceuticals, Inc.
  11. G&W Laboratories, Inc.
  12. Glenmark Pharmaceuticals Inc., USA
  13. Greenstone LLC
  14. Lannett Company, Inc.
  15. Lupin Pharmaceuticals, Inc.
  16. Mallinckrodt Inc.
  17. Mallinckrodt plc
  18. Mallinckrodt LLC
  19. Mylan Inc.
  20. Mylan Pharmaceuticals Inc.
  21. Perrigo New York, Inc.
  22. Pfizer, Inc.
  23. Sun Pharmaceutical Industries, Inc.
  24. Taro Pharmaceuticals USA, Inc.
  25. Teligent, Inc.
  26. Wockhardt USA, LLC

Individual Defendants:

  1. Ara Aprahamian, the Vice President of Sales and Marketing at Defendant Taro Pharmaceuticals U.S.A, Inc.
  2. Mitchell Blashinsky, the Vice President of Marketing for Generics at Defendant Taro Pharmaceuticals USA, Inc. from January 2007 through May 2012, and Vice President of Sales and Marketing at Defendant Glenmark Pharmaceuticals Inc., USA from June 2012 through March 2014.
  3. Douglas Boothe, the Chief Executive Officer of Defendant Actavis from August 2008 through December 2012 and the Executive Vice President and General Manager of Defendant Perrigo New York, Inc. from January 2013 through July 2016.
  4. James Grauso, the former Vice President of Sales and Marketing at Defendant G&W Laboratories from January 2010 through December 2011; the Senior Vice President, Commercial Operations for Defendant Aurobindo from December 2011 through January 2014; and the Executive Vice President, N.A. Commercial Operations at Defendant Glenmark from February 2014 to the present.
  5. Walt Kaczmarek, the Senior Director, National Accounts, Vice President, National Accounts and Senior Vice President, Commercial Operations from November 2004 through November 2012 for Fougera Pharmaceuticals, a division of Nycomed US, Inc. (currently part of Defendant Sandoz, Inc.), and Vice President – General Manager, and President, Multi-Source Pharmaceuticals from November 2013 through August 2016 for Defendant Mallinckrodt.
  6.  Armando Kellum, the former Vice President, Contracting and Business Analytics at Sandoz.
  7.  Kurt Orlofski, the President and Chief Executive Officer from April 2007 through August 2009 for Defendant Wockhardt USA, and President of Defendant G&W Labs, Inc. from September 2009 through December 2016. 
  8.  Mike Perfetto, the Vice President of Sales and Marketing for Defendant Actavis from August 2003 through January 2013, and the Chief Commercial Officer for Defendant Taro from January 2013 through his recent retirement from the company.
  9.  Erika Vogel-Baylor, the former Vice President for Sales and Marketing for Defendant G&W Labs, Inc. since July 2011.
  10.  John Wesolowski, the Senior Vice President of Commercial Operations for Defendant Perrigo since February 2004.

Drugs listed in the complaint as subject to price-fixing and market allocation agreements:

  1. Acetazolamide Tablets
  2. Adapalene Cream
  3. Alclometasone Dipropionate Cream
  4. Alclometasone Dipropionate Ointment
  5. Ammonium Lactate Cream
  6. Ammonium Lactate Lotion
  7. Betamethasone Dipropionate Cream
  8. Betamethasone Dipropionate Lotion
  9. Betamethasone Valerate Cream
  10. Betamethasone Valerate Lotion
  11. Betamethasone Valerate Ointment
  12. Bromocriptine Mesylate Tablets
  13. Calcipotriene Solution
  14. Calcipotriene Betamethasone Dipropionate Ointment
  15. Carbamazepine ER Tablets
  16. Cefpodoxime Proxetil Oral Suspension
  17. Cefpodoxime Proxetil Tablets
  18. Ciclopirox Cream
  19. Ciclopirox Shampoo
  20. Ciclopirox Solution
  21. Clindamycin Phosphate Cream
  22. Clindamycin Phosphate Gel
  23. Clindamycin Phosphate Lotion
  24. Clindamycin Phosphate Solution
  25. Clobetasol Propionate Cream
  26. Clobetasol Propionate Emollient Cream
  27. Clobetasol Propionate Gel
  28. Clobetasol Propionate Ointment
  29. Clobetasol Propionate Solution
  30. Clotrimazole 1% Cream
  31. Clotrimazole Betamethasone Dipropionate Cream
  32. Clotrimazole Betamethasone Dipropionate Lotion
  33. Desonide Cream
  34. Desonide Lotion
  35. Desonide Ointment
  36. Desoximetasone Ointment
  37. Econazole Nitrate Cream
  38. Eplerenone Tablets
  39. Erythromycin Base/Ethyl Alcohol Solution
  40. Ethambutol HCL Tablets
  41. Fluocinolone Acetonide Cream
  42. Fluocinolone Acetonide Ointment
  43. Fluocinonide .1% Cream
  44. Fluocinonide Gel 
  45. Fluocinonide Ointment 
  46. Fluocinonide Solution
  47. Fluticasone Propionate Lotion
  48. Griseofulvin Microsize Tablets
  49. Halobetasol Propionate Cream
  50. Halobetasol Propionate Ointment
  51. Hydrocortisone Acetate Suppositories
  52. Hydrocortisone Valerate Cream
  53. Imiquimod Cream
  54. Ketoconazole Cream
  55. Latanoprost Drops
  56. Lidocaine Ointment
  57. Methazolamide Tablets
  58. Methylphenidate HCL Tablets
  59. Methylphenidate HCL ER Tablets
  60. Metronidazole Cream
  61. Metronidazole .75% Gel
  62. Metronidazole .1% Gel
  63. Metronidazole Lotion
  64. Mometasone Furoate Cream
  65. Mometasone Furoate Ointment
  66. Mometasone Furoate Solution
  67. Nafcillin Sodium Injectable Vials
  68. Nystatin Ointment
  69. Nystatin Triamcinolone Cream
  70. Nystatin Triamcinolone Ointment
  71. Oxacillin Sodium Injectable Vials
  72. Phenytoin Sodium ER Capsules
  73. Pioglitazone HCL Metformin HCL Tablets
  74. Prochlorperazine Maleate Suppositories
  75. Promethazine HCL Suppositories
  76. Tacrolimus Ointment
  77. Terconazole Cream
  78. Triamcinolone Acetonide Cream
  79. Triamcinolone Acetonide Ointment
  80. Triamcinolone Acetonide Paste


Attorney General Reyes joined the attorneys general of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Territory of Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, U.S. Virgin Islands, Vermont, Virginia, Washington, West Virginia and Wisconsin in filing the complaint.

Read a copy of the complaint here.

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