A grand jury indicted her on identical charges this past November, but those charges were dropped in March after U.S. District Judge Roger Titus concluded that prosecutors wrongly advised a grand juror about the law supporting the charges.
Stevens pleaded not guilty to the earlier round of charges and put up a vigorous defense that led to them being dismissed, though Titus' March 23 decision left open the possibility of having the charges re-filed by dismissing them without prejudice. Stevens has not yet entered a plea in the new charges, and her attorney, William Hassler, could not be reached for comment Thursday afternoon.
GlaxoSmithKline has not been charged with any crime related to the investigation, though the company took a $400 million charge to its 2008 fourth-quarter results in anticipation of a settlement.
Prosecutors say Stevens failed to hand over slides that Glaxo-employed physicians used to allegedly promote off-label uses of the drug. However, Stevens has said in court records that she was advised in good faith by her attorneys not to hand over the material.
In dismissing the first round of charges, Titus said defendants can use only the “advice of counsel” defense in cases where they would not have otherwise known their conduct was illegal. However, Titus also ruled that prosecutors “misinstructed” a grand juror who asked a question about that central legal point, casting doubt on whether the grand jury would have returned an indictment if he'd been properly instructed on the law.