Professional Documents
Culture Documents
VIOLATION
INDICTMENT
1. Defendant HARRY ALIENGENA was a resident of the United States and resided in
Palmer, Massachusetts.
2. Company A was a company located in Karachi, Pakistan that did business through the
4. Company A communicated with prescription drug customers in the United States through
the following people or aliases: John Doe #1,John Doe #2, John Doe #3, John Doe #4, John Doe
5. The Controlled Substances Act ("CSA") governed the manufacture, distribution, and
6. Under the CSA, the United States Drug Enforcement Administration ("DEA") regulated
classified under the CSA under five schedules - Schedules 1, 11. Ill, IV, and V. Drugs were
scheduled into these levels based on their potential for abuse, among other things. Schedule II
drugs have a high potential for abuse; their abuse may lead to severe psychological or physical
dependence. Schedule III drugs have a moderate to low potential for physical and psychological
abuse; their abuse potential is less than Schedule 1 and II drugs but more than Schedule IV.
Schedule IV drugs have a low potential for abuse; their abuse may lead to limited physical
9. The Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301-399f("FDCA"), regulated,
among other things, the importation, manufacture, labeling, and distribution of drugs and food.
The FDCA gave the United States Food and Drug Administration ("FDA") the authority to
Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 3 of 15
further regulate the importation, manufacture, labeling, and distribution of drugs and food to
10. Under the FDCA,the term "drug" was defined in relevant part as (1) any article intended
for use in the cure, mitigation, treatment, or prevention of disease in humans; or (2) any article
other than food intended to affect the structure of any function of the human body. 21 U.S.C.
11. Some of the drugs regulated under the FDCA were "prescription drugs." "Prescription
drugs" were those drugs, which, because of their toxicity or other potential harmful effects, or
the method of their use, or the collateral measures necessary to their use, were not safe for use
except under the supervision of a practitioner licensed by law to administer such drugs, or which
law to administer such drugs as a condition of the FDA approving any such drug to be placed on
prescription, 21 U.S.C. 829(c), and were prescription drugs within the meaning of 21 U.S.C.
353(b)(1).
13. Temazepam, a.k.a. Restoril, was a Schedule IV controlled substance available only by
prescription, 21 U.S.C. 829(c), and was a prescription drug within the meaning of 21 U.S.C.
353(b)(1).
14. The FDCA prohibited the introduction or delivery for introduction into interstate
15. The act of dispensing prescription drugs without the prescription of a practitioner
licensed by law to administer such drug was an act which caused the drugs to become
16. None of Defendant H.^RRY ALIENGENA, Company A, John Doe #1. or any other
COUNT ONE: Title 21, United States Code,Section 963- Conspiracy to Import
Controlled Substances
17. The allegations contained in paragraphs 1 through 16 of this Indictment are realleged and
18. Between on or about July 27, 2011 and on or about June 28, 2012, in Hampden County,
HARRY ALIENGENA,
defendant herein, did knowingly and intentionally combine, conspire, confederate, and agree
with others known and unknown to the Grand Jury, to import the following controlled substances
All in violation of Title 21, United States Code, Sections 952(a), 952(b), and 963.
19. It was the goal of the conspiracy to obtain money and other things of value by importing
20. It was part of the manner and means of carrying out the conspiracy that:
A. Customers in the United States placed orders for controlled substances and
prescription drugs on websites controlled by and through electronic mail communications with
Company A, a company located in Karachi, Pakistan. Company A received orders among other
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ways, through its websites at shopurmeds.com (which allowed visitors to order online) and at
B. Company A accepted payment for drugs from United States customers through
Western Union.
C. Because some customers believed or desired that the drugs they ordered were
coming from within the United States, and to guarantee faster shipping times and avoid seizures,
Company A shipped some of the drugs containing customers' orders to defendant HARRY
ALIENGENA,so that he could reship the packages from within the United States to the ultimate
customers.
ALIENGENA often used false return addresses so that packages could not be traced back to him.
E. In exchange for his agreement to reship drugs from Company A to their United
States customers. Company A paid defendant HARRY ALIENGENA sums of money through
Western Union, shipped him drugs for his own use, and offered him discounts on drugs for his
own use.
Overt Acts
21. On July 27, 2011, defendant HARRY ALIENGENA sent payment of $138.00 to
Company A through Western Union for 150 tablets of Ritalin, a Schedule II controlled
substance.
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Company A through Western Union for 100 tablets of Hydrocodone, a Schedule II controlled
substance. /
24. On August 21, 2011, defendant HARRY ALIENGENA sent payment of $73.00 to
Company A through Western Union for 150 tablets of Ritalin, a Schedule 11 controlled
substance.
25. On September 13, 2011, defendant HARRY ALIENGENA sent payment of $143.00 to
Company A through Western Union for 150 tablets of Ritalin, a Schedule II controlled
substance.
26. On September 29, 2011, defendant HARRY ALIENGENA sent payment of $346.00 to
Company A through Western Union for 100 tablets of Percocet and 150 tablets of Ritalin, both
Company A through Western Union for 100 tablets of Percocet and 150 tablets of Ritalin, both
28. On November II, 2011, defendant HARRY ALIENGENA sent payment of $182.00 to
Company A through Western Union for 225 tablets of Ritalin, a Schedule II controlled
substance.
29. On November 20, 2011, defendant HARRY ALIENGENA sent payment of $327.00 to
Company A through Western Union for 100 tablets of Percocet and 225 tablets of Ritalin, both
Company A through Western Union for 225 tablets of Ritalin, a Schedule 11 controlled
substance.
31. On December 20, 2011, defendant HARRY ALIENGENA sent payment of $107.00 to
Company A through Western Union for 90 tablets of Ritalin, a Schedule II controlled substance.
32. On December 30, 2011, defendant HARRY ALIENGENA sent payment of $215.00 to
Company A through Western Union for 300 tablets of Percocet, a Schedule 11 controlled
substance.
33. On January 13, 2012, defendant HARRY ALIENGENA sent payment of $100.00 to
Company A through Western Union as a partial payment for 200 tablets of Percocet and 165
34. On January 16, 2012, defendant HARRY ALIENGENA sent payment of $200.00 to
Company A through Western Union for a previously received shipment of Percocet, a Schedule
II controlled substance.
35. On January 20, 2012, defendant HARRY ALIENGENA sent payment of $300.00 to
Company A through Westem Union, $195.00 of which was for a previously received shipment
of Percocet, a Schedule II controlled substance, and $105 of which was to be applied to future
36. On January 23, 2012, defendant HARRY ALIENGENA sent payment of $300.00 to
Company A through Western Union for 150 tablets of Percocet and 150 tablets of Ritalin, both
Company A through Western Union for 200 tablets of Percocet, a Schedule II controlled
substance.
38. On February 12, 2012, defendant HARRY ALIENGENA sent payment of $321.00 to
Company A through Western Union for 114 tablets of Percocet, 215 tablets of Hydrocodone, and
40. On February 12, 2012, defendant HARRY ALIENGENA shipped 60 tablets of Percocet,
of Company A. He used a false name and return address on the package; "Mark Taylor, 14211
information for a package he shipped to a Company A customer in San Jose, California on behalf
of Company A.
42. On February 15, 2012, defendant HARRY ALIENGENA signed for and received
delivery of a package containing 165 tablets of Ritalin, a Schedule II controlled substance, and
43. On February 16, 2012, defendant HARRY ALIENGENA signed for and received
delivery of a package containing 200 tablets of Percocet, a Schedule II controlled substance, and
45. On February 21, 2012, defendant HARRY ALIENGENA shipped 120 tablets of Restoril,
Company A. He used a false return address on the package: "Harry Aliengena, 142111 Forest
Company A.
47. On February 29, 2012, defendant HARRY ALIENGENA received payment of $350.00
via Western Union for his previous reshipment of parcels containing controlled substances and
Company A through Western Union for 150 tablets of Percocet. a Schedule II controlled
substance.
49. On March 28, 2012, signed for and received delivery of a package containing 150 tablets
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51. On April 13, 2012, defendant HARRY ALIENGENA shipped 500 tablets of Restoril, a
Company A.
Company A.
53. On April 14, 2012, Company A, through the e-mail address info@shopurmeds.com, sent
an e-mail to its customer in Mesa, Arizona that, in return for the customer's payment of $510, it
had shipped 500 tablets of Restoril from within the United States and stated in the e-mail that
54. On June 13, 2012, defendant HARRY ALIENGENA sent payment of $140.00 to
Company A through Western Union for previous debts involving his importation of drugs into
55. On June 28, 2012, defendant HARRY ALIENGENA sent payment of $230.00 to
Company A through Western Union for 500 tablets of Ritalin, a Schedule II controlled
substance.
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Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 12 of 15
COUNTS TWO AND THREE: Title 21, United States Code,Sections 331(a)and
333(a)(2)-Introduction into Interstate Commerce of
Misbranded Drugs with the Intent to Defraud or
Mislead; Title 18, United States Code,Section 2-
Aiding and Abetting
56. The allegations contained in paragraphs 1 through 16, and 19 through 55 ofthis
Indictment are realleged and incorporated by reference as if fully set forth herein.
57. On or about the dates listed below, in Hampden County, in the District of Massachusetts,
HARRY ALIENGENA,
defendant herein, with the intent to defraud and mislead, did cause the introduction and delivery
for introduction into interstate commerce, to the locations listed below, the drugs listed below,
which when introduced and delivered in interstate commerce were misbranded drugs within the
meaning of Title 21, United States Code, Section 353(b)(1), in that the drugs were potentially
harmful and not safe unless used under the supervision of a practitioner licensed by law to
administer drugs and the drugs were dispensed without the valid prescription of a practitioner
licensed by law to administer such drugs, each such instance being a separate Count:
All in violation of Title 21, United States Code, Sections 331(a) and 333(a)(2), and Title
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58. The allegations contained in paragraphs I through 16, and 19 through 55 of this
Indictment are realleged and incorporated by reference as if fully set forth herein.
HARRY ALIENGENA,
defendant herein, did cause the introduction and delivery for introduction into interstate
when introduced and delivered in interstate commerce were misbranded drugs within the
meaning of Title 21, United States Code, Section 353(b)(1), in that the drugs were potentially
harmful and not safe unless used under the supervision of a practitioner licensed by law to
administer drugs and the drugs were dispensed without the valid prescription of a practitioner
All in violation of Title 21, United States Code, Sections 331(a) and 333(a)(1), and Title
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FORFEITURE ALLEGATION
Title 21, United States Code,Sections 853,970
HARRY ALIENGENA
defendant herein, shall forfeit to the United States, pursuant to 21 U.S.C 853 and 970, any
property constituting, or derived from, any proceeds the person obtained, directly or indirectly,
as the result of such violation; and any property used or intended to be used, in any manner or
part, to commit, or to facilitate the commission of, such violation. The property to be forfeited
b. has been transferred to, sold to, or deposited with a third party;
e. has been commingled with other property which cannot be divided without
difficulty;
it is the intention ofthe United States, pursuant to 21 U.S.C. 853(p), to seek forfeiture of all
other property of the defendant up to the value of the property described in paragraph 1 above.
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Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 15 of 15
A TRUE BILL
DISTRICT OF MASSACHUSETTS;
Relumed into ihe District Court by the Grand Jurors and filed on March 17, 2016.
lfVoLM40L_H- OgJlciXo-
DEPUTY CLERK OF THE COURT
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Case 3:16-cr-30014-MGM Document 4-1 Filed 03/17/16 Page 1 of 2
SiJS 45 (5/97)- (Ki-viseil U S D C MA 3/25/2011)
Defendant Information:
Birth date (Yr only): _[21 SSN nast4#): 2017 Sexj^i. Race: White Nationality: HSA
Bar Number
Arrest Date
0 Iaccurately
hereby certify that the case numbers of any prior proceedings before a Magistrate Judge are
set forth above.
U.S.C. Citations
Forfeiture Allegations
Sets 21 U.S.C. 853 and 970
Set 6
Set?
Sets
Set 9
Set 10
Set II
Set 12
Set 13
Set 14
Set 15
ADDITIONAL INFORMATION: