Bradley Partner Ty Howard Quoted in Bloomberg BNA on Probe of FDA’s Criminal Investigations Office

Bradley attorney Ty Howard was quoted in Bloomberg BNA on a House panel probe of the Food and Drug Administration’s (FDA) Office of Criminal Investigations (OCI). Leaders of the House Energy and Commerce Committee have asked for information about management and oversight, including a request for arrest and conviction rates, illustrating the tension between the FDA’s mission to protect public health and safety and its law enforcement function.

“That tension is one many law-enforcement agencies have to balance,” Howard said, “but it can be particularly tough with a hybrid agency such as the FDA.” For example, an early disclosure in an investigation that might serve FDA's regulatory function could potentially jeopardize a criminal investigation. The committee's questions about the timing of opening cases, procedures, and arrest and conviction numbers likely reflect the committee's concern in this regard, Howard explained.

“The letter reflects a concern over FDA OCI's internal management and structure and, more broadly, about OCI's mission and priorities,” Howard said. “Overall, this appears to me to be appropriate congressional oversight to determine whether an agency is effectively and efficiently fulfilling its mission.”

The complete article, “House Panel Probes FDA’s Criminal Investigations Office,” appeared in Bloomberg BNA on September 22, 2016. (login required)