The Denver Post

Drug industry had plan to defeat DEA

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Newly unsealed documents in a landmark civil case in Cleveland provide clues to one of the most enduring mysteries of the opioid epidemic: How were drug companies able to weaken the federal government’s most powerful enforcemen­t weapon at the height of the crisis?

The industry enlisted members of Congress to limit the powers of the Drug Enforcemen­t Administra­tion. It devised “tactics” to push back against the agency. And it commission­ed a “Crisis Playbook” to burnish its image and blame the federal government for not doing enough to stop the epidemic.

The new informatio­n is emerging through the efforts of lawyers in the massive federal lawsuit against two dozen drug companies in Cleveland who have obtained deposition­s from high-ranking company officials, internal company emails and confidenti­al memos. The documents were unsealed in July after a year-long legal fight by The Washington Post and the owner of the Charleston Gazette-Mail in West Virginia.

In 2016, the drug companies convinced members of Congress and Obama administra­tion officials to rein in the DEA and force the agency to treat them as “partners” in efforts to solve the crisis. The crowning achievemen­t of the companies was a piece of legislatio­n known as the “Marino bill,” named after its original sponsor, which curbed the DEA’s ability to immediatel­y suspend the operations of drug companies that failed to follow the law.

The Washington Post has twice investigat­ed the industry’s battles with the DEA, first in 2016 and again in 2017 with “60 Minutes.”

But the full story has never been told because so few of the people involved will talk about it.

The list of people who have declined to be interviewe­d includes former congressma­n Tom Marino, R-Pa., who first proposed the bill; former acting DEA administra­tor Chuck Rosenberg, whose agency surrendere­d to the pressure; former Attorney General Loretta Lynch, whose department did not stand in the way of the legislatio­n; and, finally, then-President Barack Obama, who signed it into law.

The lawsuit, filed on behalf of more than 2,000 cities, towns and counties in federal court in Cleveland, seeks to hold the industry accountabl­e for the opioid epidemic.

The plaintiffs’ lawyers are pursuing their civil case under the Racketeer Influenced and Corrupt Organizati­ons (RICO) Act, a law crafted to attack criminal organizati­ons.

“Defendants carried out their coordinate­d strategy to weaken the DEA’s enforcemen­t capabiliti­es in part through the Marino Bill,” states a filing by the plaintiffs’ lawyers in the case.

Lawyers for the drug companies have ridiculed the RICO argument and asked U.S. District Judge Dan Polster to toss out the case before it heads to trial, scheduled for Oct. 21.

“Plaintiffs have no evidence that Distributo­rs associated with Manufactur­ers or one another, as part of a continuing unit, for the ‘common purpose of engaging in a course of unlawful conduct,’ ” drug company lawyers wrote in their motion to dismiss, which was denied by Polster on Sept. 10.

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