Morrison & Foerster senior partner James Brosnahan just couldn’t talk the government down.

A grand jury indicted his client, Scott Harkonen, former CEO of the Brisbane, Calif.-based biotech firm InterMune Inc., Tuesday for fraudulently marketing the company’s drug Actimmune. The decision marks a rare instance in which the Justice Department has gone criminal against an individual executive for off-label marketing abuses, rather than just reaching a deferred-prosecution agreement with the drug company.

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