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Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 1 of 15

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA Criminal No. 16-cr-'^rrjlU- -MGM

VIOLATION

21 U.S.C.§ 963- Conspiracy to Import
Controlled Substances(Count One)

V. 21 U.S.C.§§ 331(a) and 333(a)(2)-
Introduction of Misbranded Drugs With
Intent to Defraud (Counts Two and
Three)

21 U.S.C.§§ 331(a) and 333(a)(1)-
Introduction of Misbranded Drugs
(Count Four)

HARRY ALIENGENA, 18 U.S.C.§ 2- Aiding and Abetting

21 U.S.C.§§ 853 and 970(Forfeiture
Defendant. Allegations)

INDICTMENT

The Grand Jury charges:

At all times relevant to this indictment:

Parties. Persons, and Entities

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

internet to ship prescription drugs to the United Stales.

3. John Doe #1 was a Principal of Company A and resided in Pakistan.
Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 2 of 15

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, and Jane Doe #1.

The Controlled Substances Act

5. The Controlled Substances Act ("CSA") governed the manufacture, distribution, and

dispensing of controlled substances in the United States. 21 U.S.C. §§ 801-971.

6. Under the CSA, the United States Drug Enforcement Administration ("DEA") regulated

certain pharmaceutical drugs classified as controlled substances. Controlled substances were

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

dependence or psychological dependence relative to the drugs or other substances in Schedule

III. 21 U.S.C. 812(b)(2)-(4).

7. Oxycodone, a.k.a. Oxycontin, a.k.a. Percocet; Methylphenidate, a.k.a. Ritalin;

Hydrocodone; and Adderall were Schedule 11 controlled substances.

8. Temazepam, a.k.a. Restoril, was a Schedule IV controlled substance.

The Federal Food. Druu. and Cosmetic Act

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

protect the health and safety of the American public.

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. §

321(g)(1)(B) and (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

were required to be administered under the professional supervision of a practitioner licensed by

law to administer such drugs as a condition of the FDA approving any such drug to be placed on

the market. 21 U.S.C. § 353(b)(1)(A)and (B).

12. Oxycodone, a.k.a. Oxycontin, a.k.a. Percocet; Methylphenidate. a.k.a. Ritalin;

Hydrocodone; and Adderall were Schedule 11 controlled substances available only by

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

commerce of any drug that was misbranded. 21 U.S.C. § 331(a).
Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 4 of 15

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

misbranded while held for sale. 21 U.S.C. § 353(b)(1).

16. None of Defendant H.^RRY ALIENGENA, Company A, John Doe #1. or any other

individuals doing business on behalf of Company A were approved to dispense prescription

drugs within Massachusetts at any time.
Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 5 of 15

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

incorporated by reference as if fully set forth herein.

18. Between on or about July 27, 2011 and on or about June 28, 2012, in Hampden County,

in the District of Massachusetts,

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

into the United States from a place outside thereof:

A. Oxycodone, a.k.a. Oxycontin, a.k.a. Percocet, a Schedule II controlled substance;

B. Methylphenidate, a.k.a. Ritalin, a Schedule II controlled substance;

C. Hydrocodone, a Schedule II controlled substance;

D. Adderall, a Schedule 11 controlled substance; and

E. Temazepam, a.k.a. Restoril, a Schedule IV controlled substance.

All in violation of Title 21, United States Code, Sections 952(a), 952(b), and 963.

Goal ofthe Conspiracy

19. It was the goal of the conspiracy to obtain money and other things of value by importing

and distributing controlled substances to customers in the United States.

Manner and Means

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

buyonlinemedicines.blogspot.com (which directed visitors to e-mail Company A to place

orders), and using the e-mail addresses buymedicines2010@gmail.com and

inlb@shopurmeds.com. Company A did not require that the customers be examined by a

physician before ordering the drugs, or to provide prescriptions or be licensed wholesalers or

pharmacists in order to purchase drugs.

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.

D. When reshipping drugs to Company A's customers, defendant HARRY

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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22. On August 3, 2011, defendant HARRY ALIENGENA received delivery of a package

containing 150 tablets of Ritalin, a Schedule II controlled substance, from Company A.

23. On August 8, 2011. defendant HARRY ALIENGENA sent payment of $179.00 to

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

Schedule II controlled substances.

27. On November 9, 2011, defendant HARRY ALIENGENA sent payment of $210.00 to

Company A through Western Union for 100 tablets of Percocet and 150 tablets of Ritalin, both

Schedule II controlled substances.

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

Schedule II controlled substances.
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30. On December 7, 2011, defendant HARRY ALIENGENA sent payment of $179.00 to

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

tablets of Ritalin, both Schedule II controlled substances.

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

orders of drugs from Company A.

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

Schedule II controlled substances.
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37. On February 7, 2012, defendant HARRY ALIENGENA sent payment of $360.00 to

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

60 tablets of Adderall, all Schedule II controlled substances.

39. On February 12, 2012, Company A, through the e-mail address

buymedicines20I0@gmail.com, sent defendant HARRY ALIENGENA an e-mail directing him

to ship 60 tablets ofPercocet to a Company A customer in San Jose, California.

40. On February 12, 2012, defendant HARRY ALIENGENA shipped 60 tablets of Percocet,

a Schedule II controlled substance, to a Company A customer in San Jose, California on behalf

of Company A. He used a false name and return address on the package; "Mark Taylor, 14211

Forest Ln., Dallas, TX 75254."

41. On February 12, 2012, defendant HARRY ALIENGENA sent an e-mail to

buymedicines20I0@gmail.com, an address controlled by Company A, including tracking

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

1000 tablets of Restoril, a Schedule IV controlled substance, from Company A.

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

1000 tablets of Restoril, a Schedule IV controlled substance, from Company A.
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44. On February 20, 2012, Company A, through the e-mail address

buymedicines2010@gmail.com. sent defendant HARRY ALIENGENA an e-mail directing him

to ship 120 tablets of Restoril to a Company A customer in Mesa, Arizona.

45. On February 21, 2012, defendant HARRY ALIENGENA shipped 120 tablets of Restoril,

a Schedule IV controlled substance, to a Company A customer in Mesa, Arizona on behalf of

Company A. He used a false return address on the package: "Harry Aliengena, 142111 Forest

LN, Dallas, TX 75254."

46. On February 21, 2012, defendant HARRY ALIENGENA sent an e-mail to

buymedicines2010@gmail.com, an address controlled by Company A, including tracking

information for a package he shipped to a Company A customer in Mesa, Arizona on behalf of

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

prescription drugs on behalf of Company A.

48. On March 7, 2012, defendant HARRY ALIENGENA sent payment of $305.00 to

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

of Percocet, a Schedule II controlled substance.

50. On April 13, 2012, Company A, through the e-mail address

buymedicines2010@gmail.com, sent defendant HARRY ALIENGENA an e-mail directing him

to ship 500 tablets of Restoril to a Company A customer in Mesa, Arizona.

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51. On April 13, 2012, defendant HARRY ALIENGENA shipped 500 tablets of Restoril, a

Schedule IV controlled substance, to a Company A customer in Mesa, Arizona on behalf of

Company A.

52. On April 14, 2012, defendant HARRY ALIENGENA sent an e-mail to

buymedicines2010@gmail.com, an address controlled by Company A, including tracking

information for a package he shipped to a Company A customer in Mesa, Arizona on behalf of

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

"we have only Restorils in our stock in US."

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

the United States.

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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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:

COUNT DATE SHIPPED DRUG SHIPPED TO
Two February 12,2012 Oxycodone, a.k.a. Percocet, a California
Schedule 11 controlled substance

Three February 21, 2012 Temazepam, a.k.a. Restoril, a Arizona
Schedule IV controlled substance

All in violation of Title 21, United States Code, Sections 331(a) and 333(a)(2), and Title

18, United States Code, Section 2.

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COUNT FOUR: Title 21, United States Code,Sections 331(a)and 333(a)(1)-
Introduction into Interstate Commerce of Misbranded Drugs; Title
18, United States Code,Section 2- Aiding and Abetting

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.

59. On or about April 13,2012, in Hampden County, in the District of Massachusetts,

HARRY ALIENGENA,

defendant herein, did cause the introduction and delivery for introduction into interstate

commerce, to Arizona, Temazepam, a.k.a. Restoril, a Schedule IV controlled substance, 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.

All in violation of Title 21, United States Code, Sections 331(a) and 333(a)(1), and Title

18, United States Code, Section 2.

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Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 14 of 15

FORFEITURE ALLEGATION
Title 21, United States Code,Sections 853,970

The Grand Jury further charges that:

1. Upon conviction of the offense alleged in Count One of this Indictment,

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

by the defendant includes, but is not limited to, the following:

a. A sum of money equal to the amount of proceeds obtained as a result of the
charged offense.

2. If any ofthe property described in paragraph 1 hereof as being forfeitable as a

result of any act or omission of the defendant -

a. cannot be located upon the exercise of due diligence;

b. has been transferred to, sold to, or deposited with a third party;

c. has been placed beyond the jurisdiction of this Court;

d. has been substantially diminished in value; or

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.

All pursuant to Title 21, United States Code,Sections 853, 970.

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Case 3:16-cr-30014-MGM Document 4 Filed 03/17/16 Page 15 of 15

A TRUE BILL

FORfEPERSON OF THE/BRAND JURY

DeeptKa oains ShuKia
Assislani U.S. Attorney

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)

Criminal Case Cover Sheet U.S. District Court - District of Massachusetts

Place of Offense: Category No. JL Investigating Agency FDA OCI
City Palmer. MA Related Case Information:

Count}' Hampdcn Superseding Ind./ Inf. Case No.
Same Defendant New Defendant
Magistrate Judge Case Number
Search Warrant Case Number I4-MJ-3006-3009: I3-MJ-30I4
R 20/R 40 from District of

Defendant Information:

Defendant Name HARRY ALIENGENA Juvenile: □ Yes 0 No
Is this person an attorney and/or a member of any state/federal bar: □ Yes No
Alias Name

Address fCitv& Stated Palmer, MA

Birth date (Yr only): _[2£1 SSN nast4#): 2017 Sexj^i. Race: White Nationality: HSA

Defense Counsel if known: Address

Bar Number

U.S. Attorney Information:

AUSA Deepika Bains Shukia Bar Number if applicable

Interpreter: □ Yes 0 No List language and/or dialect:
Victims: | |Yes [^No Ifyes, are there multiple crime victims under 18 USC§377l(d)(2) □ Yes I INo
Matter to be SEALED: 0 Yes Q No
{^Warrant Requested □Regular Process Q]] In Custody
Location Status:

Arrest Date

[^Already in Federal Custody as of in

^Already in State Custody at I [serving Sentence I {Awaiting Trial
□on Pretrial Release: Ordered by: on

Charging Document: Qcomplaint I [information 0 Indictment
Total # of Counts: | |Petty f/lMisdemeanor [/I Felony —

Continue on Page 2 for Entry of U.B.C. Citations

0 Iaccurately
hereby certify that the case numbers of any prior proceedings before a Magistrate Judge are
set forth above.

Date: March 17,2016 Signature of AUSA:
Case 3:16-cr-30014-MGM Document 4-1 Filed 03/17/16 Page 2 of 2
JS 45 (5/97) (Revised U S D C MA 12/7/05)Page 2 or2 or Reverse

District Court Case Number (To be filled in by deputy clerk):
Name of Defendant HARRY ALIENGENA

U.S.C. Citations

Index Key/Code Dcscrintion of OITense Charged Count Numbers
Conspiracy to Import Controlled Substances
Set I 21U.S.C.963

Introduction of Misbranded Drugs with Intent to
Defraud 2-3
Set 2 21 U.S.C.33l(a)(]).333(a)(2)
Introduction of Misbranded Drugs
Set 3 21 U.S.C.331(a)(1)
Aiding and Abetting
Set 4 '8U S.C.2 2-4

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:

USAMA CR/A/- Criminal Case Cover S)tcct pdf 3/4/2013