John Kapoor, billionaire founder of Insys Therapeutics, can rid himself of his cumbersome electronic monitoring device to take his daily jogs just so long as he doesn’t try to run out of the country, a Massachusetts federal judge ruled. Kapoor, who is facing charges that his company bribed doctors to needlessly prescribe his company’s fentanyl-based opioid spray, said the GPS-enabled device makes it “virtually impossible for him to run,” his attorneys said.
The device “interferes with a lot of things, including jogging, but rest assured he’s not running from the case,” his attorneys said to U.S. Magistrate Judge Jennifer Boal. Judge Boal granted the request after finding that the government didn’t show that Kapoor was a flight risk.
Kapoor is a naturalized American citizen who has lived in the U.S. for more than 50 years. There was no evidence that he attempted to flee the country while the investigation closed in on his company’s employees and, later, him. He also willingly turned over his passport.
Kapoor and six Insys executives are facing conspiracy charges. All have pled not guilty. Those charged are accused of maliciously marketing Subsys, an under-the-tongue spray version of the powerful euphoria-educing opioid fentanyl. The drug is only intended for breakthrough pain in cancer patients, and requires prior approval from insurance companies before coverage is granted.
Insys sales reps were accused of paying kickbacks to doctors to prescribe the drug for off-label uses like chronic back pain, and for fielding calls from insurance companies making them believe the drug was prescribed for breakthrough cancer pain when it was not.
If found guilty, Kapoor faces a maximum 65 years in prison in what prosecutors say was an attempt to profit off the growing opioid epidemic with its highly addictive fentanyl drug.
On Oct. 26, Kapoor posted a $1 million bond and was released under the condition he wear the GPS-enabled ankle monitor.