Oklahoma law enforcement has arrested numerous amateur and professional bodybuilders in an ongoing investigation into the distribution of anabolic steroids that started in December 2007. Special Agent R. Brian Surber, of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD), has spearheaded the investigation that has resulted in numerous arrests. It has also resulted in the steroid raid of a U.S. Secret Service Agent that did not result in any arrests or criminal charges.
The Oklahoma investigation may be setting a trend in law enforcement with the profiling of bodybuilders as users of anabolic steroids. Special Agent Brian Surber has seemingly perpetuated “physique profiling” in several steroid cases. Surber has allegedly shown a bias towards using bodybuilder-type physiques as putative evidence of anabolic steroid use. He has used photographs of a suspect’s muscular physique as part of the probable cause to support the acquisition of search warrants (”Multiple bodybuilders busted for anabolic steroids in Oklahoma – more busts on the way“, April 17).
As I said, I’ve spoken to [Brian Surber] (*now on multiple occasions) and can tell you that he’s very sharp – as part of his probable cause warrants, he even includes pictures of the “alleged” steroid users. Think about that for a second…those pictures of Darrell Terrell and Sherry Smith, which were all over the Internet showing off their physiques – ultimately helped lead to their downfall, and were used as part of the probable cause to issue a search warrant for steroids on them.
It should be noted that the Oklahoma investigation has not used “physique profiling” as a primary predictor of steroid use. Physique as a criterion for obtaining search warrants appears to be one among many factors. However, the emergence of physique profiling in the war on steroids should serve as warning to bodybuilders who have not traditionally been subject to discrimination by law enforcement based upon their physical appearance.
OBNDD Special Agent Brian Surber is NOT a rogue agent blatantly violating the law in a witch-hunt against bodybuilders. Surber is an accomplished attorney intimately familiar with search and seizure law with extensive “in the field” experience. Accordingly, potential efforts by the Oklahoma Bureau of Narcotics to profile bodybuilders should be taken very seriously.
R. Brian Surber was formerly the Deputy General Counsel for the OBNDD, a prosecutor for the Eighth District Drug Task Force in Oklahoma, a special assistant attorney general for the State of Oklahoma multi-county grand jury division and a special prosecutor for the Oklahoma County District Attorney’s Office. Surber has also authored two books, “The Investigator’s Guide to Search and Seizure” and “The Prosecutor’s Guide to Fourth and Fifth Amendment Motions to Suppress“.
At one time, most of Surber’s efforts went toward legitimately making our communities safer; Surber received considerably accolades as he helped thwart murderers, shut down methamphetamine labs, and catch rapists.
[Brian Surber] has even done undercover work, posing as a hitman. And for all of the people who say “these guys should be going after meth labs” – you can check Agent Surber’s record, because he’s done that too. He’s even caught rapists (check out this story – you’ll need to scroll down and read the letter he wrote, detailing how he solved a rape case from another state!).
For whatever reason, the focus of Surber’s considerable knowledge and experience seems to have been diverted to the the investigation and arrest of bodybuilders for non-violent crimes involving anabolic steroid possession and distribution.
Given the role of Brian Surber in the Oklahoma steroid investigations and the use of “physique profiling”, it worthwhile to review some of his recommendations and advice aimed at law enforcement with special considerations as to how it could apply to bodybuilders.
An article written by Surber for the Oklahoma State Game Warden Association may provide some insight into how law enforcement officials can attempt to accomodate the Fourth Amendment when using a bodybuilder-type physique as putative evidence of steroid use in establishing probable cause (”Search and Seizure For The Oklahoma Game Warden“, 2005).
A game warden needs probable cause to arrest and probable cause to search. Forget all of the hoopla surrounding the definition of probable cause. It is simply a FAIR PROBABILITY. Just ask yourself, With the facts I know, is there a fair probability that: (1) I’ll find some evidence, (2) the suspect committed the crime (i.e., if you hear a high powered rifle shot in late November, forty-five minutes later the suspect walks out of the woods with blood on his hands and pants, is there a FAIR PROBABILITY that he shot a deer?).
The important standard of evidence for probable cause involves “fair probability”. How could Brian Surber’s interpretation of “fair probability” be applied to the profiling of bodybuilders?
Is there a fair probability that bodybuilders competing in the NPC and/or IFBB uses anabolic steroids? Is there a fair probability that the bodybuilders committed a crime to obtain anabolic steroids? E.g. if you see an extremely muscular and well-defined bodybuilder compete in an IFBB or NPC competition, is there a fair probability that he uses steroids?
Is you see any big, muscular and lean individual walking out of a commercial gym in a tank-top, is there a “fair probability” that he (or she) uses steroids? Then, why not use his (or her) bodybuilder-type physique as part of the probable cause for a search warrant?
Brian Surber’s interpretation of “reasonable suspicion” sets an even lower standard of evidence as the requirement to detain an individual.
You need a reasonable suspicion to detain a suspect or stop his vehicle. The courts have defined this as “much less demanding than probable cause and considerably less than a preponderance.” That means that your suspicion could be flat out wrong a considerable majority of the time. That is not much guidance and this is a tricky area of law. You should be okay if (1) you are suspicious, and (2) you can articulate why (i.e., more than a hunch).
Surber’s interpretation would suggest that it is acceptable for law enforcement to detain bodybuilders and/or stop their vehicles if the officer can make up (and “articulate”) a good reason. After all, there is apparently nothing to lose since law enforcement can be wrong most of the time.
Next, Surber offers some tips for “articulating probable cause and reasonable suspicion”.
Tips for Articulating Probable Cause and Reasonable Suspicion:
Expert Testimony: Rather than a judge or prosecutor telling you whether you have probable cause or a reasonable suspicion, you are more equipped to tell them. [...] Here is the trick: You must be able to describe to your prosecutor or judge why you thought this activity was suspicious. For instance, if you are set up on surveillance, don’t just say that I observed the defendant’s vehicle traveling at a suspicious speed. Rather, say that you have observed dozens of vehicles traveling down this road, farmers and local residents travel at approximately X speed, this vehicle was in an area known for road hunting, the vehicle traveled at a speed consistent with deer poaching and the occupants appeared to be scanning the clearings, etc.
How would a law enforcement investigator potentially utilize Brian Surber’s “tips” to target bodybuilders with probable cause?
Brian Surber provided us with an example when he wrote the following in support of a search warrant leading to the seizure of three computers during the Maryland SWAT team raid of a United States Secret Service Agent. Surber “articulates” the belief that bodybuilders’ use of computers to communicate via email, discussion of steroids using the Internet, and/or storage of pictures of themselves with other steroid-using bodybuilders are consistent with steroid use.
I have also learned from other experience steroid investigators that bodybuilders and anabolic steroid users abusing performance enhancing drugs utilize personal computers as a form of communication. I have also learned that individuals I have investigated for steroids in Tulsa were in fact communicating over their computers regarding anabolic steroids, growth hormone, and other performance enhancing drugs. I have also found in my investigation that the users of anabolic steroids often maintain photographs (image files) on their personal computers and also found these photographs are relevant to establish relationships between the co-conspirators.
Regrettably, Brian Surber has gone from a prosecutor and agent who legitimately made our communities safer by putting violent criminals behind bars to someone who spends an ever increasing amount of time trying to put non-violent bodybuilders behind bars on steroid crimes.
The flawed steroid laws are ultimately to blame for the colossal waste of taxpayer resources used for steroid investigations; however the police perpetuation of physique profiling, and the inevitable false positives, in the war on steroids is reason for concern. Profiling by law enforcement could have particularly dire consequences for a marginalized bodybuilding subculture.
The Maryland residence of a United States Secret Service Agent was raided in July 2008 based on unverified allegations of steroid possession and distribution. The allegations were obtained during the course of the Oklahoma steroid investigation targeting competitive bodybuilders that started in December 2007.
At least fifteen members of the Maryland State Police SWAT team led by Matthew Newman entered the Agent’s house and held his family (including an infant child) at gunpoint during the raid. No anabolic steroids or illegal drugs of any kind were found. Analysis of the seized computer and bank records revealed no evidence of illegal activity. A urinalysis revealed no evidence of steroid use by the suspect. No charges were filed.
The Maryland raid is part of a larger steroid investigation spearheaded by R. Brian Surber, agent and attorney with the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD). The Oklahoma-based investigation has led to the arrests of several IFBB and NPC bodybuilders and others in the Oklahoma competitive bodybuilding network. Surber has promised additional arrests including out-of-state arrests.
A disturbing trend has emerged in most of these cases. Brian Surber has shown an apparent bias towards using bodybuilder-type physiques as putative evidence of anabolic steroid use. While not a primary predictor of suspected steroid violations, Surber has reportedly used pictures of the muscular physiques as part of the probable cause to obtain search warrants in similar cases. Read more
Bruce Zaccaria continues to be improperly detained without bail in the Joe Corley Detention Facility after his arrest in the Texas steroid bust codenamed Operation Pharmacia Juicy Fruit according to his lawyer Trent Gaither. Zaccaria was charged with one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” with a maximum penalty of up to 5 years in prison.
The United States Magistrate Judge Calvin Botley refused to release Zaccaria on bail due to “clear and convincing evidence exists” that he is a “danger to the community”. Magistrate Botley further stated that “no conditions or combination of conditions… would secure the safety of the community” if Zaccaria is released.
The sole stated reason for Bruce Zaccaria’s detention was based on the allegation that he bought and distributed approximately 250 vials of anabolic steroids to bodybuilders who were members at 24 Hour Fitness. Who knew that steroid-using bodybuilders made 24 Hour Fitness, or any commercial gym for that matter, so dangerous for the community at large?
Attorney R. Trent Gaither suggests that the government may have arbitrarily and capriciously, in violation of the Bail Reform Act, detained Zaccaria while inexplicably releasing most of his co-defendants indicted on similar, multiple or much more serious charges, including those who sold more dangerous drugs such as MDMA and hydrocodone .
As of this writing, Zaccaria is one of only five who have not been released on bond of some sort. For example, Charles Brock Falkenhagen is charged in 44 counts, including at least four different kinds of drugs, with exposure of well over ten years. Yet, he has been released on a $75,000 unsecured bond. Several of those charged with counts subject to ten or twenty years are likewise released on unsecured bonds. There was no evidence presented that would distinguish Zaccaria as being inherently more dangerous than the co-defendants, especially those charged with more serious crimes, subject to greater prison exposure, or who were more actively involved.
Disparity is an issue at sentencing, and should be a factor to consider in pre-trial detention. Upon what theory is lodged and explained the notion that the alleged kingpin of the organization, who arguably is subject to about 500 years in prison, less dangerous than one whose maximum exposure is 5 years? This is, of course, not limited to just Falkenhagen. One can go down the list and easily come to the Alice in Wonderland-ish conclusion that the defendant who has among the least exposure is somehow considered by the government to be the most dangerous, and the individual who has, under the government theory, demonstrated his capacity for all kinds of evil doings, yet is apparently not all that dangerous..
Bruce Zaccaria was one of FOUR defendants ONLY charged with ONE count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the 46 count Falkenhagen indictment. The other three co-defendants facing identical steroid-related charges are NPC Texas Chairman Lee Thompson, NPC bodybuilder Bryan Barth, and NPC bodybuilder Brandon George. Thompson was quickly released on $50,000 unsecured bond and Barth and George were each promptly released on $75,000 unsecured bond. They remain free while awaiting trial.
NPC Oklahoma bodybuilder and promoter Tom Burke pleaded guilty to a criminal felony steroid conspiracy charge on June 4, 2009 and was granted a deferred sentence of two years probation. Burke’s plea will be expunged without a conviction upon successful completion of the deferred sentence. Burke was one of 6 Oklahoma NPC and IFBB bodybuilders arrested in April 2009 arising out on a two-year steroid investigation targeting Oklahoma bodybuilders.
Tulsa Police interrogated Burke a week prior to his arrest at Symmetry Gym in Tulsa, where he worked as a personal trainer, and allegedly discovered human growth hormone (HGH) and testosterone in his car. Burke was accused of giving anabolic steroids and HGH to bodybuilders at Symmetry Gym to help them prepare for competition according to his arrest warrant. Burke previously competed at the 2007 Branch Warren Classic and helped co-promote the Oklahoma State and Central Classic in previous years.
Agent Brian Surber, of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDDC), has suggested there will be further arrests in the ongoing Oklahoma investigation targeting bodybuilders Read more
Richard and Sandra Thomas, former competitive bodybuilders who competed in 2001 NPC Mid-Florida Muscle Classic mixed pairs competition, were arrested after undercover narcotics detectives recovered several thousand dosages of oral anabolic steroid, injectable steroids, and steroid paraphernalia some of which may have been destined for professional athletes. The Polk County Sheriff’s Office (PCSO) obtained an anticipatory search warrant in preparation for the controlled delivery after Immigrations and Customs Enforcement (ICE) agents in Philadelphia notified them that a large shipment of anabolic steroids was destined for the Lakeland, Florida home of Richard and Sandra Thomas. Polk Sheriff Grady Judd reported the steroid seizure as the largest in the history of the PCSO. The Polk County Sheriff’s Office apparently also seized copies of the steroid reference books “Anabolics 2007” and “Anabolics 9th Edition” which the photographer felt compelled to use creatively in official photographs of the steroid seizure Read more
IFBB professional bodybuilder Guy Ducasse has been indicted on federal steroid distribution and possession charges by a federal grand jury in U.S. District Court for the Northern District of Oklahoma. Guy Marc “Duke” Ducasse was arrested and charged with one count of “possession with intent to distribute anabolic steroids”; four counts of “distribution of anabolic steroids”; and one count of “attempting to corrupt persuade another person with intent to hinder, delay, and prevent the communication to a law enforcement officer of information relating to the commission of a federal offense” (”Steroid inquiry nets at least 7 arrests,” April 17).
“This has been a far-reaching, complex investigation,” Woodward said in a release. “We have identified individuals from Oklahoma, as well as several other states involved in bringing steroids or components of the drug into the United States. The drugs are being manufactured and distributed within a growing circle of individuals tied to competitive body building.”
Federal prosecutors David O’Meilia and Janet Reincke alleges that IFBB pro Guy Ducasse made at least $18,014 between 2006 and April 8, 2008 from the sale of boldenone (Equipoise), dromostanolone (Masteron), methandrostenolone (Dianabol), nandrolone decanoate (Deca Durabolin), oxymetholone (Anadrol), oxandrolone (Anavar), Proviron, testosterone, testosterone enanthate and testosterone propionate. Read more
The use of anabolic steroids by professional baseball players is relatively safe especially when compared to the extreme use of anabolic steroid by professional bodybuilders. The idea that anabolic steroids can be used responsibly and safely is categorically refuted by many anti-steroid crusaders in spite of scientifically evidence to the contrary.
“Think about it: medical science has been using steroids safely in a clinical setting for the last 70 years.” Professor Charles Yesalis, steroid expert and epidemiologist at Penn State University, acknowledges that the media has overstated the dangers of steroids, “Anabolic steroids can be used relatively safely, but at even low doses they can have side effects. No drug, supplement, or substance is totally ’safe.’ Heck, you can even overdose on water.”
Modern-day steroid hysteria has so demonized and stigmatized anabolic steroids that many people are convinced that all steroid use is inherently irresponsible. The use of anabolic steroids in moderation to achieve performance enhancing results is impossible according to critics who believe the dangerous side effects far outweigh the potential benefits at any level of use. Some critics believe that even a single instance of steroid use can cause permanent and irreversible health consequences that may even include fatal steroid overdoses.
Signature Pharmacy has filed a lawsuit against District Attorney David Soares and the Albany County District Attorney’s Office over its steroid investigation entitled “Operation Which Doctor.” The Signature Pharmacy steroid scandal implicated numerous professional athletes and entertainers including top pro bodybuilders. Several months later, an Albany County judge dismissed the criminal indictments against the principals at Signature Pharmacy due to the incompetence of prosecutor David Soares.
Signature Pharmacy and its owners, Stan and Naomi Loomis, allege that David Soares illegally operated outside his jurisdiction in the steroid investigation and prosecuted them without probable cause; Signature Pharmacy further alleges that David Soares is a political opportunist who flew in an Albany Times-Union reporter and tipped off local media to cover an unnecessary steroid raid that was clearly designed as a photo op to promote Soares’ celebrity during an election year Read more
Two amateur bodybuilders told a federal judge about the widespread use of anabolic steroids in competitive bodybuilding. They explained to District Judge Richard Schell that all competitive bodybuilders use anabolic steroids including one of the most famous bodybuilders in the history of the sport – Arnold Schwarzenegger (”Two sentenced for roles in steroids ring run by Plano bodybuilder David Jacobs,” September 5).
“I felt like I did what I had to do,” Mr. Smith said. “Any person you see on stage in those competitions, even [California] governor [Arnold] Schwarzenegger, you can’t get to that size naturally. There’s not one of those people up there who doesn’t take performance enhancing drugs. I got wrapped up in the sport.”
[...]
“I had to do it to be competitive in the sport,” [Jamie Mongeau] told the judge. “I’ve taken responsibility for what I’ve done. I’ll never go that way again.”
Judge Schell advised Brandon Smith to find another hobby to pursue instead of bodybuilding.
The core bodybuilding community is failing to support the critically acclaimed steroid documentary “Bigger Stronger Faster*” at the box office. Bodybuilders have the most to gain by the commercial success of a movie that presents the audience with factual information challenging uninformed beliefs about the alleged dangers of anabolic steroids; such a brilliant documentary has the potential to change attitudes regarding steroids in mainstream America. But if the bodybuilding community fails to support a movie that was, as producer Alex Buono says, “made for them” then it may represent the loss of an incredible opportunity to influence public opinion regarding anabolic steroids. Read more
Jason Trahan and Gary Jacobson of the Dallas Morning News continue their excellent coverage of the federal steroid investigation in North Texas with a review of the rise and fall of one of the largest steroid distribution ring in the country.
The review article profiles steroid dealer David Jacobs and his introduction to anabolic steroids, his integration into the bodybuilding scene, his networking with pro football players, his decision to import and manufacture anabolic steroids, his steroid bust, the dismantling of the Texas steroid network, and his ostracism from the bodybuilding community (”Plano resident’s steroid distribution ring was one of the largest in U.S.,” April 24).
I recommend reading the complete article for a better understanding of the chronology and scope of the Texas steroid investigation. Below are a few excerpts.
David Jacobs’ decision to manufacture and distribute anabolic steroids:
At Lewisville Lake’s Party Cove one weekend, he met his first pro bodybuilder, Art Atwood. The two became friends, and Mr. Atwood helped train the up-and-coming rookie.
Both men were taking steroids, but were unhappy with shoddy Mexican imports.
Mr. Jacobs went online and found a solution: recipes for steroids using raw Chinese powder. Mr. Jacobs soon parlayed his knowledge of Asia, gleaned during his Nokia business trips, into contacts with English-speaking middlemen to the Chinese steroid powder factories.
Sloppy packaging that led to steroid bust:
On March 19, 2007, the United Parcel Service intercepted a soggy package sent from Mr. Jacobs’ Plano home, bound for Wichita, Kan. When officials opened the box, they found a broken glass vial of what turned out to be steroids.
Authorities arrested the man in Kansas who had ordered steroids from Mr. Jacobs, court documents say. Jamie Mongeau, an amateur bodybuilder, told investigators that Mr. Jacobs was his supplier.
Ostracism from bodybuilding community:
Brian Dobson, owner of Arlington’s MetroFlex gym, which produced eight-time Mr. Olympia Ronnie Coleman and where Mr. Jacobs used to train with other bodybuilding friends, said that since his bust, Mr. Jacobs has been ostracized by the bodybuilding community he once serviced.
“A lot of people hate him,” Mr. Dobson said. “To a lot of the other guys who were his buddies, once he got caught, he became the black plague.”
The full text of the article is available on the Dallas Morning News website.
Australian Customs has reported over 300 anabolic steroid seizures during the first three months of the year. This reportedly exceeds steroid seizures from previous years. The increase in steroid shipments confiscated by customs prior to the 2008 Summer Olympics in Beijing is similar to increases seen prior to the 2000 Sydney Olympics (”Steroid imports not ‘linked to athletes,’” April 22).
The hike comes with the Beijing Olympic Games looming in August and follows a similar increase before the 2000 Sydney Olympics.
However, the Australian Anti-Doping Authority (ASADA),which has an unprecedented information-sharing relationship with the Australian government, reports that there is no increase in steroid shipments destined for competitive athletes.
Australian Sports Anti-Doping Authority (ASADA) chief executive Richard Ings said the organisation works closely with customs and is notified of any involvement by Australian athletes in importing performance-enhancing drugs.
“If customs are indicating that they are seeing an increase in seizures, there is no suggestion those products were bound for athletes,” he told AAP.
Authorities attribute the increase in steroid seizures to greater demand by bodybuilders and weightlifters in an “image culture.”
The Athens News, an English-language newspaper in Greece, has been covering the recent steroid scandal plaguing the Greek Weightlifting Olympic Team. The newspaper discusses the anabolic steroid methyltrienolone, one of the three substances in the failed drug tests for the eleven Greek weightlifters. The newspaper makes the preposterous and irresponsible claim that methyltrienolone killed 200 bodybuilders in the 1960s.
Steroid expert Patrick Arnold (Ergopharm) has told me he doesn’t believe methyltrienolone was ever formally introduced commercially; therefore it is extremely unlikely that any bodybuilders were even aware of its existence in the 1960s. It is “completely inconceivable” that 200 bodybuilders died from using methyltrienolone, according to Arnold.
In the Athens News article, Professor Demetrios Kouretas (Department of Biochemistry and Biotechnology at the University of Thessaly) discusses the “deadly” and toxic steroid methyltrienolone (”Testing positive saved lives: Greek biochemistry professor Dimitris Kouretas says methyltrienolone could well have killed Greek weightlifter,” April 11).
“This [methyltrienolone] is a very old drug and no one has tested positive for it in the [recent] past. It is on the banned drugs list. But because it is extremely toxic, especially for the liver, it is not used,” Kouretas said. “Those that tested positive are in a sense very lucky because if they continued, they could have died.”
Of the three banned substances for which the Greek athletes tested positive, methyltrienolone is the most dangerous. The drug was held responsible for the death of about 200 people, mainly bodybuilders, in the 1960s.
“After three or four weeks of taking it, you get severe liver problems, and if you don’t stop, it could lead to death in a few months,” Kouretas.
“For the last 25 years, methyltrienolone has been used in hundreds of laboratory experiments on killing cancer cells. It is commercially called R-1881. But it is not used as an anabolic steroid,” Kouretas said.
The newspaper article quotes Professor Demetrios Kouretas extensively. Dr. Kouretas received a postdoctoral degree from Harvard Medical School and has had over 40 articles published in scientific journals.
Nowhere is Dr. Kouretas directly quoted with the absurd and blatantly false propagandistic statement that the anabolic steroid methyltrienolone killed 200 bodybuilders?! Unfortunately, the author of the Athens News article interjected the statement giving the impression that it may be attributable to Dr. Kouretas.
Greek journalists apparently have no qualms about (mis)using university experts when publishing their steroid misinformation. Dr. Kouretas’ fearmongering about Greek weightlifters (being on the verge of death only to be saved by a positive doping result) was not enough for the author of the report.
U.S. Marshalls acting upon authority of the Food and Drug Administration (FDA) seized the following supplements from the LG Sciences warehouse in Brighton, Michigan: Methyl 1-D, Methyl 1-D XL and Formadrol Extreme XL The FDA alleges that the products are adulterated under the Federal Food, Drug, and Cosmetic Act with “one or more unapproved food additives and/or dietary ingredients.” (”FDA seizes $1.3 million in supplements marketed for bodybuilders from Brighton warehouse,” March 4)
According to LG Sciences, the specific ingredients in question by the FDA are 1,4,6 etiocholan-dione (ATD) and 4-etioallocholen-3,6,17-trione (6-OXO-4-androstenedione).
The U.S. Attorney’s office released the following statement:
FDA has not received scientific information on the safety of the seized products and cannot determine, at this time, whether they represent a hazard to consumers. Therefore, consumers who still have the products should strongly consider discussing the use of these products with their health care professionals. FDA also recommends that consumers consult their health care professionals if they have experienced any adverse events that they suspect are related to the products’ use. Consumers and health care professionals can report adverse events to the FDA’s MedWatch program at 800-FDA-1088 or online at www.FDA.gov/medwatch/report.htm.
LG Sciences (formerly Legal Gear) is trying to minimize the FDA seizure.
Ronald Berry, an attorney for LG Sciences, said Friday evening that all the company’s products are legal, and the ingredients are safe for consumers. He called the FDA seizure “merely a preliminary step in determining compliance with food regulations.”
“Although LG Sciences feels the temporary restraint of its product by the FDA is inappropriate, the company appreciates that the FDA wishes to protect the public,” Berry said in a statement.
LG Sciences released the following public statement:
In response to recent action taken by the FDA, LG Sciences wishes to clarify that we contend that all of its products are completely legal and safe. The FDA’s detainment is merely a preliminary step in determining compliance with food regulations. LG Sciences wishes to specifically note that no court has made any determination as to the correctness of FDA’s allegations. Although LG Sciences feels that the temporary restraint of its product by the FDA is inappropriate, the company appreciates that the FDA wishes to protect the public and will cooperate in every possible way.
Unfortunately, the Dietary Supplement Health Education Act (DSHEA) of 1994 is ambiguous and unclear in determining what substances are considered new dietary ingredients (NDI). An NDI requires data be submitted to the FDA regarding safety for human consumption prior to its introduction into the market. Due to a lack of a definitive list of approved dietary ingredients, the FDA mistakenly asserts that the products seized contain substances that are either not dietary ingredients, as defined in the Federal Food, Drug, and Cosmetic Act or that the substances are NDI. However, the substances are not NDI because these ingredients are naturally occurring, with confirmed studies over 25 years ago, and have been on the market in competitors products for several years. Thus, the ingredients have empirically been shown to be safe to consumers.
Items deemed unapproved food additives by the FDA 1,4,6 etiocholan-dione or commonly known as ATD or 1,4,6 Androstatriene3,17-dione. Additionally items alleged to require a new dietary ingredient status 4-etioallocholen-3,6,17-trione or better known by the trade name 6-OXO-4-androstenedione. LG Sciences looks forward to assisting the FDA in clarifying this matter and the prompt return of its inventory.
(Hat tip to Inside Bodybuilding for the story)
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.
