Ex-Pharmakon Compliance Director Pleads Guilty to Drug Adulteration

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A former compliance director at Indiana compounding pharmacy Pharmakon Pharmaceuticals has pleaded guilty to introducing adulterated drugs into interstate commerce and conspiracy to defraud the U.S. by obstructing FDA functions. Caprice Bearden (Carmel, IN) pleaded guilty in southern Indiana federal court to one count of conspiracy, three misdemeanor counts related to introducing an adulterated drug, and six misdemeanor counts of adulterating drugs (out-of-specification), according to the Justice Department. Sentencing will be set at an unspecified date.

 

As part of the plea agreement, Bearden acknowledged that she lied, when questioned during 2014 and 2016 FDA inspections, about never recording any out-of-specification drug potency test results. She also attested that she knowingly conspired with another individual to obstruct the agency’s lawful functions.

 

The government says the conspiracy charge carries a maximum sentence of five years in prison and a fine of $250,000 or twice the gross gain or gross loss from the offense.  The distributing an adulterated drug misdemeanor charges each carry a maximum punishment of one year in prison and a fine of $100,000 or twice the gross gain or gross loss from the offense.

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