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Former President of Purdue Pharma; Convicted of Federal Misbranding Charges (2007)
Purdue Pharma president who pleaded guilty to misbranding OxyContin and was recommended for felony prosecution in the Ogrosky memo but received only community service
Michael Friedman served as president and chief executive of Purdue Pharma during the period when OxyContin was aggressively marketed with false claims about its addiction risk. As the company's senior operational executive, Friedman was responsible for executing the marketing strategy directed by the Sackler family that portrayed OxyContin as less addictive than competing opioids using the fabricated "less than one percent" addiction claim. In October 2006, Kirk Ogrosky, Deputy Chief of the DOJ Fraud Division, wrote an internal memorandum recommending that Friedman be charged with felonies including wire fraud and money laundering based on evidence that Purdue executives had committed multiple federal crimes to boost OxyContin sales. Instead of pursuing felony charges, the DOJ negotiated a plea agreement. On May 10, 2007, Friedman pleaded guilty to a single misdemeanor count of misbranding OxyContin "with the intent to defraud or mislead." He was sentenced to 400 hours of community service in drug treatment programs and paid a personal fine as part of a combined $34.5 million penalty shared with co-defendants Howard Udell (general counsel) and Paul Goldenheim (chief medical officer). Friedman received no prison time. The 2007 plea was widely criticized as inadequate given the scale of harm caused by Purdue's marketing, by that time, hundreds of thousands of Americans were addicted to OxyContin and overdose deaths were climbing rapidly. Purdue as a corporation paid $634.5 million. The Ogrosky memo, which was not made public until years later, demonstrated that prosecutors believed the evidence supported far more serious charges than what was ultimately pursued.
Ogrosky memo (October 2006) recommended felony charges including wire fraud and money laundering against Friedman, but DOJ instead accepted misdemeanor plea
Pleaded guilty to misbranding OxyContin "with the intent to defraud or mislead" but received only 400 hours of community service, no prison time
As president, was responsible for executing the marketing strategy that falsely claimed OxyContin addiction risk was "less than 1%"
Combined personal fine of $34.5 million (shared with Udell and Goldenheim) was a fraction of OxyContin revenue during his tenure
Purdue's 2007 corporate guilty plea of $634.5 million did not slow OxyContin marketing; the company generated over $35 billion total revenue
No Sackler family member was charged in the 2007 case despite directing the marketing strategy Friedman executed
1 documented violations
21 U.S.C. § 331, FDCA MisbrandingPurdue general counsel who pleaded guilty to misbranding alongside Friedman in 2007; shared $34.5M personal fine
Purdue chief medical officer who pleaded guilty to misbranding alongside Friedman in 2007
Sackler family patriarch who directed the OxyContin marketing strategy that Friedman executed as president
Successor Purdue CEO who oversaw the company's second guilty plea in 2020
3 documented sources from official records, investigations, and reports
2006-10
Kirk Ogrosky, DOJ Fraud Division Deputy Chief, writes internal memo recommending felony charges (wire fraud, money laundering) against Friedman and other Purdue executives
2007-05-10
Pleads guilty to federal misbranding charge; Purdue pays $634.5 million corporate fine; Friedman shares $34.5 million personal fine with Udell and Goldenheim
2007
Sentenced to 400 hours of community service in drug treatment programs; receives no prison time despite Ogrosky memo recommending felonies
2020-10-21
Purdue Pharma pleads guilty a second time to three federal charges including conspiracy to defraud the United States; $8.3 billion settlement