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United States v. FedEx Corporation



Despite FedEx’s long history of cooperating with and assisting law enforcement’s investigation of online pharmacies, the federal government criminally charged the company with intentionally shipping illegally prescribed online prescription drugs.

Our Role

Despite facing an 18-count indictment and up to $1.6 billion in fines, FedEx knew it was not guilty, declined to enter a non-prosecution agreement, and assembled a legal team, including IMS Consulting & Expert Services, to prove the overnight delivery company had done nothing illegal. Over a two year period, IMS assisted with trial strategy, jury consulting, and trial graphic services. This included hosting brainstorming and strategy sessions, developing and executing multiple jury research projects, and assisting with juror analysis. IMS also worked closely with lead attorney Cris Arguedas to develop her opening statement.

Case Results

In what The Wall Street Journal described as “FedEx’s vindication…fighting the governments unjust prosecution”, shortly after opening statement, the DOJ abruptly dismissed its case against FedEx. U.S. District Court Judge Charles R. Breyer determined, FedEx “was factually innocent.” The Judge also praised the defense team members for their “professionalism” and “exceptional competence” in focusing the Court on the issues that were really germane.

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