The Curious Case of the Prosecution of Lawyer Paul Kellogg

The indictment, trial, conviction and sentencing of Paul Kellogg, the former in-house counsel for Berkeley Nutraceuticals, could be the plot of a movie. Even after the trial and sentencing, whether Kellogg is cast as a criminal mastermind or unwitting dupe remains an open question. Regardless, Kellogg’s case contains lessons for inside and outside counsel and others.

While the prosecution of lawyers in other industries, particularly in connection with financial crimes, is no longer unheard of, Kellogg’s conviction is one of, at most, a handful of criminal cases against in-house lawyers arising out of Federal Food, Drug, and Cosmetic Act (FDCA) violations.