Josh Long, Associate editorial director, Natural Products Insider

November 11, 2021

2 Min Read
Judge denies motion to dismiss indictment in Blackstone Labs criminal case

A judge in Fort Lauderdale, Florida last month denied a request to dismiss criminal charges in an indictment against a sports supplement company, Blackstone Labs, and its former executives.

A trial is scheduled to begin Nov. 22 and is estimated to last four weeks, according to court filings by federal prosecutors.

The defendants are charged with introducing into interstate commerce unapproved new drugs, conspiracy to distribute controlled substances, money laundering and other offenses.

Defense lawyers had argued the indictment against Blackstone Labs and others should be dismissed with prejudice due to violations of the Speedy Trial Act, which establishes limits for completing various stages of a federal criminal prosecution.

In an Oct. 19 order, U.S. District Judge William Dimitrouleas denied the defendants’ motion.

“Defendants decided not to gamble on going to trial before the government was arguably as ready as they would perhaps be later,” Dimitrouleas wrote. “Defendants’ strategy was apparently wanting to give their counsel more time to prepare a defense.”

He also rejected the notion that prosecutors acted in “bad faith.”

“[T]he Court does not find that there was a chronic failure in the government’s complying with their discovery obligations,” Dimitrouleas concluded.

Related:Supplement manufacturer requests dismissal of indictment on eve of criminal trial

The judge, in a separate order last month, denied a request by the defense to suppress evidence based on allegedly unlawful searches and seizures. Defense lawyers had argued two affidavits signed by an FDA agent misrepresented the legal status of a number of ingredients—including NAC (N-acetyl-L-cysteine)—that Blackstone Labs marketed in its products.

Dimitrouleas ruled the motion was untimely and added, “Nevertheless, the court again finds that affidavits contain sufficient probable cause, without the challenged statements.”

Several defendants charged in the 14-count indictment unsealed in March 2019 have pleaded guilty, are cooperating with the government and may testify at trial, court filings show. Prosecutors last month filed an unopposed motion to reschedule sentencing for Ventech Labs LLC, which manufactured supplements for Blackstone Labs, and its owner Anthony Ventrella.

“Ventrella is required under his plea agreement … to cooperate with the government and is an anticipated government trial witness,” U.S. Department of Justice attorney David Frank wrote in an Oct. 12 motion.

Frank requested sentencing for Ventrella and Ventech Labs be rescheduled from Nov. 29 until January 2022.

Similarly, prosecutors have requested Dimitrouleas reschedule sentencings for other cooperating witnesses, including former Blackstone Labs employee David Winsauer and Robert DiMaggio. According to the indictment, DiMaggio helped start Blackstone Labs.

Testimony by the cooperating witnesses could be damning in the upcoming trial against Blackstone Labs’ co-founders Aaron Singerman and Phillip Braun. Defendant James Boccuzzi, who was the supplement company’s lead salesman, also is set to go the trial.

DOJ and defense lawyers have not commented on the case in response to previous requests by Natural Products Insider.

About the Author(s)

Josh Long

Associate editorial director, Natural Products Insider, Informa Markets Health and Nutrition

Josh Long directs the online news, feature and op-ed coverage at Natural Products Insider, which targets the health and wellness industry. He has been reporting on developments in the dietary supplement industry for over a decade, with a focus on regulatory issues, including at the Food and Drug Administration.

He has moderated and/or presented at industry trade shows, including SupplySide East, SupplySide West, Natural Products Expo West, NBJ Summit and the annual Dietary Supplement Regulatory Summit.

Connect with Josh on LinkedIn and ping him with story ideas at [email protected]

Education and previous experience

Josh majored in journalism and graduated from Arizona State University the same year "Jake the Snake" Plummer led the Sun Devils to the Rose Bowl against the Ohio State Buckeyes. He also holds a J.D. from the University of Wyoming College of Law, was admitted in 2008 to practice law in the state of Colorado and spent a year clerking for a state district court judge.

Over more than a quarter century, he’s written on various topics for newspapers and business-to-business publications – from the Yavapai in Arizona and a controversial plan for a nuclear-waste incinerator in Idaho to nuanced issues, including FDA enforcement of the Dietary Supplement Health and Education Act of 1994 (DSHEA).

Since the late 1990s, his articles have been published in a variety of media, including but not limited to, the Cape Cod Times (in Massachusetts), Sedona Red Rock News (in Arizona), Denver Post (in Colorado), Casper Star-Tribune (in Wyoming), now-defunct Jackson Hole Guide (in Wyoming), Colorado Lawyer (published by the Colorado Bar Association) and Nutrition Business Journal.

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