Inspections, Compliance, Enforcement, and Criminal Investigations
[Federal Register: March 11, 1997 (Volume 62, Number 47)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket No. 93N-0252]
Atul Shah; Grant of Special Termination; Final Order Terminating
AGENCY: Food and Drug Administration, HHS.
SUMMARY: The Food and Drug Administration (FDA) is issuing a final
order under the Federal Food, Drug, and Cosmetic Act (the act) granting
special termination of the debarment of Dr. Atul Shah, 20 Hampton
Hollow Dr., Perrineville, NJ 08535. FDA bases this order on a finding
that Dr. Shah has
provided substantial assistance in the investigations or prosecutions
of offenses relating to a matter under FDA's jurisdiction, and that
special termination of Dr. Shah's debarment serves the interest of
justice and does not threaten the integrity of the drug approval
EFFECTIVE DATE: March 11, 1997.
ADDRESSES: Submit written comments to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857. Comments should be identified with the docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Diane Sullivan-Ford, Center for Drug
Evaluation and Research (HFD-7), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-2041.
SUPPLEMENTARY INFORMATION: In a Federal Register notice dated December
5, 1994 (59 FR 62399), Dr. Atul Shah, the former Director of Analytical
Research and Development at Par Pharmaceutical, Inc. (Par), was
permanently debarred from providing services in any capacity to a
person with an approved or pending drug product application (21 U.S.C.
335a(c)(1)(B) and (c)(2)(A)(ii) and 21 U.S.C. 321(dd)). The debarment
was based on FDA's finding that Dr. Shah was convicted of a felony
under Federal law for conduct relating to the development, or approval
of any drug product, or otherwise relating to the regulation of a drug
product (21 U.S.C. 335a(a)(2)). On March 30, 1995, Dr. Shah applied for
special termination of debarment, under section 306(d)(4) of the act
(21 U.S.C. 335a(d)(4)), as amended by the Generic Drug Enforcement Act.
Under section 306(d)(4)(C) and (d)(4)(D) of the act, FDA may limit
the period of debarment of a permanently debarred individual if the
agency finds that: (1) The debarred individual has provided substantial
assistance in the investigation or prosecution of offenses described in
section 306(a) or (b) of the act or relating to a matter under FDA's
jurisdiction; (2) termination of the debarment serves the interest of
justice; and (3) termination of the debarment does not threaten the
integrity of the drug approval process. Special termination of Dr.
Shah's debarment is discretionary with FDA.
FDA considers a determination by the Department of Justice
concerning the substantial assistance of a debarred individual
conclusive in most cases. At Dr. Shah's sentencing, the Assistant U.S.
Attorney prosecuting Dr. Shah, recommended a reduced sentence based on
Dr. Shah's ``substantial assistance'' to the Government in its
investigation. Accordingly, FDA finds that Dr. Shah provided
substantial assistance as required by section 306(d)(4)(C) of the act.
The additional requisite showings, i.e., that termination of
debarment serves the interest of justice and poses no threat to the
integrity of the drug approval process, are difficult standards to
satisfy. In determining whether these have been met, the agency weighs
the significance of all favorable and unfavorable factors in light of
the remedial, public health-related purposes underlying debarment.
Termination of debarment will not be granted unless, weighing all
favorable and unfavorable information, there is a high level of
assurance that the conduct that formed the basis for the debarment has
not recurred and will not recur, and that the individual will not
otherwise pose a threat to the integrity of the drug approval process.
Based on a thorough analysis of the available evidence, Dr. Atul
Shah has demonstrated that termination of his debarment serves the
interest of justice and will not pose a threat to the integrity of the
drug approval process.
Under section 306(d)(4)(D) of the act, the period of debarment of
an individual who qualifies for special termination may be limited to
less than permanent but to no less than 1 year. Dr. Shah's period of
debarment, which commenced on December 5, 1994, has lasted more than 1
year. Accordingly, the Deputy Commissioner for Operations, under
section 306(d)(4) of the act and under authority delegated to him (21
CFR 5.20), finds that Dr. Atul Shah's application for special
termination of debarment should be granted, and that the period of
debarment should terminate immediately, thereby allowing him to provide
services in any capacity to a person with an approved or pending drug
product application. The Deputy Commissioner for Operations further
finds that because the agency is granting Dr. Shah's application, an
informal hearing under section 306(d)(4)(C) of the act is unnecessary.
As a result of the foregoing findings, Dr. Atul Shah's debarment
is terminated, effective (insert date of publication in the Federal
Register) (21 U.S.C. 335a(d)(4)(C) and (d)(4)(D)).
Dated: February 27, 1997.
Michael A. Friedman,
Deputy Commissioner for Operations.
[FR Doc. 97-6066 Filed 3-10-97; 8:45 am]
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