case summary · case 9:11-cr-80155-kam document 3 entered on flsd docket 08/18/2011 page 2 of 43 a....

Case Summary

ecf.flsd.uscourts.gov/cgi-bin/qrySummary.pl

9:11-cr-80155-KAM-4 USA v. Del Toro et al

Date filed: 08/17/2011

Date terminated: 02/11/2014

Date of last filing: 07/11/2017

Pedro Carrillo (4)

Office: West Palm Beach Filed: 08/17/2011

County: Palm Beach (Office: West Palm

Beach)

Terminated:

02/11/2014

Reopened:

Other Court Case: None

Count: 1 Citation: 21:846=CD.F Offense Level:

4

21:846=CD.F CONSPIRACY DISTRIBUTE CONTRL SUBST

Count: 2-4 Citation:

21:841A=CD.F

Offense Level:

4

21:841A=CD.F CONTROLLED SUBST SELL/DISTR/DISPENSE

Count: 22-23 Citation: 21:333E.F Offense Level:

4

21:333E.F TRAFFIC IN STEROIDS, DISTRIBUTE/POSSES WITH INTENT TO SELL

Count: 1s Citation: 21:846=CD.F Offense Level:

4

21:846=CD.F CONSPIRACY DISTRIBUTE CONTRL SUBST

Count: 26s Citation: 18:371.F Offense Level:

4

18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES

Count: 27s Citation: 21:333E.F Offense Level:

4

1/3

https://ecf.flsd.uscourts.gov/cgi-bin/qrySummary.pl?385121

21:333E.F TRAFFIC IN STEROIDS, DISTRIBUTE/POSSES WITH INTENT TO SELL

Count: 2s-4s Citation:

21:841A=CD.F

Offense Level:

4

21:841A-CD.F CONTROLLED SUBST SELL/DISTR/DISPENSE

Count: 1ss Citation: 21:846=CD.F Offense Level:

4

21:846 CONSPIRACY DISTRIBUTE CONTRL SUBST

Count: 27ss Citation: 18:371.F Offense Level:

4

18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES

Count: 28ss Citation: 21:333E.F Offense Level:

4

21:333 TRAFFIC IN STEROIDS, DISTRIBUTE/POSSES WITH INTENT TO SELL

Count: 2ss-4ss Citation:

21:841A=CD.F

Offense Level:

4

21:841 CONTROLLED SUBST SELL/DISTR/DISPENSE

Defendant Custody Status: Released

Flags: CLOSED,WM

Plaintiff:

USA

represented

by

Antonia J.

Barnes(Designation

Retained) Phone: 561-820-8711

Fax: 655-9785

Email: [email protected]

Plaintiff:

USA

represented

by

Cindy

Cho(Designation

Retained) Email: [email protected]

Plaintiff:

USA

represented

by

Ellen L

Cohen(Designation

Retained) Phone: 561-209-1046

Fax: 659-4526

Email: [email protected]

2/3

Case 9:11-cr-80155-KAM Document 3 Entered on FLSD Docket 08/18/2011 Page 1 of 43

•

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

11-§!?l ~~-CR~MARRA/HOPKINS 21 u.s.c. § 846 21 U.S.C. §§ 841(a) - (b) 18 u.s.c. § 371 21 U.S.C. § 333(e) 21 u.s.c. § 952(b)(2) 21 u.s.c. § 960(b)(5) 18 u.s.c. § 2

UNITED STATES OF AMERICA,

Plaintiff,

v.

PETER DEL TORO, RICHARD DEL TORO, JACLYN RUBINO, PEDRO CARRILLO, JEFFREY PERELMAN, DONALD MONTANO, KEVIN JOHNSON, CRAIG BEAVER, ALAN LEFKIN, STEVEN PEARLSTEIN, and TIMOTHY SIGMAN,

Defendants.

INDICTMENT

The Grand Jury charges that:

GENERAL ALLEGATIONS

At all times material to this Indictment:

Aug 17, 2011


A. The Controlled Substances Act

1. The Controlled Substances Act ("CSA") governed the manufacture,

distribution, and dispensation of controlled substances in the United States. 21 U.S.C. §§

801-971.

2. Various prescription drugs were scheduled substances under the CSA. The

CSA scheduled controlled substances according to their potential for abuse or

dependence, their accepted medical use, and their accepted safety or use under medical

supervision. 21 U.S.C. § 812(b). There were five schedules of controlled substances:

Schedules I, II, Ill, IV, and V. Drugs were scheduled into these levels based on their

potential for abuse and physical and psychological addiction. 21 U.S.C. § 812(a).

Schedule II drugs have a high potential for abuse and abuse of these drugs may lead to

severe psychological or physical dependence. 21 U.S.C. § 812(b)(2). Schedule Ill drugs

have a lower potential for abuse than Schedule II drugs, but abuse of these drugs may

lead to moderate to low physical dependence and high psychological dependence. 21

U.S.C. § 812(b)(3).

3. Opium and opiates and any salt, compound, derivative, or preparation of

opium or opiates, such as Roxicodone, or Oxycodone Hydrochloride, were Schedule II

controlled substances.

4. Anabolic steroids, such as the drugs Fluxymesterone, Methlytesterone,

Stanozolol, Nandrolone Decanoate, Testosterone Enanthate, Testosterone Suspension,

Testosterone Propionate, Oxandrolone, Testosterone Phenylpropionate, Testosterone

lsocaporate, Testosterone Decanoate, Testosterone Cypionate, and Testosterone, were

Schedule Ill controlled substances. Stanozolol in its injectable form was not approved by

-2-


the Food and Drug Administration ("FDA") for human use.

5. The Drug Enforcement Administration ("DEA") issued registration numbers

to qualifying persons, who are authorized to dispense Schedules II and Ill controlled

substances. To issue a prescription for a controlled substance, a physician must be

licensed to practice by a state authority and must have a DEA registration number. To

lawfully fill a prescription for a controlled substance, the dispensing pharmacist must be

licensed by a state authority and working at a state-licensed pharmacy that has a DEA

registration number. 21 U.S.C. § 823(f)(4).

6. A prescription for a controlled substance was effective only if it was issued

for a legitimate medical purpose by an individual practitioner acting in the usual course of

his professional practice. 21 C.F.R. § 1306.04(a).

7. "An order purporting to be a prescription issued not in the usual course of

professional treatment or in legitimate and authorized research is not a prescription within

the meaning and intent" of the CSA. Thus, "the person knowingly filling such a purported

prescription, as well as the person issuing it, shall be subject to the penalties provided for

violations of the provisions of law related to controlled substances." 21 C.F.R. §

1306.04(a). In other words, the responsibility for the proper prescribing and dispensing of

controlled substances was upon the prescribing physician, but a corresponding

responsibility rested with the pharmacist who fills the prescription.

8. In most instances, a practitioner was not issuing a prescription for a legitimate

medical purpose in the usual course of professional practice until after the physician

conducted at least one in-person medical evaluation. The term "in-person medical

evaluation" meant a medical evaluation that is conducted with the patient in the physical

-3-


presence of the practitioner. 21 U.S.C. § 841 (e).

B. The Federal Food, Drug, and Cosmetic Act

9. The FDA was the federal agency charged with the responsibility for protecting

the health and safety of the American public by enforcing the Federal Food, Drug, and

Cosmetic Act ("FDCA"). 21 U.S.C. §§ 301 et seq. The FDA's responsibilities under the

FDCA included regulating the manufacture, labeling, and distribution of all drugs and drug

components shipped or received in interstate commerce.

10. The FDCA prohibited the knowing distribution of, or possession with intent

to distribute, human growth hormone ("hGH") for any use in humans other than the

treatment of a disease or other recognized medical condition, where such use had been

authorized by the Secretary of Health and Human Services (HHS) under 21 U.S.C. §

355, and was pursuant to the order of a physician. 21 U.S.C. § 333(e).

11. The Secretary had not, pursuant to 21 U.S.C. §355, authorized the use of

hGH for anti-aging, bodybuilding, or athletic performance enhancement purposes.

12. Omnitrope, Genotropin, Somatropin, and Tev-Tropin were hGH.

C. The Defendants and Related Businesses

13. The defendants were part of a drug distribution network, with Treasure Coast

Specialty Pharmacy supplying controlled substances, hGH, and other prescription drugs

to customers through various businesses, including Millennium Health Services, The

Health and Rejuvenation Clinic, Infinity Medical & Rehab, and Health Transformations.

Treasure Coast Specialty Pharmacy

14. Treasure Coast Specialty Pharmacy Inc. ("TCSP") was located in Martin

-4-


County, Florida, and incorporated on or about March 16, 2006, in Port St. Lucie, Florida.

Subsequently, TCSP moved to Jensen Beach, Florida. TCSP filled prescriptions for

controlled and non-controlled substances. TCSP is licensed in Florida and 48 additional

states to dispense drugs requiring prescriptions and is registered by the DEA to dispense

Schedule II controlled substances - like Roxicodone, or Oxycodone Hydrochloride - and

Schedule Ill controlled substances - like Fluxymesterone, Methlytesterone, Stanozolol,

Nandrolone Decanoate, Testosterone Enanthate, Testosterone Suspension, Testosterone

Propionate, Oxandrolone, Testosterone Phenylpropionate, Testosterone lsocaporate,

Testosterone Decanoate, Testosterone Cypionate, and Testosterone. TCSP also

dispensed non-controlled prescription drugs, such as hGH, Chorionic Gonadotropin

("HCG"), Sermorelin Acetate, Anastrozole, and Tamoxifen for anti-aging, body building,

and athletic performance enhancement.

15. PETER DEL TORO was the owner and operator of TCSP. He was a

pharmacist licensed to practice in Florida, and authorized by that state to dispense drugs

pursuant to a valid prescription. RICHARD DEL TORO was the vice president and a

director of TCSP.

16. PETER DEL TORO arranged with various businesses and individuals to have

TCSP fulfill orders for controlled substances, hGH, and other prescription drugs. Those

businesses included: Total Health and Rejuvenation Clinic ("THARC"), and Infinity Medical

and Rehab ("Infinity").

17. PETER DEL TORO and RICHARD DEL TORO also operated two other

businesses: Millennium Health Services and Health Transformations. Both businesses

-5-


sent orders for controlled substances, hGH, and other prescription drugs to TCSP for

fulfillment.

Millennium Health Services

18. Millennium Health Services was located in Stuart, Florida, and incorporated

in Florida on or about August 14, 2007. Millennium Health Services sold customers

steroids, hGH, and other prescription drugs for anti-aging, body building, and/or athletic

performance enhancement. JACLYN RUBINO, a TCSP employee, was the president,

treasurer, and a director. She was registered in Florida as a pharmacy technician.

RICHARD DEL TORO was the vice president, secretary, and a director. PETER DEL

TORO was a director. JACLYN RUBINO ran the day-to-day operations of Millennium

Health Services, selling controlled substances, hGH, and other prescription drugs for

anti-aging, body building and/or athletic performance enhancement to customers who

contacted the company through the internet and over phone lines.

19. Dr. PEDRO CARRILLO was a medical doctor licensed to practice and DEA-

registered to prescribe controlled substances in California. JACLYN RUBINO and others

paid Dr. PEDRO CARRILLO $25 per order to approve drug orders of steroids, hGH, and

other prescription drugs for Millennium Health Services customers. The customer paid

Millennium Health Services forthe drugs, Millennium Health Sel"Vices sentTCSP the order,

and TCSP shipped the ordered drugs via Federal Express to the address specified on the

drug order. TCSP sent Millennium Health Services an invoice for the drugs shipped, and

Millennium Health Services paid TCSP by check.

-6-


The Health and Rejuvenation Clinic

20. The Health and Rejuvenation Clinic ("THARC") was located in Palm Beach

Gardens, Florida, and began operating on or about June 1, 2007. THARC sold steroids,

hGH, and other prescription drugs for anti-aging, body building, and/or athletic performance

enhancement. DONALD MONTANO and KEVIN JOHNSON owned and operated

THARC.

21. THARC employed sales people, paid with commissions and required to sign

non-compete agreements, and medical professionals.

22. Dr. JEFFREY PERELMAN was a medical doctor licensed to practice and

DEA-registered to prescribe controlled substances in Florida. DONALD MONTANO and

KEVIN JOHNSON paid Dr. JEFFREY PERELMAN to approve drug orders of steroids,

hGH, and other prescription drugs for THARC customers. The customer paid THARC for

the drugs, THARC sent TCSP the order, and TCSP shipped the ordered drugs via Federal

Express to the address specified on the drug order. TCSP sent THARC an invoice for the

drugs shipped, and THARC paid TCSP by check.

Infinity Medical & Rehab

23. Beaver & Kirshner, PA, d.b.a. Infinity Medical & Rehab ("Infinity"), was

located in West Palm Beach, Florida, and incorporated in Florida on or about January 1,

2004. Infinity sold steroids, oxycodone, hGH, and other prescription drugs for anti-aging,

body building, and/or athletic performance enhancement, and other purposes. CRAIG

BEAVER owned and operated Infinity. CRAIG BEAVER was also a chiropractor licensed

to practice in Florida. CRAIG BEAVER was not a medical doctor and was not DEA-

-7-


registered to prescribe or dispense controlled substances.

24. Dr. ALAN LEFKIN was a medical doctor licensed to practice in Florida, New

York, and Minnesota. Dr. ALAN LEFKIN was DEA-registered to prescribe controlled

substances in Florida. For a fee, Dr. ALAN LEFKIN supplied CRAIG BEAVER with blank,

pre-signed prescription pads, which CRAIG BEAVER used in creating drug orders of

steroids, hGH, and other prescription drugs for Infinity customers. In addition, CRAIG

BEAVER paid Dr. ALAN LEFKIN $50 per order for steroids, hGH, and other prescription

drugs.

25. Dr. STEVEN PEARLSTEIN was a medical doctor licensed to practice and

DEA-registered to prescribe controlled substances in Florida. For a fee, Dr. STEVEN

PEARLSTEIN supplied CRAIG BEAVER with blank, pre-signed prescription pads, which

CRAIG BEAVER used in creating drug orders of steroids, hGH, and other prescription

drugs for Infinity customers. In addition, CRAIG BEAVER paid Dr. STEVEN PEARLSTEIN

to approve drug orders of steroids, oxycodone, hGH, and other prescription drugs for

Infinity customers, including himself, CRAIG BEAVER.

26. Dr. STEVEN PEARLSTEIN supplied blank, pre-signed prescription pads for,

and allowed CRAIG BEAVER to sign Dr. STEVEN PEARLSTEIN's signature on, drug

orders of oxycodone, in order to obtain oxycodone for CRAIG BEAVER's and others'

recreational use.

27. The customer paid Infinity for the drugs, Infinity sent TCSP the order, and

TCSP shipped the ordered drugs via Federal Express to the address specified on the drug

order. Sometimes TCSP shipped the drugs to CRAIG BEAVER or other individuals, for

-8-


distribution to others. TCSP sent Infinity an invoice forthe drugs shipped, and Infinity paid

TCSP by check.

Health Transformations

28. Health Transformations was located in Sebastian, Florida, and incorporated

in Florida on or about January 26, 2010. Health Transformations sold steroids, hGH, and

other prescription drugs for anti-aging, body building, and/or athletic performance

enhancement. Dr. TIMOTHY SIGMAN through another corporation of which he is

president, Sigman MD, owned and operated Health Transformations. Dr. TIMOTHY

SIGMAN was a medical doctor licensed to practice and DEA-registered to prescribe

controlled substances in Florida. Until on or about September 10, 2010, RICHARD DEL

TORO was a manager and registered agent of Health Transformations. Health

Transformations paid profit disbursement checks to RICHARD DEL TORO and Pharmville

Consulting, a corporation of which PETER DEL TORO is president.

29. Health Transformations employed sales people and medical professionals,

including Dr. TIMOTHY SIGMAN himself. Dr. TIMOTHY SIGMAN acted as a sales person

and approved drug orders of steroids, hGH, and other prescription drugs. Sometimes the

receptionist and office manager at Health Transformations, neither of whom were licensed

to practice medicine or DEA-registered to dispense controlled substances, approved drug

orders. The customer paid Health Transformations for the drugs, Health Transformations

sent TCSP the order, and TCSP usually shipped the ordered drugs via Federal Express

to the address specified on the drug order. Sometimes TCSP shipped the drugs to Dr.

TIMOTHY SIGMAN or other individuals, for distribution to others. TCSP sent Health

-9-


Transformations an invoice for the drugs shipped, and Health Transformations paid TCSP

by check.

D. Use of Anabolic Steroids, hGH, and Other Prescription Drugs

30. Many of the anabolic steroids - including Stanozolol, which in its injectable

form is not FDA-approved for human use - and hGH were part of a "stack" or drug cocktail

that included other prescription drugs, like HCG, Tamoxifen, and Anastrozole. "Stacking"

is the practice of combining anabolic steroids, hGH, and other prescription drugs for a

period ranging from 6 to 12 weeks, or longer.

31. hGH was included in the "stack" to promote muscle growth and leanness.

HCG was included in the "stack" to stimulate testosterone production in the testes. HCG

was commonly used as part of the anabolic steroid cycles to maintain and restore testicular

size and natural testosterone production, which often diminished as a result of the use of

the anabolic steroids.

32. Other prescription drugs distributed, dispensed, and sold to customers

included the following estrogen blockers or anti-estrogen drugs: Tamoxifen and

Anastrozole. These drugs were included in the "stack" to prevent numerous negative side

effects of taking anabolic steroids, including gynecomastia, the painful enlargement of male

users' breasts. When used legitimately, Tamoxifen and Anastrozole are used to treat

various forms of breast cancer and to prevent recurrence of cancer after surgery or

chemotherapy.

COUNT1 (Conspiracy to Distribute Controlled Substances -Anabolic Steroids)

33. Paragraphs 1 through 2, 4 through 8, and 13 through 32 of the General

-10-


Allegations are incorporated as though realleged in their entirety herein.

34. On a date unknown to the Grand Jury, but at least as early as from on or

about May 14, 2007, and continuing through on or about June 28, 2011, in Palm Beach,

Martin, Indian River, and Broward Counties, in the Southern District of Florida, and

elsewhere, the defendants,

PETER DEL TORO, RICHARD DEL TORO,

JACLYN RUBINO , PEDRO CARRILLO,

JEFFREY PERELMAN, DONALD MONTANO,

KEVIN JOHNSON, CRAIG BEAVER, ALAN LEFKIN,

STEVEN PEARLSTEIN, and TIMOTHY SIGMAN,

did knowingly and intentionally combine, conspire, confederate and agree with each other

and with persons known and unknown to the Grand Jury to distribute Schedule Ill

controlled substances, including the anabolic steroids Fluxymesterone, Methlytesterone,

Stanozolol, Nandrolone Decanoate, Testosterone Enanthate, Testosterone Suspension,

Testosterone Propionate, Oxandrolone, Testosterone Phenylpropionate, Testosterone

lsocaporate, Testosterone Decanoate, Testosterone Cypionate, and Testosterone, in

violation of Title 21, United States Code, Section 841 (a)(1 ).

All in violation of Title 21, United States Code, Sections 846.

COUNTS 2 THROUGH 4 (Distributing Controlled Substances - Anabolic Steroids)

35. Paragraphs 1 through 2, 4 through 8, 13 through 17, 18 through 19, and 30

through 32 of the General Allegations are incorporated as though realleged in their entirety

-11-


herein.

36. On or about the dates listed for each count, in Palm Beach, Martin, Indian

River, and Broward Counties, in the Southern District of Florida, and elsewhere,

defendants identified as to each count knowingly and intentionally distribute one or more

Schedule Ill controlled substances outside the scope of professional practice and not for

a legitimate medical purpose, as set forth below:

COUNT DATE OF

DEFENDANT DRUGS PRESCRIPTION

2 January 4, 2008 PETER DEL TORO, Nandrolone RICHARD DEL TORO, Decanoate (to J.S.) JACLYN RUBINO, and Dr. PEDRO CARRILLO

3 January 3, 2008 PETER DEL TORO, Oxandrolone (to E.L.) RICHARD DEL TORO, JACLYN RUBINO and Dr. PEDRO CARRILLO

4 January 4, 2008 PETER DEL TORO, Oxandrolone (to R.L.) RICHARD DEL TORO, JACLYN RUBINO, and Dr. PEDRO CARRILLO

All in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1) and

Title 18, United States Code, Section 2.

COUNTS 5 THROUGH 8 (Distributing Controlled Substances -Anabolic Steroids)



herein.


-12-



defendants identified as to each count did knowingly and intentionally distribute one or

more Schedule Ill controlled substances outside the scope of professional practice and not

for a legitimate medical purpose, as set forth below:

COUNT DATE OF


5 September 13, PETER DEL TORO, Testosterone 2007 RICHARD DEL TORO, Cypionate,

Dr. JEFFREY Nandrolone PERELMAN, DONALD Decanoate, Stanozolol MONTANO, and KEVIN (to J.H.)

JOHNSON

6 October 29, 2009 PETER DEL TORO, Testosterone RICHARD DEL TORO, Enanthate (to C.C.) Dr. JEFFREY PERELMAN, DONALD MONTANO, and KEVIN JOHNSON

7 March 11, 2011 PETER DEL TORO, Nandrolone RICHARD DEL TORO, Decanoate, Dr. JEFFREY Testosterone PERELMAN, DONALD Cypionate, Stanozolol MONTANO, and KEVIN injectable (to T.M. in

JOHNSON Maryland)

8 March 29, 2011 PETER DEL TORO, Nandrolone RICHARD DEL TORO, Decanoate (to A.S.) Dr. JEFFREY PERELMAN, DONALD MONTANO, and KEVIN JOHNSON

All in violation of Title 21, United States Code, Sections 841 (a)(1) and (b)(1) and


COUNTS 9 THROUGH 13

-13-


(Distributing Controlled Substances - Anabolic Steroids)


through 32 of the General Allegations are in.corporated as though realleged in their entirety

herein.




more Schedule 111 controlled substances outside the scope of professional practice and not


COUNT DATE OF


9 December 22, PETER DEL TORO, Testosterone 2009 RICHARD DEL TORO, Enanthate,

CRAIG BEAVER, and Dr. Nandrolone ALAN LEFKIN Decanoate (to G.A.)

10 June 2, 2010 PETER DEL TORO, Testosterone (to LS.) RICHARD DEL TORO, CRAIG BEAVER, and Dr. ALAN LEFKIN

11 July 12, 2007 PETER DEL TORO, Stanozolol injectable RICHARD DEL TORO, (to F.B.) CRAIG BEAVER, and Dr. STEVEN PEARLSTEIN

12 July 27, 2007 PETER DEL TORO, Testosterone RICHARD DEL TORO, Cypionate (to T.H.) CRAIG BEAVER, and Dr. STEVEN PEARLSTEIN

13 September 28, PETER DEL TORO, Oxandrolone, 2010 RICHARD DEL TORO, Stanozolol injectable

CRAIG BEAVER, and Dr. (to G.R.) STEVEN PEARLSTEIN

-14-




COUNTS14THROUGH17 (Distributing Controlled Substances -Anabolic Steroids)



herein.




more Schedule Ill controlled substances outside the scope of professional practice and not


COUNT DATE OF DEFENDANT DRUGS PRESCRIPTION

14 December 17, PETER DEL TORO, Testosterone (to P.H.) 2009 RICHARD DEL TORO,

and Dr. TIMOTHY SIGMAN

15 April 12, 2010 PETER DEL TORO, Testosterone RICHARD DEL TORO, Cypionate (to A.A)


16 October 18, 2010 PETER DEL TORO, Testosterone (to A.V.) RICHARD DEL TORO, and Dr. TIMOTHY SIGMAN

-15-



17 February 16, 2011 PETER DEL TORO, Testosterone RICHA~D DEL TORO, Enanthate (to C.L.) and Dr. TIMOTHY SIGMAN

All in violation of Title 21, United States Code, Sections 841 (a)(1) and (b)(1) and


COUNT18 (Conspiracy to Distribute Controlled Substances - Oxycodone)

43. Paragraphs 1 through 3, 5 through 8, 13 through 17, and 23 through 27 of

the General Allegations are incorporated as though realleged in their entirety herein.


about August 2010 and continuing through on or about June 28, 2011, in Palm Beach,



PETER DEL TORO, RICHARD DEL TORO, CRAIG BEAVER, and

STEVEN PEARLSTEIN,

did knowingly and intentionally combine, conspire, confederate and agree with each other

and with persons known and unknown to the Grand Jury to distribute Schedule II controlled

substances, that is, Roxicodone, in violation of Title 21, United States Code, Section

841 (a)(1 ).

All in violation of Title 21, United States Code, Sections 846 and 841 (b)(1 ).

COUNTS19THROUGH21

-16-


(Distributing Controlled Substances - Oxycodone)

45. Paragraphs 1 through 3, 5 through 8, 13 through 17, and 23 through 27 of


46. On or about the dates listed for each count, in Palm Beach and Martin

Counties, in the Southern District of Florida, and elsewhere, the defendants identified as

to each count, did knowingly and intentionally distribute one or more Schedule 11 controlled

substances outside the scope of professional practice and not for a legitimate medical

purpose, as set forth below:


19 April 18, 2011 PETER DEL TORO, Roxicodone (to D.B.) RICHARD DEL TORO, CRAIG BEAVER, and Dr. STEVEN PEARLSTEIN

20 April 7, 2011 PETER DEL TORO, Roxicodone (to C.B.) RICHARD DEL TORO, CRAIG BEAVER, and Dr. STEVEN PEARLSTEIN

21 May 18, 2011 PETER DEL TORO, Roxicodone (to C.B.) RICHARD DEL TORO, CRAIG BEAVER, and Dr. STEVEN PEARLSTEIN



COUNT 22 (Conspiracy to Unlawfully Distribute Human Growth Hormone)

47. Paragraphs 1 through 2, and 5 through 32 of the General Allegations are

incorporated as though realleged in their entirety herein.

-17-



about May 14, 2007, and continuing through on or about June 28, 2011, in Palm Beach,



PETER DEL TORO, RICHARD DEL TORO,

JACLYN RUBINO , PEDRO CARRILLO,

JEFFREY PERELMAN DONALD MONTANO,

KEVIN JOHNSON, CRAIG BEAVER, ALAN LEFKIN,

STEVEN PEARLSTEIN, and TIMOTHY SIGMAN,

did knowingly and willfully combine, conspire, confederate, and agree with each other and

with others known and unknown to the grand jury, to commit certain offenses against the

United States, namely to knowingly distribute and possess with intent to distribute hGH,

for a use in humans other than the treatment of a disease or other recognized medical

condition, where such use had been authorized by the Secretary under 21 U.S.C. § 355

and was pursuant to the order of a physician, in violation of Title 21, United States Code,

Section 333(e).

OBJECTS OF THE CONSPIRACY

49. It was the purpose and object of the conspiracy for the defendants and their

co-conspirators to unjustly enrich themselves by marketing and causing the distribution in

interstate commerce of hGH for unauthorized uses such as anti-aging, bodybuilding, and

athletic performance enhancement.

-18-


MANNER AND MEANS

50. The manner and means employed by the defendants to effect the objects of

the conspiracy included the following:

a. Millennium Health Services, owned and operated by defendant

JACLYN RUBINO; THARC, owned and operated by defendants DONALD MONTANO and

KEVIN JOHNSON; Health Transformations, owned and operated by defendants Dr.

TIMOTHY SIGMAN, RICHARD DEL TORO, and PETER DEL TORO; and other businesses

solicited customers seeking to purchase steroids, hGH, and other prescription drugs

through various promotional means, including customer information packets, internet

websites, and/or in-person presentations at fitness centers and bodybuilding competitions.

b. Prospective customers contacted Millennium Health Services, THARC,

Health Transformations, and other businesses through telephone or e-mail and

communicated with sales people, including defendants JACLYN RUBINO, who had limited

or no medical background or training. Health Transformations - through Dr. TIMOTHY

SIGMAN, RICHARD DEL TORO, and PETER DEL TORO, employed sales people located

in different states. In many instances, the customer contacted these businesses specifically

seeking to purchase steroids, hGH, and other prescription drugs for anti-aging,

bodybuilding, and/or athletic enhancement purposes. In other instances, the customer

indicated an interest in anti-aging, bodybuilding, and/or athletic enhancement, and the sales

person recommended that the customer purchase steroids, hGH, and other prescription

drugs. In a few instances, the customer contacted these businesses through an in-person

visit.

-19-


c. After speaking with the customer, the sales person prepared a

customer drug order which listed, among other information, the name and quantity of the

drug or drugs the customer had requested, and the name of the physician working for the

business, including defendants Ors. PEDRO CARRILLO, JEFFREY PERELMAN, and

TIMOTHY SIGMAN.

d. As part of the drug ordering process, the sales person, in some

instances, obtained medical history forms, a blood test, and a "physical examination form"

filled out with the customer's vital information. The sales person represented that a licensed

medical doctor employed by the business would review the customer's medical information

and then issue a prescription for the requested drugs. In most instances, these customers

were not examined by a licensed physician employed by the business before obtaining their

drug order.

e. Millennium Health Services, THARC, Health Transformations, and other

businesses arranged to have the drug orders sent by facsimile or e-mail to defendants Ors.

PEDRO CARRILLO, JEFFREY PERELMAN, TIMOTHY SIGMAN, and other physicians

who would, in many instances, sign a drug order form without first meeting with, or

conducting a physical examination of, the customer.

f. At Infinity CRAIG BEAVER examined customers who were either

referred or came in person to the office. CRAIG BEAVER then filled out blank prescription

pads - which he paid Ors. ALAN LEFKIN and STEVEN PEARLSTEIN to pre-sign - with

the ordered drugs.

g. In some instances, sales people at these businesses, including Health

-20-


Transformations, filled out the drug order form in their own name, but with the address of

the customer or the business.

h. Upon receiving, or, in some instances, creating the signed drug orders,

Millennium Health Services, THARC, Infinity, Health Transformations, and other businesses

provided the orders to TCSP and defendants PETER DEL TORO and RICHARD DEL

TORO, who then dispensed the drugs listed on the orders. After filling the order TCSP

either sent the drugs back to the business producing the drug order or sent the drugs

directly to the ordering customer, who was not always the end user of the drugs.

OVERT ACTS

51. In furtherance of the aforesaid conspiracy, and to effect the objects of the

conspiracy, the defendants or one of their co-conspirators committed and caused to be

committed in the Southern District of Florida and elsewhere, at least one of the following

overt acts:

a. On or about May 14, 2007, defendants PETER DEL TORO and

RICHARD DEL TORO purchased hGH from a co-conspirator for sale and distribution to

customers.

b. On or about May 21, 2007, defendants PETER DEL TORO and


customers.

c. On or about May 25, 2007, defendants PETER DEL TORO and


customers.

-21-


d. On or about May 25, 2007, defendant PETER DEL TORO caused

employees of TCSP to distribute hGH to fill an order received from a co-conspirator.

e. On or about the dates alleged in Counts 23 through 34, the defendants

listed in each count distributed hGH.

All in violation of Title 18, United States Code, Section 371.

COUNT 23 (Unlawfully Distributing Human Growth Hormone)

52. Paragraphs 1 through 2, 5 through 17, 18 through 19, and 30 through 32, of



River, and Broward Counties, in the Southern District of Florida, and elsewhere, the

defendants identified as to each count, did knowingly distribute and possess with intent to

distribute hGH, for a use in humans other than the treatment of a disease or other

recognized medical condition, where such use had been authorized by the Secretary under

21 U.S.C. § 355 and was pursuant to the order of a physician:

COUNT DATE OF


23 September 5, PETER DEL TORO, Omnitrope (to R.L.) 2007 RICHARD DEL TORO,

JACLYN RUBINO, and Dr. PEDRO CARRILLO

All in violation of Title 21, United States Code, Section 333(e) and Title 18, United

States Code, Section 2.

COUNTS 24 through 26 (Unlawfully Distributing Human Growth Hormone)

-22-










COUNT DATE OF


24 August28,2007 PETER DEL TORO, Genotropin (to D.M.) RICHARD DEL TORO, Dr. JEFFREY PERELMAN, DONALD MONTANO, and KEVIN JOHNSON

25 October 22, 2009 PETER DEL TORO, Somatropin (R.J. in RICHARD DEL TORO, TX) Dr. JEFFREY PERELMAN, DONALD MONTANO, and KEVIN JOHNSON

26 March 29, 2011 PETER DEL TORO, Somatropin (to A.S.) RICHARD DEL TORO, Dr. JEFFREY PERELMAN, DONALD MONTANO, and KEVIN JOHNSON



-23-











DATE OF COUNT DEFENDANT DRUGS

PRESCRIPTION

27 October 14, 2009 PETER DEL TORO, Tev-Tropin (to C.B.) RICHARD DEL TORO, CRAIG BEAVER, and Dr. ALAN LEFKIN .,

28 June 2, 2010 PETER DEL TORO, Tev-Tropin (to L.S.) RICHARD DEL TORO, CRAIG BEAVER, and Dr. ALAN LEFKIN

29 May 29, 2007 PETER DEL TORO, Somatropin (to T.B.) RICHARD DEL TORO, CRAIG BEAVER and Dr. STEVEN PEARLSTEIN

30 May 29, 2007 PETER DEL TORO, Somatropin (to T.B.) RICHARD DEL TORO, CRAIG BEAVER and Dr. STEVEN PEARLSTEIN

-24-


DATE OF COUNT DEFENDANT DRUGS

PRESCRIPTION

31 June 1, 2007 PETER DEL TORO, Somatropin (to P.T.) RICHARD DEL TORO, CRAIG BEAVER and Dr. STEVEN PEARLSTEIN













32 December 17, PETER DEL TORO, Tev-Tropin (to P.H. in 2009 RICHARD DEL TORO, Vero Beach, FL)


-25-


COUNT DATE OF


33 April 8, 2010 PETER DEL TORO, Omnitrope (to E.T. in RICHARD DEL TORO, PA) and Dr. TIMOTHY SIGMAN

34 April 12, 2010 PETER DEL TORO, Tev-Tropin (to A.A. in RICHARD DEL TORO, NY) and Dr. TIMOTHY SIGMAN



COUNT 35 (Illegally Importing Controlled Substances)

60. On or about March 10, 2009, in Martin County, in the Southern District of

Florida and elsewhere, the defendant,

PETER DEL TORO,

did knowingly and intentionally attempt to import into the United States, from a place outside

thereof, a Schedule Ill controlled substance, specifically Nandrolone Decanoate, an

anabolic steroid, in violation of Title 21, United States Code, Section 952(b)(2) and

960(b)(5) .

CRIMINAL FORFEITURE

Upon conviction of the violations alleged in Counts 1 through 35 of this indictment,

the defendants PETER DEL TORO, RICHARD DEL TORO, JACLYN RUBINO, PEDRO

CARRILLO, JEFFREY PERELMAN, DONALD MONTANO, KEVIN JOHNSON, CRAIG

BEAVER, ALAN LEFKIN, STEVEN PEARLSTEIN, and TIMOTHY SIGMAN, shall forfeit to

-26-


the United States any and all property constituting or derived from any proceeds which the

defendants PETER DEL TORO, RICHARD DEL TORO, JACLYN RUBINO, PEDRO

CARRILLO, JEFFREY PERELMAN, DONALD MONTANO, KEVIN JOHNSON, CRAIG

BEAVER, ALAN LEFKIN, STEVEN PEARLSTEIN, and TIMOTHY SIGMAN, obtained

directly or indirectly as a result of the said violations and any and all property used or

intended to be used in any manner or part to commit or facilitate the commission of such

violation, including at least, but not limited to, the following:

a. The sum of $2,040,174.00 in United States currency representing a money

judgment for the amount of proceeds received from the offenses.

b. One Torpac encapsulating machine, serial number 4FB147.

c. One Torpac encapsulating machine, serial number 4FB313.

d. One Labconco lyophilizer machine, serial number 06758151A.

Pursuant to Title 21, United States Code, Section 853.

If any of the forfeitable property described in the forfeiture section of this indictment,

as a result of any act or omission of the defendants PETER DEL TORO, RICHARD DEL

TORO, JACLYN RUBINO, PEDRO CARRILLO, JEFFREY PERELMAN, DONALD

MONTANO, KEVIN JOHNSON, CRAIG BEAVER, ALAN LEFKIN, STEVEN PEARLSTEIN,

and TIMOTHY SIGMAN,

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third person;

(c) has been placed beyond the jurisdiction of the Court;

(d) has been substantially diminished in value; or

-27-


(e) has been commingled with other property which cannot be subdivided without

difficulty;

it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p),

to seek forfeiture of any other property of said defendant up to the value of the above

forfeitable property, including at least, but not limited to, the following:

a. The contents of Bank of America Account No. XXXX4216 in the name of

Treasure Coast Specialty Pharmacy, Inc.

b. The contents of Peoples First Bank Account No. XXXX3338 in the name of


c. The contents of Peoples First Bank Account No. XXXX2242 in the name of

Peter D. DEL TORO and xxxxxx.

d.. The contents of Bank Atlantic Account No. XXXX1411 in the name of


e. The contents of Morgan Stanley Account No. XXXX459-17 in the name of

Peter DEL TORO.

f. The contents of Morgan Stanley Account No. XXXX460-17 in the name of

Peter DEL TORO.

g. The contents of Morgan Stanley Account No. XXXX458-17 in the name of

Peter DEL TORO and xxxxxx.

h. Eighty-One (81) one (1) oz. Gold American Eagles, Thirty (30) $20 gold one

(1) oz. Saint Gaudens MS 65 CAC, Three (3) one (1) oz. Silver American Eagles, One

Hundred Seventy-Seven (177) 2010 one (1) oz. Gold American Eagles, Fifty (50) $20 gold

-28-


Saint Gaudens MS 65 CAC, Twenty-Eight (28) $20 gold Saint Gaudens MS 66 CAC.

Pursuant to Title 21, United States Code, Section 853.

WIFREDO A. FERRER ? UNITED STATES ATTORNEY

ELLEN L. COHEN

A TRUE BILL

ASSISTANT UNITED STATES ATTORNEY

TRIAL ATTORNEY

-29-

Case 9:11-cr-80155-KAM Document 3 Entered on FLSD Docket 08/18/2011 Page 30 of 43UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA CASE NO.

vs. CERTIFICATE OF TRIAL ATTORNEY*

PETER D. DEL TORO, et al

Defendants. Superseding Case Information:

Court Division: (Select One) New Defendant( s) Yes No --

Miami __ FTL x__

Key West WPB -

I do hereby certify that:

FTP

Number of New Defendants Total number of counts

1. I have carefully considered the allegations of the indictment, the number of defendants, the number of probable witnesses and the legal complexities of the Indictment/Information attached hereto.

2. I am aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. Section 3161.

3.

4.

Interpreter: (Yes or No) List language and/or dialect

This case will take -2.Q_ days for the parties to try.

5. Please check appropriate category and type of offense listed below:

I II Ill IV v

(Check only one)

0 to 5 days 6 to 10 days 11to20 days 21 to 60 days 61 days and over

x

(Check only one)

Petty Minor Misdem. Felony x

6. Has this case been previously filed in this District Court? (Yes or No) NO If yes: Judge: Case No. (Attach copy of dispositive order) Has a complaint been filed in this matter? (Yes or No) If yes: Magistrate Case No. Related Miscellaneous numbers: Defendant(s) in federal custody as of Defendant(s) in state custody as of Rule 20 from the District of

Is this a potential death penalty case? (Yes or No)

7. Does this case originate from a matter pendini in the Northern Region of the U.S. Attorney's Office prior to October 14, 2003? __ Yes No

8. Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Office prior to September 1, 2007? __ Yes _lL_ No

/ELLEN L. COHEN " ASSISTANT UNITED STATES ATTORNEY Florida Bar No./Court No. 0739472

*Penalty Sheet(s) attached REV 4/8/08



PENAL TY SHEET

Defendant's Name: PETER DEL TORO

Case No: _________ _

Count #: 1

Conspiracy to Distribute Controlled Substances - Anabolic Steroids

21 U.S.C. §846

* Max.Penalty:

Counts #: 2-17

Up to 10 years' imprisonment; up to 3 years supervised release; up to $500,000 fine

Distribution of Controlled Substances - Anabolic Steriods

21 U.S.C. §841(a)(l) and (b)(l) and 18 U.S.C. §2

*Max. Penalty:

Count #: 18


Conspiracy to Distribute Controlled Substances - Oxycodone

21 U.S.C. §846

*Max. Penalty: Up to 20 years' imprisonment; up to 5 years supervised release; Up to $1,000,000 fine

*Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, or forfeitures that may be applicable.


Counts #: 19-21

Distribution of Controlled Substances - Oxycodone


*Max. Penalty:

Count #: 22

Up to 20 years' imprisonment; up to 5 years supervised release; Up to $1,000,000 fine

Conspiracy to Distribute human growth hormone

18 U.S.C. § 371

*Max. Penalty:

Counts #: 23-34

Up to 5 years' imprisonment; up to 3 years supervised release; Up to $250,000 fine

Unlawfully Distributing Human Growth Hormone

18 U.S.C. § 333(e) and 18 U.S.C. §2

*Max. Penalty:

Counts #: 35


Illegally Importing Controlled Substances

21 U.S.C. §§952(b)(2) and 960(b)(5)

*Max. Penalty: Up to 5 years' imprisonment; up to 3 years supervised release; Up to $250,000 fine



UNITED ST ATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

PENAL TY SHEET

Defendant's Name: RICHARD DELTORO

Case No: _________ _

Count #: 1


21 U.S.C. §846

* Max.Penalty:

Counts #: 2-17




*Max. Penalty:

Count #: 18



21 U.S.C. §846




Counts #: 19-21


21 U.S.C. §841(a)Cl) and (b)(l) and 18 U.S.C. §2

*Max. Penalty:

Count #: 22



18 U.S.C. § 371

*Max. Penalty:

Counts #: 23-34



18 U.S.C. § 333(e) and 18 U.S.C. §2





PENAL TY SHEET

Defendant's Name: JACLYN RUBINO

Case No: _________ _

Count #: 1


21 U.S.C. §846

* Max.Penalty:

Counts #: 2-4




*Max. Penalty:

Count #: 22



18 U.S.C. §371

*Max. Penalty:

Count #: 23



21 U.S.C. §333(e) and 18 U.S.C. §2





PENAL TY SHEET

Defendant's Name: PEDRO CARRILLO

Count #: 1


21 U.S.C. §846

* Max.Penalty:

Count #: 2 - 4



21 U.S.C. §841Ca)(l) and (b)Cl) and 18 U.S.C. §2

*Max. Penalty:

Count #: 22



18 U.S.C. § 371

*Max. Penalty:

Count #: 23



21 U.S.C. §333(e) and 18 U.S.C. §2




UNITED STA TES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: JEFFREY PERELMAN

Count #: 1


21 u.s.c. §846

* Max.Penalty:

Counts #: 5 - 8


Distribution of Controlled Substances - Anabolic Steroids


*Max. Penalty:

Count #: 22



18 U.S.C. §371

*Max. Penalty:

Counts #: 24-26



21 U.S.C. §333(e) and 18 U.S.C. §2





PENAL TY SHEET

Defendant's Name: DONALD MONTANO

Case No: _________ _

Count #: 1


21 U.S.C. §846

* Max.Penalty:

Counts #: 5-8

Up to 10 years' imprisonment; up to 3 years supervised release; up to $500,000 fine ·



*Max. Penalty:

Count #: 22



18 U.S.C. §371

*Max. Penalty:

Counts #: 24 - 26



21 U.S.C. §333(e) and 18 U.S.C. §2





PENAL TY SHEET

Defendant's Name: KEVIN JOHNSON

Count #: 1


21 U.S.C. §846

* Max.Penalty:

Counts #: 5-8




*Max. Penalty:

Count #: 22


Conspiracy to distribute human growth hormone

18 U.S.C. §371

*Max. Penalty:

Counts #: 24 - 26



21 U.S.C. §333(e) and 18 U.S.C. §2





PENALTY SHEET

Defendant's Name: ALAN LEFKIN

Count #: 1


21 U.S.C. §841(a)(l)

* Max.Penalty:

Counts #: 9 - 10




*Max. Penalty:

Count #: 22



18 U.S.C. §371

*Max. Penalty:

Counts #: 27 - 28

Up to S years' imprisonment; up to 3 years supervised release; Up to $250,000 fine


21 U.S.C. §333(e) and 18 U.S.C. §2




UNITED ST A TES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

PENAL TY SHEET

Defendant's Name: CRAIG BEA VER

Count #: 1


21 U.S.C. §846

* Max.Penalty:

Counts #: 9 - 13




*Max. Penalty:

Count #: 18



21 U.S.C. §846




Counts #: 19 - 21


21 U.S.C. §841Ca)(l) and (b)(l) and 18 U.S.C. §2

*Max. Penalty:

Count #: 22



18 U.S.C. §371

*Max. Penalty:

Counts #: 27 - 31



21 U.S.C. §333(e) and 18 U.S.C. §2


*Refers only to possible term of incarceration, does not include possible fines, restitution, special assessments, parole terms, ox forfeitures that may be applicable.



PENALTY SHEET

Defendant's Name: TIMOTHY SIGMAN

Count #: 1


21 U.S.C. §846

* Max.Penalty:

Counts #: 14 - 17




*Max. Penalty:

Count #: 22



18 U.S.C. §371

*Max. Penalty:

Counts #: 32 - 34



21 U.S.C. §333(e) and 18 U.S.C. §2



USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 1 of 6

United States District CourtSouthern District of Florida

WEST PALM BEACH DIVISION

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

v. Case Number - 9:11-80155-CR-MARRA-4

PEDRO CARILLOUSM Number: 97310-004

Counsel For Defendant: Robert Adler, AFPDCounsel For The United States: Ellen Cohen, AUSACourt Reporter: Ana Meagher - Ouellette & Mauldin

___________________________________

The defendant pleaded guilty to Counts 1 and 27 of the Second Superseding Indictment on June 8, 2012. Thedefendant is adjudicated guilty of the following offenses:

TITLE/SECTIONNUMBER

NATURE OFOFFENSE OFFENSE ENDED COUNT

21 U.S.C. § 846 Conspiracy to distributecontrolled substances

June 28, 2011 1

18 U.S.C. § 371 Conspiracy to unlawfullydistribute human growthhormone

June 28, 2011 27

The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuantto the Sentencing Reform Act of 1984.

Remaining counts are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any changeof name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by thisjudgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorneyof any material changes in economic circumstances.

Date of Imposition of Sentence:2/10/14

________________________________KENNETH A. MARRAUnited States District Judge

February 10, 2014



DEFENDANT: PEDRO CARILLOCASE NUMBER: 9:11-80155-CR-MARRA-4

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisonedfor a term of Four (4) months as to Counts 1 and 27, to be served concurrently.

The Court makes the following recommendations to the Bureau of Prisons:

The defendant be designated to an institution as close as possible to Palm Springs, California.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons on orbefore 2:00 P.M. on April 10, 2014 as notified by the United States Marshal.

RETURN

I have executed this judgment as follows:

Defendant delivered on ____________________ to _________________________________

at _____________________________________________, with a certified copy of this judgment.

__________________________________UNITED STATES MARSHAL

By:__________________________________Deputy U.S. Marshal




SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of One (1) year as to Counts 1 and 27,to run concurrently.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release fromthe custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of acontrolled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least twoperiodic drug tests thereafter, as determined by the court.

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.

The defendant shall cooperate in the collection of DNA as directed by the probation officer.

If this judgment imposes a fine or a restitution, it is a condition of supervised release that the defendant pay in accordancewith the Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as any additionalconditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1. The defendant shall not leave the judicial district without the permission of the court or probation officer;2. The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first fifteen days of each

month;3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;4. The defendant shall support his or her dependents and meet other family responsibilities;5. The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable

reasons;6. The defendant shall notify the probation officer at least ten (10) days prior to any change in residence or employment;7. The defendant shall refrain from the excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled

substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;8. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;9. The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony,

unless granted permission to do so by the probation officer;10. The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any

contraband observed in plain view by the probation officer;11. The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer;12. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission

of the court; and13. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal record

or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant’scompliance with such notification requirement.




SPECIAL CONDITIONS OF SUPERVISION

The defendant shall also comply with the following additional conditions of supervised release:

Home Detention with Electronic Monitoring - The defendant shall participate in the Home Detention ElectronicMonitoring Program for a period of Four (4) months. During this time, the defendant shall remain at his place ofresidence except for employment and other activities approved in advance, and provide the U.S. Probation Officerwith requested documentation. The defendant shall maintain a telephone at his place of residence without ‘callforwarding’, ‘call waiting’, a modem, ‘caller ID’, or ‘call back/call block’ services for the above period. Thedefendant shall wear an electronic monitoring device and follow the electronic monitoring procedures as instructedby the U.S. Probation Officer. The defendant shall pay for the electronic monitoring equipment at the prevailing rateor in accordance with ability to pay.

Relinquishment of Licensure - Upon request of the appropriate regulatory agency, the defendant shall relinquishhis/her license to said agency. The defendant is on notice that such relinquishment is permanent and will beconsidered disciplinary action.




CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on the Schedule ofPayments sheet.

Total Assessment Total Fine Total Restitution

$200.00 $ $

*Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed onor after September 13, 1994, but before April 23, 1996.




SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A. Lump sum payment of $200.00 due immediately.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penaltiesis due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’Inmate Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

The assessment/fine/restitution is payable to the CLERK, UNITED STATES COURTS and is to be addressed to:

U.S. CLERK’S OFFICE ATTN: FINANCIAL SECTION 400 NORTH MIAMI AVENUE, ROOM 8N09 MIAMI, FLORIDA 33128-7716

The assessment/fine/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the U.S.Attorney’s Office are responsible for the enforcement of this order.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,(5) fine interest, (6) community restitution,(7) penalties, and (8) costs, including cost of prosecution and court costs.



United States District CourtSouthern District of Florida

WEST PALM BEACH DIVISIONAMENDED

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

v. Case Number - 9:11-80155-CR-MARRA-4

PEDRO CARRILLOUSM Number: 97310-004

Counsel For Defendant: Robert Adler, AFPDCounsel For The United States: Ellen Cohen, AUSACourt Reporter: Ana Meagher - Ouellette & Mauldin

___________________________________

Date of Original Judgment: 2/10/14(Or Date of Last Amended Judgment)

Reason for Amendment:

Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36)

The defendant pleaded guilty to Counts 1 and 27 of the Second Superseding Indictment on June 8, 2012. The defendant isadjudicated guilty of the following offenses:

TITLE/SECTIONNUMBER

NATURE OFOFFENSE OFFENSE ENDED COUNT

21 U.S.C. § 846 Conspiracy to distributecontrolled substances

June 28, 2011 1

18 U.S.C. § 371 Conspiracy to unlawfullydistribute human growthhormone

June 28, 2011 27

The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to theSentencing Reform Act of 1984.

Remaining counts are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid.If ordered to pay restitution, the defendant must notify the court and United States attorney of any material changes in economiccircumstances.

Date of Imposition of Original Sentence:2/10/14

________________________________KENNETH A. MARRAUnited States District Judge

March 20, 2014



DEFENDANT: PEDRO CARRILLOCASE NUMBER: 9:11-80155-CR-MARRA-4

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisonedfor a term of Four (4) months as to Counts 1 and 27, to be served concurrently.

The Court makes the following recommendations to the Bureau of Prisons:

The defendant be designated to an institution as close as possible to Palm Springs, California.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons on orbefore 2:00 P.M. on April 10, 2014 as notified by the United States Marshal.

RETURN

I have executed this judgment as follows:

Defendant delivered on ____________________ to _________________________________

at _____________________________________________, with a certified copy of this judgment.

__________________________________UNITED STATES MARSHAL

By:__________________________________Deputy U.S. Marshal




SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of One (1) year as to Counts 1 and 27,to run concurrently.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release fromthe custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of acontrolled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least twoperiodic drug tests thereafter, as determined by the court.

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.

The defendant shall cooperate in the collection of DNA as directed by the probation officer.

If this judgment imposes a fine or a restitution, it is a condition of supervised release that the defendant pay in accordancewith the Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as any additionalconditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1. The defendant shall not leave the judicial district without the permission of the court or probation officer;2. The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first fifteen days of each

month;3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;4. The defendant shall support his or her dependents and meet other family responsibilities;5. The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable

reasons;6. The defendant shall notify the probation officer at least ten (10) days prior to any change in residence or employment;7. The defendant shall refrain from the excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled

substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;8. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;9. The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony,

unless granted permission to do so by the probation officer;10. The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any

contraband observed in plain view by the probation officer;11. The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer;12. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission

of the court; and13. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal record

or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant’scompliance with such notification requirement.




SPECIAL CONDITIONS OF SUPERVISION

The defendant shall also comply with the following additional conditions of supervised release:

Home Detention with Electronic Monitoring - The defendant shall participate in the Home Detention ElectronicMonitoring Program for a period of Four (4) months. During this time, the defendant shall remain at his place ofresidence except for employment and other activities approved in advance, and provide the U.S. Probation Officerwith requested documentation. The defendant shall maintain a telephone at his place of residence without ‘callforwarding’, ‘call waiting’, a modem, ‘caller ID’, or ‘call back/call block’ services for the above period. Thedefendant shall wear an electronic monitoring device and follow the electronic monitoring procedures as instructedby the U.S. Probation Officer. The defendant shall pay for the electronic monitoring equipment at the prevailing rateor in accordance with ability to pay.

Relinquishment of Licensure - Upon request of the appropriate regulatory agency, the defendant shall relinquishhis/her license to said agency. The defendant is on notice that such relinquishment is permanent and will beconsidered disciplinary action.




CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on the Schedule ofPayments sheet.

Total Assessment Total Fine Total Restitution

$200.00 $ $

*Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed onor after September 13, 1994, but before April 23, 1996.




SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A. Lump sum payment of $200.00 due immediately.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penaltiesis due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’Inmate Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

The assessment/fine/restitution is payable to the CLERK, UNITED STATES COURTS and is to be addressed to:

U.S. CLERK’S OFFICE ATTN: FINANCIAL SECTION 400 NORTH MIAMI AVENUE, ROOM 8N09 MIAMI, FLORIDA 33128-7716

The assessment/fine/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the U.S.Attorney’s Office are responsible for the enforcement of this order.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,(5) fine interest, (6) community restitution,(7) penalties, and (8) costs, including cost of prosecution and court costs.


case summary · case 9:11-cr-80155-kam document 3 entered on flsd docket 08/18/2011 page 2 of 43 a....

Documents