Court upholds fraud conviction of ex-drug company official

03/5/2013 | Bloomberg Businessweek

A panel of the 9th U.S. Circuit Court of Appeals upheld the fraud conviction of Scott Harkonen, former CEO of InterMune, for distributing misleading information about the clinical trial of Actimmune, a drug he publicized as a lung disease treatment. Three judges rejected the free speech arguments of Harkonen, saying fraudulent speech is not protected by the First Amendment.

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