On April 27, 2020, U.S. District Judge Allison D. Burroughs ruled the prison report date of Insys Therapeutics Inc. Founder John Kapoor will be delayed until July 21. According to a report by Law360, Attorney Martin G. Weinberg and five other attorneys who represented Dr. Kapoor argued that having their client report to prison during the COVID-19 pandemic to start serving his 66-month sentence is “baseless and cruel.”
The prosecution said the Insys founder was a flight risk and should report to prison on May 19, claiming his resources and wealth enable him to easily flee the country and live a similar, sustainable lifestyle overseas. Prosecutors also cited the case of Carlos Wanzeler, the co-founder of TelexFree Inc. who was accused of taking part in a $3 billion Ponzi scheme and fled to South America and spent years there prior to getting arrested again last year.
Dr. Kapoor's legal team contended that Wanzeler is a Brazilian citizen who failed to appear in court. On the other hand, Dr. Kapoor is a U.S. citizen who has appeared at every scheduled court hearing for the past two and half years after initially being arrested.
In addition, Dr. Kapoor is 76 years old with a preexisting health condition, which makes him particularly vulnerable to COVID-19. In regard to fleeing to his native India, his attorneys said he would have to obtain a new passport, take multiple flights, and live in a crowded country where social distancing can prove more difficult than staying in his home in Arizona.
Lastly, the prosecution previously pushed back the prison report dates for four other former Insys executives, who were convicted with Dr. Kapoor. His legal team explained their client was unfairly singled out for harsher treatment compared to his co-defendants.
Judge Burroughs, who has presided over the trial, also rejected a government motion to have Dr. Kapoor taken into custody following his sentencing in January. Furthermore, a magistrate judge who started handling the Kapoor’s case also said he wasn’t a flight risk.
If you’re facing a federal criminal investigation or you wish to seek early release for a loved one currently behind bars during the COVID-19, contact Martin G. Weinberg, Attorney at Law today at (617) 227-3700 to let our firm review your case. Get one of the nation’s most prominent and insightful criminal and appeals attorneys on your side.