The manufacturer of a phony medical device which was promised to relieve symptoms of AIDS, cancer, diabetes and worm infections has been sentenced to 18 months in federal prison.
David Arthur, 50, of Huntington Beach, sold hundreds of his “Energy Wave” devices on the Internet for $750 each.
He was ordered to forfeit $30,000 and fined $3,000.
U.S. District Court Judge Roger Benitez in San Diego ruled Oct. 5 that he could remain free on bond until mid-November. Two other people who sold the devices await sentencing.
The bogus device contained two stainless steel cylinders with “personal application plates” that connected to ports on a micro-current frequency generator. Users could punch in digital codes for the condition to be treated before application and placed the plates on their bodies for a recommended amount of time.
Arthur pleaded guilty to introducing an unapproved medical device into interstate commerce and could have received three years in prison.
Arthur was warned by agents from the Food and Drug Administration in 2010 that the devices he was manufacturing were not approved by the FDA and could not be marketed. His company was convicted of selling unapproved medical devices and fined $150,000 in 2011.
Arthur stopped making the devices for a while, but resumed manufacturing them in November 2011 with the new name of “The Energy Wave.” He sold the device to a Carlsbad couple who increased the price and shipped the devices.
David Perez, 60, of Carlsbad, pleaded guilty Sept. 15 to conspiracy and his wife, Sandra Perez, 55, pleaded guilty to a misdemeanor charge of selling an unapproved medical device. Beth Campbell, of Salt Lake City, pleaded guilty to marketing the devices online and will be sentenced Nov. 2.
Assistant U.S. Attorney Melanie Pierson said Friday she asked Benitez for a 12-month sentence for Arthur and the judge imposed 18 months, saying more time was needed to deter others from this type of conduct.
“People who are desperate will try anything,” said Pierson, adding that people in pain often ordered the devices.
“Those who are sick and desperate for relief are particularly vulnerable to scams, and we are doing our best to protect them from people who exploit the weak for their own financial gain,” said U.S. Attorney Laura Duffy.
David Perez will be sentenced Jan. 11, 2016, and is free on bond. His wife was ordered to perform 100 hours of community service with a fine.
