Noncriminal Advice Not a Crime

Source: Common Sense
by Paul Jacob

“I have now learned, or relearned, that doing legal things may well be illegal. A recent example of the legal-is-illegal syndrome is the apparent criminalization, ex post facto, of helping your clients legally promote their legally vendible wares. According to an April 2024 Wall Street Journal report, the consulting firm McKinsey is in trouble with the Justice Department for advising Purdue on how to sell more of its drug OxyContin, which is legal to sell. The Department has criminally opened a criminal investigation into McKinsey’s ‘role in advising’ opioid manufacturers like Purdue ‘on how to boost sales.’ McKinsey consultants suggested pitching more to doctors who prescribe OxyContin the most, pitching less to docs who don’t prescribe it. Which part of this shockingly standard advice is the criminal activity?” (07/05/24)