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A fired McKinsey partner who says he was made a “scapegoat” for the firm's opioid work is expanding his claim for damages from the consulting firm following its $650 million legal settlement with the US government.
Arnab Ghatak claims McKinsey managing partner Bob Sternfels defamed him in a memo sent to employees and alumni after agreeing with the Justice Department this month, exacerbating previous defamatory statements made by Sternfels and the firm, according to court documents.
Ghatak was one of two partners fired in 2021 for violating the firm's professional standards over an email exchange that indicated the deletion of documents.
It turned out that the second partner, Martin Elling, had already deleted more than 100 files related to his work with him Purdue PharmaThe manufacturer of the drug OxyContin, this month agreed to plead guilty to a charge of obstruction of justice.
The former partner said on the day of the settlement that the absence of any Justice Department action against Ghatak “vindicates” his position that he had done nothing wrong.
Mackenzie agreed Paid $650 million To avoid criminal and civil charges regarding its work advising Purdue and other opioid manufacturers, including aiding health care fraud and obstruction of justice.
The consulting company has now agreed to pay more than $1.6 billion to federal, state and local authorities that alleged its marketing advice contributed to the crisis. epidemic Addiction that has claimed the lives of hundreds of thousands of Americans.
McKinsey says it regrets its work in the opioid field. In statements from the beginning colony With state authorities in 2021, it said it stopped working with opioid manufacturers, introduced new procedures for vetting consulting engagements, and fired two senior partners “for communicating document deletion.”
Ghatak sued the company earlier this year claiming his termination was unlawful and that he was used as a scapegoat at the time of the 2021 settlement. McKinsey and Sternfels' statements imply that he deleted the documents and are therefore defamatory, their lawsuit alleges.
According to court filings, Eling sent a letter to Ghatak in 2018, when US authorities were investigating Purdue, saying: “I just saw in the Financial Times that Jodi LeWent is being prosecuted by state attorneys general for her role on Purdue’s board. Perhaps it is from It makes sense to have a quick chat with the Risk Committee to see if we should do anything other than remove all our documents and emails no doubt, but when things get more difficult, someone may turn to us.
“Thanks for the heads up,” Ghatak replied. “I will”
the lawsuit He says Ghatak's response points to a review by senior leadership about the risks of serving Purdue.
Ghatak is seeking to add a new claim based on the events following a deferred prosecution agreement this month with the Justice Department.
“The DPA asserts that at no time did Dr. Ghatak commit any wrongdoing, including at no time improperly deleting documents,” a proposed amended complaint reads.
“Despite this unequivocal finding, McKinsey continues to defame Dr. Ghatak, cited in a memo distributed to current employees and alumni. . . . A total of approximately 100,000 people, Dr. Ghatak discussed the deletion of documents with another McKinsey partner. This was the statement The lie by McKinsey is a bold lie, especially since McKinsey itself has just admitted to obstructing the matter.
McKinsey responded: “We believe Dr. Ghatak’s claims are baseless, and nothing in his proposed new claims changes that.”
The company seeks to settle the case through arbitration rather than in open court, and has indicated that it will oppose Ghatak's attempt to expand the scope of the lawsuit. A New York judge will decide the admissibility of the amended complaint after a hearing next month.
