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Case Number: 20-cr-1227
Judge: Gonzalo P. Curiel
Court: United States District Court for the Southern District of California (San Diego County)
Plaintiff's Attorney: United States District Attorney’s Office
Description: San Diego, California criminal defense lawyer represented Defendant charged with mail fraud, importation contrary to law and aggravated identity theft.
Jennings Ryan Staley, a physician who attempted to profit from the pandemic by marketing a “miracle cure” for COVID-19, pleaded guilty in federal court, admitting that he tried to smuggle hydroxychloroquine into the United States to sell in his coronavirus “treatment kits.”
Staley, the former operator of Skinny Beach Med Spas in and around San Diego, also admitted in his plea agreement that he abused his position of trust as a physician in making the extreme claims, and that he lied to the FBI when confronted about it.
The doctor pleaded guilty to one count of importation contrary to law, admitting that he worked with a Chinese supplier to try to smuggle into the United States a barrel that he believed contained over 26 pounds of hydroxychloroquine powder by mislabeling it as “yam extract.” Staley admitted that he intended to sell the hydroxychloroquine powder in capsules as part of his 2020 business venture selling the COVID-19 “treatment kits.”
In his plea agreement, Staley also admitted that he wrote a prescription for hydroxychloroquine for one of his employees and then misused the employee’s name and personal identifying information and answered questions as though he were the employee to fill the prescription, all without the employee’s knowledge or consent. Staley agreed that he engaged in this conduct in order to obtain more of the drug for his enterprise.
In late March and early April 2020, Staley marketed and sold his treatment kits to Skinny Beach customers. According to the plea agreement, he described his products—which included hydroxychloroquine—as a “one hundred percent” cure, a “magic bullet,” an “amazing weapon,” and “almost too good to be true,” and stated that the products would provide at least six weeks of immunity. Staley admitted that these statements were material to his potential customers, and that as a doctor he abused a position of public trust. An undercover agent purchased six of Staley’s treatment packs for $4,000.
Staley also admitted that he willfully impeded and sought to obstruct the federal investigation into his conduct by lying to federal agents. Specifically, he falsely denied ever claiming that his treatment packages were a “one hundred percent effective cure,” adding “that would be foolish.” Staley likewise falsely claimed that his medical practice would “absolutely” get all relevant information about each family member when sending out medications for a family treatment pack, when just a week earlier, he had dispensed a “family pack” of hydroxychloroquine, chloroquine, generic Viagra, Xanax, and azithromycin to the undercover agent without collecting any medical information from the agent or his five supposed family members.
“While healthcare workers around the world selflessly labored on the frontlines of an international pandemic, this doctor used his position of trust to cash in on COVID-19 fears,” said Acting U.S. Attorney Randy Grossman. “We are committed to protecting the American people from such scams and holding the scammers accountable.” Grossman commended the federal agents from FBI and FDA-OCI, and Assistant U.S. Attorneys Nicholas Pilchak and Jaclyn Stahl, who worked hard pursuing justice in this case. He also commended U.S. Customs and Border Protection for its assistance with the investigation.
“Dr. Staley offered a 'magic bullet' - a guaranteed cure for COVID-19 to people gripped in fear during a global pandemic,” said FBI Special Agent in Charge Suzanne Turner. “Today, Dr. Staley admitted it was all a lie as part of a scam to make a quick buck. The FBI will continue to vigorously pursue doctors who abuse their professions to defraud innocent victims with gimmicks of false hope and promises.”
“The FDA continues to work with its law enforcement partners to protect the public health by identifying, investigating and bringing to justice those who attempt to profit from the pandemic by offering and distributing COVID-19 treatments with unproven ‘miracle cure’ claims to American consumers,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office.
18:1341; 18:981(a)(1)(C), 28:2461(c) - Mail Fraud; Criminal Forfeiture
18:1341; 18:545,981(a)(1)(C),982(a)(2)(B),28:2461(c) - Mail Fraud; Criminal Forfeiture
18:545,2; 18:545,981(a)(1)(C),982(a)(2)(B),28:2461(c) - Importation Contrary to Law; Criminal Forfeiture
18:1001(a)(2); 18:545,981(a)(1)(C),982(a)(2)(B),28:2461(c) - False Statement; Criminal Forfeiture
18:1028A; 18:545,981(a)(1)(C),982(a)(2)(B),28:2461(c) - Aggravated Identity Theft; Criminal Forfeiture
Outcome: 07/16/2021 57 CONSENT TO RULE 11 PLEA before Magistrate Judge Jill L. Burkhardt by Jennings Ryan Staley. (dlg) (Entered: 07/16/2021)
07/16/2021 58 PLEA AGREEMENT as to Jennings Ryan Staley (dlg) (Entered: 07/16/2021)
07/16/2021 59 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Change of Plea Hearing as to Jennings Ryan Staley held on 7/16/2021. Defendant appeared in person on bond. Plea Tendered by Jennings Ryan Staley Guilty on count 4 of Superseding Indictment. Findings, Plea Agreement, Consent filed. Excludable(s) started as to Jennings Ryan Staley: XK 7/16/2021-10/8/2021. PSR Ordered. All pending motions withdrawn; Pending hearing dates vacated. Any objections to Findings due within 14 days. Sentence With PSR set for 10/8/2021 08:30 AM before Judge Gonzalo P. Curiel. (CD# 7/16/2021 JLB 21: 9:04-9:32). (Plaintiff Attorney Jaclyn Stahl, AUSA; Micholas Pilchak, AUSA). (Defendant Attorney Patrick Griffin, RET). (als) (Entered: 07/16/2021)
07/16/2021 60 FINDINGS AND RECOMMENDATION of the Magistrate Judge upon a Tendered Plea of Guilty as to Jennings Ryan Staley: Recommending that the district judge accept the defendant's plea of guilty. Signed by Magistrate Judge Jill L. Burkhardt on 7/16/21. (dlg) (Entered: 07/16/2021)