itinitrtl 5%tatrs ?tnatr WASHINGTON, DC 20510 August 22, 2018 The Honorable Jeff Sessions Attorney General US. Department of Justice 950 Avenue NW Washington, DC. 20530 Dear Attorney General Sessions, We write to request information regarding contacts between the Department of Justice (DOJ) and Giuliani Partners related to Purdue Pharma, including contacts pertaining to the criminal investigations into the fraudulent marketing of OxyContin, a powerful prescription opioid. As our nation?s opioid epidemic continues to grow, it is important to understand whether any con?icts of interest improperly in?uenced agency decision-making to the harm of future victims. The United States continues to combat the worst drug overdose epidemic in our history. An estimated 2.6 million Americans suffer from opioid use disorder and more than 42,000 people died from opioid-involved overdoses in 2016 alone, with early estimates for 2017 showing another dramatic increase. A contributor to the origins of this epidemic was the deceptive and fraudulent marketing of OxyContin by Purdue Pharma, which intentionally misled the public for over a decade about the drug?s potential for abuse and addictive impacts. According to reporting from the New York Times, federal prosecutors from the U.S. Attorney?s Of?ce for the Western District of Virginia recommended indicting several of Purdue Pharma?s top executives on felony charges after a four-year investigation and a review of several million of its intema] documents.l In a 2006 internal report, prosecutors concluded that Purdue Pharma knew of signi?cant abuse of OxyContin but concealed this information and used numerous false claims to market the drug.2 Instead of taking the case to trial and prosecuting Purdue Pharma and its executives, top political appointees at DOJ reportedly blocked these indictments.3 1 Barry Meier, ?Origins of an Epidemic: Purdue Pharma Knew Its Opioids Were Widely Abused,? New York Times May 29, 2018 available at 2 Id. 31d. It has also been reported-that 'Purdue'Pharma hired. Rudy Giuliani and hisconsulting firm Giuliani Partners in 2002 to-h'e'lp-with lobbying and to- influence of?cial-sat and-other Federal agencies!? Giuliani represented Purdue-Pharma in negotiations with DOJ in 2006', convincing its political--appointeestto reject career. prosecutors" recommendation'sand accept-a. guilty. plea to misdemeanm charges ofi'ntentionall'y The company and its executives paid a fine of $640 million in 2007. According to John'Brownlee, the U.S.. Attorney Who led the OXyContin probe, Giuliani successfullynegotiated aprovision in the plea agreement assigningfault to Purdue Pharma?s holding. company, Purdue Frederick, allowtng Purdue?Pharma to continue't'o do business-withfederal government programs such-as Medicaid, Medicare, andthe? Veterans Administration Health systefnf5 Giuliani also successfully negotiated- a. second concession that immunized Purdue from further prose'Cuti'o'n for any fraudulent activitybeyond the 2.001 dateagreed to in the. plea agreement, even. though Purdue?s fraudulent activity continued into 200?. While Giuliani. Partners: was negotiating with has been teported that Giuliani Partners Was also part eta- $1 million consulting contract with to provide advice. on reorganizing: its major drug investigations, and Mr. Giuliani waspersdnally-raising-money for a Drug .Entercernent Administration (DEA)museum.6 These facts suggest-DO] of?cialsmay'have agreed to an inappropriately lenient because it was represented by Mr Giuliani. "The public health consequencesef'that'decision may?have been immense, .and deserve greater-scrutiny by- Congress and 130.1,. lngorder to better understand-the roles _pharmaceutical companies, _'law.enforc'ement, and hired consultants played injthe federal govermnent?sires'ponse to- the opioid crisis Weaskthat you provide answers to the fellow-mg questions by September 2-1, 2013: Did Rudy; Giuliani, or other representatives of his Consultingtirrn Giuliani Partners, communicatewith DOJ about Purdue Pharma as part of settlement :ne gotizations between DUI and. Purdue. Pharnia regarding'Purdue?e fraudulent marketing of OxyContin?? If so, please provide a detailed description of each of these communications, .inc-luding'ithe" datesand individuals involved. "Were'any of?cials. inVolved in. the.2006 negotiations aware of'Giulianjis, consulting contract to adviseDOJ on reorganizing-its major drug inveStigations, or fundr'aisin'g fora DEA. museum? What steps were taken to. ensure that Giuliani?s other relationships. with DOJ and its components did noti'mproperly in?uenee plea negotiations?- ?i Barry Meier and Eric Lipton, ?Under. Attack, Drug Maker'T-Urned'to Giuliani for Helpraw York Times, Dec. .28, 2007 available 2K2 BfusipoliticszSexycoutin.html 5' Beth Macy, ?"'They 1{l?lfere All Lawyered'Up; and Rudy Giuliani?d Aug; 5,2?18 available" at .comfmagazinefstoryfl? 1:330 SIG'Si?osyco nti'n dope sjck-excerpt-E, 5'8 ?5 Ban}: Meier'a?nd Eric Lipton, ?Under Attack, Drug Maker-Turnedto Giuliani for Help,? New York Hines, Dec. 23, 200]l available at 3. Did any employee of DOJ ever raise concerns regarding potential con?icts of interest caused by Giuliani Partners? simultaneous representation of Purdue Pharma and consulting work for If so, please provide details and documentation surrounding those concerns and any responses thereto. How was decision to assign responsibility exclusively to Purdue Frederick, and not Purdue Pharma, consistent with DUI policies and procedures? We also request that you produce the following documents by September 21, 2018: l. A copy of the DOJ report detailing that Purdue Pharma knew of signi?cant abuse of OxyContin after the drug's introduction in 1996 and concealed that information, as referenced in the 2018 New York Times article, and all related documents. All documents, including internal and external communications, relating to the decision to enter into a plea agreement with Purdue executives instead of pursuing charges as recommended by prosecutors. . All documents, including internal and external communications, relating to Giuliani Partners? contacts with DOJ on the investigation into Purdue Pharma?s fraudulent marketing of OxyContin. All documents relating to the consulting contract with Giuliani Partners on reorganizing major drug investigations, as referenced in the 2007 New York Times article. Thank you for your attention to this important matter and we look forward to your prompt response. Sincerely, ?We? 1% MW Margaret Wood Hassan Whitehouse United States Senator United States Senator sauna ,%tatzs Earned WASHINGTON, DC 20510 August 22, 2018 Acting Administrator Uttam Dhillon United States Drug Enforcement Administration 3701 Morrissette Drive Spring?eld, VA 22152 Dear Acting Administrator Dhillon, We write to request information regarding contacts between the Drug Enforcement Administration (DEA) and Giuliani Partners related to Purdue Pharma, including contacts pertaining to the criminal investigations into the ?'audulent marketing of OxyContin, a powerful prescription opioid. As our nation?s opioid epidemic continues to grow, it is important to understand whether any con?icts of interest improperly in?uenced agencyr decision-making to the harm of future victims. The United States continues to combat the worst drug overdose epidemic in our history. An estimated 2.6 million Americans suffer from opioid use disorder and more than 42,000 people died from opioid-involved overdoses in 2016 alone, with early estimates for 2017 showing another dramatic increase. A contributor to the origins of this epidemic was the deceptive and fraudulent marketing of OxyContin by Purdue Pharma, which intentionally misled the public for over a decade about the drug?s potential for abuse and addictive impacts. According to reporting from the New 1" ork Times, federal prosecutors from the US. Attorney?s Of?ce for the Western District of Virginia recommended indicting several of Purdue Phanna?s top executives on felony charges a?er a four-year investigation and a review of several million of its internal documents.1 In a 2006 internal report, prosecutors concluded Purdue Pharma knew of significant abuse of OxyContin but concealed this information and used numerous false claims to market the drug.2 Instead of taking the case to trial and prosecuting Purdue Pharma and its executives, top political appointees at DOJ reportedly blocked these indictments.3 1 Barry Meier, ?Origins of an Epidemic: Purdue Pharma Knew Its Opioids Were Widely Abused,? New York Times May 29, 2018 available at . 2 Id. 3 id. It has also-been rep'orted'that Purdue Pharma hired Rudy Giuliani and his clensul'ting ?rm Giuliani Partners in 2002 to'he'lp With lobbying and .toin?u'ence of?cials and other federal agencies;4 Giuliani represented Purdue Pharma. in negotiations with convincing its political. appointees to reject career prosecutors? recommendations andaccept a guilty plea to misdemeanor charges,ofintentionally The: company and its eXeCutive?s paid a fine of millionin-ZUUT. According'to John Brownlee, the.U.S-. Attorney who led the Oxycontin probe, Giuliani, successfully negotiated-a provision in the plea agreementassigningfault to Purdue 'Phanna?s holding. company, Purdue. Frederick, allowing Purdue Pharma to continue to do business with federal goverrunent programs such as; Medicaid, Medicare, and the Veterans Administration Health system: Giuliani also successfully negotiated- .eoncession that immunized Purdue from- further prosecution for any fraudulent. activity beyond the 2001 date agreed to in the plea agreement, even though Purdue?s fraudulent . activity continued Public-reports also indicate that Giuliani participated in? two meetings bet-ween Purdue of?cials and Asa Hutchinson, thenhead when the compruiy.?S Several topstaffersat DEA reportedly'recommended that the agency impose severe sanctions against restrictions on how much OxyComin 'it'could make? According tho-reports, after-the meetings with Giuliani, Hutchinson asked to be briefed several times on the inquiry into Purdue. Instead of DEA placing sanctions :on Purdue, DEA ?ned Purdue $2 million for record keeping violations and Purdue admitt?edn?o wrongdoing, It appears Purdue was able to? from the original $20 million recommended by Laura Nagel, the DEA of?cial Who agency?s investigation into Purdue?smanufacturingof Os'yContin. While Giuliani was negotiating on behalf of Purdue Pharma-withDEA, it has been reported that he was also helping the agenciy'r'ais'e money for a DEA museums These facts suggest DEA officials may have agreed to an inappropriately lenient treatment. of Purdue Pharma simply'because it avasrepresented by Mr. Giuliani. The public health consequences of-that decision. may have been'iinmense, and deserve. greater scrutiny byC'o?ngress and DEA, In order to better" understand-the-ro'le's pharmaceutical companies; law enforcement,- and- hired consultants-played in the federal governmentis response to the opioid crisis we ask.that you provide answers to the following questions- by September 21, 2018: *1 .Barr?y Meier-and Eric Lipton, ?Under-Attack, Dru g; Maker Turned to. Giuliani for Helpf'New for}: Times, Dec. .28, 2007 available-at 2f28fuslpolitics'r'2 5- Beth Macy, ?They Were All Lawyered'Up and Rudy Giuliani-?d Up,? Politico,-Au g. 5,201.8 available at doip 9.158 I 5'Barry Meier and?Eric Lipton, DrugMaker'Turned to Giuliani for Help,? New York Times, Dec. 28, 2007 available at, 1d. '3 ld. Did Rudy Giuliani, or other representatives of his consulting ?rm Giuliani Partners, communicate with DEA regarding any actions the agency was considering taking against Purdue Pharma pertaining to OxyContin? If so, please provide a detailed description of these communications, including the dates and individuals involved. Were any DEA of?cials involved in negotiations with Giuliani aware of his efforts to raise money for a DEA museum? What steps were taken to ensure that Giuliani?s efforts did not improperly influence enforcement actions? Did any employee of DEA ever raise concerns regarding potential con?icts of interest caused by Giuliani Partners? simultaneous representation of Purdue Pharma and connection to other projects within the agency? If so, please provide details of those concerns. How was decision not to follow the recommendations of top agency of?cials and place severe sanctions on Purdue Pharma, such as placing limits on how much OxyContin could produce, or accept a substantially lower ?ne than originally recommended by Laura Nagel, consistent with DEA policies and procedures? We also request that you produce the following documents by September 21, 2018: 1. All documents, including internal and external communications, relating to recommendations made by DEA of?cials to impose sanctions on Purdue Pharma, including possible restrictions on how much OxyContin it could make. All documents, including internal and extemal communications, relating to Giuliani Partners? contacts with DEA on the investigation into Purdue Pharma and OxyContin. All documents relating to efforts to raise funds for a museum in consultation with Rudy and Giuliani Partners, as referenced in the 2007 New York Times article. Thank you for your attention to this important matter and we look forward to your prompt response. Sincerely, WM Margaret Wood Hassan 3115113163 Whitehbuse United States Senator United States Senator