Yesterday, a federal district court for the District of Maryland issued an opinion dismissing without prejudice the indictment against former GSK in-house attorney Lauren Stevens accusing her of obstruction and making false statements in connection with an FDA inquiry concerning the company's marketing practices for Wellbutrin. Although the dismissal is without prejudice, it is difficult to see how the government will be able to obtain a new indictment given the court's holding that the prosecutor must provide any new grand jury with an instruction to this effect: "if Stevens relied in good faith on the advice of counsel, after fully disclosing to counsel all relevant facts, then she would lack the wrongful intent to violate the law and could not be indicted for the crimes charged in the proposed indictment." (Opinion, p. 17). Also attached is a copy of the recently unsealed motion and declaration submitted by Stevens' attorney that led to the favorable decision.
We will report back shortly with an analysis of the decision and its implications.