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February 25, 2013Houston, TX, United StatesIntellectual Property Rights and Commercial Fraud

Missouri man arrested for trafficking counterfeit pharmaceuticals

HOUSTON — A Missouri man was arrested Monday following his federal indictment in Houston for trafficking in counterfeit Viagra® and Cialis®, introducing and delivering misbranded drugs into interstate commerce, smuggling and conspiracy.

This arrest was announced by U.S. Attorney Kenneth Magidson, Southern District of Texas.

This investigation was conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), and the U.S. Food and Drug Administration (FDA).

Timothy Ross Estabrook, 52, was indicted under seal in Houston Feb. 13. The indictment was unsealed Feb. 20 after he made an initial appearance in Kansas City, Mo. He was arrested at his home in Lake Waukomis, Mo., Feb. 25. He was released on bond and is scheduled to appear in Houston to answer the charges March 14.

Estabrook allegedly smuggled counterfeit Viagra® and counterfeit Cialis® into the U.S. from China. The indictment alleges he shipped the drugs from Missouri to Texas in partnership with a co-conspirator in China. Estabrook also allegedly conspired to purchase Tadalafil and Sildenafil, the active ingredients in Viagra® and Cialis®, from a co-conspirator in China.

If convicted, he faces up to 10 years in prison and a maximum $2 million fine for trafficking in counterfeit goods; and he faces up to 20 years and a $250,000 fine for smuggling. If convicted of conspiracy charge, he further faces a sentence of up to five years in federal prison and a $250,000 fine, and up to three years and a $10,000 fine for introducing misbranded drugs into interstate commerce.

Assistant U.S. Attorney Julie Redlinger, Southern District of Texas, is prosecuting this case.

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