FDA Warns Public of Continued Extortion Scam By FDA Impersonators

/PRNewswire/ -- The U.S. Food and Drug Administration is warning the public about criminals posing as FDA special agents and other law enforcement personnel as part of a continued international extortion scam.

The criminals call the victims -- who in most cases previously purchased drugs over the Internet or via "telepharmacies" -- and identify themselves as FDA special agents or other law enforcement officials. The criminals inform the victims that purchasing drugs over the Internet or the telephone is illegal, and that law enforcement action will be pursued unless a fine or fee ranging from $100 to $250,000 is paid. Victims often also have fraudulent transactions placed against their credit cards.

The criminals always request the money be sent by wire transfer to a designated location, usually in the Dominican Republic. If victims refuse to send money, they are often threatened with a search of their property, arrest, deportation, physical harm and/or incarceration.

"Impersonating an FDA official is a violation of federal law," said Dara Corrigan, the FDA's associate commissioner for regulatory affairs. "FDA special agents and other law enforcement officials are not authorized to impose or collect criminal fines. Only a court can take such action."

In most instances, victims of extortion-related calls have also received telephone solicitations for additional pharmaceutical purchases from other possibly related, illegal entities located overseas. The extortionists use customer lists complete with extensive personal information provided through previous purchase transactions. These include names, addresses, telephone numbers, Social Security numbers, dates of birth, purchase histories and credit card account numbers.

Typically, these criminals use telephone numbers that change constantly and make it appear as though their calls originate in the United States.

No known victim has been approached in person by a law enforcement impersonator associated with this scheme.

The FDA's Office of Criminal Investigations, with the U.S. Drug Enforcement Administration, and the U.S. Immigrations and Customs Enforcement, Homeland Security Investigations, with the support of various U.S. Attorneys, are pursuing multiple national and international criminal investigations.

Arrests have been made and additional prosecutions are pending; however, the scheme is likely to continue. The FDA has issued similar warnings in the past:

* FDA Warns Public of Extortion Scam by FDA Impersonators (11/12/2008)
* FDA Warns Public of Continued Extortion Scam by FDA Impersonators (12/29/2009)


Victims of this scheme who have suffered monetary loss through the payment of funds in response to an extortion call, or anyone receiving a telephone call from a person purporting to be an FDA or other law enforcement official who is seeking money to settle a law enforcement action for the illegal purchase of drugs over the Internet may obtain a victim questionnaire by contacting the FDA's Office of Criminal Investigations and clicking "Report Suspected Criminal Activity."

Anyone receiving a purported official document on agency letterhead may verify its authenticity by contacting that organization directly via a publicly available phone number. Additionally, all federal agencies use email addresses with a "gov" email extension.

The FDA also reminds consumers that pharmaceutical products offered online and by telephone by sources of unknown origin can pose a substantial health risk. Products recovered during this investigation that were purchased from online or telephone sources have been found to contain trace amounts of heroin, other undisclosed and potentially harmful active pharmaceutical ingredients, or no active ingredient at all. Purchases should only be made from licensed pharmacies located in the United States. In addition to the increased risk of purchasing unsafe and ineffective drugs from websites operating outside the law, personal data may be compromised.

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Alpharetta Man Pleads Guilty to Impersonation of National Security Agent

/PRNewswire/ -- Louis Joseph Aprile, 49, of Alpharetta, Ga., pleaded guilty today in federal district court to the offense of impersonating a federal agent, namely, an agent of the National Security Agency.

According to Acting U.S. Attorney Sally Quillian Yates, the charges and other information presented in court: From May 19, to June 9, 2009, Louis Joseph Aprile initiated meetings with local law enforcement and repeatedly held himself out as the Deputy Director of the National Security Agency during a number of meetings. He perpetrated an elaborate scheme to convince these officers that he was from the National Security Agency (NSA) to organize an anti-terrorist task force, specifically targeting some individuals whom he claimed were Iraqi terrorists about to engage in terrorist acts. He told law enforcement officers elaborate stories with details regarding a terrorist plot to bomb a local area. His claims were serious enough to demand attention by the police departments. However, officers detected the deception before the impersonation went any further.

FBI Atlanta Special Agent in Charge Greg Jones said, "Individuals impersonating U.S. Intelligence Agents as they meet with bona fide law enforcement officials are, thankfully, not something that the FBI has to contend with very often. Our solid partnerships with the Alpharetta Police Department, the Marietta Police Department, and many other departments which make up the metro Atlanta law enforcement community make such efforts doomed to fail."

Aprile was indicted in July 2009, of one count of impersonation of a federal agent. He pleaded guilty to the indictment. He could receive a maximum sentence of three years in prison and a fine of up to $250,000. In determining the actual sentence, the court will consider the U.S. Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Sentencing is scheduled for Feb. 3, 2010, at 3:00 p.m., before U.S. District Judge Orinda Evans.

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Security Guard Sentenced for Possessing Child Pornograpghy and Impersonating FBI Agent

DOUGLAS YUTAKA RHOADES, 43, of Jonesboro, Georgia, was sentenced yesterday by United States District Judge Thomas W. Thrash, Jr., to serve more than 5 years in prison on charges of possessing child pornography and falsely impersonating a federal agent.

"This defendant claimed to be an FBI agent who investigated child pornography cases, but in reality he was a security guard who collected child pornography," said United States Attorney David E. Nahmias. "Through his lie of being an FBI agent, he tried to trick others into entrusting the care of their young children to him. Today's sentence is a just outcome for a depraved man who tried to trade on the trust that the FBI has built with the American people. This sentence also underscores the harsh consequences for people who possess images of children being sexually exploited and thereby support the creation of child pornography."

RHOADES was sentenced to 5 years, 3 months in prison to be followed by supervised release for the rest of his life. RHOADES pleaded guilty to the charges on November 3, 2008.

According to United States Attorney Nahmias and the information presented in court: Beginning in January 2008, Clayton County Police were investigating allegations of child molestation involving RHOADES. Witnesses informed the police that RHOADES stated that he was a Special Agent of the FBI assigned to the cyber crime unit. According to one witness, RHOADES claimed to work on child pornography investigations. Clayton County Police then contacted the FBI, who checked their records and determined that RHOADES was not and had never been an FBI employee. When FBI agents arrested RHOADES pursuant to a federal arrest warrant, they found a fraudulent FBI badge and identification as well as numerous computer discs with handwritten labels suggesting that they contained child pornography. A federal judge issued a search warrant for RHOADES' home and vehicle, and agents found discs containing approximately 800 images of prepubescent girls engaged in sexually explicit conduct. In addition, the FBI located a video of a "wedding" between RHOADES and a girl under the age of twelve along with written "wedding vows" between RHOADES and the child. At the time of his arrest, RHOADES was working as a security guard.

This case was brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney's Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children via the Internet. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by Special Agents of the Federal Bureau of Investigation with the assistance of the Clayton County Police Department.

Assistant United States Attorney Paul Jones prosecuted the case.

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