Friday, January 27, 2023

the last book I ever read (Empire of Pain: The Secret History of the Sackler Family, excerpt fifteen)

from Empire of Pain: The Secret History of the Sackler Family by Patrick Radden Keefe:

Curiously, a partisan divide emerged among the state prosecutors. Red state AGs were more inclined to go along with the deal the Sacklers were proposing, whereas blue state prosecutors wanted to fight for more. Some speculated that this might be due to how dire the need for emergency funds was in the red states, or to different political cultures—Republicans more inclined to accommodate corporate interests, Democrats more given to redistributionist zeal. But another factor might have been that behind the scenes the Sacklers were actively whipping votes. The family had long understood the physics of political influence and the value of a well-connected fixer. When they needed to make the threat of felony charges go away back in 2006, they deployed the former federal prosecutor Rudy Giuliani. Now that they were facing a cohort of angry attorneys general, they put a new fixer on the payroll: a former U.S. senator from Alabama, Luther Strange, who had previously served as state AG. Until 2017, Strange had been the chairman of a national group called RAGA, or the Republican Attorneys General Association. In the past, Purdue had donated generously to this group, and to its Democratic counterpart, giving the two organizations a combined $800,000 between 2014 and 2018. Remarkably, the company continued to contribute to both groups, even after declaring bankruptcy and even as virtually every state attorney general, Democrat or Republican, was suing them. During the summer of 2019, Luther Strange took part in a RAGA meeting in West Virginia as an emissary for the Sacklers and personally lobbied the Republican AGs in attendance to support a settlement.

To further complicate matters, the plaintiffs’ lawyers, like Mike Moore, who had brought suits against Purdue on behalf of local governments and served as key allies for those trying to hold the Sacklers to account, seemed inclined to accept the settlement as well. Plaintiffs’ lawyers work on a contingency basis, taking up to a third of any final settlement in fees, which means that they sometimes have incentives of their own to seize a multibillion-dollar settlement when it is on the table, rather than take the gamble of pushing for a larger and more just result and ending up with nothing. These attorneys also regarded the Purdue case as one piece of a larger litigation puzzle, in which they were pursuing separate suits against other drugmakers, wholesalers, and pharmacies. Some of the lawyers involved in the bankruptcy suspected that Mike Moore himself might have played a hand, behind the scenes, in conceiving the deal that the Sacklers proposed in Cleveland. It would be a compromise, in which the states would get some much-needed funds to address the crisis, the Sacklers would achieve an outcome they could live with, and the plaintiffs’ lawyers would collect hundreds of millions in fees. These suspicions proved correct: Moore acknowledged, in a subsequent interview, that working with another plaintiffs’ lawyer, Drake Martin, he had “put this deal together” for Purdue.

No comments:

Post a Comment