The internet prescription cases continue to be filed around the country. On June 18, 2009, in San Francisco Federal Court, Roger L. Hollins Roberts pled guilty to distributing drugs purported to be Viagra and Cialis without a prescription. Specifically, he plead guilty to misbranding drugs while held for sale with intent to defraud or mislead, in violation of 21 U.S.C. §§ 331(k) and 333(a)(2).
In pleading guilty, Mr. Roberts admitted to operating Internet Web sites known as www.viagra-on-wheels.com and www.sexpills-on-wheels.com, which advertised delivery services specializing in local delivery or overnight mail delivery of brand-name prescription erectile dysfunction drugs, particularly Viagra and Cialis. The drugs the defendant advertised and sold on these Web sites were drugs that he imported from the People’s Republic of China and Mexico.
They bore the labels “Viagra” and “Cialis” and contained the same active ingredients as those drugs. Roberts also admitted that the Web sites falsely stated that the drugs were approved by the U.S. Food and Drug Administration, that they were obtained directly from licensed pharmaceutical manufacturers, and that they were sold in compliance with FDA regulations.
One aggravating fact was that Mr. Roberts had never been registered as a pharmacist or licensed medical practitioner with the State of California.
The sentencing of Mr. Roberts is scheduled for September 24 before Judge White in San Francisco. Any sentence following conviction would be imposed by the court after consideration of the plea agreement, the U.S. Sentencing Guidelines, and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Any questions or comments should be directed to: tgreen@greenassoc.com or 213-233-2260.
Tracy Green is a principal at Green and Associates in Los Angeles, California. They focus their practice on the representation of licensed professionals, individuals and businesses in civil, business, administrative and criminal proceedings. They have a specialty in representing licensed health care providers. Their website is: http://www.greenassoc.com/
