May 22 (Bloomberg) -- Former Lehman Brothers Holdings Inc. Managing Director Bradley H. Jack is in talks with Connecticut prosecutors that include a possible plea bargain to a drug-prescription forgery charge, his lawyer said.
Jack, 53, who pleaded not guilty March 21 and is free on bail, appeared before Norwalk Superior Court Judge Maureen Dennis, who set a pretrial hearing for June 19. Defense attorney Robert Golger said today he has been in “discussions” with prosecutors and confirmed the talks included the possibility of a plea bargain, which he said was “routine.” Golger said he has received “no specific offer” from the Connecticut State’s Attorney’s Office, adding “we are at an impasse.”
Jack was arrested and charged in March with second-degree forgery for a November incident in which he allegedly altered the date on a prescription for Vyvanse, used to treat attention deficit hyperactivity disorder, at a CVS Caremark Corp. pharmacy in his home town of Westport.
The state prosecutors’ office declined to comment. Jack was arrested last June in a separate incident after allegedly trying to pass forged prescriptions for Ritalin and the painkiller Oxycontin, according to police in Fairfield, Connecticut. He had received treatment for cancer, used a valid prescription in the past and had no prior criminal record, Golger said last year.
Jack joined New York-based Lehman in 1984 and ran investment banking from 1996 to 2002, when he became co-chief operating officer with Joseph Gregory. In 2004, he was named to the office of the chairman with the responsibility of overseeing all of the firm’s investment-banking relationships. Jack decided to retire to pursue work in the nonprofit sector and spend time with his family, Richard Fuld, the bank’s chief executive at the time, said in June 2005. The company went bankrupt in 2008.
Following his June arrest, Jack was allowed to enter a so-called accelerated rehabilitation, or AR, a program available to people charged with less-serious crimes that might result in prison time. At an August hearing, Superior Court Judge Earl B. Richards III in Bridgeport said if Jack avoided arrest for a year, the prosecution would be suspended.
In that case, he was charged with second-degree forgery and attempting to obtain a controlled substance through forgery or alteration of a prescription or a written order. Forgery, the more serious count, is punishable by as long as five years in prison and a $5,000 fine.
In the latest prosecution, Jack admitted to police that he altered the prescription, according to the arrest affidavit. He told police his psychiatrist is blind and his assistant, who fills out the prescriptions, put the wrong effective date on the Vyvanse prescription. In October, the doctor switched Jack from Ritalin to 50-milligram pills of Vyvanse.
Golger said last month of the instant case that “it’s his own prescription and it was for the proper dosage. There’s clearly no intent to defraud.”
The case is Connecticut v. Jack, S20N-CR12-0131552-S, Connecticut Superior Court (Norwalk). The earlier case is Connecticut v. Jack, F02B-CR11-0258280-S, Connecticut Superior Court (Bridgeport).
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