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Joshua Fulton, Conspiracy to Defraud the United States, North Carolina 2022

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North Carolina Man Ran Lucrative Fraud Scheme

A North Carolina man has pleaded guilty to running a lucrative fraud scheme selling unapproved substances that mimic the health benefits of legal drugs, according to the U.S. Attorney’s Office for the Western District of Pennsylvania.

Joshua Fulton, 41, of Bolivia, North Carolina, pleaded guilty to one count of conspiracy to defraud the United States in federal court before United States District Judge Christy C. Wiegand.

Fulton’s businesses sold substances designed to mimic the effects of steroids, a Southeast Asian plant called kratom, and products labeled as nootropics. He made claims about the health effects that would result from their consumption, and was aware that most of his customers consumed his products as drugs.

To evade regulation by the Food and Drug Administration, Fulton and his co-conspirators included disclaimers on their websites and the parcels shipped to consumers, falsely indicating that the products were not for human consumption. They also failed to register the facility where these substances were produced and distributed with the Secretary of Health and Human Services, as required by law.

According to the U.S. Attorney’s Office, Fulton’s businesses made approximately $10.7 million in funds, which he agreed to forfeit as part of his plea agreement.

“Joshua Fulton sold SARMs (Selective Androgen Receptor Modulators) over the internet, a substance which mimics the effects of anabolic steroids, and other substances by misbranding the products in a scheme to avoid regulations by the FDA,” said Acting U.S. Attorney Kaufman. “As this case demonstrates, we are committed to prosecuting anyone who uses deceitful practices to defraud the United States.”

Fulton is scheduled to be sentenced on January 6, 2022, and faces a maximum sentence of five years in prison, a fine of $250,000, or both.

The investigation that led to Fulton’s arrest and guilty plea was conducted by the U.S. Food and Drug Administration – Office of Criminal Investigations and the Department of Homeland Security – Homeland Security Investigations.

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