12 Jan

Insys Has Legal Issues Galore

WRITTEN BY Kenneth Smith

Indictment of the company’s founder

In December 2016, the U.S. Attorney’s Office for the District of Massachusetts issued an indictment against six former Insys (INSY) employees, which included the company’s former president, CEO, and director Michael Babich. This indictment was on charges including racketeering conspiracy, conspiracy to commit mail fraud, conspiracy to commit wire fraud, and conspiracy to violate the anti-kickback statute.

Insys Has Legal Issues Galore

In a superseding indictment in October 2017, the U.S. attorney’s office for the district of Massachusetts also added charges against the company’s founder and former president, CEO, and director, John Kapoor. After this indictment, Kapoor agreed to put his ownership in Insys common stock in a trust that would be controlled independently and resigned from the company’s board of directors. This would end his remaining involvement in the management of the company.

In February 2017, Insys’s former district sales manager in the Northwest was charged with violating the federal anti-kickback statute in the federal court of New Haven, Connecticut, in connection with interacting with health care professionals who prescribed the company’s product and served on its speaker bureau. In October 2017, a healthcare professional in Rhode Island who served on Insys’s speaker bureau related to the company’s speaker program, which aimed to educate and promote product awareness, pled guilty to health care fraud and conspiracy to receive kickbacks in relation to payments received from Insys of ~$188,000.

Paragraph four challenges

In June 2017, Insys received a “Paragraph Four” notice from Par Pharmaceuticals in relation to Insys’s product Syndros stating that the FDA received an ANDA (abbreviated new drug application) from Par. In August 2017, Insys filed a suit in the district court of Delaware claiming the ANDA was not sufficiently complete and alleged patent infringement.

In August 2017, Insys received a Paragraph Four notice from Teva Pharmaceuticals related to Subsys stating that the FDA received an ANDA from Teva. Insys has filed a suit in the district court of Delaware alleging patent infringement in September 2017.

Insurance litigation

Aetna (AET), Anthem (ANTM), and Humana (HUM) have filed an action suit against Insys in 2017, alleging charges, which include insurance fraud, civil conspiracy, common law fraud, and unjust enrichment. These charges are related to Insys’s product Subsys.

Insys makes up about 0.01% of the Vanguard Health Care ETF’s (VHT) total portfolio holdings.

Latest articles

Broadcom (AVGO) stock fell ~8.5% after markets closed yesterday following the semiconductor giant's fiscal 2019 second-quarter earnings release. It missed analysts' revenue estimate and cut its fiscal 2019 revenue guidance by $2 billion to $22.5 billion due to sluggishness in its semiconductor solutions business.

The SPDR Gold Shares ETF (GLD), which tracks physical gold prices, has underperformed the broader markets year-to-date, rising just 4.4% compared to the S&P 500’s (SPY) gain of 15.9% as of June 14. The sentiment for gold, however, has been turning around.

Safe havens such as Treasuries and gold were back in favor on June 14 as stocks fell due to rising tensions in the Middle East, concerns over growth, and the looming threat of the US-China trade war. The tech-heavy Nasdaq Composite Index fell 0.67% in the first hour of trading.

Lululemon (LULU) stock rose 2.1% on June 13 in reaction to better-than-expected first-quarter results and an upgraded outlook for fiscal 2019 overall. The company's first-quarter adjusted EPS grew 34.5% to $0.74 on revenue growth of 20.4% to $782.32 million. Analysts had expected EPS of $0.70 and revenue of $755.31 million. Here's why the outlook got an upgrade.

14 Jun

IEA Again Slashes Its Oil Demand Growth Estimate

WRITTEN BY Rabindra Samanta

As of 4:40 AM Eastern Time today, US crude oil active futures were at $51.83, ~4% below their closing level in the previous week. If US crude oil prices stay at those levels today, they'll mark their third week of decline in five weeks.

14 Jun

Why Kimberly-Clark Stock May Stop Rising


Kimberly-Clark (KMB) stock has risen 20.5% this year, boosted by the company’s better-than-expected sales and earnings during its last reported quarter. However, its stock could stop climbing. Here's why.