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John Martin, Mail Fraud and Misbranding, South Dakota 2011

Spearfish Man Guilty of Mail Fraud and Misbranding of a Drug

John Martin, age 74, of Spearfish, South Dakota, has pleaded guilty to mail fraud and misbranding of a drug, announced U.S. Attorney Brendan V. Johnson.

Between February 27, 2007 and December 31, 2011, Martin instructed individuals to send him money and samples of blood, saliva, and hair so he could test the samples for cancer, despite not being a licensed physician.

Martin also directed a person to take herbal supplement pills as a treatment for cancer in April 2011.

The investigation, led by the U.S. Postal Inspection Service, the U.S. Food and Drug Administration-Office of Criminal Investigations, the South Dakota Division of Criminal Investigation, the Spearfish Police Department, the Belle Fourche Police Department, and the Butte County Sheriff’s Office, has resulted in Martin’s guilty plea.

Assistant U.S. Attorney Eric Kelderman is prosecuting the case, which carries a maximum penalty of 20 years’ imprisonment and/or a $250,000 fine upon conviction.

A presentence investigation has been ordered, and a sentencing date will be scheduled. Martin was released on bond pending sentencing.

The investigation and prosecution of Martin’s actions serves as a reminder of the importance of seeking medical advice from licensed professionals and the consequences of engaging in fraudulent activities.

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