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The little guy usually gets destroyed for doing something unambiguously illegal that was unambiguously illegal at the time. Whereas the big guy gets a (proportionately) small fine for... well, ultimately the court decided they were breaking the law, but it was more a matter of making a judgement call the wrong way.

This case may be more clear-cut, but that's generally why you see these differences.




A while ago I did some reading about lawsuits against pharmaceutical companies that promoted unapproved uses of their drugs. There is a very good book about epo. According to that reading the main reason is they get small fines is that the government doesn't have the budget to go after big companies. They simply can't afford it and take what they can get.


You won't find any clear bright line violations there though. Doctors can prescribe drugs off-label. Pharmaceutical reps can talk about what other doctors have done, they just can't promote off-label uses. It's very much the kind of judgement call I was talking about.




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