Hearing Set on Conigliaro Appeal

By Walter F. Roche Jr.

A three judge federal panel will hear arguments Tuesday on an appeal filed by federal prosecutors seeking to overturn a judge's dismissal order on a charge against a former drug company executive.
Federal prosecutors in Boston are arguing that the guilty charge on a conspiracy count against Gregory Conigliaro should be restored. A jury had returned a unanimous guilty verdict but U.S. District Judge Richard G. Stearns reversed the conviction on June 7 of last year.
The First Circuit Court of Appeals also will hear arguments from the attorney for Sharon Carter, who like Conigliaro worked at the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. She held the title of director of operations.
Conigliaro was a vice president and part owner of NECC while Carter was employed as a pharmacist technician.
Due to the pandemic the court session set to begin at 9:30 a.m. will be held virtually since the courthouse is not open to the public.
Hearing the appeal will be Judges Sandra Lynch, Kermit Lipez and David J. Barron.
Conigliaro's lawyer, Daniel Rabinowitz, has argued that Conigliaro couldn't have conspired to defraud the U.S. Food and Drug Administration because agency officials were not even sure they had jurisdiction over NECC.
Carter's lawyer, Michael Pineault has made a similar argument.
Federal prosecutors have argued that the jury verdict should be upheld and that Conigliaro and Carter were motivated by greed.br /> Of the 14 NECC defendants indicted in late 2014, three are currently serving federal prison terms. One was acquitted of all charges.
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