A Tijuana man who sold counterfeit and unapproved pharmaceuticals in Chula Vista has been sentenced to 2 1/2 years in federal prison.
Alejandro “Alex” Hernandez, 54, was given the 30 month sentence by U.S. District Court Judge Dana Sabraw after he pleaded guilty to conspiracy to sell counterfeit drugs and medications that have not been approved for sale by the U.S. Food & Drug Administration.
Sabraw ordered Hernandez to pay $9,750 in restitution to Eli Lilly and Company for losses related to his sale of counterfeit drugs.
The U.S. Attorney’s office said he mostly sold the pharmaceuticals in parking lots in Chula Vista and accepted only cash. The drugs were all labeled in Spanish and they included Buscapina, Prodolina, and Neo-Melubrina, which are not approved for sale in the U.S. He stored the drugs in various self-storage units in the South Bay.
A projected release is set for Feb. 3, 2020 from the Metropolitan Correction Center, according to the U.S. Bureau of Prisons. He will be deported to Mexico upon his release.
A search of one storage unit led to the discovery of more than $250,000 worth of unapproved and counterfeit pharmaceuticals. There were ledgers documenting years of sales, the U.S. Attorney’s office said.
Hernandez emailed people a list of 37 medications that he offered for sale, and put a dollar sign next to drugs which were counterfeit, such as the anti-depressant Prozac, court records say. He also sold Viagra and Cialis for men that were counterfeits.
Assistant U.S. Attorney Melanie Pierson recommended a 30-month sentence while his attorney, Antonio Cervantes, sought a 21-month term.
“U.S. consumers rely on the FDA’s scientific review to ensure that their drugs are safe and effective,” said FDA special agent Lisa Malinowski. “The mission that drives our investigations is protecting patients from unsafe drugs.”
“As there are no assurances that unapproved products from foreign sources are safe or effective, we must protect consumers from these foreign unapproved medicines,” continued Malinowski.
Hernandez was arrested Nov. 29, 2017 after selling the drugs six times with a private investigator. His attorney said Hernandez’s wife was unable to visit him in prison because she had no legal way to enter the U.S. Cervantes said his client was remorseful and had no record.
Hernandez began dealing with the private investigator who sent him email about which drugs he wanted to buy in Oct., 2015. The private investigator paid him $2,390 on Oct. 22, 2015, and $4,941 several months later, according to court documents.
Eventually, Hernandez directed the private investigator to deposit funds in a bank account that was supposed opened in the name of a 24-year-old student with an address in San Ysidro that turned out to be a postal box. The deposits to the bank account in 2015 totaled $59,185.
Hernandez told the private investigator he had been doing this business for four years and earned approximately $1,000 per month. A Homeland Security Investigations agent paid Hernandez $1,580 in cash and received counterfeit Cialis, Viagra, and other drugs on June 29, 2017, court records say.
