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Criminal Law / Civil Law - Essay Example

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Criminal Law / Civil Law Name: Institution: Course: Tutor 1. Detailed account of the key facts surrounding the case Robert Ray Courtney, a former pharmacist, who owned and operated the Research Medical Tower Pharmacy in Kansas City, Missouri Robert Ray Courtney was born in Kansas in the year 1952 and was educated at Wichita High School…
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Download file to see previous pages In the year 2001 Courtney was accused of committing a felony of diluting medical prescription and selling them to patients including cancer patient. By the time of his arrest Courtney had done this crime for a period of over nine years. Whereby, in the year 2001 he was found guilty of committing pharmaceutical fraud and he was sentence to serve a jail sentence of 30years in the United States federal prison. In addition, he was accused of buying drugs from gray market (illegal market) at a price below the market price and later selling those drugs to patients after diluting them (Draber,2003). Additionally, Courtney used to manufacture drugs from scratch and later selling them to the patients and hence making their health condition to worsen. It has further been reported that suspicion developed concerning Courtney business in the year 1998 when the former pharmaceutical sales representative (Darryl Ashley) realized that Mr. Courtney was selling more Chemotherapy drugs to doctors in Research Medical Towers than the amount drugs they had supplied him. This raised a lot of queries regarding the source of his stock of drugs. Suspicion continued to develop when Doctor Hunter who used to order Chemotherapy from Courtney Pharmacy realized that the drugs that Courtney was supplying him were diluted. Afterwards Doctor Hunter reported the matter to both the Food and Drugs Administration and the Federal Bureau of investigation. Whereby, upon the investigation and testing it was found that more than one hundred thousand prescriptions issued by Courtney were diluted. It was found that Courtney had sold those drugs to four thousand two and hundred patients prior his arrest. During the arrest the Federal Investigation was supplied with the sample test that Doctor Hunter had tested indicating that Courtney had diluted them for an approximate 17 to 39 percent. On 13th August 2001, Police stormed in Courtney pharmacy and aligned him to court where he was found guilty of pharmaceutical fraud. Some victim witnesses such as Mary Rhoades could not understand why a millionaire, a Christian and a father of two could mess up the lives of Cancer patients. Mr. Courtney was so remorseful when his customer such as on the witness testimonies and admitted that he could not understand why he did the crime, the judge ruled by awarding him a 30 years sentence in the federal prisons (Draber, 2003). Discuss the aspects of contract law that apply to this case. The aspect of contract of law that apply in this are based on the sales of good contract that was established in the year 1989 between Mr. Robert Courtney a former Pharmacist in Kansas City at Research Medical Towers and a giant manufacturer of Pharmaceutical drugs who was commonly known as Mr. Eli Lilly. Whereby, the two parties entered into a contract where they agreed that Courtney will be supplied with Taxon and Gemzar drugs by Mr. Eli Lilly. The quantity and quality of drugs to be supplied to Courtney premises was clearly stated in the contract. The contract was signed and it remained unchanged. However, a former pharmaceutical sales representative (Darryl Ashley) who was an assistant of Mr. Eli Lilly realized that Mr. Robert Courtney had bridged the contract without their knowledge. Ashley realized that Courtney was ...Download file to see next pagesRead More
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