3 October – LAWFUEL – The Law News Network – R. Alexander Acosta, United States Attorney for the Southern District of Florida, David Bourne, Special Agent in Charge, Miami Field Office, United States Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), and Sergeant William Hernandez, Miami-Dade Police Department, Pharmaceutical Diversion Unit, announced today that defendant, Aldo Andrade, of Miami, Florida was sentenced Friday, September 30, 2005, by United States District Court Judge Cecilia Altonaga to twenty-four (24) months’ imprisonment for illegal wholesale distribution of prescription drugs and possession with intent to distribute controlled substances. Judge Altonaga also imposed a three (3) year period of supervised release to follow Andrade’s imprisonment and ordered him to pay $18,230 in restitution to the Food and Drug Administration.
This case is the result of a joint investigation by the U.S. Food and Drug Administration and the Miami-Dade Police Department. It came to the attention of law enforcement officers that Andrade was selling prescription medications without a wholesaler’s license, which is a requirement of both State and federal laws. A series of undercover meetings were conducted and Andrade was observed on several occasions selling various medications illegally, including Oxycontin and Roxicet, which contain schedule II controlled substances. The investigation revealed that these medications were originally prescribed to Medicare and Medicaid patients, who re-sold them on the street. Andrade obtained these medications from other street sellers, and he then attempted to re-sell them to the undercover agents. Such practice poses a serious health concern in that the medications may be expired, removed from their original containers and substituted, or otherwise made unsafe for the end consumer.
By engaging in this conduct, Andrade violated FDA regulations and committed felonies in violation of Title 21, United States, Code, Sections 841 (a) (1), 331 (t), 333 (b) (1) (D), and 353 (e) (2) (A).
Mr. Acosta commended the investigative efforts of the United States Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), and the Miami-Dade Police Department, Pharmaceutical Diversion Unit. This case was prosecuted by Assistant United States Attorney Diane Patrick of the Economic and Environmental Crimes Section.
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 .
