Inspections, Compliance, Enforcement, and Criminal Investigations
September 29, 2011: 'Supreme Greens' Informercial Producer Sentenced to One-Year Probation for Filing False Tax Return and Distributing Misbranded Drugs
BOSTON, MA - A Plymouth man was sentenced today in federal court for subscribing to a false tax return and causing the introduction and delivery for introduction into interstate commerce of a misbranded drug, Supreme Greens.
United States Attorney Carmen M. Ortiz, Mark Dragonetti, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, William P. Offord, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, Boston Field Division, and Robert Bethel, Inspector in Charge ofthe United States Postal Inspection Service, Boston Division announced today that DONALD W. BARRETT, JR., age 36, of Plymouth, Massachusetts, was sentenced by U.S. District Judge Richard G. Stearns to one year probation,. For three months of that probationary period, BARRETT will be confined to a community correction center. For another three months of that probationary period, BARRETT will be confined to his home and subject to electronic monitoring.
BARRETT pleaded guilty on May 2, 2011, before Judge Stearns to violating 26 U.S.C..Section 7206(1) (Subscribing to a False Tax Return) and 21 U.S.C. Sections331(a), 333(a)(1), and 352(f)(1) (Misbranding). The prosecutor reiterated today that, on or about November 14, 2004, BARRETT willfully made and subscribed to a tax return that failed to include $573,724.94, a substantial portion of his 2003income. In the Information to which BARRETT previously pled guilty, the government alleged that BARRETT was an owner of an infomercial company, Direct Marketing Concepts, Inc. ("DMC"). The government further alleged that an unaffiliated third company, Triad, processed credit card transactions on behalf of DMC from the sale of a product called Coral Calcium. Under this arrangement, Triad was responsible for providing 50% of the Coral Calcium net profits to DMC. In pleading guilty, BARRETT admitted that he asked Triad to send DMC's share of the net profits directly to him rather than to DMC and that, in 2003,Triad sent BARRETT the $573,724.94 in Coral Calcium profits that he failed to include in his tax return.
The prosecutor also reiterated today that, on or about April 8, 2004, BARRETT caused the introduction of a bottle of "Supreme Greens" pills into interstate commerce, and that the bottle had been misbranded because it lacked directions for adequate use for the treatment of cancer or diabetes, two illnesses which a BARRETT-produced infomercial claimed Supreme Greens could prevent.
The case was investigated by the Food and Drug Administration, the Internal Revenue Service, and United States Postal Inspection Service. It was prosecuted by Assistant U.S. Attorneys Gregory F. Noonan, Gregg D. Shapiro, and James E. Arnold of Ortiz’s Health Care Fraud and Affirmative Civil Enforcement Units, with the assistance of Mark Josephs, Assistant Director, Consumer Protection Branch.