Appeals Court Affirms Medical Device Sentence

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The 11th Circuit Court of Appeals has affirmed the sentence approved by a Florida federal court jury for a former Ethicon employee accused of stealing and reselling prescription medical devices on the grey market. The jury had sentenced Kerri Kaley, who formerly supervised sales representatives for Ethicon, to 36 months in jail and ordered her to pay restitution of $821,420.

The appeals court opinion says Kaley claimed (1) the government violated her due process rights by arguing a theory of prosecution that differed from the theory it presented in a separate trial against an alleged co-conspirator; (2) there was insufficient evidence to support a conviction for witness tampering in her initial trial; (3) the district court erred in Kaley’s second trial when it limited cross-examination of a government witness and allowed the government to use a demonstrative chart in closing arguments; and (4) the district court erred in calculating the restitution amount,

The appeals court affirmed the conviction and sentencing in all respects, rejecting all of Kaley’s arguments.

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