Court Error – Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Shontay Dessart

Case No.: 14-2686

Officials: POSNER, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Court Error – Sufficiency of Evidence                   

Evidence more than sufficient to warrant conviction.

“The evidence of Dessart’s intent to mislead the FDA was ample and easily sufficient to support the jury’s verdict. The government adduced substantial evidence that Dessart was fully aware of the requirements of the Act and took affirmative steps to evade compliance. As we’ve explained, the government introduced extensive evidence establishing that Dessart was operating an online “pharmacy” out of his home by manufacturing and selling various prescription drugs to weight lifters, bodybuilders, and others seeking to enhance their physical appearance or performance. The government presented evidence of the items seized in Dessart’s home—e.g., raw drug ingredients from overseas, flavorings, colorings, manufacturing equipment, packaging materials and labels, ready-to-use postal shipping packages—and also testimony from Dessart’s customers. The drugs were, in fact, human prescription drugs and were specifically marketed and intended for that use, but Dessart affixed the label “for research only,” both on his website and on the drug packaging itself. And EDS-Research.com carried a lengthy and detailed disclaimer explicitly discussing the Act and its prohibitions on introducing unapproved new drugs into interstate commerce. Among other things, the disclaimer stated that the products offered for sale were not to be used as “drugs … for humans or animals or for commercial purposes” and should not “be considered to be food, drugs, medical devices, or cosmetics”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.