New Braunfels Man Sentenced to Five Years in Prison for Selling Misbranded Drugs
For Immediate Release
U.S. Attorney's Office, Western District of Texas
SAN ANTONIO – A New Braunfels man was sentenced in federal court in San Antonio to five years in prison for selling non-controlled but dangerous substances through the mail.
According to court documents, Evan Asher Field, 42, and codefendant Michael Dominic Diaz, 31, purchased bulk quantities of various drugs, including synthetic opioids and benzodiazepines, and re-sold them through a website Field created in September 2019.
The drugs, most of which originated in China and were not regulated or approved for any use by the FDA, can potentially cause toxic and fatal overdoses if consumed by humans. The two defendants repackaged the drugs into consumer-size containers and shipped them to various locations throughout the United States. The initial website remained online until September 2021, when Diaz launched a second website offering a nearly identical service.
Despite disclaimers on the website and product packaging stating “for research purposes only,” and “not for human consumption,” the two defendants were aware that customers were purchasing the substances for personal use and consuming the drugs. Multiple consumers suffered overdoses, including some which were fatal.
In addition to imprisonment, Field was also ordered to pay a $250,000 fine. Codefendant Diaz is scheduled to be sentenced on Nov. 21.
“The defendants in this case recklessly endangered the lives and well-being of the numerous individuals who purchased unregulated substances from them,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “We hope that this sentence brings attention to this type of conduct and serves as a warning to those who would engage in it.”
“Unapproved prescription drugs can present a serious health risk to those who buy and use them. The drugs can contain unknown ingredients and can be made under unknown conditions,” said Special Agent in Charge George A. Scavdis, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to investigate and bring to justice those who traffic in unapproved and potentially dangerous drugs.”
“Synthetic drugs remain the primary driver of the opioid epidemic, and attempting to profit off the epidemic plaguing our communities is an apparent complete disregard for human life,” said Special Agent in Charge Daniel Comeaux for the Drug Enforcement Administration’s Houston Field Office.
The FDA and DEA investigated the case.
Assistant U.S. Attorneys Justin Chung and Amy Hail prosecuted the case.
This case was prosecuted utilizing resources from the Dark Market and Digital Currency Crimes (DMDCC) Task Force. The DMDCC Task Force is a joint effort between the U.S. Attorney’s Office, HSI – Baltimore, the U.S. Secret Service, the U.S. Postal Inspection Service; the Food and Drug Administration, the Internal Revenue Service – Criminal Investigation, the Drug Enforcement Administration, the Defense Criminal Investigative Service, the Baltimore Police Department, and the Baltimore County Police Department, targeting the use of dark net marketplaces and digital currencies to facilitate criminal activities.
Updated October 27, 2023