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Justice News

Department of Justice
U.S. Attorney’s Office
District of Kansas

FOR IMMEDIATE RELEASE
Wednesday, March 13, 2019

Indictment: Male Enhancement Pills Were Not “All Natural Herbal Supplements’

KANSAS CITY, KAN. – A Kansas man was indicted today on charges of importing and selling misbranded pharmaceutical-grade erectile dysfunction drugs from China that were marketed as herbal remedies for men, U.S. Attorney Stephen McAllister said.

Rick Shepard, 59, Overland Park, Kan., is charged with one count of conspiracy and one count of introducing misbranded drugs into interstate commerce. The indictment alleges Shephard wholesaled dietary supplements under the label name “Euphoric” to adult novelty stores in multiple states.

The supplements were marketed as “all-natural, herbal supplements for male enhancement.” The label on the products did not reveal that the supplements contained Tadalafil and Sildenafil, pharmaceutical ingredients in FDA-approved prescription drugs Viagra and Cialis. The FDA has determined those drugs are safe to use only under a licensed practitioner’s care because of the possibility of toxicity, life-threatening drops in blood pressure and painful erections that could result in permanent injury.

The indictment alleges Shepard purchased the drugs from a supplier in China. He had the drugs delivered to private shipping and mailing stores throughout the country and then forwarded to him in Kansas. The packages were labeled “healthy food samples.”

If convicted, he faces up to five years in federal prison and a fine up to $250,000 on the conspiracy count and up to three years and a fine up to $250,000 on the misbranding count. The Food and Drug Administration investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

 

OTHER INDICTMENTS 

Indictment: Defendants Sold Counterfeit Computer Batteries, Accessories

         

Raymond Edwards, 50, and Renata Edwards, 58, both of Overland Park, Kan., are charged with conspiracy to traffic in counterfeit trademark goods and labels (count one), trafficking in counterfeit trademark goods (counts 2 through 22), trafficking in counterfeit trademark labels (counts 23 through 27) and mail fraud (counts 28 through 42). The crimes are alleged to have occurred during 2011 through 2015 in Johnson County, Kan.

The government is seeking a forfeiture of more than $429,500, representing the proceeds of the mail fraud, and $1 million, representing the proceeds of trafficking in counterfeit trademark goods.

The indictment alleges the defendants sold computer batteries and accessories under the names Quintic LLC, Synaglobe, Genesis Batteries, Battery Fox and Tech Rover. The indictment alleges the defendants sold counterfeit goods with labels identifying them as computer products sold by Apple, Dell, Hewlett-Packard, Samsung, Sony and others.

Upon conviction, the crimes carry the following penalties:

          Count one, counts two through 22 and counts 23 through 27: Up to 10 years in federal prison and a fine up to $2 million.

          Counts 28 through 42: Up to 20 years and a fine up to $250,000.

The FBI, the U.S. Postal Inspection Service and the Johnson County District Attorney’s Office investigated. Assistant U.S. Attorneys Chris Oakley and Scott Rask are prosecuting.

Torrey Vashon Banks, 41, Denver, Colo., is charged with unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred April 6, 2018 in in Topeka, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.

Tyrone Sanders, 62, Aurora, Colo., is charged with one count of unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred Aug. 6, 2018, in Shawnee County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.

Christian A. Hernandez-Calixto, 41, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 21, 2019, in Manhattan, KS.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.

Edith Rodriguez-Valdez, 22, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 21, 2019 in Manhattan, Kan.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.

Guiber Javier Garcia, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 24, 2018, in Butler County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

         

Marquez Thomas, 20, who is in federal custody, is charged in a superseding indictment with possession with intent to distribute marijuana (counts one and three), possession of a firearm in furtherance of drug trafficking (counts two and four). The crimes are alleged to have occurred in February and March 2019 in Shawnee County, Kan.

Upon conviction, the crimes carry the following penalties:

          Counts one and three: up to five years in federal prison and a fine up to $250,000.

          Counts two and four: Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.

The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

Monte Alford, 25, Wichita, Kan., is charged with possession with intent to distribute methamphetamine (count one), possession with intent to distribute (heroin), unlawful possession of a firearm in furtherance of drug trafficking (counts three and seven), unlawful possession of a firearm by a convicted felon (counts four, eight and ten), unlawful possession of a stolen firearm (count five) and possession with intent to distribute methamphetamine (count six). The crimes are alleged to have occurred November and December 2018 and March 2019, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties:

          Count one: Up to 40 years in federal prison and a fine up to $5 million.

          Count two: Up to 20 years and a fine up to $1 million.

          Counts three and seven: Not less than five years and a fine up to $250,000.

          Counts four, five, eight and ten: Up to 10 years and a fine up to $250,000.

          Count six: Not less than 10 years and a fine up to $10 million.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

 

Jose Luis Cortes-Diaz, 29, Kansas City, Mo., is charged with one count of making a false statement on a passport and one count of falsely stating he is a citizen of the United States. The crimes are alleged to have occurred in 2016 in Johnson County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the first count and up to three years and a fine up to $250,000 on the second count. The Diplomatic Security Service of the U.S. State Department investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

Topic(s): 
Prescription Drugs
Intellectual Property
Component(s): 
Updated March 13, 2019