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Cyber crime: Jury convicts man for counterfeit drug sales on Internet 2012-07-03
By Jim Kouri

A federal jury in Houston, Texas, on Friday convicted a Puerto Rican man on 12 counts related to his trafficking of counterfeit prescription drugs on the Internet, according to a law enforcement source in Texas.

According to federal prosecutors, Luis Angel Garcia Torres of Patillas, Puerto Rico, was convicted of conspiring to traffic in counterfeit goods; causing the introduction of misbranded prescription drugs into interstate commerce; causing the introduction of counterfeit prescription drugs into interstate commerce; six felony counts of trafficking in counterfeit goods; three misdemeanor counts of causing the introduction into interstate commerce of misbranded drugs; and two misdemeanor counts of trademark counterfeiting.
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The 41-year-old Garcia Torres used the Internet to obtain and distribute counterfeit Viagra and Cialis pharmaceutical drugs, which are FDA-approved prescription drugs used to treat erectile dysfunction. Viagra is manufactured and distributed exclusively by Pfizer Pharmaceuticals, while Cialis is manufactured and distributed exclusively by Eli Lilly. Both are registered trademarks on the principal register in the U.S. Patent and Trademark Office.

During Garcia Torres' trial, the prosecutor revealed evidence that established Garcia Torres offered to sell on the Internet Viagra and Cialis tablets. The legitimate retail cost at the time for Viagra and Cialis ranged from $15 to about $20 per pill. But the would-be Internet "pharmacist" sold them for as little as $2 each.

The investigation also revealed that Garcia Torres obtained the counterfeit medications from China.

According to courtroom testimony, undercover Homeland Security Investigations (HSI) special agents posing as customers purchased more than 3,500 Viagra and Cialis tablets from Garcia Torres on the Internet from Jan. 25, 2010 through Aug. 16, 2010.

The agents then traced their order of pharmaceuticals from an exporter in China being shipped to a Puerto Rico address used by Garcia Torres and then delivered to the undercover HSI special agents in Houston, according to their testimony.

The tablets were tested and analyzed by the trademark holders and the Food and Drug Administration's Forensic Chemistry Center and all analysts determined the drugs were counterfeit.

Special agents also obtained a search warrant for the e-mail address used by Garcia Torres. They were successful in proving that he had obtained the counterfeit pharmaceuticals from China and discussed with his Chinese suppliers techniques to evade detection and seizure by law enforcement officials.

Garcia Torres faces a maximum sentence of 10 years in federal prison, without parole, and a $2 million fine at his Aug. 30 sentencing. U.S. District Judge Keith Ellison, who presided over the trial, permitted Garcia Torres to remain free on bail pending his sentencing hearing.


 
 
 
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