Subject: Ex-Drug Researcher Sentenced to 9 Years In a Conspiracy Case
Date: Published: 6/3/91 (50 lines)
Source: Wall Street Journal. Copyright Dow Jones & Co. Inc.

    Ex-Drug Researcher
    Sentenced to 9 Years
    In a Conspiracy Case

    NEWARK, N. J. (AP) -- A former drug researcher was
 sentenced to nine years in prison for conspiring to sell
 trade secrets in what prosecutors called one of the nation's
 largest industrial espionage cases.
    Bernard Mayles was convicted in March of conspiring to
 sell formulas for ivermectin and interferon to an undercover
 agent of the Federal Bureau of Investigation for $8 million.
 The drugs have taken in billions of dollars in sales.
    "Whatever leniency you can give I'd certainly appreciate,"
 Mr. Mayles told U. S. District Judge Alfred Lechner.
    The judge had sharp words for Mayles, a former researcher
 for Merck & Co. and Schering-Plough Corp. 
    "The fact that you committed your crime with your
 intellect is no more acceptable than if the crime had been
 committed with a gun," Judge Lechner said.  "I doubt that
 there are few crimes, in terms of monetary theft, that reach
 this magnitude."
    In addition to the prison term, Mr. Mayles, 57 years old,
 was fined $2,500.  Federal sentencing guidelines call for a
 sentence of eight to 10 years.
    Mr. Mayles spent 11 years at Merck and five at
 Schering-Plough.  He was convicted with Mario Miscio, 63, but
 Mr. Miscio's sentencing was postponed until June 13 while he
 is examined for possible cancer.
    Testimony during their nine-day trial showed the companies
 spent hundreds of millions of dollars to develop each drug.
    Both men were found guilty of one count of conspiracy,
 eight of wire fraud, two of mail fraud and one of interstate
 transportation of stolen property.
    Ivermectin is a leading anti-parasitic drug developed and
 marketed by Merck with sales of more than $500 million a
 year.  Interferon, made by Schering-Plough, has shown promise
 in treating cancer, hepatitis and ailments associated with
 AIDS.  Its sales have reached $150 million yearly and have
 been growing.
    In urging a stiff sentence, Assistant U. S. Attorney Kevin
 McKenna told the judge that a message had to be sent out to
 deter others.

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