FOR IMMEDIATE RELEASE CIV THURSDAY, APRIL 10, 1997 (202) 616-2765 TDD (202) 514-1888 NEW JERSEY DRUG FIRM AND OWNER SENTENCED AND FINED IN ILLEGAL PHARMACEUTICAL AND MONEY LAUNDERING SCHEME WASHINGTON, D.C. -- A New Jersey drug firm, Flavine International Inc., has been fined a total of $925,000 and its owner, Gerd Weithase, a German national, has been sentenced to two years in prison and fined a total of $75,000 for illegally importing counterfeit pharmaceuticals from China and laundering money in a kickback scheme, the Department of Justice announced today. Weithase had pleaded guilty in U.S. District Court in Kansas City, Missouri, to conspiracy related to counterfeit pharmaceutical products and also pleaded guilty to a one-count information charging him with conspiring to launder money in a kickback scheme. Flavine International pleaded guilty to two informations, one charging it with conspiracy related to counterfeit pharmaceutical products and the second charging it with conspiracy related to the money laundering scheme. They were sentenced Wednesday. Flavine was headquartered in Closter, N.J., and maintained offices in Kansas City. The investigation was conducted by the United States Customs Service and the United States Food and Drug Administration (FDA). Assistant Attorney General Frank W. Hunger of the Civil Division and Stephen L. Hill Jr., U.S. Attorney in Kansas City, praised the work of the investigators and prosecutors in the case. Hunger said, "The counterfeit case stems from the exploitation of antibiotic drug manufacturing which was uncovered in an investigation by the Customs Service and FDA." Hill said, "This is egregious misconduct by a corporation, and the government's prosecution of those involved should send a strong signal that counterfeiting of pharmaceuticals will be vigorously prosecuted." The investigation revealed that on numerous occasions from August 1985 through November 1991, Weithase solicited and received orders from drug manufacturers in the United States for bulk antibiotics that are FDA approved for use in the United States. The drugs included oxytetracycline, gentamicin sulfate, and sulfamethazine. To fill these orders, Weithase bought drugs overseas that were manufactured by various Chinese pharmaceutical manufacturers whose products were not approved for use in the United States. Weithase and others then imported the unapproved drugs into the United States declaring them to be the product of an approved Chinese manufacturer. Weithase directed customs brokers to present invoices to Customs and FDA that falsely stated that the drugs had been made by an FDA-approved manufacturer. Once the unapproved product arrived in the United States, the defendants, when necessary, had the product repacked in new containers that more closely resembled those of the approved manufacturer. Weithase removed labels from containers and affixed fraudulent labels to containers in order to falsify the origin and manufacturer of the drug product. Weithase also replaced the manufacturers' certificates of analysis with fraudulent certificates of analysis that falsely claimed that the drugs were made by an approved manufacturer. These acts were performed without the authorization of the approved manufacturer whose name was used. In the money laundering scheme, Weithase and his company, between February 1991 and May 1993, paid a total of $82,680 in kickbacks to a purchasing agent who worked for one of Flavine's customer firms. The case was prosecuted jointly by the U.S. Attorney's office in Kansas City and the Department's Office of Consumer Litigation in Washington, D.C. ###### 97-146