The Sackler Family's Opioid Settlement and Billionaire Justice

 On the opiod crisis, at the New York Times, "This Is What Billionaire Justice Looks Like":

In 2016, a small-time drug dealer in Leesburg, Va., named Darnell Washington sold a customer a batch of what he thought was heroin. It turned out to be fentanyl. The customer shared it with a friend, and the friend died from an overdose.

To combat the opioid crisis, prosecutors have begun treating overdose deaths not as accidents but as crimes, using tough statutes to charge the dealers who sold the drugs. Washington had never met the person who overdosed. But, facing a mandatory minimum prison sentence of 20 years for “distribution resulting in death,” he pleaded guilty to the lesser charge of distribution and is now serving a 15-year sentence in federal prison.

I thought about this the other day when it became clear that members of the billionaire Sackler family will most likely soon receive a sweeping grant of immunity from all litigation relating to their role in helping to precipitate the opioid crisis. Through their control of Purdue Pharma, the families of Raymond and Mortimer Sackler made a vast fortune selling OxyContin, a powerful prescription opioid painkiller that, like fentanyl, is a chemical cousin of heroin.

Though they are widely reviled for profiting from a public health crisis that has resulted in the death of half a million Americans, they have used their money and influence to play our system like a harp. It is hardly news that our society treats people like Darnell Washington with sledgehammer vengeance, and people like the Sacklers with velvet gloves.

But it’s worth asking: How did they pull this off?

For a long time, the families of Raymond and Mortimer Sackler simply evaded scrutiny, pruning their public image so that people knew about the philanthropic contributions like the Sackler Library at Oxford, but not about the source of their wealth. After the press started writing stories, in 2001, about how OxyContin had given rise to a wave of addiction, high-price spin doctors labored to keep the Sackler name out of the controversy.

As the death toll associated with OxyContin grew, Purdue continued to argue in its marketing campaign that the drug was rarely addictive. When journalists raised tough questions, the company sent its lawyers to intervene with their editors.

This “can I see your manager” approach works even with law enforcement. In 2006, federal prosecutors in Virginia were preparing to charge Purdue with felonies. They focused on three senior lieutenants who worked for the company, expecting them to flip on the Sacklers — the ultimate target, according to the lead prosecutor — when faced with potential prison time. But Purdue had enlisted two former U.S. attorneys, Rudy Giuliani and Mary Jo White. Ms. White telephoned Paul McNulty, who was then the deputy attorney general: “It’s Mary Jo White,” Mr. McNulty recalled recently. “It’s somebody who thought of herself as having access.”

The Justice Department informed the federal prosecutors in Virginia that they could not charge the executives with felonies, robbing them of their most significant point of leverage: the threat of jail. The executives did not cooperate with efforts to implicate the Sacklers; instead, they pleaded guilty to misdemeanors while maintaining that they had done nothing wrong. The company pleaded guilty to felony “misbranding” and paid a $600 million fine.

You would not be alone in detecting a whiff of La Cosa Nostra...

Still more at that top link.