Mansfield man indicted for sale of counterfeit prescription pills
A grand jury returned a two-count indictment charging a Mansfield man with crimes related to the purchase and sale of counterfeit prescription drugs, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Tamacio Walls, 23, was indicted on one count of introducing misbranded drugs into interstate commerce and one count of trademark violations.
Walls purchased, warehoused, dispensed and offered for sale, counterfeit versions of Viagra (active ingredient Sildenafil), Cialis (active ingredient Tadalafil) and Levitra (active ingredient Vardenafil) to consumers without requiring consumers to provide any form of prescription from a licensed medical practitioner, as required by law, according to the indictment.
The indictment also charges that Walls did not inform consumers that said drugs were prescription drugs and that they should seek medical advice before consuming the drugs, and that Walls failed to provide any warnings to consumers concerning potential dangers associated with taking the drugs. Walls obtained the drugs from unauthorized sources in China and India. The customs declarations for the shipments to Walls typically misrepresented the package contents in an attempt to avoid detection and seizure by U.S. Customs officials, according to the indictment.
Walls intentionally trafficked in and attempted to traffic in goods, specifically counterfeit Viagra pills, while knowingly using on or in connection with said items certain counterfeit trademarks such as pill color, pill shape and other identifying characteristics which were identical to, or substantially indistinguishable from marks that were in use and registered for Viagra with the U.S. Patent and Trademark Office, and the use of which was likely to cause confusion or mistake, and which was likely to deceive others, according to the indictment.
If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Robert W. Kern, following an investigation by the Department of Homeland Security and the United States Postal Inspection Service.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.