Palumo Goes To Prison!

[satchboogie]

Weightlifter Sentenced For Selling Fake HGH
Palumbo Bought Counterfeit Drug From San Diego-Based Distribution Ring

POSTED: 11:25 am PST December 20, 2004
UPDATED: 11:31 am PST December 20, 2004

SAN DIEGO -- A professional body builder who sold fake human growth hormone has been sentenced to five months in federal prison and five months of house arrest.

Dave Palumbo, of Long Island, N.Y., bought the counterfeit serostim from a San Diego-based distribution ring. Four other men, including a father and son from National City, have pleaded guilty.

Palumbo pleaded guilty in San Diego federal court in October to illegally selling 90 boxes of the fake hormone for about $63,000.

His lawyer argued in court Friday that the weightlifter and editor of RxMuscle magazine thought he was dealing with the real thing and injected some of the concoction himself.

Prosecutors say Palumbo appeared on national television as an expert on counterfeit hormone and should have known the difference between the real and fake versions of serostim, a hormone approved for use by underweight AIDS patients.

The fake serostim was made by an Oregon company for Ronald Nollett Sr. and Roland Nollett Jr., of National City.

 

[geoboy]

I don't get it.

Why is the lawyer trying to say he thought it was legit hgh? if it was, wouldnt that be just as bad if not worse (drug penalties vs fraud penalties)?

 

[Excidium28]

Woohoo oregon, did you know we have the best weed

 

[geoboy]

I don't get it.

Why is the lawyer trying to say he thought it was legit hgh? if it was, wouldnt that be just as bad if not worse (drug penalties vs fraud penalties)?

I think I can answer my own question.

1) fraud requires intent. if he could prove (convince a jury) he honestly believed it was legit, there would be no fraud.

2) since it WAS in fact fake hgh, drug laws would (probably?) not apply.

so he would skate on both possible counts.

 

[got2getripped]

Well if he knowingly was selling fake stuff, I'm glad he got busted. Which I bet he knew the whole time, just trying to make some dough I bet.

 

[Indy]

I think I can answer my own question.

1) fraud requires intent. if he could prove (convince a jury) he honestly believed it was legit, there would be no fraud.

2) since it WAS in fact fake hgh, drug laws would (probably?) not apply.

so he would skate on both possible counts.

Drug charges can still apply since the dummy is saying he "thought" it was real, that's all that has to be proved, and he is admitting to that. Although in many cases since it is actually not real the drug charge will be ATTEMPTED sale or distribution, or what have you. None the less he should have plead the 5th

 

[INNOCENT]

yep, thats the sad part...knowing that he is selling fake shit.. i guess he got what was coming around...but still feel bad for him going to the pen

 

[kahbab]

Woohoo oregon, did you know we have the best weed

head down south a little ways and try some of that humbolt county bud....

 

[liquidmuscle]

do you think they will be that harsh on him?

 

[billy3]

D didnt even touch the stuff, never even saw it, therfore had no idea about it being fake.