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Executive Wants Supreme Court to Review
Wire Fraud Conviction in Off-Label Promotion

Aug. 7, 2013, 4:00 AM

Former pharmaceutical company executive W. Scott Harkonen Aug. 5 asked the U.S. Supreme Court to review an appeals court ruling affirming his conviction and sentence for wire fraud in connection with issuing a press release promoting off-label uses of the InterMune Inc. drug Actimmune (United States v. Harkonen).

Harkonen, the founder and former chief executive officer of InterMune, is the first chief executive officer tried for off-label promotion. At issue is the company’s drug Actimmune (Interferon gamma-1b) and Harkonen’s issuing a press release, at Harkonen’s direction, publicizing the use of the drug to treat idiopathic pulmonary fibrosis or...

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