BOSTON (Reuters) – U.S. prosecutors on Tuesday mentioned they may slim a case towards a number of former Insys Therapeutics Inc executives accused of bribing docs to prescribe a potent opioid after a federal choose questioned the scope of the indictment charging them.

FILE PHOTO: The billionaire founding father of Insys Therapeutics Inc. John Kapoor, exits the federal courtroom home after a bail listening to in Phoenix, Arizona , U.S., October 27, 2017. REUTERS/Conor Ralph/File Picture

Federal prosecutors in Boston, in a courtroom submitting, mentioned they plan to hunt a revised indictment towards billionaire Insys (INSY.O) founder John Kapoor and 6 former executives and managers that can “streamline” the case by together with fewer fees.

Prosecutors didn’t say what fees the brand new indictment would come with. The defendants at present face fees together with racketeering conspiracy, mail fraud conspiracy and wire fraud conspiracy.

However prosecutors mentioned they have been “aware of issues” raised throughout a July 17 listening to by U.S. District Decide Allison Burroughs, who questioned whether or not prosecutors might show the racketeering conspiracy depend as charged.

The indictment charged Kapoor, former Insys Chief Government Michael Babich and others with conspiring since 2012 to pay bribes to docs to prescribe the drugmaker’s fentanyl-based most cancers ache remedy Subsys and to defraud insurers.

Burroughs mentioned she believed the indictment lacked ample allegations tying collectively the Insys executives and the varied docs to help the racketeering cost.

Burroughs additionally mentioned that prosecutors ought to have a look at whether or not the case might be “streamlined and clarified.”

“The indictment has a core of conduct that’s problematic and could also be legal,” Burroughs mentioned. “I don’t know, that’s what a trial is for. However I’m have having difficultly with the best way it’s laid out.”

Beth Wilkinson, a lawyer for Kapoor, mentioned prosecutors appeared to have determined they might reasonably acquire a brand new indictment than danger the case’s dismissal.

“However the authorities’s obscure proposal can’t repair the indictment’s elementary flaws,” she mentioned in a press release.

Subsys is an under-the-tongue spray supposed for managing ache in most cancers sufferers that accommodates fentanyl, an opioid 100 instances stronger than morphine.

The U.S. Justice Division has accused Insys of paying kickbacks to docs to prescribe Subsys, typically through charges to take part in sham speaker applications ostensibly meant to teach medical professionals concerning the drug.

Kapoor was indicted in October and added as a defendant in a case towards six different individuals, together with Babich, who have been first charged in December 2016.

Different defendants embody former Insys vice presidents Alec Burlakoff and Michael Gurry, former Nationwide Gross sales Director Richard Simon, and Dawn Lee and Joseph Rowan, former regional gross sales administrators. Additionally they have pleaded not responsible.

Reporting by Nate Raymond in Boston; enhancing by Jonathan Oatis and Invoice Berkrot

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