Opinion
CRIMINAL 20-CR-00169
05-16-2023
UNITED STATES OF AMFRICA v. APOTEX CORP.
ORDER
HON. R. BARCLAY SURRICK, UNITED STATES DISTRICT .JUDGE
Before the Court is the United States' Unopposed Motion to Dismiss the Information filed in the above-captioned case pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure. Having reviewed the motion. the Court finds as follows:
I. On May 6, 2020, the United States filed a criminal lnfonnation charging Apotex Corp. ("Apotex") with one count of conspiracy in restraint of trade, in violation of Section I of the Sherman Act (15 U.S.C. § I).
2. On May 7, 2020, the United States filed a Deferred Prosecution Agreement ("DPA") it had entered into with Apotex. In the DP A. the United States agreed to defer prosecution of Apotex for a period of three years. Among other obligations. the DPA required Apotex to cooperate with the United States' ongoing investigation and pay a criminal monetary penalty of $24,100,000.
3. The DPA provided that the United States would not continue the criminal prosecution against Apotex and would move to dismiss the Information within thirty days of the expiration of the DPA if Apotex complied fully with its obligations under the DPA.
4. The DPA expired on May 6, 2023.
5. The United States represents that Apotex has met its obligations under the DPA, including cooperation with the United States investigation, satisfaction of the self-reporting provisions. and making timely payment of the $24,100,000 monetary penalty. Apotex has a continuing obligation to provide fall and truthful cooperation to the United States as required under the DPA. irrespective of this dismissal.
6. The United States has determined that dismissal of the Information is appropriate at this time. Counsel for Apotex concurs.
Accordingly, it is hereby ORDERED that the United States' Unopposed Motion to Dismiss the lnfonnation is GRANTED.
It is so ORDERED