Unfortunately, the December 13, 2017 Update to the above filing is that the motion was DENIED, and the judge says that Hi-Tech needs to take their arguments to the 11th circuit in an appeal. That’s exactly what they’re doing, as Hi-Tech has already filed their DMAA lawsuit appeal to said 11th circuit!
Meanwhile, Hi-Tech is appealing this motion’s denial to the district judge, and expects a court appearance and decision in mid-January 2018.
Besides their appeal on the denial of their motion, the *formal* DMAA lawsuit appeal linked above marks the final stand for the ingredient. The FDA has not yet formally banned the geranium-based compound (like they did with ephedrine), but we expect all DMAA supplements to go out of stock. Stay tuned to this blog as we evaluate the next generation of stimulants post-DMAA/DMHA, and stay tuned to our DMAA lawsuit article linked above for updates on the ongoing appeal efforts.
The rumors are indeed true.
“This is the law at its worst, pal”.
— Jared Wheat
On October 5th, 2017, Hi-Tech Pharmaceuticals was raided and Jared Wheat was arrested. The charges were brought forth due to falsification of GMP paperwork from 2011/2012 over the supplement Choledrene, which is a red yeast rice supplement!
The indictments claim that the supplement contained Lovastatin, which is a constituent of red yeast rice!! However, it’s also a drug that the FDA does not like being sold as a supplement.
While the indictments do not mention DMAA a single time, the Choledrene situation was seemingly used as a method to get to Mr. Wheat, who was ordered to stop selling or manufacturing DMAA in order to get bonded out of prison.
Our followers on social media can see the documents below:
See the Documents (Updated with the actual warrant!)
By claiming that the sales of Choledrene constituted ill-gotten gains, the IRS is adding on “wire fraud” / “money laundering” charges to the case, since Wheat moved some cash from Choledrene sales between accounts in order to buy his Pennsylvania manufacturing facility.
Watch CJ’s video on the YouTube channel to listen along
Was this an end-around?
While we cannot comment on what happened with Choledrene — Wheat has professed innocence in this matter — it seems like this was merely used to “get a foot in the door” in order to get Wheat to stop manufacturing DMAA.
The fact that FDA mentions DMAA zero times in its indictment, but then forced him to stop selling it in order to get out of jail, is an extremely questionable tactic. Granted, we expect no less in such a street fight that the FDA and Hi-Tech are currently engaged in. On our phone call, Wheat likened this to using brass knuckles and bringing in extra friends in a backyard fight.
The FDA likely cannot win their DMAA case on its own merits
“This case is weaker than dishwater”
— Jared Wheat
Our opinion: Given that this much work had to be done to get Hi-Tech to stop selling DMAA — which Wheat was not arrested or indicted for — it’s becoming quite clear that the FDA has no case, especially given that DMAA is a natural constituent of geranium as proven by several studies (including ones where the researchers covered up the truth).
If you need to dig up a paperwork charge from 2011 (whether it’s true or not) to get someone into prison and then get them to agree to stop manufacturing a completely unrelated product, then you might not have a winning case. This is what you can expect when you take on city hall.
As such, Jared Wheat has stated that “this case is weaker than dishwater” and that it’s only pissed him off, and he has only begun to fight.
An arrest at SupplySide West?
Additionally, there are rumors of arrests of Chinese citizens made at SupplySide West in Las Vegas last week, which may have been the first domino to drop. It’s unconfirmed how related this is.
Prohormones also added – this could be the hardest part
For good measure, the second indictment PDF also throws in the sale of prohormones as schedule III substances, even though they are DHEA metabolites. The issue here is that the DASCA law is far-reaching and run by the DEA. They can change nearly anything to be a “steroid” in the law’s eyes, and this may be the hardest part of this case.
Stay tuned to us on social media and subscribe to us on YouTube because there’s clearly a lot more that’s going to happen here.
November 15, 2017 Update
On November 11, Hi-Tech filed a motion to amend the terms agreed to in this indictment (ie. they’re fighting to get the wrongfully-confiscated DMAA back).
Their motion to amend tells the full story, and it’s actually a lot scarier (and sadder) than originally depicted in this post, detailing the crime-like activity the FDA is willing to go through to get what they want.
We hate to say it, but this might be a good time to load up on your favorite DMAA supplements, like APS Mesomorph below:
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