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U.S. Department of Justice R. Alexander
Acosta |
| 99 N.E. 4th Street Miami, FL 33132 (305) 961-9001 |
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PRESS RELEASE |
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FOR IMMEDIATE RELEASE |
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| March 14, 2006 | Yovanny Lopez, Public Affairs Specialist, (305) 961-9316 |
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ARTHUR VANMOOR INDICTED FOR SELLING FAKE CANCER
CURE
R Alexander Acosta, United States Attorney for the Southern District of Florida, David Bourne, Special Agent in Charge, Food and Drug Administration, Office of Criminal Investigation, Miami Field Office, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Miami Division, announced today that a Fort Lauderdale grand jury indicted defendant, Arthur Vanmoor on charges of conspiracy to commit mail fraud, wire fraud, and Food, Drug & Cosmetic Act (“FDCA”) violations, in violation of Title 18, United States Code, Section 371, substantive charges of mail and wire fraud, in violation of Title 18, United States Code, Sections 1341 and 1343, respectively, and FDCA violations under Title 21, United States Code, Sections 331(b), 352(a), (f), and (I), and 333(a)(2), and Title 21, United States Code, Sections 331(d), 355(a), and 333(a)(2).
According to the Indictment, Vanmoor and his co-conspirators sold fake cures for cancer, migraines, influenza, and cramps over the Internet using approximately twenty websites with names such as http://www.usdoj.gov/usao/fls/www.breastcancercure.com and http://www.usdoj.gov/usao/fls/www.lungcancercure.org. Vanmoor and his co-conspirators used these websites to promote his products “Cancer Control,” “Migraine Miracle,” “Flu Fighter,” and “Cramps Comforter” as being “guaranteed” cures and approved by the United States Food & Drug Administration (“FDA”) for use on human beings, when, in fact, they were not.
The Indictment further alleges that Vanmoor arranged for the websites to contain “Bogus articles from bogus doctors, . . . pictures of people dressed like doctors holding the products [“Cancer Control,” “Migraine Miracle,” “Flu Fighter,” and “Cramps Comforter”], . . . [and] bogus testimonials.” Additionally, the Indictment states that Vanmoor promoted his products on his websites under the names of FDA-approved drugs such as Pfizer’s Camptosar®. In reality, his products were neither such FDA-approved drugs, nor did they contain significant amounts, if any, of the active ingredients of these FDA-approved drugs.
Previously, on December 22, 2005,
in U.S. v. Arthur Vanmoor, et al., Case No. 05-61940-CV-LENARD/KLEIN, the
United States Attorney’s Office obtained a civil temporary restraining order
against Vanmooor and others prohibiting the continued promotion, advertisement,
production, shipment, and/or sale of “Cancer Control,” “Migraine Miracle,” “Flu
Fighter,” and any other non-FDA-approved drugs in interstate commerce. The
Indictment alleges that Vanmoor nevertheless continued to maintain his websites
and calling lines in violation of the temporary restraining order.
Consequently, the court in the civil case found Vanmoor to be in civil
contempt, and the United
States indicted him on January 10, 2006, for
criminal contempt in U.S. v. Arthur Vanmoor, Case No.
06-60008-CR-ZLOCH/SNOW.
If convicted of the conspiracy count, defendant Vanmoor faces a maximum statutory term of imprisonment of five (5) years and a maximum statutory fine of $250,000. The maximum statutory term of imprisonment and fine for each of the mail and wire fraud counts is twenty (20) years and $250,000, respectively. The maximum statutory term of imprisonment and fine for each FDCA violation is three (3) years and $250,000, respectively.
Mr. Acosta commended the
investigative efforts of the Food and Drug Administration Office of Criminal
Investigation and the FBI. The criminal cases are being prosecuted by Assistant
United States Attorney Robin S. Rosenbaum and Special Assistant Jason S. Hadges.
Assistant United States Attorney Robert Nicholson is handling the civil
case.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov/ or on http://pacer.flsd.uscourts.gov/.
This page from http://www.usdoj.gov/usao/fls/060314-01.html.