Jury Orders Fen-Phen Lawyers to Forfeit $ 50 Million

Having returned from a trip to Reno, Nevada last night where I didn’t lose a dime (didn’t bet a dime either), I didn't exactly correctly predict in this post on Saturday that this jury might just reach a compromise in the forfeiture phase of a case.

Following the guilty verdicts on Friday of last week, the jury in the Fen-Phen case in Kentucky returned on Tuesday of this week to hear the forfeiture phase of the case. Although there has been scant reporting on this portion of the case, the jury found the same day, apparently, after just argument, and no additional presentation of evidence, that the two now disbarred lawyers must forfeit $50 million dollars. Although the government had sought the forfeiture of $94.6 million, the jury only found that the defendants, William Gallion and Shirley Cunningham, had to forfeit the $50 million.

Proving that the job of a criminal defense practitioner is a difficult one, Cunningham’s attorney, Steve Dobson, said that although it is hard to be satisfied with anything after a guilty verdict, at least the government didn’t get the $94.6 million they were seeking! I’m pretty sure Dobson’s client thinks that’s a pyrrhic victory.
 

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