15 October – LAWFUEL – The Law News Network – R. Alexander Acosta, United States Attorney for the Southern District of Florida, and David W. Bourne, Special Agent in Charge, Food and Drug Administration (FDA), Office of Criminal Investigations, Miami Field Office, announced today that defendant, Alfredo A. Falcon, 51, of Weston, Florida, was convicted on his plea of guilty before United States District Court Judge Paul Huck, in Miami, Florida, for his role in a conspiracy to transport and sell in interstate commerce prescription medical devices, knowing the devices to have been stolen, converted, or taken by fraud, and for impeding and obstructing the lawful and legitimate functions of the FDA in enforcing federal laws and regulations applicable to prescription medical devices, in violation of Title 18, United States Code, Section 371.
According to the criminal charges and statements in court, Falcon held the position of Professional Education Manager for Latin America for a division of Johnson & Johnson, Ethicon, Inc., a company specializing in the development and distribution of suturing material for use in medical and surgical procedures. His employment duties involved the training of both surgeons and Ethicon sales representatives in the Ethicon product line.
From approximately March 1997 through December 2004, Falcon participated in a conspiracy with an individual located in Delray Beach, Florida, who was the principal behind a company known as F&S Medical, Inc. Operating under the company name, the coconspirator, solicited sales representatives and other employees of medical device manufacturers, seeking to purchase medical devices for re-sale. It was part of the conspiracy that Falcon would order quantities of suturing product through his employer, ostensibly for training purposes, and without authorization from Ethicon, ship the suturing materials to F&S in return for payment.
According to statements made in court, Falcon received a total of $134,473.79 through his criminal conduct. Under the terms of his plea agreement, Falcon must make a restitution payment to his former employer in that amount, in addition to any other punishment that may be imposed at sentencing.
Sentencing before District Court Judge Huck has been set for December 27, 2005 at 10:00 a.m. in Miami. Falcon faces a potential sentence of up to five years imprisonment and a fine up to $250,000, or twice the gain or loss caused by the relevant conduct.
Mr. Acosta commended the investigative efforts of the Food and Drug Administration. These cases are being prosecuted by Assistant United States Attorney Thomas Watts-FitzGerald.
A copy of all press releases may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls . Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on .
