[HN Gopher] DOJ Seeks To Block Purdue Pharma Bankruptcy Deal
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       DOJ Seeks To Block Purdue Pharma Bankruptcy Deal
        
       Author : randycupertino
       Score  : 220 points
       Date   : 2021-09-16 17:33 UTC (5 hours ago)
        
 (HTM) web link (www.npr.org)
 (TXT) w3m dump (www.npr.org)
        
       | javajosh wrote:
       | That deal "avoids costly litigation", so say various "states'
       | attorney generals". It's funny how those same AGs strong-arm the
       | little people every single day, put them in jail before trial,
       | and then offer them a choice: plead guilty, get time served, and
       | go on your way. Or, plead not guilty, make bail, if you can, and
       | get your ass handed to you because you can't afford a competent
       | attorney and our judges and cops collude to make it impossible to
       | get justice. If you can't make bail, then you will rot in jail
       | until your first hearing, weeks from now, and you'll get an
       | overworked public defender and get the same result. What do you
       | choose?
       | 
       | The Sacklers need that kind of choice.
       | 
       | EDIT: The DoJ needs to confiscate their assets under current DEA
       | assert forfeiture law, the same one the local cops use to steal
       | from ordinary people without cause. Then arrest them. Let's see
       | how long the litigation draws out under those circumstances.
        
         | formerly_proven wrote:
         | The Sacklers are going to the same special hell where Tobacco
         | executives end up.
        
           | azemetre wrote:
           | I don't want them to go to hell, I want them in prison.
        
             | spoonjim wrote:
             | The right prison is a good approximation of hell. Not
             | federal prison, but state prisons certainly
        
             | [deleted]
        
           | throwaway81523 wrote:
           | Is that the equivalent of a country club jail?
        
           | vkou wrote:
           | Which is what, exactly? A Miami Beach penthouse condo, with a
           | 500-acre manor in Hawai'i for the winter months?
        
         | dillondoyle wrote:
         | Or use their office for nonstarter political suits to rile up
         | their base.
        
         | SpicyLemonZest wrote:
         | Which specific crimes were committed by which specific
         | Sacklers? I'm sympathetic to the idea that they might have done
         | something wrong, but the impulse to throw people we don't like
         | in jail now and figure out what they did wrong later is very
         | dangerous, and even if other people are treated that way it
         | isn't an excuse to further indulge it.
        
           | javajosh wrote:
           | The wealthy should suffer no more, or less, than ordinary
           | folk. Our justice system is broken, and yet that breakage
           | does not touch the Saklers. Maybe if it did, there'd be a cry
           | for change from the people who can afford to spend the
           | dollars needed to change the system.
        
             | SpicyLemonZest wrote:
             | I think this comment clearly illustrates the danger I
             | mentioned; "they must have committed some crime" inevitably
             | and often immediately turns into "it doesn't matter whether
             | they committed any specific crime". If we turn the justice
             | system into a purely political exercise, not even aspiring
             | to the ideal of punishing people for specific crimes
             | they've committed, what would the basis of a cry for change
             | be?
        
               | javajosh wrote:
               | They knew Oxycontin was addictive and claimed that it
               | wasn't. They knew the deadly impact their drug was having
               | on large groups of people, and yet did nothing to
               | mitigate the impact.
               | 
               | These are very serious crimes. Indeed, even if they were
               | not, harming society in this way should be criminalized.
               | 
               | I say this despite being pro-legalization. The issue
               | isn't the drug itself, it's the lying, the undermining
               | use of institutions like your family doctor, the FDA, to
               | push this drug as if it were harmless, and to sit back
               | and watch it take its toll, rolling in dough. It hurts.
        
           | dillondoyle wrote:
           | From everything I've read - which is a lot - I think the
           | criminal case under the law is less clear than say John
           | Kapoor & Insys (who are in jail). But it seems the civil
           | cases are much stronger, which is why this settlement is so
           | shocking.
           | 
           | the Sacklers have tight control and micro managed decisions
           | it's their intention & action. But Purdue was smart enough
           | not to make spreadsheets tracking doctor bribe ROIs ...
           | 
           | I'm interested in why there isn't more info/investigation on
           | the revelation in Gibney's doc that a Purdue exec sat in a
           | motel room with the regulator in charge to write the original
           | oxycontin label, which was then approved with very very
           | questionable language. That potentially less addictive
           | language was the entire lynchpin of their (minimally moral)
           | crimes. Especially with any future revolving doors or
           | benefits.
        
             | SpicyLemonZest wrote:
             | Completely agreed in that regard.
        
           | avgDev wrote:
           | https://www.judgeforyourselves.com/info/
        
             | gruez wrote:
             | >3 john oliver videos
             | 
             | >8 hour video deposition
             | 
             | pass
             | 
             | >"transcripts of calls to the bankruptcy court from those
             | impacted by the opiod crisis"
             | 
             | People calling in and saying that oxycotin ruined their
             | lives doesn't really count as a "specific crime".
        
         | throwdecro wrote:
         | > That deal "avoids costly litigation"
         | 
         | I guess it would be worse if this were criminal litigation and
         | not civil litigation, but it's still kind of incredible to see
         | such a naked admission that if you can outspend the attorney
         | general's office, you'll get special treatment.
        
         | wefarrell wrote:
         | State/local prosecutors would rather go against an overworked
         | overworked public defender than a well funded legal team from a
         | firm that can eventually offer them a job.
         | 
         | Fortunately, federal prosecutors love going after high profile
         | individuals and aren't scared of their lawyers.
        
       | YinLuck- wrote:
       | The Sacklers would all have received a bullet to the head had
       | this saga unfolded in China.
        
       | spoonjim wrote:
       | Any idea why a state prosecutor hasn't tried to get a felony
       | criminal charge on some of the Sacklers? At least tried to get
       | them in jail? Seems like it would be low risk. If you succeeded
       | you're a hero and if you failed nobody would be surprised.
        
         | wpietri wrote:
         | And either way, you end up a lifelong target of these specific
         | billionaires. Plus any other billionaires who don't like the
         | idea of accountability. Plus their minions, fellow travelers,
         | and all the people who believe billionairehood is their true
         | destiny.
        
         | gruez wrote:
         | Lack of evidence?
        
           | spoonjim wrote:
           | How do you know until you indict and do discovery?
        
             | gruez wrote:
             | 1. you need to evidence to convince a grand jury to indict
             | them
             | 
             | 2. discovery doesn't exist for criminal cases. you can't
             | ask the accused to turn up relevant evidence.
             | 
             | 3. they probably have all the relevant evidence, from the
             | case against perdue pharma (the company)
             | 
             | 4. the juicy evidence that proves their guilt is probably
             | destroyed by now, or at least stored with a privileged
             | party (eg. their laywers).
        
       | mesk wrote:
       | US legal system is really fascinating. How can bankruptcy of one
       | legal entity (Purdue Pharma) immunize other legal entities, that
       | are not direct part of that bankruptcy deal (Sackler family
       | members), from being sued (no matter if they are guilty or not).
       | Very fascinating...
        
         | SpicyLemonZest wrote:
         | It's not clear that it _can_ immunize other legal entities.
         | That 's precisely what the dispute referenced in the source
         | article is about - the Justice Department believes that it
         | can't.
        
         | gruez wrote:
         | That's what a bankruptcy is? It "immunize" you against past
         | liabilities.
        
           | loeg wrote:
           | > That's what a bankruptcy is? It "immunize" you against past
           | liabilities.
           | 
           | Usually _financial_ liabilities. Also,  "you" is different
           | here -- Purdue Pharma is the bankrupt entity, but the Sackler
           | family is shielded. Purdue Pharma and the Sacklers are
           | distinct legal entities.
        
             | gruez wrote:
             | > Also, "you" is different here -- Purdue Pharma is the
             | bankrupt entity, but the Sackler family is shielded. Purdue
             | Pharma and the Sacklers are distinct legal entities.
             | 
             | Can you link the docket?
        
           | kelnos wrote:
           | I think the question the parent is asking is how should the
           | bankruptcy of one entity (Purdue Pharma) be allowed to
           | protect individual members of the Sackler family?
           | 
           | The answer is, of course, that prosecutors have quite a bit
           | of leeway in coming up with deals that will get the best
           | outcome that they think they can get. But I agree that it
           | doesn't feel right, that the Sacklers can further use their
           | corporate structure to protect them from their actions.
        
             | gruez wrote:
             | > I think the question the parent is asking is how should
             | the bankruptcy of one entity (Purdue Pharma) be allowed to
             | protect individual members of the Sackler family?
             | 
             | I thought the settlement was between the government and the
             | Sacklers directly?
             | 
             | >Under a separate civil settlement, individual members of
             | the Sackler family will pay the United States $225 million
             | arising from the alleged conduct of Dr. Richard Sackler,
             | David Sackler, Mortimer D.A. Sackler, Dr. Kathe Sackler,
             | and Jonathan Sackler (the Named Sacklers).
             | 
             | https://www.justice.gov/opa/pr/justice-department-
             | announces-...
        
               | bb611 wrote:
               | These are different cases.
               | 
               | Purdue and the Sacklers faced federal suits from DOJ and
               | its offices, which were tentatively resolved by the
               | settlements you linked.
               | 
               | Separately, Purdue is now in bankruptcy proceedings, to
               | which the federal, state, and local governments are party
               | because of their suits.
               | 
               | The Sackler immunity request is part of the bankruptcy
               | proceeding, not the DOJ settlement.
        
               | gruez wrote:
               | >Separately, Purdue is now in bankruptcy proceedings, to
               | which the federal, state, and local governments are party
               | because of their suits.
               | 
               | My guess is still the same. It's referred to "the perdue
               | pharma bankrupcy" by the media, but technically the
               | defendants involve the sacklers as well.
        
         | asdfasgasdgasdg wrote:
         | Prosecutors in the US are given leeway to make deals under the
         | law that benefit the people. I am not sure of the details, but
         | it often happens that companies indemnify executives (i.e.
         | promise to pay legal expenses incurred defending behavior
         | associated with working at the company). That means that suing
         | the Sackler heirs (especially if unsuccessful) might diminish
         | the funds available to recover from Purdue, since Purdue would
         | be paying the Sackler legal fees. If the prosecutors believe
         | that probability of a successful suit against the Sacklers is
         | low enough, they may do an expected value calculation where
         | they value the private contributions of funds from the Sacklers
         | under the settlement more highly than what they expect to
         | recover in the event of a lawsuit against the Sacklers.
        
       | JohnWhigham wrote:
       | Nothing will happen. Nothing ever does with the Chickenshit Club
       | [0]. In my opinion the entire family should be publicly hanged
       | for their egregious crimes. Something like that would at least be
       | burned into other's minds and hopefully influence them for the
       | better. At the very least, it'd be a brief moment of catharsis
       | and reckoning for those who had problems struggling with opiate
       | addictions.
       | 
       | [0] https://www.amazon.com/Chickenshit-Club-Department-
       | Prosecute...
        
         | dboreham wrote:
         | Probably because very large swathes of the economy ultimately
         | depend on exploiting humans' poor impulse control.
        
           | mandmandam wrote:
           | Very large and _very expendable_ swathes.
        
           | imglorp wrote:
           | The Purdue (et al) dosing schedule was engineered for maximal
           | addiction similar to how cigarettes chemistry was. We used to
           | dose these things on 4 hour intervals and the move to 12 hour
           | was done for business reasons: neurology gets more addicted
           | that way.
           | 
           | must read: https://www.latimes.com/projects/oxycontin-part1
        
             | sneak wrote:
             | Cigarettes are still available without a prescription, and
             | kill 7x as many people in the US each day/month/year as
             | opiates.
             | 
             | Tobacco is a large, legitimate, and continuing industry in
             | the US. If you wish this to end, that may not be the
             | comparison you wish to invoke.
        
       | randycupertino wrote:
       | Given the recent post and discussion on this post
       | (https://news.ycombinator.com/item?id=28547864) yesterday
       | regarding the FDA oversight of the opiate epidemic, found this
       | article relevant and a small encouraging sign.
       | 
       | The bankruptcy proceedings have been absurd in this case
       | particularly due to the litigation shield for the Sacklers so a
       | renegotiation would be huge.
       | https://www.bloomberg.com/news/features/2021-09-01/sackler-f...
        
         | nickff wrote:
         | Do you think the evidence supports piercing the corporate veil?
         | I am not sure that it does, and think that if this deal is
         | blocked, the Sacklers may not end up putting any private money
         | in.
         | 
         | https://en.wikipedia.org/wiki/Piercing_the_corporate_veil#Un...
        
           | BrianOnHN wrote:
           | They can keep their "earnings" as long as they can't spend it
           | in jail.
           | 
           | The precedence that we will not tolerate crimes as a path to
           | unimaginable wealth is worth more than they could bankroll.
        
             | nickff wrote:
             | I would assume that if they are found guilty of criminal
             | negligence, fraud, or something else that would land them
             | in jail, they would also likely lose a civil suit with a
             | related cause of action.
        
               | Scoundreller wrote:
               | Yeah, a civil case is easy enough once the prosecutor has
               | collected all of the evidence you need in the first
               | place.
        
             | ddoolin wrote:
             | Hopefully prison, not jail, and they can spend it all they
             | want on commissary. That little TV won't make you forget
             | you're there, believe me.
             | 
             | Just my opinion, but the only justice here is to take their
             | wealth away. A prison sentence is pretty meaningless unless
             | they're in for life, which of course we all know a few
             | years is the more likely reality (and I'm not advocating
             | for life either).
        
               | BrianOnHN wrote:
               | I agree with you. However unlikely, I simply see a prison
               | sentence as the most likely "real" punishment.
               | 
               | The reason I say "real" is because even if we _meant_ to
               | take  "all" of their wealth, what are the chances we
               | actually get all of it? And without getting all of it, a
               | seemingly negligible amount of cash, like 10MM which is
               | <0.1% relative to >10,000MM, can still make the crime
               | "worth it."
        
             | barkingcat wrote:
             | With money, their external representatives can purchase the
             | jail/prison and thus turn the jail into a kind of holiday
             | resort for the rich. It'd be like house arrest.
        
               | hn_throwaway_99 wrote:
               | That doesn't actually happen in the US.
        
           | stefan_ wrote:
           | As usual, you can't make a criminal case if you don't use the
           | tools we give prosecutors to make cases. Where are the home
           | searches? The wiretaps?
           | 
           | You can't just go "maybe discovery in this civil case will
           | reveal the criminal conspiracy" and then go "eh, guess not".
        
             | asdfasgasdgasdg wrote:
             | Prosecutors do have those tools, though? I mean, in the
             | specific case of wire taps, we probably wouldn't even have
             | that word it the corresponding investigative tool did not
             | exist.
             | 
             | But we also have laws around when they can and can't be
             | applied. There are standards of evidence and suspicion that
             | must be reached. Due process exists even for billionaires.
             | Also, prosecutors or investigators might not use those
             | tools if they doubt useful evidence would be uncovered.
        
               | mrDmrTmrJ wrote:
               | Civil suits and criminal cases have different standards
               | of evidence. It maybe that the Sacklers could not be
               | convicted of a felony crime but *may be convicted in a
               | series of massive civil suits.
               | 
               | Certainly this sounds weird, but there's very clear
               | president. OJ Simpson was both acquitted in criminal
               | court and convicted in a civil suit: https://en.wikipedia
               | .org/wiki/O._J._Simpson_murder_case#Civi...
        
             | nosackler2 wrote:
             | >> As usual, you can't make a criminal case if you don't
             | use the tools we give prosecutors to make cases. Where are
             | the home searches? The wiretaps?
             | 
             | Those tools (and criminal proceedings) are usually reserved
             | for persons of color. For everyone else, we have white
             | glove treatment. The best hope we have to prosecute the
             | Sacklers properly is if one of them converts to Islam, then
             | you'll see the gears of justice turn.
        
             | nickff wrote:
             | What kind of evidence are you expecting to be discovered?
             | Teleconferences where they discuss intentionally killing
             | people by causing overdoses?
             | 
             | I am almost certain that the Sacklers thought they were
             | producing drugs which would relieve pain and help end-users
             | live happier and more productive lives. This may have been
             | self-deception, but I don't have the knowledge to do a
             | cost-benefit analysis of this situation (though I'd be
             | interested to see one on opiods).
        
               | elliekelly wrote:
               | Purdue, the company, has pleaded guilty to two crimes.
               | Presumably there is plenty of evidence of criminal
               | activity. The question is whether and to what extent the
               | family members, as individuals, might be criminally (or
               | civilly) responsible.
        
               | gruez wrote:
               | >Purdue, the company, has pleaded guilty to two crimes.
               | Presumably there is plenty of evidence of criminal
               | activity.
               | 
               | It's much easier to convict the corporation than its
               | members.
        
               | jasonlaramburu wrote:
               | >What kind of evidence are you expecting to be
               | discovered? Teleconferences where they discuss
               | intentionally killing people by causing overdoses?
               | 
               | I am not a lawyer, but I don't think the state needs to
               | prove intent to kill. It could have been negligence, eg
               | they knew people were getting addicted but declined to
               | change their aggressive marketing tactics.
        
               | aurizon wrote:
               | AH, Just the person I have in mind for my Florida
               | waterfront property. Only 6 feet deep at the shore at low
               | tide..... I say that because of your belief in the
               | humanitarian nature of the sacklers. The sacklers wove a
               | web of fraud and arm's length de-facto murder that they
               | need to be tried, one at a time for them, with no trial
               | bail allowed. I fully expect the sacklers to run for it
               | one day to a place they can not be extradited from, or
               | even vanish off shore if it looks like they will ever get
               | called on to pay for their crimes. Without their actions
               | perhaps 400,000 to 450,000 of their victims might be
               | alive. They were, for the most parts, people led down a
               | garden path of inexorable addiction and death. There are
               | a few million, who were damaged, but lived. (why do you
               | think the sacklers want immunity forever?)The toll of
               | human suffering and death that leads directly to their
               | front door - that is what the Justice Department knows
               | and pursues. They were not criminals - at the start, they
               | followed the $$, to our cost. Some people can resist
               | addiction - cold turkey people, like me. I had flesh
               | eating disease after my legs being crushed in a car
               | accident. (pix available, PM me, I still have persistent
               | muscle loss areas) They used, on me, a cocktail of
               | antibiotics fed by an auto-pump, that also created
               | intense pain. The infection was defeated, and the pain
               | was suppressed by oxy-contin. After the infection
               | subsided and the pain left, the oxy-contin was cut off by
               | the doctors. It was then that I felt what addiction was
               | like - intense fidgets(but no more pain), twitch,
               | sleeplessness, etc. I was one of those who are capable of
               | cutting it off, cold turkey, which is what I did. After 2
               | weeks it was gone. I still have some of the pills left -
               | in case the pain returned. Apparently a high % of people
               | can not self cold turkey like I can. I also do not drink
               | at all, never liked booze in any form. I could never
               | understand alcoholics either? If I have 8 drinks, I get
               | woozy, lose co-ordination etc - it is pleasant, being
               | drunk, but I can take it it leave it. I suspect that
               | alcohol and oxy-contin addicts must get a supreme
               | pleasure - I pleasure I do not get. It is possible that
               | if I got the intense addict's pleasure that I would also
               | be unable to resist it as well, I am lucky to be in that
               | segment of mankind that does not get this intense
               | pleasure - if only we could bottle it and end
               | addictions??. Sorry for the rant, but I hate to see the
               | sacklers skate free with their billions, which others
               | suffered and suffer on. sackler = lower case, they are
               | low grade people in all respects.
        
             | gruez wrote:
             | >Where are the home searches? The wiretaps?
             | 
             | what are you expecting to turn up? Documents/recordings
             | that say "yep we totally knew that oxycotin was addictive
             | and we're moving profits out with the goal of hiding them
             | from creditors"?
        
               | ceejayoz wrote:
               | Given how many people have been caught being exactly that
               | stupid, why not? It's at least worth a shot.
        
               | pseudalopex wrote:
               | "[W]hat do you think is going on in all of these
               | courtrooms right now? We're rich? For how long? Until
               | which suits get through to the family? I think [the
               | investment banker's] advice was just violated in a
               | Virginia courtroom. My thought is to lever up where we
               | can, and try to generate some additional income. We may
               | well need it. . . . Even if we have to keep it in cash,
               | it's better to have the leverage now while we can get it
               | than thinking it will be there for us when we get
               | sued."[1]
               | 
               | [1] https://www.justice.gov/opa/press-
               | release/file/1329736/downl...
        
               | gruez wrote:
               | If that's really the best quote the prosecution can come
               | up with, I can see why the state settled. I suppose you
               | can see this as the smoking gun, _if you were already
               | convinced of it_ , but from a skeptical reading it's
               | really not that obvious. Are they talking about hiding
               | money from creditors? Or just finding other ways of
               | making money now that their previous money-maker (perdue
               | pharma) is going under? Is the state going to convince
               | the jury of that better than the defense?
        
               | [deleted]
        
               | nosackler2 wrote:
               | >> what are you expecting to turn up?
               | Documents/recordings that say "yep we totally knew that
               | oxycotin was addictive and we're moving profits out with
               | the goal of hiding them from creditors"?
               | 
               | Just like with tons of other cases, the actual thing
               | people trip on are entirely ancillary -- tax evasion,
               | wire fraud, embarrassing emails, obstruction of justice.
               | I'll bet there are a dozen obstruction of justice charges
               | that can be levied if you search thru emails.
               | 
               | Again, they are getting white-glove treatment, so we
               | havent bothered to look for the stuff that will force a
               | more reasonable settlement for the millions of innocent
               | victims.
        
               | gruez wrote:
               | >Again, they are getting white-glove treatment
               | 
               | And the response to that is that they're well funded to
               | resist those attacks by the government, so it will end up
               | being a drain on resources on both sides. legal MAD, if
               | you will.
        
               | [deleted]
        
           | alistairSH wrote:
           | Legally, I'm not sure.
           | 
           | Morally, absolutely. The Sacklers cannot be allowed to walk
           | away with billions AND immunity from future suits.
        
             | nickff wrote:
             | I believe that the Justice Department is supposed to act in
             | the legal realm, not the moral one.
        
               | r00fus wrote:
               | The concept of "justice" and "law" are based on morality.
        
               | gruez wrote:
               | Based on, but not the same as. "these guys did a bad
               | thing but technically didn't break any laws, let's punish
               | them anyways" might be moral, but is against the rule of
               | law.
        
               | arcticbull wrote:
               | It gets a little tricky here because in the US (and
               | Canada) ex post facto laws are only forbidden in criminal
               | matters. Laws may be applied retroactively in civil
               | matters (Calder v. Bull).
               | 
               | Further, at least in Canada, parliament can institute ex
               | post facto laws by invoking the nothwithstanding clause.
               | Always a little hairy politically, but legal and
               | compatible with the rule of law.
               | 
               | [edit] I would further argue that ex post facto laws in
               | general are immoral.
        
               | [deleted]
        
               | alistairSH wrote:
               | Disagree. The JD is limited by the legal realm, but
               | should strive for moral outcomes.
               | 
               | In this case, is there a more moral solution that remains
               | within the realm of legal? Perhaps not, but I'd like the
               | JD to try, since the proposed solution strikes me as
               | allowing the Sackler family to profit massively off
               | immoral activities.
               | 
               | IMO (as a layman, not a lawyer), I'm unclear on why a
               | corporate bankruptcy settlement involves immunity for the
               | Sacklers. If we are not allowed to pierce the corporate
               | veil, it should go both ways. If they want to keep their
               | fortunes, they should remain open to civil suits.
               | Alternatively, they can forfeit the vast majority of
               | their fortunes in return for immunity from future suits.
        
               | spoonjim wrote:
               | There are plenty of ways, strictly in the legal realm,
               | where the Sacklers can go to jail. But I haven't seen any
               | state try.
        
               | etchalon wrote:
               | I believe the DoJ should strive to find legal solutions
               | to moral issues.
        
               | abakker wrote:
               | Morals change, laws need to keep pace but should not
               | anticipate changes in morals. Laws look backward at what
               | was previously legal or illegal.
        
               | yunohn wrote:
               | The problem here is not about laws "failing to keep up"
               | with morals. It's legal structures being abused to get
               | away with immoral activities. This isn't the first or
               | last such case where that's happened.
        
               | xxpor wrote:
               | Which is why the Dept of Justice is part of the Executive
               | branch, and the Attorney General is appointed by the
               | elected president.
        
           | randycupertino wrote:
           | That's a really good question! I'm just a medical researcher
           | who read Empire of Pain and I don't understand enough about
           | bankruptcy law to give an informed opinion either way.
           | However, I did hear a pretty amusing joke recently saying
           | that Bankruptcy attorneys are the nephrologists of law, which
           | means they're huge wonks & specialists in a very narrow
           | section of their field.
           | 
           | Interested to see other replies re: your comment!
        
           | Glyptodon wrote:
           | I think if it doesn't it would suggest that there ought to be
           | legislation creating a much lower standard for doing so.
        
           | R0b0t1 wrote:
           | Respect for the law is already dead, but I'm sure no personal
           | responsibility in this case would make it worse.
        
       | [deleted]
        
       | breck wrote:
       | "get an audience for our patent infringement suits so that we are
       | feared as a tiger with claws, teeth and balls, and build some
       | excitement with prescribers that OxyContin Tablets is the way to
       | go." - Richard Sackler, 1996 email
       | 
       | Patents create an awful incentive structure. In medicine, a
       | deadly one.
        
       | humaniania wrote:
       | Can they do anything about the judge who approved something so
       | unfair? My understanding is that that judge has a history of
       | allowing this type of thing.
        
       | tims33 wrote:
       | I hope the DoJ is successful. Taxpayers and families are bearing
       | an incredible cost and toll from the damage they've done.
       | 
       | It is also important that the government reflect on its on role
       | in letting this get as bad as it did.
        
         | sneak wrote:
         | Is the cost that incredible?
         | 
         | Tobacco kills 7x as many people as opiates in the USA every
         | day/week/month.
         | 
         | Is the loss of human life from the sale (without a
         | prescription!) of tobacco in the usa a credible figure?
        
           | tims33 wrote:
           | It is a really fair question. I think there are two lenses.
           | Tobacco does kill people in large numbers although it seems
           | to largely cause issues at the end of their lives. Tobacco
           | also reduces life expectancy, but not as much as opiod users.
           | What I saw said a heavy smoker loses ~13 years and a heroin
           | user ~18 years. Not sure about lighter smokers.
           | 
           | The issue with oxycontin is it helped create a massive
           | generation of addicts who have all sorts of other things
           | associated with them like: rehab, homelessness, and crime. So
           | I'm not sure of the total impact, but likely much higher per
           | person.
        
           | ashtonkem wrote:
           | It's worth pointing out that tobacco use is currently
           | declining. It kills a lot of people yes, but most of the
           | deaths are distributed towards older populations. Combine
           | these two factors, and you'd expect tobacco deaths to slide
           | in the next few decades as we start running out of older
           | smokers and newer generations smoke less on average than
           | their parents did.
           | 
           | On the other hand opiate addiction came out of nowhere, and
           | surpassed vehicle related deaths before anyone noticed. It
           | kills much more randomly, and the problem seems to be getting
           | worse. Expecting opioid death numbers to get worse in the
           | near future isn't unreasonable. It wouldn't surprise me if
           | opioids end up killing more per capita than nicotine does in
           | the near future.
           | 
           | Also, there's a pretty stark difference between the impact on
           | life of these two substances aside from the mortality risk.
           | While smoking does reduce quality of life, not many people
           | end up in jail or homeless because of their nicotine
           | addiction.
        
           | ddoolin wrote:
           | I think you make a good point that is worth talking about but
           | also it seems unfair to compare the two, in that manner at
           | least. Both are awful but the way that opiates kill and
           | really destroy lives, relationships, families, etc. is really
           | on a different time span and level.
        
           | bigmattystyles wrote:
           | From everything I've heard, Purdue Pharma knew about the
           | street abuse and _at best_ did nothing, from their end, it
           | probably drove up their sales too. People going through their
           | legit Rx slightly faster because some of their pills were
           | resold (yes, illegally) refilled sooner. Plus, let 's not
           | forget Purdue Pharma marketed these as not as addictive -
           | which likely created and sustained the street markets. Also,
           | just because something else (tobacco) is more deadly doesn't
           | mean we should turn a blind eye to everything to that is less
           | deadly.
        
             | sneak wrote:
             | My point is that the tobacco companies did all of this
             | stuff, too, including the marketing-via-doctors route.
             | 
             | They're still around, operating, and legitimate, and
             | causing 7x the destruction of human life of this so-called
             | "epidemic".
             | 
             | Either both are wrong, or neither are.
             | 
             | Personally I have an extremely unpopular opinion regarding
             | culpability for the damage here, but I'll be satisfied if
             | we as a society can simply agree that both are wrong, or
             | neither are, but if one is wrong, then so must the other
             | be.
             | 
             | If they're both wrong, we should be at least 7x as angry
             | and actionable against big tobacco (but rationally, quite a
             | bit more, as they have been killing people, including those
             | nearby who don't choose to consume the drug, at a higher
             | rate for a much longer period of time).
             | 
             | If neither of them are wrong (and cigarettes should still
             | be available for sale) then we should put down the Purdue
             | pitchforks.
        
               | bigmattystyles wrote:
               | I think you have a valid point - I guess you could argue
               | that Big Tobacco, while still in existence and still a
               | huge enterprise did have somewhat of a reckoning in the
               | 1990s. With that in mind, Purdue Pharma did this _after_
               | the legal boundaries had been tested and defined by prior
               | caselaw. I also don 't believe cigarettes can kill you or
               | make your life and the lives of those around horrible as
               | fast as opiates can. There are many offramps for
               | cigarettes. But, to your point, I don't know that that
               | should make a difference.
        
           | dillondoyle wrote:
           | Yes. I do think the cost is really incredible. even if we
           | were to get their entire 11 billion immediately it wouldn't
           | begin to cover the costs (pisses me off the most they get
           | many years on this proposal to pay it, they'll likely make
           | more profit from investments than they will pay back....)
           | 
           | Opiates do kill too many people but there are more social
           | externalities than tobacco. I think (hopefully) the 2nd hand
           | smoking effects have diminished, though I'm sure kids in
           | homes are still exposed.
           | 
           | But opiates touch everyone that knows an addict or is related
           | to one.
           | 
           | And the cost of theft, homelessness, HIV/hep infections,
           | blood infections, huge amount of overdose calls.
           | 
           | But I agree the costs of tobacco are huge. And the costs of
           | the oil & gas industry's behavior are even bigger than all of
           | these combined.
        
           | avgDev wrote:
           | Tobacco addiction cannot be compared to something like
           | opiates. The cost is often on the individual as smokers
           | normally work. Opiates make people spiral out of control
           | quickly and the dependency is so high they will literally do
           | anything for the next pill. They often become homeless and
           | without any health insurance. They overdose multiple times
           | ending up in critical care/ICU.
           | 
           | A better legal drug to compare could be alcohol, however,
           | your doctor wasn't marketed to give you vodka for your back
           | pain. There was a time were doctors were giving out opiates
           | like candy, this opiate epidemic has been created by big
           | pharma and doctors. I was prescribed opiates for muscle
           | strains and the first few times you take them it feels so
           | good. However, tolerance builds really quickly and people who
           | have a tendency to abuse substances will instantly get
           | hooked.
        
           | davesque wrote:
           | Maybe both are incredible?
        
         | ddoolin wrote:
         | I definitely think your latter point is very important but also
         | very likely to get lost in the noise and the circus of the
         | public.
        
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       (page generated 2021-09-16 23:01 UTC)