Benjamin Waidhofer, instructed by James Mullion at Janes Solicitors, was instructed to defend both a corporate and its director in respect of a prosecution which followed a lengthy investigation by the Medicines and Healthcare products Regulatory Agency.

Following a 3-year investigation dating in relation to conduct between 2015 and 2020, both the Director and the Corporate were summonsed to court in relation to allegations of possessing controlled drugs with intent to supply to another contrary to the relevant provisions of the Misuse of Drugs Act 1971.

In substance, the case was targeted at the substantial wholesale export of medicinal controlled drugs by the corporate without either the necessary wholesale dealer’s licence which would be granted by the MHRA or the necessary Home Office licence.  The export of controlled drugs included over:

1. 360 litres of morphine sulfate (a controlled drug of Class A);
2. Over 800,000 tablets of dihydrocodeine (a controlled drug of Class B);
3. Over 1.1 million tablets of Co-Codamol (a controlled drug of Class B); and
4. Over 2.5 million tablets of Tramadol (a controlled drug of Class C).

Benjamin was instructed to advise upon the territorial reach of the Misuse of Drugs Act 1971 and, shortly after his instruction, the prosecution accepted that offences contrary to the Misuse of Drugs Act 1971 were inappropriate.  Instead, the prosecution sought to proceed with 12 allegations contrary to section 170 of the Customs and Excise Management Act 1970 (CEMA), relating to a dishonest intent to export the Class A, Class B and Class C drugs in question.

Following Benjamin’s further representations, the prosecution agreed to resolution of the indictment through the Director’s plea of guilty to three regulatory offences contrary to the Human Medicines Regulations 2012.

Both the director and the corporate were represented by Benjamin Waidhofer at sentence before HHJ Gumpert at the Woolwich Crown Court.  The director received a Community Order and the corporate, falling to be sentenced for three offences contrary to CEMA, received a total fine of £5,500.

Benjamin successfully resisted an application for a Director’s Disqualification which had been sought by the prosecution.

The practical difficulties encountered by wholesale pharmaceutical corporates are well known.  Benjamin is frequently sought out to advise upon the most high profile cases of considerable factual and legal complexity which straddle the criminal/civil jurisdiction.  He is  regularly instructed both by private individuals and corporations  in the course of challenging orders obtained by – and subsequent conduct of – agencies such as the Serious Fraud Office, the National Crime Agency and HMRC. Any queries about this matter, or any other, ought to be addressed to .