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John Buerman, Counterfeit Pesticides, Rhode Island 2009

Warwick, RI – A Rhode Island man has been sentenced to federal prison for running a sophisticated online scheme selling counterfeit pet pesticides and illegally possessing a firearm. John Buerman, 51, of Warwick, operated “CatsMart Plus” through eBay, peddling unregistered and mislabeled products falsely advertised as “Frontline” and “Frontline Plus.” The operation netted Buerman $174,172 over nearly three years before authorities shut it down.

The case began to unravel after a Los Angeles-area customer reported an adverse reaction in their cat after applying the purchased pesticide. Subsequent testing by the Environmental Protection Agency’s (EPA) National Enforcement Investigations Center (NEIC) confirmed the products contained unregistered pesticides, raising serious concerns about potential harm to animals and the environment. Investigators then made their own purchases from Buerman’s online store, further substantiating the fraudulent nature of the operation.

According to court documents, Buerman sourced the counterfeit pesticides from a global network of distributors, including suppliers in the United States, Canada, Australia, and China. From January 2007 until June 2009, when federal and state agents executed a search warrant at his Rhode Island home, Buerman completed 3,579 sales through his eBay store. He not only misrepresented the products as legitimate brands but also falsely claimed they were EPA-approved.

Firearm Violation Adds to Charges

The raid on Buerman’s home revealed more than just counterfeit pesticides. Agents also discovered a .22 caliber rifle. Due to a prior felony conviction, Buerman was legally prohibited from possessing a firearm, leading to an additional charge. He ultimately pleaded guilty to both the pesticide violations and the firearm offense.

Legal Ramifications and Sentencing

Buerman was initially charged with one count of trafficking in counterfeit goods and knowingly using a counterfeit mark (18 U.S.C. 2320), one count of knowingly distributing and selling a misbranded pesticide (7 U.S.C. 136j(a)(1)(E)), and one count of being a felon in possession of a firearm (18 U.S.C. 922(g)(1)). Each charge carried a maximum sentence of 10 years in federal prison and 3 years of supervised release. On March 1, 2011, U.S. District Court Chief Judge Mary M. Lisi sentenced Buerman to 24 months of incarceration, followed by 36 months of supervised release. No fine was imposed.

Investigation & Prosecution

The investigation was a collaborative effort between the EPA’s Criminal Investigation Division, the Warwick Police Department, and the U.S. Attorney’s Offices for both the District of Rhode Island and the Central District of California. The case was originally charged in California before being transferred to Rhode Island for prosecution.

Key Facts

  • Defendant: John Buerman, 51, of Warwick, RI
  • Operation: “CatsMart Plus” eBay store selling counterfeit pet pesticides
  • False Advertising: Products falsely marketed as “Frontline” and “Frontline Plus” with false EPA approval claims
  • Sales Volume: 3,579 sales totaling $174,172 between January 2007 and June 2009
  • Triggering Incident: Customer report of adverse reaction in a cat
  • Additional Charge: Possession of a firearm by a convicted felon
  • Sentencing: 24 months imprisonment, 36 months supervised release
  • Laws Violated: 18 U.S.C. 2320, 7 U.S.C. 136j(a)(1)(E), 18 U.S.C. 922(g)(1)

Source: EPA ECHO Enforcement Case Database

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