Defeat Federal Drug Tests

Owner of “Your In The Clear” Product Pleads Guilty of Conspiring to Defeat Federal Drug Tests


April 30, 2010 - Acting United States Attorney Robert S. Cessar announced today, April 29, 2010, that Stephen C. Sharp, pleaded guilty in federal court to conspiracy to defraud the United States in connection with its duty to drug test employees.

Sharp, age 41, of Daytona Beach, Florida, pleaded guilty before United States District Judge David S. Cercone.

In connection with the guilty plea, Assistant United States Attorney Mary M. Houghton advised the court that throughout the period of the conspiracy from November 1, 2006 through May 7, 2008, Sharp was employed as a pilot for PSA Airlines, Inc., which flies under US Airways Express brand for US Airways and is wholly owned by US Airways Group.

Sharp was the owner and President of Sharp Labs, Inc., a national Internet business located in Daytona Beach, Florida. From November 1, 2006 through May 7, 2008, Sharp, using Sharp Labs, Inc. and the Internet website, www.yourintheclear.com, conspired to defraud the Substance Abuse and Mental Health Services Administration (SAMHSA) of the United States Department of Heath and Human Services by defeating and obstructing the lawful governmental functions of SAMHSA in overseeing, monitoring and establishing scientific and technical guidelines for federal workplace drug testing programs, and standards for certification of laboratories engaged in urine drug testing for federal agencies and federally regulated industries, under the Federal Agency Drug‑Free Work Place Program. Hundreds of thousands of forensic workplace urine tests are done under the Federal Agency Drug‑Free Work Place Program for federal employees per year and millions of federal and federally regulated urine specimens are tested per year in SAMHSA certified labs. These tests include tests of federal employees in testing designated positions that cover national security and public safety positions.

During period from November 1, 2006 through May 7, 2008, Sharp, using Sharp Labs, Inc., sold over the Internet site, www.yourintheclear.com, the product, "Your in the Clear," which is a drug test powder drink mix, to customers throughout the United States and in the Western District of Pennsylvania, for the purpose of defeating federal, and federally regulated, employment drug urine tests overseen by SAMHSA for marijuana, cocaine and other controlled substances under Title 21 of the United States Code.

During the period of the conspiracy, Sharp caused the site, www.yourintheclear.com, to claim that the "Your In The Clear" drink mix product works like magic and "abracadabra," the user passes his drug test:

"'Your In The Clear' drug test drink mix helps with instant detoxification of your body while your body contains those harmful trace marijuana, cocaine, etc., detectable metabolites. Get the help you need to pass your drug test quickly and safely with no gimmicks! Keep a bottle with you wherever you go. Keep one in your car. Keep one at your work. Our powdered detox simply gets mixed with a beverage and then you drink it and abracadabbra the cleansing begins in 5 minutes. Maximum cleansing occurs from about 1‑5 hours after used. Pass Your Drug Test Guaranteed!"

Mr. Cessar said, "Drug testing of employees in national security and public safety positions is overseen by the federal government to ensure the safety and security of the public. The fact that Stephen Sharp is a pilot further underscores the importance of this type of prosecution."

Judge Cercone scheduled sentencing for September 3, 2010 at 10:00 a.m. The law provides for a maximum total sentence of five (5) years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Mr. Cessar commended the Internal Revenue Service, Criminal Investigation; the Drug Enforcement Administration; the Federal Bureau of Investigation; and the Food and Drug Administration for the investigation leading to the successful prosecution of Sharp.