Rhode Island Man Charged With Trafficking in Counterfeit Erectile Dysfunction Medication

BOSTON – A Pawtucket, R.I. man was charged today in U.S. District Court in Boston with trafficking in counterfeit drugs.

Ricky Lugo, 48, was charged in an Information with four counts of trafficking in counterfeit versions of erectile dysfunction medications, including Pfizer Inc.’s Viagra, Eli Lilly’s Cialis, and Bayer’s Levitra.

 “The trafficking of counterfeit goods generates billions of dollars in the wallets of copycats and thieves,” said United States Attorney Carmen M. Ortiz.  “Not only does it violate the trademarks that are intended to protect our nation’s intellectual property, but it also endangers people’s health and has the potential to inflict lasting harm.”

“Importing, selling or purchasing counterfeit products is not a victimless crime,” said Matthew Etre, Special Agent in Charge of HSI Boston. “Counterfeit pharmaceuticals present an even greater concern to businesses and consumers alike.  Americans need to be able to trust the medications they ingest and Homeland Security Investigations will continue to work with our law enforcement partners to ensure the safety and security of the products consumers buy.”

 “Counterfeit drugs are illegal.  As with any other illegal drug, Postal Inspectors are committed to keeping them out of the U.S. Mail,” stated Acting Postal Inspector in Charge James V. Buthorn.  “Counterfeit medications pose a serious threat to the American public ranging from grave health consequences to lack of efficacy.  The men and women of the Postal Inspection Service work relentlessly to remove illegal drugs from the mail while bringing criminals who use the Postal Service to facilitate their crimes to justice.”

According to court documents, from June 2013 to March 2014, Lugo sold counterfeit Viagra, Cialis, and Levitra on Craigslist and in person.  Lugo purchased the counterfeit pharmaceuticals from sources outside the United States, including from China.  Lugo knew that the goods he was selling were counterfeit, but nonetheless sold and attempted to sell thousands of the tablets.     

The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of up to $5 million on each count.  Actual sentences for federal crimes are typically less than the maximum penalties.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ortiz, HSI SAC Etre and Acting Postal Inspector Buthorn, made the announcement today.  The case is being prosecuted by Assistant U.S. Attorney Amy Harman Burkart of Ortiz’s Cybercrime Unit.

The details contained in the Information are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.