Advice of Counsel Defense Under Attack

Prosecutors have charged an attorney with Glaxo SmithKline with obstruction of justice and argue that the advice of counsel defense only applies to specific intent crimes where a defendant is charged with willfully violating the law. The attorney is accused of providing inaccurate information regarding Glaxo’s drug Wellbutrin during a Food & Drug Administration investigation. The government claims that the advice of counsel defense does not apply to charges of falsification and concealment unless the defense can prove that it relied on the information in good faith and gave counsel “full information”.