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Pharmaceutical company owners sentenced to 38 years in prison for diverting HIV drugs to black market

Authorities said the drugs were handled in unsanitary conditions, with containers reused or even scavenged, putting vulnerable patients at risk.

Image of medication to treat HIV (File).

Image of medication to treat HIV (File).AFP

Diane Hernández
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Two owners of a pharmaceutical wholesale company in the United States were sentenced to a total of 38 years in prison for leading a nationwide HIV drug diversion scheme valued at more than $92 million, federal authorities reported.

The case, announced by the Department of Justice (DOJ), involves brothers Patrick and Charles Boyd, who ran the distributor Safe Chain Solutions out of Maryland. Both were found guilty of multiple crimes, including electronic fraud and marketing fraudulently labeled drugs.

According to court documents, the defendants purchased more than 28,000 vials of HIV drugs from black market suppliers between April 2020 and September 2021, many of them obtained directly from patients. They would then reintroduce them into the legal chain with falsified documentation and resell them to pharmacies.

Medicines handled under unsanitary conditions

Authorities noted that the drugs were handled in unsanitary conditions, with reused containers and even collected from the trash, putting vulnerable patients at risk.

"The scheme not only defrauded the system, but exploited some of the most vulnerable members of society," said A. Tysen Duva of the Criminal Division. "This type of fraud undermines the integrity of the essential drug supply."

For his part, U.S. Attorney Jason A. Reding Quiñones underscored the seriousness of the facts: "They treated vital medications as if they were street contraband. The consequences were severe and endangered patient safety."

Multiple warnings for negligence

During the trial, cases were documented in which patients received incorrect medications. In one, a person with HIV accidentally ingested an antipsychotic drug, causing him to lose consciousness for 24 hours.

The investigations, led by the Federal Bureau of Investigation and the Department of Health and Human Services Office of Inspector General, also revealed that the defendants ignored multiple warnings from pharmacies and their own compliance officer.

"The defendants' behavior demonstrated an alarming disregard for human life," noted Scott J. Lampert, who warned of the fraud's impact on public programs such as Medicare and Medicaid.

Prison, forfeitures and a third party involved

In addition to the prison sentences - 20 years for Charles Boyd and 18 for Patrick Boyd - both were ordered to pay more than $21.8 million in forfeitures.

A third implicated, Adam Brosius, previously pleaded guilty and was sentenced to more than eight years in prison for his part in the scheme.

Authorities stressed that this case is part of federal efforts to combat health care fraud, which since 2007 has led to the prosecution of thousands of defendants for crimes totaling tens of billions of dollars.
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