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Intellectual Property Rights
02/11/2014

Cape Cod man pleads guilty to trafficking counterfeit Viagra

BOSTON – A Cape Cod man pleaded guilty to four counts of trafficking in counterfeit Viagra Tuesday, following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

David Nailen, 45, of East Falmouth, is scheduled to be sentenced May 20.

Between March and October 2012, Nailen sold counterfeit drugs, which were similar or indistinguishable from Pfizer Inc.’s pharmaceutical drug Viagra. The drugs were sold on Craigslist, and in person, including to undercover HSI special agents. In October 2012, investigators executed a search warrant on his East Falmouth home and seized 3,000 counterfeit Viagra tablets.

Count one of the indictment carries a maximum statutory penalty of 10 years in prison and counts two through four of the indictment carry a maximum statutory penalty of 20 years in prison. Each count also carries a potential three years of supervised release and a $250,000 fine.

The case is being prosecuted by Assistant U.S. Attorney Amy Harman Burkart.