Indicted Generic Drug Price-Fixer Wants to Move Criminal Case to the Southern District of New York

Ara Aprahamian, a former executive of Taro Pharmaceuticals who is accused of engaging in a conspiracy to fix prices for generic prescription drugs, recently petitioned to move his criminal case from the Eastern District of Pennsylvania to the Southern District of New York.  See Mot. to Transfer, U.S. v. Aprahamian, 20-cr-00064-RBS (E.D. Pa.), ECF No. 33.  Mr. Aprahamian is accused of a range of anticompetitive conduct, including among other things:  allocating customers amongst competitors, communicating with competitors about non-public prices paid by customers, and communicating with competitors about the timing of price increases and agreeing to implement said price increases.  See Indictment ¶ 20, U.S. v. Aprahamian, 20-cr-00064-RBS (E.D. Pa.), ECF No. 1.  The drugs at issue include carbarnazepine extended release tablets, a medication used to prevent and control seizures; multiple formulations of clobetasol, a medication used to treat skin conditions; and fluocinonide gel and fluocinonide ointment, products used to treat skin conditions.  Id. at ¶ 20. 

Whether Mr. Aprahamian will be successful in transferring venue remains to be seen.  Judges generally have a fair amount of discretion in deciding such issues.  Judges may consider factors of convenience to the parties, such as the location of potential witnesses, counsel, and the events at issue, among other factors.