HOUSTON, TX – Allen Smith, 50, of Phoenix, Arizona, was sentenced to 37 months in federal prison on February 6, 2017, for his role in a large-scale operation trafficking in counterfeit pet products. The sentence, handed down by U.S. District Judge David Hittner of the Southern District of Texas, also includes a hefty $867,150 in restitution and a $42,269 forfeiture of illicit proceeds.
Smith admitted to aiding and abetting the importation of over $1 million worth of veterinary products not intended for the U.S. market. These included popular flea and tick treatments like Frontline and Frontline Plus (manufactured by Merial Pharmaceutical Company) and Advantage and K9 Advatix (manufactured by Bayer). The scheme involved relabeling these products to falsely present them as having received the necessary approvals from the Environmental Protection Agency (EPA) for sale within the United States.
The investigation, a collaborative effort between the Food and Drug Administration – Office of Criminal Investigations (FDA-OCI), U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and the EPA, revealed that Smith knowingly deceived retail stores and consumers. By presenting the imported products as EPA-approved, he circumvented crucial safety and efficacy regulations designed to protect both animals and the public.
Federal prosecutors emphasized the seriousness of the crime, highlighting the potential dangers of using unapproved veterinary products. These products, lacking proper oversight, may contain incorrect dosages, harmful ingredients, or be entirely ineffective, posing significant health risks to pets. The counterfeit operation undermined the integrity of the pet product market and defrauded both businesses and consumers.
The case was prosecuted by Assistant Deputy Chief John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Jennifer Lowery of the Southern District of Texas, with substantial assistance from the U.S. Attorney’s Office of the Central District of California and the CCIPS Cybercrime Lab. The investigation underscored the growing threat of counterfeit goods entering the U.S. supply chain and the importance of interagency cooperation in combating such criminal activity.
Key Facts
- Defendant: Allen Smith, 50, Phoenix, Arizona
- Crime: Trafficking in counterfeit pet products with false EPA labeling
- State: Texas
- Year: 2017
- Sentence: 37 months imprisonment
- Restitution: $867,150
- Forfeiture: $42,269
- Products Involved: Frontline, Frontline Plus, Advantage, K9 Advatix
Legal Violations & Penalties
Allen Smith was convicted under Title 18 U.S. Criminal Code, specifically 18 U.S.C. 2320(a), which addresses trafficking in counterfeit labeled goods. This statute carries a maximum penalty of 10 years in prison and a fine of up to $2 million per violation. Smith’s 37-month sentence reflects the severity of his actions and the significant financial harm caused by the counterfeiting scheme. The restitution order is intended to compensate those harmed by the fraudulent operation, while the forfeiture represents the ill-gotten gains Smith derived from the criminal enterprise.
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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