Miami Man Pleads Guilty to the Distribution of $16M Worth of Adulterated HIV Medication

October 26, 2023 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

A group of individuals, including a defendant from Florida, are facing federal charges in a pharmaceutical fraud operation. The case involved the sale and distribution of adulterated prescription drugs to wholesale pharmaceutical subscribers.

This page will provide the case details, along with both the federal and state penalties for such offenses.

Case Details

On September 25, 2023, the U.S. Department of Justice published a news release regarding a Miami defendant who pleaded guilty to illegally distributing tainted HIV medication.

According to the report, 43-year-old Armando Herrera was accused of establishing companies across Florida, Texas, and California to distribute adulterated prescription drugs to wholesale pharmaceutical suppliers and pharmacies. The most common drug they distributed were HIV medications.

The following is a statement from the DOJ’s news release:

“Herrera and his co-conspirators created false documentation to make it appear as though the drugs were acquired legitimately when, in fact, they were not. The pharmaceutical suppliers then sold the drugs to pharmacies, which dispensed the adulterated prescription drugs unwitting patients.”

Herrera and the co-conspirators in the group were estimated to have made at least $16.7 million from the prescription fraud operation. Federal court documents in the DOJ news release indicated that Herrera and the rest of the group were alleged to have adulterated and mislabeled the following during the operation:

• 16,050 tablets worth of the HIV medication Truvada;
• 3,690 tablets worth of the HIV medication Biktarvy; and
• 7,341 tablets worth of “other adulterated and misbranded diverted drugs.”

The federal charge against Herrera was one count of conspiracy to introduce adulterated and misbranded drugs into interstate commerce. As he has since pleaded guilty, he is set to be sentenced on December 21, 2023. Herrera is facing a maximum of five years in federal prison.

What is an Adulterated Drug?

An adulterated drug is defined by the U.S. Code as one that consists in whole or in part of any filthy, putrid, or decomposed substance, or is a drug or substance that has been prepared, packed, or held under insanitary conditions whereby it may have been contaminated or rendered injurious to health.

In other words, it is when a drug or substance has been rendered poorer in quality than its original form by adding other substances, which are usually inferior to the initial substance or act as contaminants that can cause health complications.

Federal Law and Penalties

Under 21 U.S. Code §331, the following acts and the causing thereof are prohibited by the federal government:

• The introduction or delivery for introduction into interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded;
• The adulteration or misbranding of any food, drug, device, tobacco product, or cosmetic in interstate commerce;
• The receipt in interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded, and the delivery of proffered delivery thereof for pay or otherwise; and
• The introduction or delivery for introduction into interstate commerce of any article in violation of section 344, 350d, 355, or 360bbb-3 of federal law.

Under U.S. Code §333, a defendant convicted of a violation under section 331 can face up to one year in federal prison and up to $1,000 in fines. A person convicted of a second or subsequent offense, or a person who commits a violation with the intent to defraud or mislead consumers, can face up to three years in federal prison and up to $10,000 in fines.

A defendant accused of making prescription drug marketing violations under U.S. Code §333(b), can face up to 10 years in federal prison, up to $250,000 in fines, or both.

Finally, section U.S. Code §333(b)(7) explains that a defendant convicted of knowingly and intentionally adulterating a drug where such drug meets the legal definition of adulterated and has a reasonable probability of causing serious adverse health consequences or death to humans or animals can face up to 20 years in federal prison, up to $1,000,000 in fines, or both.

Florida Penalties for Adulterated and Misbranded Drugs

Although the example case above was prosecuted by the federal government, it is worth noting the penalties in Florida for similar violations.

The Florida Drug and Cosmetic Act covers the various laws and penalties surrounding the distribution of prescription drugs. Florida Statute Section 499.0051 provides the following penalties for offenses including the following:

• Knowing Forgery of Prescription or Prescription Drug Labels – Considered a first-degree felony for any person who knowingly forges, counterfeits, or falsely creates any prescription label or prescription drug label, or who falsely represents any factual matter contained on any prescription label or prescription drug label.
• Adulterated and Misbranded Drugs – Considered a second-degree misdemeanor for a person who manufactures, repackages, sells, delivers, or offers the sale of any drug that is adulterated or misbranded or has been rendered unfit for human use, adulterates or misbrands any drug intended for further distribution, or otherwise violates Florida Statute Section 499.0051(11). If the violation occurs after the person has already been convicted for a separate violation, the offense is considered a first-degree misdemeanor.

Important: It should be noted that such violations are only misdemeanors if the adulteration was not shown to be intentional. It is a second-degree felony if a person knowingly manufactures, repackages, sells, delivers, or offers the sale of any drug that is adulterated or misbranded or has been rendered unfit for human use, adulterates or misbrands any drug intended for further distribution, or otherwise violates Florida Statute Section 499.0051(13).

Tallahassee Criminal Defense Attorney

False advertising or adulteration of prescription drugs is a serious offense that can be prosecuted at both the federal and state levels. Depending on the severity of your case, you could be facing lengthy prison sentences, expensive fines, or both. When facing criminal prosecution, the best way to protect yourself is by hiring a defense attorney experienced in fraud and drug offenses.

The attorneys at Pumphrey Law Firm have a deep understanding of the ins and out of Florida laws. If you entrust us with your case, we will provide you with legal insight and guidance, along with strategizing possible defenses to fight the charges against you. To receive a free consultation, contact our law office today at (850) 681-7777 or leave us a message on our website.

Written by Karissa Key

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