The Government rested on May 27, 2009 in the AffPower Internet pharmacy case, unique for its longevity as well as the attempted prosecution of online pharmacy affiliates along with the traditional players. A general review of the respective Motions for Judgment of Acquittal by many of the Defendants indicates that the Government, among other things, neglected to call any witness to identify that the drugs (both controlled and non-controlled substances) identified in the indictment were actually the drugs received by the patients/customers of the Internet pharmacy.
Additionally, the doctors who testified only testified about their general course of practice and not what their course of practice was with regards to the specific patient/customers identified in the indictment. Intuitively, the doctors must be somewhat specific for a jury to find that the drugs were distributed without a legitimate medical purpose and not in the usual course of professional practice (as a reminder, this is a pre Ryan Haight Act prosecution).
I will review these in greater detail this weekend, but I wanted to provide a status update to those that have inquired about the status of the AffPower trial.
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Category: Court Cases