Three Arkansas men -- David Paglianite of Conway, Arkansas, dba See More Results; Mathew Christman of Little Rock; and Thomas J. Jucha of Little Rock -- have been charged in a federal indictment with fraud related to the misbranding and dispensing of steroids without a valid prescription under the names of “MASS XTREME” and “TREN XTREME.”
"Steroid traffickers market their product with promises of enhanced performance and appearance, with no mention of, or regard for, the devastating toll that unprescribed steroid use can have on the human body," said Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas. "The illegal use of anabolic steroids can be a dangerous practice, especially for young people and athletes, both of which groups often constitute the target market."
Warnings sent
In July 2009, the Food and Drug Administration (FDA) sent a warning letter to the manufacturer and certain distributors advising that “MASS XTREME” and “TREN XTREME” and other products violated various provisions of federal law and that they contained synthetic steroids.
The letter advised that anabolic steroids may cause serious long-term health consequences including liver toxicity, testicular atrophy and male infertility, masculinization of women, breast enlargement in males, short stature in children, adverse effects on blood lipid levels, and a potential to increase the risk of heart attack and stroke.
Undercover op
After the letter was sent, “MASS XTREME” and “TREN XTREME” were stocked and sold in See More Results, a store owned and operated by Paglianite in west Little Rock. Two undercover buys were made in the store by a narcotics detective from the Little Rock Police Department in late October and mid-November, 2009 of “MASS XTREME” and “TREN XTREME” respectively.
A federal search warrant was obtained and executed on November 24, 2009 at See More Results, at which time agents located several bottle of “MASS XTREME” and “TREN XTREME” for sale in the store.
"MASS XTREME” and “TREN XTREME” are not dietary supplements because they do not contain any dietary ingredients listed in applicable law and the only ingredient contained in the products is a synthetic steroid which is not a dietary ingredient. All of the claims made by the two products relate to their synthetic steroid content.
Prison time possible
Paglianite, Christman and Jucha are all charged with one count of conspiracy to defraud and mislead, dispensing prescription drugs, "MASS XTREME" and "TREN XTREME," without a valid prescription issued by a licensed practitioner. The maximum statutory penalty for conspiracy is not more than five years imprisonment and/or a $250,000 fine with three years supervised release.
Count two charges Paglianite and Christman with aiding and abetting one another with the intent to defraud and mislead by dispensing the prescription drug mislabeled as “MASS XTREME” without a valid prescription issued by a licensed practitioner.
Count three charges Paglianite with committing the same offense charged in Count two with Jucha with regard to “TREN XTREME.” The maximum penalty for aiding and abetting is not more than three years incarceration and/or $10,000 fine with one year of supervised release.
