Former
California resident David Perez was sentenced in federal court on April 4, 2016
to 30 months in custody for conspiracy to commit mail fraud (18 U.S.C. Section
371) selling unapproved “Energy Wave” medical devices (non FDA approved) over
the Internet and mailing them to customers throughout the United States. These are known as "Rife" machines.
According
to admissions in his plea agreement, Mr. Perez marketed the “Energy Wave”
device using the website www.myenergywave.com[external
link].
Rife machines have been around for years and some alternative practitioners use them. I had an unlicensed practice of medicine criminal case in which a Rife machine figured prominently. While I obtained not guilty verdicts on the multiple counts, my client was not the one who offered the Rife treatment. You can find many Rife machines for sale to this date. This particular "Energy Wave" device allegedly consists of a micro-current frequency generator with a
digital readout, two stainless steel cylinders, two personal application plates
with connectors and lead wire for the cylinders and plates.
What caused Mr. Perez legal trouble was that allegedly when he sold them to users, his company also provided users with an operating manual and a list of Auto Codes that set forth over
450 digital settings for the device, directed to treat specific conditions from
abdominal pain, AIDS and diabetes to stroke, ulcer and worms. The Auto
Codes and Manuel advised users to connect the cylinders or plates to the
machine, and touch them to the body for a recommended run time to treat each
condition.
David
Perez admitted selling each device for approximately $1,200-$1,500, and
receiving gross proceeds of approximately $271,000. He also acknowledged in his plea agreement that he intended to defraud and mislead the Food and Drug Administration by attempting
to evade the agency’s oversight of medical claims made regarding the Energy
Wave device by maintaining a separate website (rifecodes.com) to which he
referred customers who needed to obtain the auto codes that allegedly were used
to treat the various medical conditions. Mr. Perez admitted that he knew
or should have known a number of his customers were vulnerable because they had
purchased the device in an attempt to cure cancer, and that they were marketing
the device without the proper FDA approvals.
Given the loss amount and lack of prior criminal history, the 30 months is a high sentence and those selling or marketing non-FDA approved devices that are suggested to be used to cure any diseases (especially cancer) need to be mindful of the FDA's aggressive stance on such marketing and sales.
Posted by Tracy Green, Esq.
