International Financial Law Prof Blog

Editor: William Byrnes
Texas A&M University
School of Law

Friday, August 26, 2016

Government Throws in Towel, Admits FedEx is Not a Drug Dealer

FCPA blog reports that DOJ, during trial dropped its case against FedEX for drug dealing because it lacked the evidence.  The entire prosecution had been a bluff to see if the public company would blink and take a plea.  FedEx called the bluff.   High risk for FedEx and highly irresponsible of government.  Had FedEx lost - the repercussions would have been dramatic with the probable collapse of the company.  But what of the government prosecutors who signed off on this ill-fated venture to bring down FedEx?  Just another day at the office.

Was it a political prosecution?  The case was about the shipment of medicine by cheaper foreign pharmacies not licensed within a state.  The case was not about fake medicine being delivered.  The real medicine, just not price controlled within the US, so cheaper.  Elderly, chronic, and young patients,  uninsured or insurance not covering the medicine in question.  Strange case to prosecute by an administration seeking lower health care and pharma costs unless some group's lobbyists (maybe pharmacists who are big national chains now) encouraged it.  Feel free to respond and inform me what was really going on with this one.

"... prosecutors quickly raised the white flag on the second day of trial, when they conceded that evidence did not exist to sufficiently support the charges. This concession was not the product of a “new” revelation, like a witness gone south, but simply the product of an all too late admission that the evidence to indict the corporation was insufficient from the start." See more at FCPA blog

indictment story on 2014: FedEx corporation criminally indicted for drug trafficking

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"Had FedEx lost - the repercussions would have been dramatic with the probable collapse of the company." However, you earlier stated in 2014 that "If found guilty, the Fed Ex defendants face a maximum sentence of 5 years of probation, and a fine of up to $1.6 billion representing twice the gross gain derived from the offense, alleged in the indictment to be at least $820 million."


Posted by: XYZ | Aug 28, 2016 12:00:23 PM

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