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Background
For several months, I've been following a group of fraudulent Web sites selling
"cures" for cancer, Migraine disease, flu, and more. (see
Online Medical Frauds and Fake Cures: What's Going On?) There were
approximately 20 sites such as cancercure.org, breastcancercure.com,
migrainecure.com, and migrainemiracle.com. These sites were owned by Arthur
Vanmoor, who initially operated under the name Flu Fighter Laboratories. Vanmoor
also operated a Web site with a domain name to make viewers think it was an FDA
site. The fake cure sites would link to the fake FDA site, making unsuspecting
site visitors think his products were approved by the Food and Drug
Administration.
On December 22, 2005, the U.S. Attorney’s
Office obtained a civil temporary restraining order against Vanmoor 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 judge who issued the
restraining order also ordered that the Web sites be shut down. The judge also
ordered the Web sites closed, but Vanmoor continued to operate them as well as
the phone lines for ordering the products. Following the Web site domain
registrations because almost game-like. The name of the company and even the
country in which the sites were registered changed often. The sites went
off-line, and where the Web server information should have been, one would see,
"NS1.SUSPENDED-FOR.SPAM-AND-ABUSE.COM."
The next day, the sites would be back online -- until someone alerted their Web
host, and the sites would come down again, only to repeat the cycle.
Progress
On March 14, a Fort Lauderdale grand jury indicted Arthur Vanmoor
on multiple charges:
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Conspiracy to commit mail fraud, wire fraud, and Food, Drug & Cosmetic Act
(“FDCA”) violations, in violation of Title 18, United States Code, Section
371.
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Substantive charges of mail and wire fraud, in violation of Title 18, United
States Code, Sections 1341 and 1343, respectively.
-
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).
Key points alleged in the indictment include:
- 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 breastcancercure.com,
cancercure.org, and migrainecure.com.
- 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 FDA (U.S. Food and Drug Administration) for use on human beings, when,
in fact, they were not.
- 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."
- 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.
- Vanmoor nevertheless continued to maintain
his websites and calling lines in violation of the temporary restraining
order issued on December 22, 2005.
If convicted of the conspiracy count, defendant
Vanmoor faces a maximum statutory term of imprisonment of five 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 years and
$250,000, respectively. The maximum statutory term of imprisonment and fine for
each FDCA violation is three years and $250,000, respectively.
Mr. R. Alexander Acosta, United States Attorney
for the Southern District of Florida, 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.
Summary
It took time and determination, but it appears that the "good guys" win on this
one. Obviously, migrainecure.com, migrainemiracle.com, and the product "Migraine
Miracle" were of major concern to me. However, Vanmoor's cancer "cure" sites and
products were, if possible, even more heinous. He and his cohorts were
victimizing patients with potentially fatal diseases simply to make money. There
is no punishment, civil or criminal, that is sufficient. It may take years for
this case to work its way through the courts, but at least it appears that
Vanmoor is out of business. Hopefully, he won't find a way to start again.
_____________
Resources:
Press release, "ARTHUR
VANMOOR INDICTED FOR SELLING FAKE CANCER CURE." U.S. Department of Justice.
R. Alexander Acosta, United States Attorney for the Southern District of
Florida. March 14, 2006.
"South
Florida Man Indicted For Selling Fake Cancer Cure." North Country Gazette.
March 15, 2006.
Published March 25, 2006
© Teri Robert
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