A Sioux City man for the second time has been sentenced to federal prison for selling unapproved erectile dysfunction medication he received from overseas.
David Kempema, 61, advertised the pills, which contained the same active ingredients as Viagra and Cialis, as prescription drugs approved by the Food and Drug Administration to treat erectile dysfunction.
The ads were in men’s restrooms in businesses along the Interstate 29 corridor, according to court documents.
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The advertisements stated the pills were male enhancement “dietary supplements” called “Supermale” and “All Natural Male,” according to a plea agreement and sentencing documents.
Kempema pleaded guilty in October to introducing misbranded drugs into interstate commerce with intent to defraud.
During the scheme, Kempema obtained or attempted to obtain at least 4,059 pills for resale, according to court documents. When interviewed by an FDA agent, Kempema admitted he knew the drugs were not FDA-approved and that they contained the same active ingredients as the FDA-approved versions.
Kempema was previously convicted of introducing misbranded drugs into interstate commerce in 2011. According to that plea agreement, Kempema, between October 2009 and July 2011, ordered pills from India that contained the same active ingredients as Viagra and Cialis. In that scheme, he sold the nonapproved pills under the names of Viagra and Cialis.
In February 2012, Kempema was sentenced to 60 days in jail and one year of supervised release.
On Tuesday, U.S. District Chief Judge Leonard T. Strand sentenced Kempema to 18 months in prison. He also was ordered to serve one year of supervised release following his prison term.
“Individuals who sell misbranded drugs obtained from overseas are taking advantage of American consumers while putting those same consumers at risk of side effects from these drugs,” Acting U.S. Attorney Timothy Duax said in a statement. “For the second time, David Kempema put the lives of others on the line because of his own personal greed. This sentence holds him accountable for his actions and demonstrates that this type of crime will not be tolerated.”
The case was prosecuted by Assistant U.S. Attorney Kyndra Lundquist and investigated by the FDA Office of Criminal Investigation.
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David Kempema, 61, advertised the pills, which contained the same active ingredients as Viagra and Cialis, as prescription drugs approved by the Food and Drug Administration to treat erectile dysfunction.
The ads were in men’s restrooms in businesses along the Interstate 29 corridor, according to court documents.
Advertisment
The advertisements stated the pills were male enhancement “dietary supplements” called “Supermale” and “All Natural Male,” according to a plea agreement and sentencing documents.
Kempema pleaded guilty in October to introducing misbranded drugs into interstate commerce with intent to defraud.
During the scheme, Kempema obtained or attempted to obtain at least 4,059 pills for resale, according to court documents. When interviewed by an FDA agent, Kempema admitted he knew the drugs were not FDA-approved and that they contained the same active ingredients as the FDA-approved versions.
Kempema was previously convicted of introducing misbranded drugs into interstate commerce in 2011. According to that plea agreement, Kempema, between October 2009 and July 2011, ordered pills from India that contained the same active ingredients as Viagra and Cialis. In that scheme, he sold the nonapproved pills under the names of Viagra and Cialis.
In February 2012, Kempema was sentenced to 60 days in jail and one year of supervised release.
On Tuesday, U.S. District Chief Judge Leonard T. Strand sentenced Kempema to 18 months in prison. He also was ordered to serve one year of supervised release following his prison term.
“Individuals who sell misbranded drugs obtained from overseas are taking advantage of American consumers while putting those same consumers at risk of side effects from these drugs,” Acting U.S. Attorney Timothy Duax said in a statement. “For the second time, David Kempema put the lives of others on the line because of his own personal greed. This sentence holds him accountable for his actions and demonstrates that this type of crime will not be tolerated.”
The case was prosecuted by Assistant U.S. Attorney Kyndra Lundquist and investigated by the FDA Office of Criminal Investigation.
Iowa man busted again for selling illegal erectile dysfunction pills
A Sioux City man was sentenced this week to 18 months in prison for twice selling unapproved erectile dysfunction pills as dietary supplements called “Supermale.”
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