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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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December 2, 2013: Clinc Manager Pleads Guilty to Receiving Misbranded Botox


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Food and Drug Administration 
Office of Criminal Investigations




             U.S. Department of Justice Press Release



For Immediate Release
December 2, 2013

United States Attorney

Eastern District of Missouri

Contact: Jan Diltz

Public Information Officer

(314) 539-7719



St. Louis, MO – Thomas Greg Martin pled guilty to receiving misbranded Botox® from a foreign unlicensed drug wholesaler, some of which had counterfeit exterior packaging.


According to court documents, Martin operated Aestheticare LLC, a medical clinic which provided assorted cosmetic procedures to patients in St. Louis County, Missouri.  In March 2010, Martin received a facsimile transmission from an unlicensed drug wholesaler that offered low prices for assorted prescription drugs, including “Botox (Turkish)” for $344.99 a vial.  During this same time frame, the FDA-approved version of Botox® was sold through licensed drug wholesales at higher prices in the United States, typically $525 a vial.  From March 2010 through September 2012, Martin made over thirty separate purchases of these drugs from the unlicensed drug wholesaler.  Ultimately, Martin and others provided the illegal drugs to the clinic’s patients without informing them of the source of the drugs.  The U.S. Food and Drug Administration has recently issued a public safety alert regarding misbranded Botox®, found on the agency’s website at:  http://www.fda.gov/drugs/drugsafety/ucm349503.htm


Martin, 52, of St. Louis, pled guilty to one felony charge of receiving misbranded drugs before United States District Judge Rodney Sippel.  Sentencing has been set for  March 7, 2014.


Martin faces a maximum penalty of three years in prison and/or fines up to $250,000.  In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges. 


This case was investigated by the U.S. Food and Drug Administration, Office of Criminal Investigations.