Shortly after IFBB Pro Bodybuilder Victor Martinez won the 2007 Arnold Classic, Albany County District Attorney David Soare’s office publicly named Victor Martinez as an unindicted co-conspirator in the Signature Pharmacy and longevity clinic anabolic steroid scandal. Clearly, the intent and timing of the announcement represented a calculated grandstanding opportunity for David Soares to tarnish Governor Arnold Schwazenegger’s association with professional bodybuilding.
But over a year later, the Office of the Albany County District Attorney continues to prominently display Victor Martinez’ name and picture on its website in a diagram of Operation Which Doctor. He is listed with 23 other individuals directly involved in the Signature Pharmacy and longevity clinic steroid scandals. However, I believe Victor is the only individual listed who has not been indicted. But no where is he identified as an “unindicted co-conspirator” allowing visitors to make their own uninformed assumptions.
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.
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.
Real journalists are supposed to rely on verifiable facts when writing news stories. Michael Brick of the New York Times appears to be guilty of sloppy fact-checking in his coverage of the federal steroid investigations down in Texas.
A black Hummer pulled into the Hooters parking lot as dusk fell. Arthur Dale Atwood, a professional bodybuilder with a 61-inch chest, opened the tailgate for a police informant to deliver more than 100 bottles of fake drugs made from vegetable oil.
The story implies that Art Atwood was selling and dealing “fake” steroids. Court documents which provide details of the sting operation indicate that federal investigators gave the police informant fake steroids in place of real steroids as part of the Atwood sting operation. “Fake” steroids are often used in sting operations to establish conspiracy and possession with intent to distribute.
Furthermore, the police informant involved in the federal steroid sting operation was Art Atwood’s best friend; Atwood had no reason to suspect he was being sold fake steroids. His best friend had been acquiring steroids from David Jacobs who was distributing legitimate steroids imported from China according to independent sources.
Prosecutors could have tried Atwood and Jacobs on multiple counts of drug conspiracy, seeking to make an example of two bodybuilders suspected of distributing steroids. But instead, they made deals that could keep both men from serving any prison time.
Art has informed MESO-Rx that he had not entered into a plea agreement with federal investigators and the New York Times assertion of such a deal was categorically false. Atwood has not been charged with a crime and it remains to be seen if charges are filed against him for his involvement.
Atwood and Jacobs were enlisted to cooperate in Operation Raw Deal, the federal government’s most aggressive drive yet to interrupt the importation and traffic of performance-enhancing drugs through nutrition stores, gyms and Web sites. In September, authorities in 10 countries coordinated the arrests of more than 120 people, seized more than $6 million and collected 11 million steroid doses, 3 boats and dozens of weapons.
While the Texas investigation is a complex and interconnected case, Atwood explains that his involvement in the case is different from Jacobs; Atwood does not have the same connections e.g. with NFL football players, nor does he have a plea agreement with prosecutors assuring him that he will avoid jail time. The facts involving Atwood’s case are significantly different and will be judged independently, contrary to suggestions by the New York Times of similarities between the Atwood and Jacobs cases. As he told the local CBS affiliate, “David did his own thing; I was my own entity.”
Through the summer, six other people connected to Atwood and Jacobs were arrested and charged with conspiracy to distribute steroids. Most have pleaded guilty to the federal distribution charge. In interviews, investigators and defense lawyers described the six as bodybuilders who were supplied by Atwood and Jacobs and who were familiar with one another partly through competitions and mostly through online sales.
The New York Times implies that six bodybuilders were arrested as the result of Art Atwood’s cooperation with federal investigators. Atwood strongly denies the truth of this allegation; the implication that they were “turning people in left and right” is untrue. Furthermore, none of the six indicted co-conspirators of David Jacobs have accused Atwood as being responsible for their arrests.
While the parties affected by the federal steroid investigation in Texas are restricted by what they can say to the press by legal considerations, the full truth and details of this large scale investigation will become a matter of public record soon – most likely upon sentencing of the parties involved. MESO-Rx tries to provide additional information as it becomes available but the details are incomplete and we should be cautious before we rush to judgment in the absence of all of the facts.
