LAWFUEL – Press Release Service – R. Alexander Acosta, Uni…

LAWFUEL – Press Release Service – R. Alexander Acosta, United States Attorney for the Southern District of Florida, and David W. Bourne, Special Agent in Charge, United States Food and Drug Administration (FDA), Office of Criminal Investigations, Miami Field Office, announced that defendant, James Jagels, 45, of Evergreen, Colorado, was sentenced today to ten months of electronically monitored home detention in a criminal case arising out of a Miami-based FDA investigation. Thus far, Operation Miami Device has led to convictions in seventeen (17) cases of medical device theft and has resulted in forfeitures, fines, and restitution totaling over $4.6 million.

Jagels was sentenced by United States District Court Judge Alan S. Gold, in Miami, for his role in a conspiracy to transport and sell in interstate commerce various stolen prescription medical devices, in violation of Title 18, United States Code, Section 371. In addition to the ten months of home detention, Jagels was ordered to pay a fine of $10,000, forfeit the sum of $86,904.93 which represents the criminal gain resulting from the criminal conduct, and to perform 300 hours of community service, over a four year period of Court-supervised probation.

According to court records and statements at the hearing, from approximately March 1998 through November 2000, Jagels participated in a conspiracy with an individual originally based in Kittridge, Colorado, who later relocated his operations to Miami. The Miami-based conspirator 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 Jagels, and co-workers employed by Ethicon Endo-Surgery, Inc., a subsidiary of Johnson & Johnson, secured possession of significant quantities of prescription medical devices, which were then forwarded for sale. The devices were acquired through a variety of means, including from business conversions, through trade-outs of newer models for older but serviceable devices from customers, and through the diversion of samples provided by their employer for promotion of the company’s business.

Mr. Acosta commended the investigative efforts of the U.S. Food and Drug Administration. These cases are being prosecuted by Assistant United States Attorney Thomas Watts-FitzGerald.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at . Related court documents and information may be found on the website of the District Court for the Southern District of Florida at or on .

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