Date Rape Drug Dealer Convicted

A former police officer from New York has been convicted of selling a date rape drug online, according to a jury verdict delivered on [date].

Robert Smutek, 52, of Sleepy Hollow, New York, was found guilty of four counts of distributing and possessing with intent to distribute 1,4 butanediol, an illegal analogue of the date rape drug gamma hydroxybutyric acid, or GHB.

Smutek operated Online Coral Calcium, an Internet website that sold patent medicines. Starting in 2009, Smutek sold ‘Potion 9’ as a ‘mood enhancer’ that supposedly made users feel euphoric. However, according to the evidence presented during trial, Potion 9 actually contained 1,4 butanediol, an industrial solvent that converts to GHB in the body when ingested.

According to the indictment and trial evidence, Smutek sold over 200,000 one-ounce bottles of Potion 9 in a five-year period, reaping well over $1.2 million in revenue.

Smutek’s conviction comes after a five-day trial before U.S. District Judge Kenneth M. Karas. His sentencing is scheduled for September 8, 2016.

U.S. Attorney Preet Bharara praised the work of the Rhode Island Task Force of the Office of Criminal Investigations, Food & Drug Administration, as well as the Internal Revenue Service, Criminal Investigation Division, and the Postal Inspection Service for their assistance in the investigation.

This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Maurene Comey, Douglas Zolkind, and James McMahon are in charge of the prosecution.

Smutek’s actions demonstrate the dangers of online sales of date rape drugs. We will continue to work to protect the public from these types of crimes.