Wrongly Convicted Database Record
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Charge: |
Food and Drug violation |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2005 |
Year Convicted: |
2009 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
New York - Federal Case |
County or Region of Crime: |
Kings |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Alfred Caronia was a pharmaceutical sales representative wrongly convicted by a federal court jury in Brooklyn, New York on November 30, 2009 of conspiracy to introduce a misbranded drug into interstate commerce. Specifically, Caronia promoted the drug Xyrem for "off-label use," that is, for a purpose not approved by the U.S. Food and Drug Administration. Caronia was allowed to remain free on bail pending the outcome of his appeal. On December 3, 2012 the U.S. 2nd Circuit Court of Appeals vacated Alfred Caronia's conviction on the ground it violated his right of free speech under the First Amendment." |
Conviction Caused By: |
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Innocence Proved By: |
"Alfred Caronia's conviction was vacated by the U.S. 2nd Circuit Court of Appeals on December 3, 2012 on the ground it violated his right of free speech under the First Amendment." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"United States v. Caronia, 703 F.3d 149 (2d Cir. 2012)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=9553043764136726814&q=Alfred+Caronia&hl=en&as_sdt=6,48" |
Information Source 2: |
"In Landmark Ruling, Court Reverses Conviction Involving Off-Label Promotion, Staff writers, FDA Law Blog, December 3, 2012" |
Information Location 2: |
http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2012/12/in-landmark-ruling-court-reverses-conviction-involving-off-label-promotion.html |
Information Source 3: |
"Government Files Statement Of Interest Distinguishing "Caronia" In Off-Label Promotion False Claims Act (FCA) Case, By Heidi A. Wendel and Toni-Ann Citera, Jones Day, December 3 2013" |
Information Location 3: |
http://www.mondaq.com/unitedstates/x/278644/Government+Contracts+Procurement+PPP/Government+Files+Statement+Of+Interest+Distinguishing+Caronia+In+OffLabel+Promotion+False+Claims+Act+FCA+Case |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org