OPINION & ORDER Defendants Gordon Freedman, Jeffrey Goldstein, and Dialecti Voudouris (the “Defendants”) are charged with conspiracy to violate the Anti-Kickback Statute, in violation of 18 U.S.C. §371 (Count One); a substantive violation of the Anti-Kickback Statute, in violation of 42 U.S.C. §1320a-7b(b)(1)(B) and 18 U.S.C. §2 (Count Two); and conspiracy to commit honest services wire fraud, in violation of 18 U.S.C. §1349 (Count Three). In addition, Goldstein and Voudouris are charged with aggravated identity theft, in violation of 18 U.S.C. §§1028A(a)(1), 1028A(c)(5), and 2 (Count Four); Voudouris is charged with wrongful disclosure of individually identifiable health information, in violation of 42 U.S.C. §§1320d-6(a)(3), 1320d-6(b)(1), and 18 U.S.C. §2 (Count Seven); and Goldstein is charged with wrongful disclosure of individually identifiable health information, in violation of 42 U.S.C. §§1320d-6(a)(3) and 1320d-6(b)(1) (Count Eight).The Defendants seek severance under Federal Rules of Criminal Procedure 8(b) and 14(a). For the reasons stated below, the Defendants’ motions are DENIED.BACKGROUNDI. Factual BackgroundThe Court assumes the parties’ familiarity with the allegations detailed in the lengthy indictment in this case. (Indictment, ECF No. 1.) Briefly, the Defendants are alleged to have participated in a scheme in which “they accepted bribes and kickbacks in exchange for prescribing a potent and highly addictive fentany1 — based spray” called Subsys, manufactured by Insys Therapeutics (“Insys”). (Id. 1.) Insys purportedly compensated the Defendants for being “Speakers” at educational presentations, known as “Speaker Programs.” (Id. 2.) The “Speaker Programs were touted as educational events at which the Speaker educated other doctors regarding [Subsys].” (Id. 4.) According to the allegations, however, “many of the Speaker Programs [the Defendants] conducted were merely social gatherings at high-end restaurants with no educational presentation whatsoever [and]…lacked an appropriate audience of peer-level doctors with a professional reason to be educated about [Subsys].” (Id.) Insys allegedly selected and compensated the Defendants “to induce them to prescribe large volumes of [Subsys].” (Id. 3.) The alleged scheme thus operated as follows: Insys paid kickbacks to the Defendants in the form of fees for sham Speaker Programs, and, in exchange, the Defendants prescribed Subsys to their patients. (Id.
