19 October – LAWFUEL – The Law News Network – R. Alexander A…

19 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 Robert Parker, Director, Miami-Dade Police Department, announced that defendant, Jose Lopez, was sentenced on October 17, 2005, by United States District Court Judge Adalberto Jordan to thirty (30) months imprisonment for using counterfeit trademarks on illegal prescription drug labels and trafficking in those labels. Judge Jordan also imposed a two (2) year period of supervised release to follow Lopez’s prison term and ordered him to pay $1,090 in restitution to the U.S. Food and Drug Administration.

This case arose through 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 Lopez was printing labels for prescription medications and selling these labels to various individuals. A series of undercover meetings were conducted by task force agents, as a result of which Lopez was observed and recorded on two occasions selling various medication labels for drugs such as Zyprexa and Risperdal, which are anti-pyschotic drugs used to treat schizophrenia. Once these trademarked labels are counterfeited, they can be placed on any bottle of tablets, regardless of their contents. In this way, the public is at risk to receive expired, adulterated, or even counterfeited medications. Lopez did not place pills or other substances in the bottles. His conduct was limited to selling the trademarked labels. By engaging in this conduct, Lopez violated FDA regulations and committed violations of Title 18, United States, Code, Section 2320(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 .

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