The News-Times

⏩ Connecticu­t increases pressure on Purdue Pharma.

- By Paul Schott and Emilie Munson

Connecticu­t’s expanded lawsuit against Purdue Pharma and its owners position the state to more aggressive­ly pursue its claims, but it would not assure a full redress of its allegation­s of deceptive marketing and fraudulent finances against the OxyContin maker.

The amended litigation that was filed Monday underscore­s a hard-line approach by Connecticu­t Attorney General William Tong, who said that he would seek a court order to “claw back” funds and block Sackler family members who own the company from taking additional cuts of profits, money that he wants to see used to tackle the opioid crisis. But the updated complaint would neither dispel the complexiti­es of a potential Purdue bankruptcy nor eliminate the challenges of taking Connecticu­t’s case to trial.

“An amended complaint, with more facts, is just as useful as a context for settlement as it would be for going to trial,” said Robert Bird, a professor of business law at the University of Connecticu­t. “What Tong is doing is strengthen­ing the state’s case.”

Alleged financial wrongdoing

The revised version of the lawsuit, which was filed last December against the company and eight of the Sacklers, seized upon Purdue CEO and President Craig Landau’s acknowledg­ment in an interview last month that bankruptcy was an “option” for the company.

Tong attributes Purdue’s need to possibly file for Chapter 11 protection to the Sacklers’ alleged siphoning of Purdue profits. He accuses the owners of paying themselves several billion dollars, between 2010 and 2016, through allocation­s to several other Sackler-held companies.

By comparison, Purdue’s annual revenues have averaged about $3 billion annually, mostly from OxyContin sales, since the drug was approved by the U.S. Food and Drug Administra­tion in 1995, according to the lawsuit.

“Despite knowing that Purdue faces certain liabilitie­s to the states, including Connecticu­t, Purdue — at the Sacklers’ direction — continued to pay themselves hundreds of millions of dollars each year in distributi­ons during the actionable period for no considerat­ion and in bad faith,” the lawsuit said in part. “As a result of defendants’ unlawful distributi­ons to the Sacklers, assets are no longer available to satisfy Purdue’s creditors.”

Purdue and the Sacklers have denied the lawsuit’s allegation­s.

A bankruptcy could halt the pending litigation against Purdue and the Sacklers. Any subsequent moves would then have to be approved by the overseeing bankruptcy court — a framework Tong said he would resist if it were used to shield the firm from its legal liability.

“This is why we amended our complaint to include claims for fraudulent conveyance­s and fraudulent transfers,” Tong said Tuesday. “We seek to recover money in the case ... for fraudulent conveyance­s and fraudulent transfers, but it is also a very clear signal that if you try to run into bankruptcy court, and, I think, misuse our nation’s bankruptcy laws to protect yourself from liability, for which you are fully liable, we will chase you to the ends of the earth.”

Connecticu­t’s fraud claims would factor into the bankruptcy proceeding­s, but they would not guarantee the state a stronger position, said Jeff Hellman, a New Haven-based attorney, whose practice concentrat­es on commercial litigation and bankruptcy.

“If the money was fraudulent­ly transferre­d to the Sacklers, a committee of Purdue creditors would, in all likelihood, be looking to pull that money back into the bankruptcy estate for all creditors, covering whomever Purdue owes money to, which could also include bondholder­s or banks,” Hellman said. “The state of Connecticu­t would get its share, but it wouldn’t necessaril­y get a bigger share than anyone else.”

Weighing settlement versus trial

In announcing the amended lawsuit, Tong reiterated his intent to take the case to trial.

In doing so, he downplayed the legal influence of the $270 million settlement reached last month between Purdue and Oklahoma.

Oklahoma Attorney General Mike Hunter “made a judgment that $270 million was the right deal for the people of Oklahoma. It would not be the right deal for the people of Connecticu­t,” Tong said. “In my view, this is a national public health crisis, and the damages are extensive and significan­t and go far beyond any dollar I can put on it right now. They go far beyond $270 million.”

Meanwhile, the Sacklers have signaled their desire to avoid a trial.

Mary Jo White, an attorney for four of the Sackler defendants said, in an interview with Reuters, that her clients would prefer to settle and reach a “global resolution” of the pending litigation of the more than 1,000 pending lawsuits against their company.

White represents three children of late Purdue co-founder Mortimer Sackler: Ilene Sackler Lefcourt, Kathe Sackler and Mortimer D.A. Sackler. Another, Theresa Sackler, is his widow.

The entire Sackler family “shares White’s view,” according to Reuters.

But Purdue and Connecticu­t are “not close” to reaching an agreement, Tong said.

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