DENVER – Thomas Bader, a licensed pharmacist and former owner and operator of College Pharmacy in Colorado Springs, was sentenced today by U.S. District Court Judge Marcia S. Krieger to serve 40 months in federal prison for the importation and distribution of Chinese-manufactured human growth hormone and conspiracy to distribute anabolic steroids. The defendant, who appeared at the hearing in custody, was remanded. The Court indicated no fine was appropriate because of the Judge’s intent to order forfeiture of up to $4.8 million and the pharmacy building.
Thomas Bader was indicted by a federal grand jury in Denver on August 8, 2007. A first superseding indictment was obtained on December 5, 2007. A second superseding indictment was obtained on September 9, 2008. Bader was convicted following a 4 week jury trial on February 2, 2010. He was sentenced today, June 10, 2010.
According to the evidence presented at trial, Bader used College Pharmacy to receive human growth hormone that had been smuggled into the United States from China and to distribute the hormone as well as testosterone, an anabolic steroid, to customers around the country. The evidence established that the testosterone often went to bodybuilders who had no legitimate relationship with physicians.
The jury found Bader guilty of two counts of conspiracy. One of those counts charged that Bader and others conspired to facilitate the sale of the Chinese-made human growth hormone, which was misbranded and not approved by the Food and Drug Administration, knowing it had been imported into the United States in violation of law. The other conspiracy count charged that Bader engaged in a conspiracy to manufacture, distribute, dispense and possess with intent to distribute anabolic steroids.
The jury convicted Bader on twenty-seven counts of distribution of human growth hormones, including twenty-three counts that charged the human growth hormone went to minors. The jury also found Bader guilty of one count of facilitating the sale of smuggled human growth hormone and one count of possessing with intent to distribute human growth hormone. Bader was found not guilty of a charge of receiving smuggled goods.
In addition, the jury found that assets, including up to $4,800,000 and the building where the pharmacy was located at 3505 Austin Bluffs Parkway, Colorado Springs, should be forfeited to the United States.
This case was investigated by the Office of Criminal Investigations of the Food and Drug Administration, and it was prosecuted by Assistant United States Attorneys Jaime Peña, Greg Rhodes, Tonya Andrews and James Russell.