He was sentenced to 18 months in federal prison
CEDAR RAPIDS — A Sioux City man has been sentenced for the second time to federal prison for selling unapproved erectile dysfunction drugs he received from overseas.
David Kempema, 61, announced 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 the men’s restrooms of businesses along the Interstate 29 corridor, according to court documents.
The ads listed the pills as male enhancement “dietary supplements” called “Supermale” and “All Natural Male,” according to a plea agreement and sentencing papers.
Kempema pleaded guilty in October to introducing mislabeled drugs into interstate commerce with intent to defraud.
During the scheme, Kempema obtained or attempted to obtain at least 4,059 pills to resell, according to court documents. When questioned by an FDA official, Kempema admitted that 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 mislabeled drugs into interstate commerce in 2011. According to this plea agreement, Kempema, between October 2009 and July 2011, ordered pills from India containing the same active ingredients as Viagra and Cialis. In this scheme, he sold the unapproved pills as Viagra and Cialis.
In February 2012, Kempema was sentenced to 60 days in prison and one year of probation.
On Tuesday, U.S. District Chief Judge Leonard T. Strand sentenced Kempema to 18 months in prison. He was also ordered to serve a year of probation after his prison sentence.
“People who sell mislabeled drugs obtained overseas take advantage of American consumers while exposing those same consumers to the risk of side effects from those drugs,” Acting U.S. Attorney Timothy Duax said in a statement. “For the second time, David Kempema has put the lives of others on the line because of his 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 US Attorney Kyndra Lundquist and was investigated by the FDA’s Office of Criminal Investigations.
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