US Attorney Won’t Take Action Over Plavix

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After reviewing a report and recommendation by an independent monitor, the US Attorney in New Jersey, Christopher Christie, has decided not to “take any action” against the drugmaker over its controversial deal with Apotex, because the issues have been “fully remediated.” The disclosure is contained in the drugmaker’s annual report, which was filed this evening. You can see it here.

The monitor, former US judge Frederick Lacey, didn’t find any violations of federal securities law or a consent Bristol-Myers signed with the Securities and Exchange Commission in 2004. There were corporate governance issues, however, in connection with the Apotex deal over the Plavix bloodthinner.

These were characterized as communication failures and violations of internal policy by former Bristol-Myers ceo Peter Dolan and former general counsel Bill Willard. There were no findings that the drugmaker “knowingly” violated the a Deferred Prosecution Agreement signed in June 2005.

This is welcome news for Bristol-Myers, which is operating for another three months under the DPA in connection with an accounting scandal. The Department of Justice anti-trust division is still investigating, though.

If nothing else, this is one less headache for the embattled drugmaker, which should make it look just a little more attractive to an acquirer. [tags]Bristol-Myers Squibb, Plavix[/tags]

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