CONCORD –
United States Attorney Scott W. Murray announced that John Hayes, 53, and his
wife, Plabpleung Hayes, 50, of New Ipswich were sentenced today for
participating in a scheme to distribute misbranded prescription drugs that they
obtained from India.
John Hayes
was sentenced to serve 30 months in prison and to pay a $2,500 fine. Plabpleung Hayes was sentenced to serve a
year and a day in prison. Both
previously pleaded guilty to participating in a conspiracy to distribute
misbranded prescription drugs into interstate commerce. Plabpleung Hayes faces possible deportation
to Thailand following the completion of her sentence.
According
to court documents and statements in court, the defendants conspired with
others, including John Hayes’ brother (James Hayes) and sister-in-law (Shannon
Hayes) in North Carolina, to receive shipments of pills from India. During the course of the conspiracy, John and
Plabpleung Hayes, along with their co-conspirators in North Carolina, received
over 2.4 million prescription drugs from India, many of which were controlled
substances. The defendants attempted to
conceal their scheme by having the drugs shipped to numerous Post Office boxes,
including boxes in southern New Hampshire and northern Massachusetts.
In
addition, United States Customs and Border Protection (CBP) seized more than 60
shipments from India destined for locations controlled by John Hayes that were
found to contain more than 100,000
additional pills. The pills were packaged
in blister packs, with no packaging that a person would recognize as
retail-type packaging, and with no directions for use. CBP sent numerous letters to John Hayes
advising him that the seizures occurred because the drugs were imported
contrary to federal regulations that prohibit the importation of controlled
substances without the express authorization of the Drug Enforcement
Administration (DEA).
The
defendants sent more than 5,000 packages to locations throughout the United
States, including outside of New Hampshire, between February 2012 and September
2013. The defendants used an email
account to manage and confirm the receipt of drugs from India, to receive and
track customer orders for drugs, and to coordinate payments.
When a search warrant was executed at the
Hayes residence in New Ipswich, investigators found more than 100,000 pills,
including prescription drugs and controlled substances, as well as shipping
labels, empty shipping containers, and other documents. Among those documents were two letters from
the Food and Drug Administration (FDA) informing John Hayes that Tramadol
tablets shipped to him were being refused entry into the United States because
the drugs appeared to be unapproved and misbranded.
The drugs distributed by the defendants
were not approved by the FDA and included foreign versions of Hydrocodone,
Percocet, Valium, Xanax, Adderall, Ritalin, Ativan, Ambien, Tramadol, Soma,
Sildenafil, and Tadalafil.
James
Hayes, Shannon Hayes, and two additional co-conspirators were convicted of
related charges in North Carolina.
“Misbranded drugs present a danger to the public,” said U.S. Attorney
Murray. “The millions of pills that the
defendants were distributing were not approved by the FDA and had the potential
to harm, rather than heal, those who took them.
The defendants placed their interests in profits over patient
safety. I commend the law enforcement
agents whose hard work dismantled this criminal scheme.”
“The FDA's requirements are designed
to ensure that American consumers receive drugs that are safe and effective.
When criminals import and sell misbranded prescription drugs, they risk
patients’ safety and health,” said Catherine Hermsen, Acting Director of FDA’s
Office of Criminal Investigations. “The work that’s done by CBP, FDA and our
other partner agencies at the International Mail Facilities, where
international mail entering the U.S. is received and processed, provides a
front line defense against illegal, illicit, unapproved, counterfeit and
potentially dangerous drugs from entering the United States. We are committed
to pursuing those who jeopardize the public health by importing and
distributing these dangerous products.”
“The
Postal Service has no interest in being the unwitting accomplice to anyone
using the U.S. Mail to distribute misbranded drugs. By using the mail system for a criminal
purpose, Mr. and Mrs. Hayes put our customers’ health at risk. The U.S. Postal Inspection Service will
continue to preserve the integrity of the mail by investigating those who use
it illegally.” said Raymond Moss, Acting Inspector in Charge of the U.S. Postal
Inspection Service, Boston Field Division.
“Mr. and
Mrs. Hayes ran a dangerous operation, distributing unsafe drugs that endangered
the public’s health. Their illicit pill mill was a family affair and now they
are finally being held accountable,” said Harold H. Shaw, Special Agent in
Charge, FBI Boston Division. “The FBI, along with our law enforcement partners,
will continue to do everything we can to curtail this illegal activity and
ensure that our communities remain safe.
“This case
shows how vital effective federal law enforcement cooperation is to the safety
of Americans,” said Michael Shea, Acting Special Agent in Charge, Homeland
Security Investigations (HSI), Boston.
“Through close law enforcement coordination, thousands of Americans were
protected from the reckless actions of these individuals, who cared about
nothing but enriching themselves at the expense of a serious life-threatening
risk to the unwitting American consumer.”
This case
was investigated by FDA’s Office of Criminal Investigations, U.S. Immigration
and Customs Enforcement’s Department of Homeland Security, the U.S. Postal
Inspection Service, and the Federal Bureau of Investigation. The case was
prosecuted by Assistant U.S. Attorney Arnold Huftalen and Special Assistant
U.S. Attorney Sarah Hawkins, who is Senior Counsel, Office of Chief Counsel,
U.S. Food and Drug Administration.
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