United States v. Stepanets, No. 16-2402 (1st Cir. 2018)Annotate this Case
The First Circuit reversed the trial judge’s dismissal of counts in an indictment that charged Defendants with dispensing misbranded drugs in violation of the Federal Food, Drug, and Cosmetic Act (FFDCA).
Defendants, Massachusetts-licensed pharmacists, were charged with multiple crimes, including the allegation that Defendants dispensed drugs in violation of the FFDCA. The trial judge granted Defendants’ motions to dismiss the FFDCA charges, ruling that the indictment did not provide fair notice. The First Circuit reversed, holding that the indictment passed muster because it gave Defendants enough information to prepare a defense and to invoke double-jeopardy protections to forestall a later trial on the same charges.