Opioid Work Led To Resignation
The New York Appellate Division for the First Judicial Department has accepted an attorney’s resignation
On January 10, 2024, respondent pleaded guilty, in the United States District Court for the Western District of Virginia to one felony count of Destruction, Alteration, or Falsification of Records in Federal Investigations and Bankruptcy, in violation of 18 USC § 1519. During his plea hearing, respondent admitted that he deleted documents with the intent to impede state and federal investigations. Respondent is scheduled to be sentenced on April 4, 2025.
By motion dated January 30, 2025, respondent seeks an order, pursuant to Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.10, accepting his resignation as an attorney and counselor-at-law in the State of New York on the ground that the offense of which he was convicted is a “serious crime” as defined by Judiciary Law § 90(4)(d). In support of his application, respondent submitted an affidavit, sworn to January 21, 2025, which conforms to the format set forth in Appendix A to 22 NYCRR 1240.10, and states that he does “not wish to contest the ability of the [AGC] to seek and obtain [his] removal from the roll of attorneys and counselors-at-law based upon [his] guilty plea”; and he “cannot successfully defend against the charge based upon the facts and circumstances of [his] professional conduct.”
The criminal case was described in a press release from the United States Attorney’s Office for the Western District of Virginia
A former senior partner at McKinsey & Company, a global management consulting firm based in New York, N.Y., that last month agreed to pay $650 million to resolve criminal and civil investigations into the firm’s consulting work with opioids manufacturers, including Purdue Pharma, L.P., pled guilty today to obstructing justice related to his work on Purdue matters.
Martin Elling, 60, a U.S. citizen residing in Bangkok, Thailand, waived his right to be indicted and pled guilty today to a one-count Information charging him with knowingly destroying records with the intent to impede, obstruct, and influence the investigation and proper administration of a matter within the jurisdiction of the United States Department of Justice.
“Today’s guilty plea moves us forward in holding accountable not only those corporations responsible for the opioid crisis in America, but also the executives that have exacerbated the tragedy,” Acting United States Attorney Zachary T. Lee said today. “This prosecution would not have been possible without the efforts of many- including the U.S. Attorney’s Offices in Boston and here in the Western District of Virginia, but also the countless hours of work by the Medicaid Fraud Control Unit of the Virginia Attorney General’s Office, the Department of Justice Civil Division, FDA, HHS, the Veteran’s Administration-OIG and the FBI. A matter this significant takes a team and we had a great one. I am thankful to each and every person who put in the time to make this prosecution happen.”
“Mr. Elling’s guilty plea is a significant step in our ongoing efforts to address the full scope of misconduct that fueled the opioid epidemic. By attempting to obstruct and influence the investigation into McKinsey’s work with Purdue Pharma, Mr. Elling sought to undermine justice and shield evidence about his and McKinsey’s role in this devastating public health crisis,” said Joshua S. Levy, United States Attorney for the District of Massachusetts. “The Department of Justice remains steadfast in our resolve to ensure that those whose conduct contributed to this epidemic are held fully accountable for their actions.”
(Mike Frisch)