Record contained sufficient evidence to support defendant’s conviction of charge of violating FDA by operating unregistered pharmaceutical manufacturing business with intent to defraud FDA. Record showed that defendant was aware of requirements of FDA, and yet took steps to avoid it by manufacturing and selling various prescription drugs out of his home by obtaining raw ingredients from overseas and generating labels that contain “for research only” on drugs that were in fact sold by defendant for human consumption. Moreover, defendant’s motion to suppress evidence seized from his home was properly denied, where: (1) affidavit supporting warrant contained detailed description of hundreds of vials of white powder found in intercepted packages that suggested that defendant was operating HGH-trafficking business; (2) officer asserted that powder resembled HGH that had been purchased in prior investigations; (3) anonymous tip, albeit 3 months old, reported that defendant was operating online pharmacy; and (4) officer discovered defendant’s website, which indicated that defendant had engaged in illegal distribution of HGH and prescription drugs. Moreover, Dist. Ct. could properly reject defendant’s request for Franks hearing to test veracity of officer’s allegations contained in warrant application, where alleged false representation by officer that it would take six (as opposed to three) weeks to determine identity of white powder was not material to probable cause determination.
Federal 7th Circuit Court
Criminal Court
Food Drug and Cosmetic Act