- 21/03/2013
- Posted by: essay
- Category: Free essays
The case of Robert Courtney is widely known as one of the most flagrant crimes in American judicial system for last ten year. Appropriate events of 2001 are still not forgotten and analyzed in most of law schools as the case that involves different legal aspects. Let’s outline the main points about it.
Here is the main background. Robert Courtney, Kansas City pharmacist was indicted on 20 felony counts of drug adulteration, drug misbranding and product tampering in August 2001. This criminal illegally diluted Gemzar and other expensive drugs in purpose of illegal profits obtaining. The fact that most of his victims were cancer patients with survival important need in chemotherapy became the most cynical part of Courtney’s case (Jeffrey).
Robert Courtney was born on 28 September in 1952 Hayes, Kansas, in the family of preacher of the Assembly of God, an evangelical denomination. When he was a boy, family moved from town to town in the search of better life. After the high school, Robert entered Wichita State University, which was transferred to University of Missouri-Kansas City School of Pharmacy after the first year of his education. He graduated it in 1975. After 11 years of work for Research Medical Tower Pharmacy’s in Kansas City owner, Mr. Courtney bought it in 1986 and became the sole proprietor. In few years only, he obtained the rights to second drug store in Kansas City. Case’s investigator Beverly Roath mentioned: “Although independent pharmacies seldom rake it in – the National Community Pharmacist Association reported that the largest stores, with sales over $4 million per year, grossed $205,000 before taxes in 2000 – Courtney did very well for himself. In 1990 he reported a yearly income of $48,000; in 2001, he was worth at least $10 million” (Roath). Being successful businessman, Robert was not so happy in personal life. As the proof, we can remind two of his three failed marriages. Approximately in early 1990, he began chemotherapy drugs for physicians lucrative practice, which was carried out in the Research Medical Tower. His colleague said in next way “The whole chemo thing in general was a great business idea. Compounding your own drugs was a lost art, and [Courtney] was doing a ton of compounding.” (Roath) Probably, this successful experience of lucrative practice pushed him to break the law.
Talking about criminal aspects of Courtney’s case, several points should be reminded. Eventually, lasting for seven month trial came to next conclusion. Robert Courtney at the age of 49 was pleaded guilty in 158 times of chemotherapy drugs diluting. 34 cheated patients were approved as the victims of his crime. It is important that during the process, Robert Courtney decided to take a plea deal. According to this agreement, prosecutors recommended form 17 to 30 years in federal prison for him. Eventually, Federal District Court judge sentenced him to 30 years. In the plea deal, Mr. Robert Courtney confessed that his criminal activities were lasting form 1992 and more than 4,200 patients became the victims of his crimes. According to his confession, for about 98, 000 prescriptions were diluted by him, affecting more than 420 doctors. Also, former pharmacists was sentenced for restitution (10,4 million $) and fine (25,000$). Talking about the evidence material, it was collected through sting operation, with Dr. Hunter participation. After ordering six prescriptions of brand drugs Gemzar and Taxon, under the FBI supervision, tests showed that drugs from Courtney’s stores were significantly diluted. This info became the background to conduct raids to Courtney’s pharmacy in the Research Medical Tower on August 13 (Freed).
As for the contractual aspect of this case, the party with violated rights is “Eli Lilly” pharmacy giant manufacturer. In fact, violation of contract agreement became the premise to light out Courtney’s criminal activities. Thereby, analyzed case is the good example to confirm close interconnections between different law branches. The contract with “Eli Lilly” was signed by former pharmacist in 1989 (Jeffrey). It was on a sales contract, which established defined quantity of supplied brands of Gemzar and Taxon medications to Courtney’s pharmacy. From that time, the contract was never changed or improved. However, “Eli Lilly” representative found that Mr. Courtny sales much more chemotherapy medications than it was supplied according to the contract. This is the direct violation of contractual agreement, as significant conditions of deal were not followed. As the derivative of committed crime and violated contractual agreements, “Elli Lilly” experienced material and reputation damage, copyright infringement.
Being clear with different sides of Robert Courtney’s case, it worth to be recognized multifaceted legal event that touched different areas of legal relations. Moreover, it wasn’t mentioned yet that this case was also accompanied by numerous civil suits to Mr. Courtney. In this way, it is, and will always be, relevant for analysis and detail research.
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