Federal prosecutors with the U.S. Attorney’s Office in Houston are investigating the girlfriends of defendants indicted in the major Texas steroid bust codenamed Operation Pharmacia Juicy Fruit according to recently filed court documents. Prosecutors have made it clear to defendant Bruce Zaccaria and his attorney that they have the goods on a former girlfriend; she was identified by first name practically as an unindicted co-conspirator. The relevance of this disclosure is unknown.
One thing that has emerged as a new known fact to the United States is the following: while the defendant was working at My Mechanic (his co-worker has been proposed as a surety by the defense and his steady work record has been offered as evidence he is stable and reliable) and during the interception of calls between the defendant and Brock Falkenhagen, the defendant ordered and even met with Falkenhagen to receive anabolic steroids… Furthermore, the defendant was directing Falkenhagen at times to drop off the anabolic steroids with his girlfriend “Carly”… Clearly, the defendant exercises a degree of control over his then girlfriend who was receiving the illegal drugs on his behalf. [Emphasis added]
The “new fact” emerged from the extensive surveillance and interception of phone calls made by defendants during the course of the steroid investigation. There may have been thousands of intercepted phone calls. Prosecutors have not ruled out additional indictments arising out of the Texas steroid investigation. Read more
The detention of Bruce Zaccaria without bail has been exposed as inappropriate by a local defense attorney in the latest court filings from the major Texas steroid bust codenamed Operation Pharmacia Juicy Fruit. Attorney R. Trent Gaither, representing Bruce Zaccaria, has outlined seven factors that legally limit and confine government detention authority.
Gaither argues that the Government has violated the Bail Reform Act and abused its power by acting outside these constraints. Federal prosecutors have failed to identify a single applicable factor to justify the detention of Bruce Zaccaria. Read more
Bruce Zaccaria has been detained without bail as an unacceptable “danger to the community” based solely on an allegation of selling 250 vials of anabolic steroids to bodybuilders who were members of a Houston-area 24 Hour Fitness almost two years ago. By contrast, a judge in an unrelated Dallas-area case apparently feels that a suicidal man firing a gun at police does not represent a threat to society.
Bruce Zaccaria’s pre-trial detention highlights the significant disparities in sentencing for defendants awaiting trial in Texas in court cases where anabolic steroids are involved.
U.S. Magistrate Judge Calvin Botley seems to have concluded that the safety of the community is at considerable risk from steroid use by bodybuilders. Judge Botley determined there were absolutely no conditions that could possibly protect the community from the dangerous Zaccaria if he were released on bail. Zaccaria was charged with “conspiracy to manufacture/possess with intent to distribute anabolic steroids” punishable by up to 5 years in prison.
Meanwhile, a Dallas-area man threatening suicide under financial duress, fired a gun at Frisco Police officers, was arrested and released on $20,000 bail after a four-hour standoff with police special operations unit on June 28-29, 2009. Paul Bailey was charged with “aggravated assault with a deadly weapon” which is a second-degree felony punishable by up to 20 years incarceration. Bailey was in possession of five bottles of anabolic steroids at his home, including nandrolone decanoate, testosterone cypionate and methandrostenolone. The courts did not feel that Bailey was a “danger to the community” even though his neighbors in the affluent Frisco subdivision of Lakes of Preston Vineyards feared for their safety after he was released 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 Texas Chairman Lee Thompson was found in possession of “large quantities of different types of anabolic steroids” when he was arrested on May 25, 2009 according to federal prosecutors. Fort Bend County Sheriff Deputies arrested Thompson after a federal grand jury indicted him on steroid conspiracy charges for his alleged involvement with the “Falkenhagen” group.
Chris Downey, the attorney for Lee Thompson, dismissed the government’s characterization of the “large quantities” of steroids in his client’s possession as inappropriate. Downey argued that the quantity of steroids found was “consistent with personal use” IF all the steroids that were expired and therefore unsuitable for use were EXCLUDED.
The Government has alleged that the defendant was in possession of “large quantities” of anabolic steroids at the time of his arrest. While defendant has not yet completed the process of discovery in this matter, defendant has a good faith reason to believe that a review of the substances to which the government refers would reveal that some of the items were not suitable for use as they had expired. Furthermore, the quantity remaining would constitute an amount consistent with personal use and is not properly characterized as “large quantities”.
The new details in the Lee Thompson case were made public when Downey requested permission for his client to travel outside the United States. Thompson and his fiancee had made extensive plans for their wedding on the Carribbean island of St. Lucia on July 4, 2009. However, as a condition of Thompson’s release on a $50,000 unsecured bond, Thompson had to surrender his passport and was prohibited from traveling outside the United States. Read more
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
The Fort Bend County Sheriff’s Office is leading a major anabolic steroid bust this morning originating out of Texas in conjunction with the IRS, Houston DEA office, Fort Bend County District Attorney, US Attorney and the FDA. Operation Farmacia de Juicy Phruit arrests began at 4:30am CDT and have put approximately 50 individuals, including professional bodybuilders, gym owners, personal trainers and even pharmacists, in custody from at least three states including Texas, California and Georgia. The three-year operation could involve as many as 200 individuals.
Some major cities in Fort Bend County, Texas include Stafford, Katy, Pearland, and Sugar Land.
More details after the press conference:
The FBI investigation codenamed Operation Phony Pharm remains active and may seek to prosecute additional individuals selling anabolic steroids according to court documents recently filed in the U.S. District Court of Connecticut. Attorney Matthew Maddox publicly reveal prosecutors’ intentions in a March 9, 2009 sentencing memorandum filed on behalf of his client, Corey Stanford. This is surprising news since all nine defendants associated with Operation Phony Pharm have already pleaded guilty as of June 2008: Edwin F. Porter (June 2008), Brian S. Tompkins (June 3, 2008), Brian W. Jeffery (May 5, 2008), Corey Stanford (April 14, 2008), Tyler J. Lunn (March 24, 2008), Walter T. Corey (February 2008), Alan R. Blair (September 24, 2007), Matthew J. Peltz (September 27, 2007) and Hiroshige Cranney (May 21, 2007).
Corey Stanford (of Austin, Texas) was originally scheduled to be sentenced on July 7, 2008 well after all other Operation Phony Pharm defendants had pleaded guilty. Stanford’s plea agreement called for 8 to 14 months imprisonment; Stanford’s attorney did not feel a downward departure was warranted at the time. However, this all changed when sentencing was delayed for 9 months so that Stanford could engage in “an intensive cooperative relationship with the federal government.” This represented an unusual move for prosecutors who had secured guilty convictions for all indicted defendants. Operation Phony Pharm, by all appearances, appeared to be nearing its conclusion. This suggests that prosecutors in the United States Attorney’s Office in Connecticut may seek additional steroid-related indictments, possibly in Texas. Read more
Kenneth Hebert and his common-law wife Leticia Zamora, owners of TexStar Labs and Phalco Labs, faced United States District Judge David Hittner for sentencing on January 28, 2009. Hebert was senteced to four years imprisonment (or double the term of imprisonment advocated by prosecutors) whereas Zamora withdrew her guilty plea after Judge Hittner denied her probation deal with the government (”Pearland man gets prison for at-home steroid factory,” January 28).
A Pearland man who ran a major anabolic steroid factory in his house was sentenced to four years in federal prison on Wednesday, but his wife withdrew her guilty plea and opted to go to trial.
U.S. District Judge David Hittner sentenced Kenneth Hebert to about twice what prosecutor Peter Mason had suggested for distributing the performance-enhancing drug, made of ingredients from China.
Hebert and Zamora both pleaded guilty to their respective roles in the illegal operation of a large-scale underground anabolic steroid laboratory out of their Houston-area home. The couple manufactured raw steroid powder into oral and injectable steroid products that were distributed under the TexStar Labs and Phalco Labs label. The steroid case represented one of the largest UGL steroid busts resulting from Operation Raw Deal.
The couple decided to spend their available funds to hire an attorney from the Montalvo Law Firm to represent Leticia Zamora and provide her with the best opportunity to avoid prison time so that she could raise the couple’s two young children, ages five and seven; Kenneth Hebert was represented by a federal public defender.
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.
Three of the seven co-defendants indicted for their role in David Jacobs’ Texas-based steroid distribution network were sentenced today including David Jacobs. All seven co-conspirators have already pleaded guilty. David Jacobs, Amber Jarrell and Matt Williams all received probation along with a monetary fine based on their respective role in the steroid operation (”Plano steroids supplier wants to help clean up NFL,” May 2)
Sentenced Thursday: Mr. Jacobs, 35, ringleader, three years’ probation and a $25,000 fine. Amber Jarrell, 37, of Plano, his former girlfriend, three years’ probation and a $1,000 fine. Matt Williams, 39, of Dallas, who helped bottle and store the steroids, three years’ probation and a $10,000 fine.
Awaiting sentences: Andrew Schenck of Dallas; Juan Carlos Ballivian of Houston; Brandon Mark Smith of the Dallas area; and Jamie Mongeau of Wichita, Kan.
David Jacobs told the Dallas Morning News that now he plans on helping the NFL tackle their unacknowledged steroid problem.
The ringleader of one of the largest steroids trafficking networks in the nation said Thursday after he was sentenced to probation that he plans to meet with the NFL to share his expertise to help “clean up” football.
“I want to help them understand the loopholes, how I was able to help people beat the tests, and how prevalent steroid use is,” Plano bodybuilder David Jacobs said after his sentencing hearing.
He told the New York Times that he has inside knowledge of the rampant steroid use in the NFL and exploitation of loopholes used by football players (”Steroid Maker Says He Taught About N.F.L. Loopholes,” May 2).
Jacobs, a former body builder, said he advised about 10 N.F.L. players on how to exploit loopholes in the league’s drug-testing program. One way, he said, was to have team doctors write them prescriptions for drugs that would mask steroid use…
Jacobs said he advised players, including Lehr, to ask their team doctors to write them prescriptions for finasteride, a drug used to treat balding in young men. Jacobs said a Falcons team doctor wrote Lehr a prescription for the substance.
Now that the leader of one of the largest steroid distribution rings in the country was sentenced to probation along with two other co-conspirators, it seems to confirm that steroid dealers were not the targets of the federal steroid investigation in Texas. It appears that the real targets of the investigation are professional athletes, namely NFL football players with David Jacobs providing the steroids and football link.
Will David Jacobs represent the NFL’s BALCO?
The steroid source at the center of a major federal steroid investigation in Texas has, for the first time, publicly named NFL football player Matt Lehr (currently with the New Orleans Saints) as a customer. Matt Lehr has been a target of the investigation for some time. David Jacobs claims to have sold significant quantities of performance enhancing drugs to Matt Lehr, including anabolic steroids and human growth hormone (”Plano steroids dealer says he sold to former Dallas Cowboys player,” April 27).
Mr. Jacobs, 35, said, “I sold steroids and a significant amount of growth hormone to Matt Lehr.” He said Mr. Lehr’s purchases totaled tens of thousands of dollars from spring 2006 to spring 2007, significantly larger quantities than could be for personal use.
At one point, Mr. Jacobs said, Mr. Lehr agreed to have boxes of raw steroid powder from China shipped to Mr. Lehr’s house in Georgia. Mr. Jacobs said he asked his former friend to do this because too many packages headed to his Plano house were being seized by U.S. Customs.
David Jacobs has previously denied providing federal prosecutors with the names of customers who bought steroids from him stressing that evidence and associations with Lehr were established independent of his cooperation. He has repeatedly been advised by his attorney to avoid publicly naming names. Why did Jacobs name Matt Lehr this weekend?
Mr. Jacobs said he was speaking out now because he was angry about Mr. Coggins’ statements last week to The News.
“We have been told by the prosecutors that they do not intend to bring charges against Matt Lehr in connection with their ongoing steroid investigation,” Mr. Coggins said Wednesday.
“It’s an issue of right and wrong,” Mr. Jacobs said. “I’m taking responsibility for my actions. And I’m not blaming people for my mistakes. I’m not going to lay down while other people attack my character and my integrity and accuse me of extortion and lies and making up information. It’s time for Matt to be a man.”
Paul Coggins, Matt Lehr’s attorney, claims that David Jacobs is providing false information in exchange for prosecutorial leniency in sentencing; Coggins also told the New York Times that Jacobs tried to extort money from Matt Lehr.
“He threatened Matt and said you have to pay my attorney’s fees or I am going to end your career,” Coggins said in a telephone interview on Saturday. He said Lehr met Jacobs when they were bodybuilders.
“Jacobs saw Matt as a guy with a lot of money and Matt declined to pay his fees,” Coggins added.
Coggins, the former United States attorney for the Northern District of Texas, said he had represented Lehr for three months. “We are confident that the more the feds look at Jacobs, the less credible of a source of information he becomes,” Coggins said.
It will be interesting to see how Matt Lehr’s attorney responds to David Jacobs’ latest allegations along with evidence of significant financial links between Lehr and Jacobs.
Our vote for the worst reporting on steroid testing in Texas high schools goes to Alex Sanz of the CBS television affiliate in Houston. KHOU-TV needs to teach their reporters a few things about fact-checking before airing their reports. Practically every aspect of Sanz’ report on steroid testing in Texas high schools was wrong (”HISD steroid testing may start after break,” March 17).
The state signed off on the testing in recent months, and though it hasn’t started yet, there are signs it may sometime after spring break.
It hasn’t started? Reports were circulating that Palo Duro high school athletes were tested on March 12, 2008. Euless Trinity High School athletes were tested on March 13th. Also, Paschal High School athletes were steroid tested on March 14th. These must have been the signs Sanz was referring to.
Twenty-three percent of high school athletes are expected to be tested statewide.
The UIL Anabolic Steroid Testing Program isn’t testing anywhere near 23% of high school athletes. It is closer to 5% of athletes over the next three semesters (end of 2008-2009 academic year); only 40,000-50,000 athletes out of approximately 800,000 will be subject to steroid testing.
Then there is the money quote:
Administrators point to stories of high school athletes, in other cities, who have died after using steroids. They said that’s why this random testing is so important…
We’ve all heard the one tragic story of a high school athlete that died after using steroids. But just because that story has been repeated numerous times does transform it into a plurality of stories about high school athletes who died from steroid use.
The district said the test is worth it — even if all you save is one life.
It’s impossible to place a monetary value on the life of a teenager. But there is no evidence that steroid testing saves lives. If the goal is to save the lives of high school athletes, perhaps the $5.6 million would be better spent on another program – perhaps an alcohol abuse prevention program. This would clearly have a more pronounced impact the number of lives saved.
Even the title of the report gives Houston ISD athletes at least a week advance notice of testing enough time to “cycle off” some fast-acting and/or oral anabolic steroids. Clearly, very few bureaucrats and reporters understand the concept and purpose of surprise testing. Thank you Mr. Alex Sanz.
