A Houston, Texas man was sentenced today to 58 months in
prison for his role in a money laundering conspiracy, announced Principal
Deputy Assistant Attorney General Richard E. Zuckerman of the Justice
Department’s Tax Division and U.S. Attorney Ryan K. Patrick for the Southern
District of Texas.
According to documents and information provided to the
court, Marcus T. Weathersby conspired with others to facilitate the fraudulent
sale of second-hand prescription medications to a Utah-based wholesale
distributor. This scheme involved
purchasing bottles of prescription medications from illegitimate sources and
then selling the medications to another wholesale distributor who then sold
them to pharmacies as new. Federal
regulation requires wholesale distributors of prescription medications to
provide to a buyer a pedigree – a written statement identifying each prior
sale, purchase, or trade of the drugs being sold that includes the business
name and information of all parties to the prior transactions, starting with
the manufacturer.
Weathersby, in approximately December 2010, established
Acacia Pharma Distributors Inc. (Acacia), a Mississippi corporation. Nearly eight months later, Weathersby
directed another individual to incorporate Four Corner Suppliers Inc. (Four
Corner) in Mississippi. Acacia and Four
Corner purported to be legitimate wholesale distributors of pharmaceuticals
licensed and operating in Mississippi, however, in reality Weathersby and
others used these corporations to facilitate the illegal sale of second-hand
prescription drugs.
Weathersby also opened and caused others to open bank
accounts in the names of Acacia and Four Corner. Between February 2011 and July 2012,
Weathersby withdrew and led others to withdraw over $2.9 million in cash from
these bank accounts and to structure these cash withdrawals in amounts under
$10,000 in order to prevent the banks from complying with their legal
obligation to prepare currency transaction reports for each cash transaction
over $10,000.
In addition to the term of imprisonment, U.S. District Court
Chief Judge Lee H. Rosenthal ordered Weathersby to serve three years of
supervised release, and imposed a money judgment against the defendant in the
amount of $2,991,867.76, which will be applied as criminal restitution.
Principal Deputy Assistant Attorney General Richard E.
Zuckerman and U.S. Attorney Patrick thanked special agents of IRS-Criminal
Investigation, the Federal Bureau of Investigation, and the Department of
Health and Human Services, who conducted the investigation, and Trial Attorneys
Sean Beaty and Terri-Lei O’Malley of the Tax Division, who prosecuted the case.
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