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Drug Salesman’s Convictions Vacated Over Biased Verdict Form

Nov. 21, 2022, 3:42 PM

A trial court’s attempt to help jurors understand a complicated wire fraud and identity theft case by highlighting some of the government’s exhibits on the verdict form violated the defendant’s constitutional rights.

The form gave the government’s evidence undue weight by singling it out in such a salient manner in violation of the Sixth Amendment, the Nov. 18 opinion by Chief Judge David J. Barron said.

Mark Moffett worked as a salesman for drug maker Aegerion, which sold the cholesterol-lowering drug Juxtapid. The drug can cost hundreds of thousands of dollars per patient per year, and Moffett received a bonus ...