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A married couple has pled guilty in federal court to selling fake medical devices over the Internet

FDA approval for medical devices distributed to the public - who needs it? This couple decided it wasn't necessary, and now they are paying the price.

If you found out about a medical device called “Energy Wave” that could reportedly treat anything from abdominal pain, diabetes, stroke, ulcers, AIDS and cancer – only available on the Internet – would you buy it?

How about if it (obviously) wasn’t even FDA approved?

Well some people did.

A married couple that sold this device for $1,200 to $1,500 each and ended up bring in $271,000 in profits, according to the U.S. Attorney’s Office in San Diego.

Times of San Diego reported that David Perez, 60, and his 55-year-old wife, Sandra, sold this product that consists of “a micro-current frequency generator with a digital readout, two stainless steel cylinders and two applicator plates.”

The couple, from Carlsbad, Calif. now lives in Oregon, but in federal court on Tuesday they pled guilty to the charges they now face.

In his plea agreement, David Perez acknowledged that he intended to defraud and mislead the U.S. Food and Drug Administration by attempting to evade the agency’s oversight of medical claims regarding the device.

Sandra Perez, for her part, admitted furthering her husband’s scheme by shipping the unapproved devices and depositing the funds necessary to pay the manufacturer of the devices, David Arthur.

U.S. Magistrate Judge William Gallo ordered Sandra Perez to serve one year of probation, perform 100 hours of community service and pay restitution of $1,495 to one purchaser of the device.

“I believe you had to know at some level that this was junk science,” Gallo told her during Tuesday’s court hearing.

David Perez won’t be sentenced until January, but he could face three years in prison and a $250,000 fine. Arthur, the manufacturer, pled guilty and is also awaiting sentencing.

Photo: Flickr user Alex Proimos

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