California Man Charged With Selling Illegal Depressant Etizolam Over the Internet

BOSTON - A California man has been charged for allegedly conspiring to sell the illegal depressant Etizolam over the internet.

Paul Z. Lamberty, 52, of Folsom, Calif., was charged in a two-count information with one count of conspiracy to defraud the United States and one count of the introduction of misbranded drugs with the intent to defraud and mislead. He will appear in federal court in Boston at a later date.

According to the charging documents, Lamberty operated websites encern.com and ohmod.com to sell the drug Etizolam to customers throughout the United States, including customers in Massachusetts. The Food and Drug Administration (FDA) has not approved Etizolam for use as a drug, and thus it cannot be sold or prescribed in the United States. Despite this, Lamberty allegedly purchased drugs from suppliers in China, imported those drugs into the United States and sold the drugs with false labelling stating that the products were sold "For Research Purposes Only," and "Not for Human Consumption."

According to the charging documents, Etizolam is a drug known as a thienodiazepine - a class of drugs chemically related to benzodiazepines, which produce central nervous system depression. Physicians may prescribe FDA-approved benzodiazepines to treat insomnia and anxiety, but benzodiazepines and thienodiazepines also carry risks of dependency, toxicity and even fatal overdose, particularly when combined with other central nervous system depressants.

The charge of conspiracy to defraud the United States provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of introduction of misbranded drugs with the intent to defraud and mislead provides for a sentence up to three years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes that govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; Fernando P. McMillan, Special Agent in Charge of the New York Field Office of the U.S. Food and Drug Administration, Office of Criminal Investigations; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Assistant U.S. Attorneys Jared C. Dolan and Lauren A. Graber of the Criminal Division are prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.