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Date: 08-24-2023
Case Style:
Case Number: 2:20-cr-00115
Judge: Virginia M. Hernandez Covington
Court: United States District Court for the Middle District of Florida (Lee County)
Plaintiff's Attorney: United States Attorney’s Office in Ft. Myers
Defendant's Attorney: Anita Margot Moss, Barry Pollack, David Markus, and Addy Schmitt
Description: Ft. Myers, Florida criminal defense lawyers represented Defendant charged with violating the Sherman Antitrust Act
Dr. William Harwin participated in a conspiracy from 1999 to September 2016 to suppress competition by agreeing to allocate chemotherapy treatments for cancer patients to FCS and radiation treatments to another oncology company in Lee, Collier, and Charlotte Counties.
Harwin pleaded guilty to one count of violating Section One of the Sherman Act. Sentencing will take place at a future date as set by the court. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“This long-running criminal conspiracy denied cancer patients access to a competitive marketplace for lifesaving oncology treatments,” said Acting Director of Criminal Enforcement Emma Burnham of the Justice Department’s Antitrust Division. “The Antitrust Division will not hesitate to prosecute health care providers who choose profits over patients.”
“The FBI will not stand by and allow those trusted with saving lives to manipulate the health care system for their own benefit,” said Special Agent in Charge David Walker of the FBI Tampa Field Office. “This investigation demonstrates the commitment of the FBI and its partners to protect patient care and the healthcare marketplace.”
In April 2020, FCS was charged for its role in the same criminal conspiracy and entered into a deferred prosecution agreement resolving the charge against the company, under which it admitted to conspiring to allocate chemotherapy and radiation treatments for cancer patients. Under the agreement, FCS agreed to pay a $100 million criminal penalty and to cooperate fully with the Antitrust Division’s ongoing investigation.
The FBI Tampa Field Office – Fort Myers RA investigated the case.
Assistant Chief Mark Grundvig, Senior Trial Counsel Eun-Ha Kim and Trial Attorneys Patrick Hallagan and Aidan McCarthy of the Antitrust Division’s Washington Criminal II Section and the U.S. Attorney’s Office for the Middle District of Florida are prosecuting the case.
"The Sherman Antitrust Act of 1890[1] (26 Stat. 209, 15 U.S.C. §§ 1–7) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author.
The Sherman Act broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade.
The law attempts to prevent the artificial raising of prices by restriction of trade or supply.[2] "Innocent monopoly", or monopoly achieved solely by merit, is legal, but acts by a monopolist to artificially preserve that status, or nefarious dealings to create a monopoly, are not. The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve a competitive marketplace to protect consumers from abuses.[3]"
Wikipedia
Outcome: 08/23/2023 362 ENDORSED ORDER: As the Court stated on the record at the August 23 change of plea hearing, the motion for acceptance of the plea agreement is granted. (Doc. # 309-1). Because the Court has now accepted the Rule 11(c)(1)(C) plea agreement (Doc. # 313-1) and Defendant Harwin has pled guilty at the change of plea hearing, the Court directs the Clerk to unseal the motion for acceptance of the plea agreement (Doc. # 309; Doc. # 309-1) and the plea agreement (Doc. # 313, Doc. # 313-1). The Clerk is also directed to unseal the related docket entries. (Doc. ## 310, 311, 314, 315, 347, 348, 349, 358, 359, 360). Signed by Judge Virginia M. Hernandez Covington on 8/23/2023. (DMD) (Entered: 08/23/2023)
08/23/2023 364 Minute Entry for In Person proceedings held before Judge Virginia M. Hernandez Covington: Change of Plea Hearing as to William N. Harwin held on 8/23/2023. Court Reporter: Stacey Raikes (AEH) (Entered: 08/24/2023)
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Defendant's Experts:
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