LAWFUEL – US Legal News – R. Alexander Acosta, United Stat…

LAWFUEL – US Legal News – 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 that defendant, Frank Tarsia, 43, of New York, New York, was sentenced today in a criminal case arising out of a Miami-based FDA investigation named Operation Miami Device.

Tarsia was sentenced before United States District Court Judge Kenneth L. Ryskamp, in West Palm Beach, Florida, 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.

Judge Ryskamp sentenced Tarsia to a period of five (5) months imprisonment, followed by a period of five (5) months home detention and two (2) years of supervised release. In addition, Tarsia was ordered to pay restitution in the amount of $247,916.63 to a hospital in Brooklyn, which was a victim in the criminal conduct,. The amount was the personal gain to Tarsia as a result of his participation in the criminal conspiracy. During the term of his supervised release he must also perform a total of 100 hours of community service.

According to court records and statements at the hearing, from approximately December 2003 through December 2004, Tarsia participated in a conspiracy with other individuals in the New York area, who were sales representatives and other employees of medical device manufacturer Ethicon Endo-Surgery, Inc., a subsidiary of Johnson & Johnson. Together, they acquired significant quantities of medical devices for re-sale. It was part of the conspiracy that the New York-based group would pool their devices, and forward them through one of the coconspirators to a Delray Beach, Florida “fence” who would pay 10% to 30% of the market value of the devices to the conspirators. Tarsia and the other sales representatives were able to acquire the devices as samples ostensibly for business-development, trade-outs of newer models for older but serviceable devices from customers, and by a variety of other means.

Mr. Acosta commended the investigative efforts of the Food and Drug Administration. The case was 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 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 http://pacer.flsd.uscourts.gov.

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