OFFICE OF THE UNITED STATES ATTORNEY
WESTERN DISTRICT OF MISSOURI
JOHN F. WOOD
Contact Don Ledford, Public Affairs ● (816) 426-4220 ● 400 East Ninth Street, Room 5510 ● Kansas City, MO 64106
MAY 25, 2007
FOR IMMEDIATE RELEASE
FLORIDA, PENNSYLVANIA BUSINESS OWNERS SENTENCED
FOR SELLING ILLEGALLY IMPORTED AND STOLEN
KANSAS CITY, Mo. – John F. Wood, United States Attorney for the Western District of Missouri, announced that two business owners from Miami, Fla., and Stillwater, Penn., were sentenced in federal court today for their involvement in conspiracies to sell counterfeit, misbranded and illegally imported Lipitor and to sell stolen pharmaceutical drugs.
Alexander Nassar, 43, of Miami, Fla., and Frank Anthony Ianeillo, 62, of Stillwater, Penn., were each sentenced in separate hearings before U.S. District Judge Ortrie D. Smith. Nassar was sentenced to four years in federal prison without parole. Ianeillo was sentenced to one year and one day in federal prison without parole. The court also ordered Nassar and Ianeillo to pay $680,000 in restitution, for which they are jointly and severally liable.
Alexander Nassar pleaded guilty on Aug. 28, 2006, to his role in a conspiracy to distribute Lipitor that he knew was not manufactured for distribution in the United States. Alexander Nassar was involved in buying and selling pharmaceutical drugs in the secondary wholesale market.
Alexander Nassar also admitted that he participated in a conspiracy to buy, sell and traffic in stolen drugs from December 2001 to April 2003. Co-conspirators purchased and sold among themselves drugs that they knew were stolen. Those drugs, which were manufactured by Glaxo-Smith, had been stolen from a warehouse in Miami, Fla., in December 2001.
The stolen drugs were purchased by co-defendant Albert David Nassar, 51, of New York, N.Y., who was also involved in buying and selling pharmaceutical drugs in the secondary wholesale market. Co-conspirators created false pedigrees to conceal the fact that the drugs were stolen, and they sold the stolen drugs in interstate commerce, knowing that consumers ultimately would purchase the stolen drugs. The stolen drugs were then sold and re-sold through a series of secondary wholesale distributors, including co-defendants Ianeillo, Paul Louis Kriger, 49, of Thousand Oaks, and Noah Salcedo-Smith, 35, of San Fernando, Calif.
Ianeillo pleaded guilty on Jan. 25, 2007, to his role in a scheme to defraud the U.S. Food and Drug Administration by obstructing the lawful functions of the FDA to regulate the interstate sale and distribution of drugs and to safeguard the health and safety of consumers who purchase drugs. Ianeillo operated Welcome Rx, a firm that bought and sold pharmaceutical drugs in the secondary wholesale market. Ianeillo admitted that he made no effort to determine or verify the legitimacy, source and origin of the stolen Glaxo-Smith drugs, which he purchased from Nassar then resold in furtherance of the conspiracy to defraud the FDA. Ianeillo also admitted that at the times he sold drugs, he did not provide his buyer, Kriger, with any paperwork or other documentation to establish the legitimate source, origin, and bona fide nature of the drugs sold.
* Kriger pleaded guilty on Jan. 26, 2007, to participating in the conspiracy to sell stolen pharmaceutical drugs. Kriger was the owner and operator of OTS Sales, Inc. (OTS), a California corporation engaged in the wholesale brokerage of prescription drugs in the secondary market on behalf of co-defendant Albers Medical Distributors, Inc. In late December 2001 and early January 2002, OTS brokered for Albers Medical Distributors the purchase of Imitrex, Advair, Flovent and Flonase from Welcome Rx, the Pennsylvania corporation operated by Ianeillo. Albers Medical Distributors paid commissions to OTS of approximately $106,000 for brokering the purchase of the drugs.
Kriger admitted that OTS brokered the purchase without first obtaining copies of the required licenses from Welcome Rx, or a signed indemnity agreement from Welcome Rx, or any pedigree papers showing the origin and prior sale dates of the stolen Glaxo-Smith drugs.
The failure to properly investigate and obtain any of this information constitutes willful blindness and deliberate ignorance by Kriger as to the legitimacy or the safety or origin of the drugs. Kriger’s willful blindness and deliberate ignorance as the control person at OTS constitutes criminal conduct in furtherance of a conspiracy to defraud the United States by impeding, obstructing, and defeating the lawful functions of the U.S. Food and Drug Administration to regulate the interstate sale and distribution of prescription drugs.
Under the terms of his plea agreement, the court will sentence Kriger to four years in federal prison without parole. A sentencing hearing is scheduled for Oct. 11, 2007.
In a series of purchases in January 2002, co-defendant Douglas C. Albers , 55, of Leawood, Kan., owner of Albers Medical Distributors, paid approximately $3.3 million for some of the stolen Glaxo-Smith drugs. Albers then re-sold the drugs to other distributors for approximately $3.5 million.
* Albert David Nassar pleaded guilty on Nov. 30, 2006, to participating in the conspiracy to sell stolen pharmaceutical drugs and to defraud the United States by impeding the lawful functions of the U.S. Food and Drug Administration. Nassar admitted that he helped co-conspirators traffic in the illegal distribution of the stolen Glaxo-Smith drugs. Despite warning signs and circumstances known to him at the time, which suggested there was a high probability that the drugs were stolen, Nassar deliberately avoided taking any actions to confirm or deny his suspicion that the prescription drugs were stolen.
A sentencing hearing is scheduled for Sept. 13, 2007.
* Salcedo-Smith was sentenced on May 8, 2007, to 18 months in federal prison without parole. Salcedo-Smith pleaded guilty on Dec. 28, 2006, to defrauding the government by arranging for the purchase of stolen pharmaceutical drugs. Salcedo-Smith was a salesman involved in the secondary wholesale market, acting on behalf of Albers Medical Distributors, Inc., and OTS Sales. Salcedo-Smith also admitted that he helped create false pedigrees for the drugs, so that they could be resold in the secondary wholesale market by Albers Medical Distributors and appear to have a legitimate pedigree.
* Michael Allyn Carlow, 54, of Fort Lauderdale, Fla., was sentenced on March 2, 2007, to five years in federal prison without parole. The court also ordered Carlow to pay $3,410,379 in restitution.
On Nov. 3, 2006, Carlow pleaded guilty to his role in the conspiracy to sell counterfeit, misbranded and illegally imported Lipitor. Carlow has also pleaded guilty to related mail fraud charges filed against him the Middle District of Tennessee. Carlow owned and operated G&K Pharma, a company that was used to buy and sell pharmaceutical drugs in the secondary wholesale market.
Carlow admitted that he knowingly participated in a scheme to distribute Lipitor that he knew was not manufactured by Pfizer for distribution in the United States, and that he helped other members of the conspiracy traffic in pharmaceuticals that all of them knew were not manufactured for distribution in the United States. Members of the conspiracy purchased Lipitor that was intended for distribution in South America and smuggled it into the United States. Because the cost of purchasing Lipitor intended for distribution outside the United States is lower, members of the conspiracy were able to sell the drugs for a lower price.
During the 11-month time period from May 8, 2002, to April 4, 2003, Albers paid G & K Pharma more than $42 million to purchase counterfeit, misbranded and illegally imported drugs from Carlow.
* Albers pleaded guilty on Oct. 18, 2006, to selling counterfeit and misbranded drugs. Albers agreed to pay a $500,000 civil forfeiture and to surrender his pharmacy licenses in Missouri and Kansas. Albers admitted that he sold counterfeit and misbranded Neupogen to a California firm in September 2001, despite warnings and notices from the Food and Drug Administration and his own knowledge of counterfeit Neupogen that earlier had been purchased and distributed by his firm. Neupogen is an injectable human growth hormone used to decrease the incidence of infections in persons with lowered immune systems, such as cancer and AIDS patients.
Although Albers specifically pleaded guilty to one count each of selling counterfeit Neupogen and misbranded Neupogen, federal prosecutors will argue that all of the conduct charged in the dismissed counts of the superseding indictment as well as any other uncharged related criminal activity should be considered relevant conduct for the purpose of determining an appropriate prison sentence and restitution order.
A sentencing hearing is scheduled for Sept. 21, 2007.
* Richard K. Rounsborg, 49, of Kearney, Neb., pleaded guilty on Nov. 30, 2006, to participating in a conspiracy to sell counterfeit, misbranded, and illegally imported drugs from February 2002 until at least April 2003, and to defraud the United States by impeding the lawful functions of the U.S. Food and Drug Administration. Rounsborg owned and operated Med-Pro, Inc., a privately held corporation located in Lexington, Neb. Med-Pro was engaged in the business of repackaging pharmaceuticals.
Rounsborg admitted three specific instances in which Med-Pro received misbranded Lipitor or Bextra for repackaging. Rounsborg acknowledged that the circumstances of his conduct constitute willful blindness with regard to a series of Lipitor and Bextra shipments received at Med-Pro for repackaging. Rounsborg’s willful blindness and actions as the control person for Med-Pro constitute conduct in furtherance of the conspiracy.
A sentencing hearing has been scheduled for Oct. 10, 2007.
This case is being prosecuted by Senior Litigation Counsel Gene Porter. It was investigated by the Office of Criminal Investigations, U.S. Food and Drug Administration.
This news release, as well as additional information about the office of the United States Attorney for the Western District of Missouri, is available on-line at