February 28, 2008
Recently, I discussed a potential strategy for the reformation of steroid laws that has been used by drug law reformers seeking to legalizing other scheduled drugs like marijuana. In sum, instead of arguing that steroids are relatively benign drugs whose side effects have been grossly exaggerated, efforts towards reform should focus on arguing that “legalization is safer than prohibition.”
I received an email from attorney Philip Sweitzer, Esq. who strongly disagreed with this approach:
The problem with this approach is that it fails to take into account the widely disparate constitutional differences between steroids and hallucinogens/opiates, making them all part of the same “legalization” regime. Steroids should be legalized, specifically because their profile for addictive abuse is ZERO. This argument plays right into the hands of the prohibitionists, by making one issue (steroids) the same as the other (addictive opiates and non-addictive hallucinogens.) We have to get out of the “one drug is the same as any other drug” mindset, in developing public policy on drugs.
He agrees that prohibition isn’t effective, but we should never forget that anabolic steroids do not meet the traditional Control Substances Act criteria for scheduling and should never be lumped together with other Schedule III substances.
I agree with the “prohibition just doesn’t work anyway,” idea and the concept that incarceration as a tool of prohibition is a waste of tax payer money. But framing the argument around other Schedule III drugs I think buys into the notion that AAS belong there – AAS need to be OFF Schedule III.
I think he is right. While prohibition may represent bad public policy and legalization/regulation would be a better alternative, the circumstances surrounding the scheduling of anabolic-androgenic steroids are unique and deserve to be evaluated independently.
Steroid law reformers should primarily focus on repealing the Anabolic Steroid Control Act and removing them from the list of controlled substances. Regardless of feelings regarding the Controlled Substances Act and prohibition, anabolic steroids do not belong there. We should not cede this point.
February 28, 2008
The Hennepin County medical examiner has determined that amateur bodybuilder Erik Fromm died from an accidental overdose of Fentanyl. Fentanyl is a highly potent painkiller described as 80 times as strong as morphine. Fromm was in a severe car accident that resulted in severe pain.
Fromm had a serious traffic accident about a year ago in Wyoming, causing him severe pain in his lower back and in his legs and arms, said Kevin Schreifels, a friend of Fromm’s.
“He was rating the pain pretty high,” said Schreifels, a doctor at Lyn-Lake Chiropractic in Minneapolis. He said he was unaware of Fromm using fentanyl.
February 27, 2008
Chris Bell told me via email yesterday that his film was sold to a theatrical distribution company with a public announcement coming on Friday. Today, Variety broke the story early by announcing that Magnolia Pictures (co-founded by Dallas Mavericks onwer Mark Cuban) has purchased the worldwide distribution rights to Christopher Bell’s “Bigger Stornger Faster*”, a steroid documentary that critical examines steroid use in society while the filmmaker looks at steroid use by his brothers.
Magnolia plans to release muscle docu later this year theatrically to be followed by play on HDNet. Magnolia and HDNet are part of Todd Wagner and Mark Cuban’s Wagner/Cuban Companies, which also include Landmark Theaters chain and 2929 Productions.
Magnolia Pictures was co-founded by Dallas Mavericks onwer Mark Cuban. Mark Cuban is a big fan of the film.
“I love this movie!” said Mark Cuban, owner of Magnolia, Landmark Theaters, HDNET, and the Dallas Mavericks, “It’s informative, fascinating and hysterical – all the things a movie about steroids should be. You can’t miss this one if you are a sports fan.”
Congratulations, Chris!
February 26, 2008
“Bigger Stronger Faster*,” the steroid documentary from director Christopher Bell is continuing its screenings at film festivals around the country. It will be played this weekend in Columbia, Missouri at the True/False Film Festival.
“Bigger, Stronger, Faster,” which will inevitably be described as reminiscent of Michael Moore because the director, Chris Bell, has a strong and humorous voice and he’s out to explore nothing less than the American dream, through the lens of the bodybuilding craze that made he and his brothers take steroids like they were candy. Since we were full up at the inn already, we squeezed it in to the Forrest at 5pm on Friday, right up against the March into March. Read more
February 26, 2008
Anabolic-androgenic steroids are probably the least dangerous category of drugs scheduled under the Controlled Substances Act (CSA) even though the medical side effects are irrelevant to the scheduling criteria of the CSA. According to the American Medical Association, they do not meet the traditional Control Substances Act criteria for scheduling. Even as the “bastard child of controlled substances,” there has been little advocacy for the reform of anabolic steroid laws.
Anabolic steroids are currently illegal for non-medical purposes such as performance enhancement or cosmetic enhancement. If you think that anabolic steroids should be legal for the purposes in adults who do not compete in sports subject to a doping code prohibiting performance enhancing drugs, you may want to consider strategies discussed by other drug law reformers.
According to Alex Coolman of the Drug Law Blog, how you frame the legalization argument is crucial:
But I agree that it’s time to move away from the argument that “we should legalize drugs because, hey, they aren’t that harmful.”
My take on the “right” approach tends to be more oriented around civil rights and the costs of using prisons as tools of social control.
Just because you believe the dangers of anabolic steroids have been exaggerated, manufactured, or overstated doesn’t make for an effective anabolic steroid legalization strategy.
Pete Guither has some advice for drug reformers at Drug War Rant. He focuses on legalization efforts for marijuana, but replace pot with steroids and the advice is equally useful.
What we need to do is show the people that legalization is safer than prohibition.
We need to convince people that marijuana prohibition is endangering their children, robbing their checkbooks, hurting their property values and causing moral decay. We need them to understand that legalizing pot will make their streets safer and eliminate poverty.
You get the idea. Self-interest.
Now that’s not so critical to you or I. We understand what’s at stake. But we forget that the rest of the population doesn’t have our knowledge. We have to shake them out of their drug policy illiteracy.
Wrong approach:
Pot isn’t very harmful. We can protect against drugged drivers. It’s not a proper law. We should legalize marijuana.
Right approach:
Pot prohibition is causing criminals to prey on your children. We must legalize and regulate it NOW to cut back on damage to our cities and our families.
The only way to motivate people enough so that they’ll go past what the government tells them they should think is to make it personal.
The government is spending a lot of money and resources in the war on steroids (as part of the overall war on drugs). What is the cost-benefit of incarcerating steroid users? Wouldn’t legalizing steroids and regulating them be a better alternative?
February 25, 2008
Elite Fitness published an article today discussing the implications of Liberty Media’s acquisition of a controlling stake in Bodybuilding.com:
Many people have already heard that the world’s largest bodybuilding company, bodybuilding.com, sold a huge controlling stake to Liberty Media, parent of QVC, for $100 million dollars. However, what some people don’t know is that there are those who are panicking for various reasons and some even believe that the sale could cause the sport of bodybuilding to die off!
I was one of the people panicking about the implications for professional bodybuilding. When there are changes in ownership, particular when a closely held private company is acquired by a publicly traded conglomerate, there are often changes in strategy and management.
So, within hours of the January 7, 2008 acquisition announcement, I contacted Ryan DeLuca, the CEO and founder of Bodybuilding.com to clear the air. DeLuca granted me an interview (which was published on Muscletime) the same day. Ryan assured me that the Bodybuilding.com strategy included increased involvement in the sport of pro bodybuilding:
[Bodybuilding.com's involvement in pro bodybuilding] will continue to increase. We are 100% dedicated to giving back and helping the sport of bodybuilding to grow and prosper. If anything, this deal will only help us with that mission!
In spite of Ryan DeLuca’s refutations of changes in strategy as I confirmed in my Muscletime interview, Elite Fitness points out how the rumors persisted.
Strewn across Internet sites and forum boards are claims that bodybuilding.com must remove anything even remotely controversial from their site as part of the deal. That means anything to do with steroids and other hardcore bodybuilding topics must be axed in order to suit Liberty Media.
The change in the Bodybuilding.com forums that fueled many of the rumors was the relocation of the “steroid forum” to a sub-forum of the “IFBB section.”
When asked of any changes he had noticed on the site, Hawryliw said, “The biggest change I have seen was the steroid section being moved to the IFBB section. They claim it was to help to keep “noobs” (beginning users) from asking stupid questions. We all know the real reason was to take the steroid section off the front page to avoid any negative light. Ironically, steroids were prohibited from being talked about in the IFBB section before. Now, steroids are a sub-section.”
This was noticed several weeks ago prior to the acquisition announcement by Liberty Media.
But there is a big difference between censorship (deletion) and a reorganization of the forums of a message board. Elite Fitness further confirmed that Liberty Media has not asked Bodybuilding.com to delete controversial steroid content from their forums.
And he told me what is really going on with the issue of controversial material being moved or removed due to the Liberty Media deal mentioning, “This is not true. They have not asked us to remove anything or change anything on our site. Of course, with more national media watching what we are doing than ever before, we have to be extra careful with what we do or say so we don’t end up on Dateline.”
Unfortunately, it is not raining steroids, but at least the sky is not falling.
February 25, 2008
With all the steroid hysteria, it is not difficult to forget that anabolic steroids are legal and have therapeutic uses. Many assume it is forbidden take injectable steroids and syringes/needles on board a domestic airline in carryon luggage.
According to the U.S. Department of Homeland Security (Transportation Security Administration), there is nothing illegal about taking anabolic steroids or any other injectable medication on board an airplane. Even with increased airport security, you are permitted to take an unlimited number of unused syringes as long as it is accompanied by the injectable medication.
Unlimited number of unused syringes when accompanied by insulin or other injectable medication…
Medications must be labeled so they are identifiable.
Of course, if you do not possess a valid medical prescription for anabolic steroids, you may be subject to other law enforcement action!
Also, TSA will visually examine your steroids and needles as a customer service:
Medication and related supplies are normally X-rayed. However, as a customer service, TSA now allows you the option of requesting a visual inspection of your medication and associated supplies.
You must request a visual inspection before the screening process begins; otherwise you medications and supplies will undergo X-ray inspection.
If you would like to take advantage of this option, please have you medication and associated supplies separated from your other property in a separate pouch/bag when you approach the Security Officer at the walk-through metal detector.
February 20, 2008
Howard Levine, M.D. of Northwest Lifestyle Medicine was sentenced to almost two years in prison for dealing anabolic steroids out of his Seattle medical office. According to court documents, Levine sold approximately FIFTY – 10mL vials of anabolic steroids (including nandrolone decanoate, stanozolol, testosterone enanthate, trenbolone acetate as well as oxymetholone tablets, human growth hormone, and nandrolone decanoate and testosterone gels) to two undercover agents and a paid DEA confidential source over the course of 18 months. Levine also sold several thousand dollars worth of anabolic steroids to a Las Vegas trainer for local bodybuilders on at least one occasion.
Over the course of the investigation, Dr. Levine was always alone in his medical office; there were no secretaries, nurses, or other administrative support staff present but he had a pool table a refrigerator full of beer. Levine never conducted any sort of medical assessment or history before prescribing steroids. During the course of the investigation, Levine discussed the resale of steroids by his clients including suggested prices. He also told his clients that they were considered drug dealers under the law and suggested that they refer their customers to him to avoid the possibility of criminal prosecution; he even offered to pay them a referral fee if they chose to do that.
Search warrants executed on Levine’s MSN and AOL email accounts (seattelmd@hotmail.com and ageisonlyanumber@aol.com) revealed that he sold steroids over the internet using the alias “Alan” where customers paid by credit card; there was no physical examination or medical questionnaire or any semblance of a doctor-patient relationship.
Levine was previously disciplined for selling Viagra over the internet via his company Confirmed.com LLC and ordered to cease selling prescription drugs via email and over the internet.
Levine was sentenced to prison for trying to extort $500,000 from Jack-in-the-Box stating that he was given spoiled chicken and threatening to take his story to the New York Times.
February 20, 2008
Did you ever wonder how an internet source gets busted? It’s often a textbook process by the feds in many cases. Most sources are not particularly sophisticated. And you usually have a couple of low level sources and partners who flip the bigger internet source. These guys are richly rewarded by our criminal justice system. Court documents provide some insightful details.
It started with the arrest of Jacob Piergiovanni aka “D2K3″ on April 10, 2007. D2K3’s computer revealed he had imported about 2,000 lbs of steroid powder since 2003. D2K3 was busted thanks to a cooperating defendent in Louisiana.
Two weeks later, under instruction from the feds, Piergiovanni used his email account d2k3@cyber-rights.net to place an order for anabolic steroid powders from “Worldwide” at worldwidegrowth@hushmail.com.
On April 26, 2007, FDA Special Agent David Westall used D2K3’s handle and email account to arrange the purchase of 2 kilograms of powder testosterone propionate, testosterone base, and testosterone enanthate from Worldwide for $1600.
On April 28, 2007, Worldwide requested that two payments of $800 be sent via Western Union to Alex Lewis in Ingliss, Florida with identification requirement waived in favor of a test question and answer.
On April 30, 2007, undercover SA David Westall using the handle D2K3 made payment according to Worldwide’s instructions.
On May 21, 2007, Worldwide emailed D2K3 (SA Westall) to inform him that steroid powders arrived from China.
On May 23, 2007, Worldwide shipped the steroid powder to an undercover mailbox in Brunswick, George that SA Westall provided as a shipping address.
On May 24, 2007, just over one kilogram of steroid powder was received at the undercover box. The steroid powder was shipped from Antioch, Tennessee.
At this point, federal investigators knew that Worldwide was not operating alone. Someone else was receiving and remailing steroids for Worldwide. So, they arranged a sting operation to bust Worldwide’s partner in Tennessee.
On May 25, 2007, SA Westall asked if Worldwide would be willing to receive steroid shipments from China on his behalf. SA Westall did not want to use Worldwide’s source but wanted to use his own Chinese steroid supplier.
Worldwide agreed to receive 2 kilograms of steroid powder from SA Westall’s China powder source and remail it to SA Westall (still operating under D2K3 handle). The fee for this service was $350 payable via Greendot pre-paid Visa/Mastercard.
On May 28, 2008, SA Westall purchased a Greendot card at CVS Pharmacy and emailed the card number to Worldwide.
SA Westall then requested a mailing address from Worldwide where the Chinese steroid powder could be shipped.
SA Westall then made an undercover purchase of steroid powder from a Chinese supplier of anabolic steroids identified as “top_hormone”. We believe this is well-known spammer Andy Xu who spammed various bodybuilding message boards using the following email addresses and websites:
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andyxu@hormonechem.com
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deenxu@hotmail.com
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andyxzping@yahoo.com.cn
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http://www.andychem.com
On May 29, 2007, Worldwide told SA Westall to have the Chinese steroid supplier ship the steroids to Jeff Beaty’s home address; Worldwide unknowingly gave up his partner, including real name and home address, to the feds.
SA Westall paid “top_hormone” $1217 for two kilograms of powder steroids.
On May 30th and May 31, 2007, “top_hormone” shipped two kilograms of powder steroids via expedited delivery in two shipments to Jeff Beaty aka “The Priest” in Antioch, Tennessee.
On June 2nd and June 4, 2007, both packages of steroids arrived at the Nashville, Tennessee post office.
On June 4, 2007, federal agents executed an anticipatory search warrant at Jeff Beaty’s house where they found the two kilograms of steroid powder from top_hormone. The next day they were surprised to see another shipment arrive from China containing 100 vials of growth hormone along with a FedEx envelope with $2300 cash.
Federal agents learned that Beaty received steroids and growth hormone from China and remailed them on behalf of Worldwide. In addition, Beaty was responsible for the receipt of payments for internet steroid sales and wiring payment to Chinese suppliers of steroids and growth hormone on behalf of Worldwide.
“The Priest” gave investigators Worldwide’s phone number. The feds subpoenaed phone records and learned that the phone number was the home phone registered to Matthew Jack (subsequently identified as the father of Worldwide) in Homosassa, Florida. The feds learned that David Paul Jack aka Worldwide lived with his mom and dad at that residence.
On June 14, 2007, a search warrant was executed at the home of Worldwide’s elderly mother and father in Homosassa, Florida. His parents confirmed their son had several Greendot cards in various different names, they identified their son’s voice in voice messages left on Jeff Beaty’s phone, and permitted investigators to review their caller id box where Jeff Beaty’s phone number appeared multiple times. The stated they did not know Beaty and their son was the only other person in the household who made and received phone calls.
David Paul Jack’s girlfriend gave up all the fraudulent names and identities used for Greendot cards and his internet handles including “bjbowden”. She told investigators that Worldwide also had a partner in California in addition to the “The Priest” in Tennessee.
“The Priest” continued to cooperate with federal investigators and allowed the feds to use his online identity in ongoing correspondence with Worldwide.
The Outcome
All three people involved face similar steroid distribution and conspiracy charges, including conspiracy to distribute and possess with intent to distribute anabolic steroids. They all faced up to 5 years in prison and up to $250,000 in fines.
David Paul Jack aka “Worldwide” and “bjbowden” pleaded guilty as part of a plea agreement with federal prosecutors. He was sentenced to 48 months in prison on December 18, 2007. In exchange, he got to choose which prison he would serve his sentence. His 15-month old daughter is now being raised by his parents.
Jacob Piergiovanni aka “D2K3″ pleaded guilty as part of a plea agreement with federal prosecutors. He was sentenced to 5 years probations on December 10, 2007 in exchange for his cooperation with the feds.
Jeff Beaty aka “The Priest” pleaded guilty as part of a plea agreement with federal prosecutors. He was sentenced to 5 years probation on February 15, 2008 in exchange for his cooperation with the feds.
February 18, 2008
New York Yankees baseball player Andy Pettitte allegedly obtained human growth hormone from his father who obtained it from Kelly Blair who may have obtained it from pro bodybuilder Craig Titus. It has yet to be determined where Craig Titus obtained the growth hormone. Former IFBB Pro bodybuilder Craig Titus has been in jail awaiting trial in the murder of his personal assistant
Kelly Blair is the owner of 1-on-1 Elite Personal Fitness in Pasadena, Texas. He attended Deer Park High School with Andy Pettite. Craig Titus is formerly from the Houston area.
According to the Craig Titus and Kelly Ryan Investigation website:
The Daily News reports some of the drugs came from steroid-user Craig Titus, a champion bodybuilder who is facing a murder trial in Nevada for the slaying of his former live-in assistant.
Kelly Blair is also allegedly linked to Roger Clemens son:
Also, Blair was reportedly seen working with Koby Clemens, the son of seven- time Cy Young Award winner Roger Clemens, who was involved in a heated congressional hearing this past week. However, the Daily News reports that Koby Clemens, who is now playing baseball in the minors, hasn’t been linked to any illicit activity at the gym.
February 17, 2008
Dave Palumbo of Muscular Development reports that former IFBB Pro Bodybuilder and former American Gladiator Shelley Beattie died on February 13, 2008. She was 39 years old.
Beattie played “Siren” on the original American Gladiators series (not be confused with Valerie Waugaman who plays “Siren” in the current series). Beattie was one of very few and the most accomplished deaf female professional bodybuilders. She was an actress who appeared in the movie Hot Shots! Part Deaux that starred Charlie Sheen. She was formerly married to John Romano
February 17, 2008
Jeff Beaty aka “The Priest” pleaded guilty on Friday, February 15, 2008 to the charge of conspiracy to distribute and possess with intent to distribute anabolic steroids. Beaty was arrested and indicted as part of Operation Raw Deal.
Newspapers have identified Jeff Beaty of Nashville, Tennessee as an MMA fighter. He trained at Nashville MMA. His MySpace page has been inactive since last fall.
Assistant U.S. attorney Brian McEvoy described the “significant assistance” provided by Beaty to the Florida Times-Union with use of his internet handles:
He allowed [federal] agents to use his online identity and identified cellular telephone numbers that led to [several] convictions.
The plea agreement details Beaty’s cooperation as follows:
The defendant agrees to cooperate fully and testify truthfully against any and all persons as to whom the defendant may have knowledge whenever called upon to do so with regard to the facts underlying the information in this case, as well as the government’s continuing investigation into the circumstances underlying the information. The defendant understands that this agreement does not require the defendant to “make the case” against any particular person or persons. Rather it requires the defeant to be truthful and to testify truthfully whenever called upon. The defendant agrees to fully and truthfully respond to all questions asked by law enforcement officers. Defendant agrees to a polygraph examination if deemed necessary by the government to verify the truthfulness of information the defendant is supplying pursuant to the cooperation provision of this plea agreement.
Beaty faced up to 5 years imprisonment and up to $250,000 fine. As part of his plea agreement, prosecutors recommended probation. The court granted the “motion for downward departure” on Friday. Beaty was sentenced to 5 years probation:
Sentence: 5 Years Probation with standard conditions of probation. urine testing, prohibition against possession of any firearm or other dangerous weapon and against the violation of any law. DNA sample as directed by the USPO. deft shall participate in a program of testing for drug and alcohol abuse and if necessary, participate in program for treatment. 150 hrs of community service during the first 18 months of probation. Deft shall submit his person, residence, office, or vehicle to a search conducted by a USPO at a reasonable time and in a reasonable manner. Court accepts the plea agreement.
February 16, 2008
Federal authorities have shifted significant resources to investigation of steroid trafficking within the United States and internationally. Given the prevalence of steroid use in professional bodybuilding, many observers felt it was only a matter of time before the federal investigations reached the sport of bodybuilding. When David Jacobs was arrested in May 2007 on steroid distribution charges, there was a great deal of anxiety within the sport; Jacobs had close ties with various professional bodybuilders and national level bodybuilding competitors in the State of Texas. The collective anxiety increased through November 2007 when court records revealed Jacobs had entered a plea agreement with federal prosecutors.
Sources close to the investigation have told MESO-Rx that, in spite of Jacobs close ties to the sports, bodybuilders were never the targets of the investigation.
Individuals who have worked with the assistant U.S. attorney Samuel Cantrell in the United States District Court (Eastern District of Texas) paint a picture of a young, fair and open-minded prosecutor who is very good at his job with a 93% conviction rate. We are told Cantrell is primarily concerned with disrupting the supply chain of anabolic steroids to (1) professional athletes who use them to gain an unfair advantage in sports competitions where performance enhancing drugs are explicitly prohibited, and (2) teenagers whose use may adversely affect their health during a critical developmental period.
Independent sources tell us that federal prosecutors in the Eastern District of Texas could care less about bodybuilding. Cantrell purportedly does not display a moralistic condemnation of steroid use in bodybuilding; he is of the opinion that anabolic steroid use is an overt part of the sport which has no explicit proscription of the use of performance enhancing drugs by any of its competitors at the novice, amateur or professional levels. It’s obvious that everyone in pro bodybuilding uses them.
Individuals in Cantrell’s office have even expressed admiration at the dedication and determination exhibited by bodybuilders. While they do not see steroid use in bodybuilding as morally “bad”, but make no mistake that they believe the illicit use, sale and distribution is “wrong” simply because it is against the law.
Even in the case of David Jacobs where the defendant had obvious ties to various competitive bodybuilders, a source familiar with his case files informs us that Jacobs was only asked about two pro bodybuilders and only because of the extensive photographic and videographic evidence linking Jacobs to Branch Warren and Art Atwood.
According to one source, Branch Warren was never investigated after Jacobs denied Warren ever had any involvement. Furthermore, federal investigators had no evidence to suggest Warren was ever involved in the distribution of anabolic steroids. Friends of Branch Warren confirm his adamant stand against involvement in steroid distribution.
On the other hand, federal prosecutors had two years of detailed records, including photographs and video surveillance documenting a relationship between David Jacobs and Art Atwood; the same source tells us that Jacobs basically only confirmed the evidence detailing the Jacobs-Atwood relationship.
The damage to the sport of bodybuilding will be limited since bodybuilding is not the apparent target of the Texas steroid investigations.
February 15, 2008
IFBB Pro Bodybuilder Hidetada Yamagishi recently had all felony steroid possession and distribution charges against him dismissed; he pleaded guilty to only a misdemeanor count of possession of Viagra without a prescription. Nonetheless, this was enough to result in the revocation of his O-1 travel visa granted to foreign athletes who have extraordinary ability and have received international acclaim and recognition in their respective sport. As a result, he was taken into federal custody and placed in the Federal Correctional Institute at San Pedro, California.
Yamagishi retained immigration attorney Ms. Montserrat Miller, Esq. from the law firm Greenberg Traurig. Hide was given the option of remaining incarcerated while he fought the revocation of his O-1 visa or he could voluntarily return to Japan. Upon the advice of Ms. Miller, Hidetada Yamagishi chose the latter option.
When Hide returns to Japan, he will be faced with decisions on how to proceed with his bodybuilding career as it involves travel to the United States. Flexonline outlines his options:
Now, Yamagishi must choose whether he wants to fight the revocation of his visa from Japan or apply for re-entry to the United States. IF he chooses to contest the revocation and loses, Yamagishi faces a five-year ban where he will not, under any circumstances, be allowed to enter the United States. However, if Yamagishi elects to apply for a re-entry visa and is approved, it is likely that he would be allowed back in the country within the next few months.
February 11, 2008
Kenneth Herbert, one of the principals behind the anabolic steroid underground labs TexStar Labs, Phalco Labs and Nassau Pharmaceuticals, has pleaded guilty to one count of conspiracy to possess with intent to distribute anabolic steroids and has agreed to cooperate with federal authorities. In exchange, prosecutors will drop 28 other counts listed in the federal indictment including money laundering and conspiracy to commit money laundering.
Kenneth Herbert and his common law wife were arrested in September 2007 as part of Operation Raw Deal. Another steroid distributor who was arrested on March 28, 2007 in a related investigation provided information to the DEA that led to crackdown on the UGL.
Authorities claim they operated one of the largest underground labs (UGL) in the country. Court records show the following items were seized from Herbert’s residence:
Four pill/tablet presses, approximately eight kilograms of raw steroid powders, over 100,000 steroid pill/tablets, a clandestine steroids laboratory, and a large volume of glassware, vials, and bottling supplies. The items seized were consistent with a large scal steroids laboratory capable of producing at least 50,000 tablets per hour.
Kenneth Herbert is scheduled for sentencing on May 1, 2008. He faces up to 5 years in prison and/or a fine of up to $250,000. Prosecutors will recommend sentencing at the low end of federal guidelines assuming the Herbert provides “substantial assistance” in agreeing to “cooperate, debrief and, if necessary, testify.”
