Former operator and owner of College Pharmacy in Colorado Springs and licensed pharmacist, Thomas Bader, was convicted in a federal court in Denver last week on thirty-one counts related to the distribution and importation of anabolic steroids and human growth hormone manufactured in China. The conviction was announced by United States Attorney David M. Gaouette, concluding the trial against the pharmacist that began on January 4, 2010. The jury deliberated the case for three days and found Bader guilty of two counts of conspiracy and twenty-seven counts of distribution of human growth hormones.

Evidence presented
At the trial, evidence was presented showing that Bader used the College Pharmacy to receive human growth hormone that had been smuggled into the US from China and distributed these, as well as anabolic steroids (testosterone), to customers from around the country. Evidence was further established that the anabolic steroids often went to bodybuilders without a legitimate prescription from a physician, thereby making these transactions illegal. The jury disagreed with Bader in his contention that the illegal drugs he distributed were not subject to FDA approval due to the lax restrictions on particular compounded drugs. Bader managed to distribute the illegal drugs to physicians in Florida, Illinois, Indiana and Georgia between April 2004 and February 2007.

Two counts of conspiracy
Bader was found guilty of two counts of conspiracy; one of these counts stated that Bader (and company) conspired to facilitate the sale and distribution of misbranded human growth hormone made in China, which was not approved by the Food and Drug Administration, and with the knowledge that the importation of the drugs was in violation of the law in the United States. The other count stated that Bader engaged in a conspiracy “to manufacture, distribute, dispense and possess with intent to distribute anabolic steroids.”

Twenty-seven counts of HGH distribution
Of the twenty-seven counts charged against Bader for the distribution of human growth hormones, twenty-three of these charges were about the human growth hormones distributed by Bader went to minors. The jury also found Bader guilty of one count of the facilitation of the sale of smuggled human growth hormone as well as guilty of one count of possession with intent to distribute HGH. Bader was found ‘not guilty’ of the charge against him that he received smuggled goods directly.

Assets forfeited
In addition to the verdict, the jury also found it right that the state should forfeit Bader’s assets, including the 4.8 million land where his pharmacy is located (at 3505 Austin Bluffs Parkway, Colorado Springs).

Sentence hearing
After all the verdicts have been returned, U.S. District Judge Marcia Krieger increased the bond for Bader and scheduled a hearing for his sentencing, which was to be held at 1:00 p.m. on April 29, 2010. The case was prosecuted by the Assistant United States Attorneys Gregory Rhodes and Jaime Peña and was investigated by the Office of Criminal Investigations of the Food and Drug Administration. Gregory Rhodes is the deputy chief of Organized Crime Drug Enforcement Task Force while Jaime Peña is the health care and fraud coordinator at the U.S. Attorney’s Office.