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Year
2007 |
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Charges vs. man in Viagra case dropped
January 14, 2006
The federal court yesterday dismissed the case
against a travel agency employee who was charged with trafficking
4,000 tablets of fake Viagra.
U.S. District Court Chief Judge Alex R. Munson dropped the indictment
against Dai Xiao Jun after the U.S. government moved to dismiss
the case.
Munson ordered the U.S. Marshal's Office to release Dai from its
custody at the earliest possible time.
Assistant U.S. Attorney Jamie Bowers said they asked for the dismissal
because the available evidence and investigative results are no
longer sufficient to proceed to trial.
The federal court's recent ruling had left the prosecution with
no other choice, but to move for the dismissal of the case.
In that ruling, Munson found unlawful the searches conducted by
local and federal agents at the apartment of Dai in Garapan. Munson
granted the defendant's motion to suppress evidence obtained from
the second and three searches and seizures at his apartment.
But the judge determined as lawful the first search that occurred
in San Francisco, California, at a Customs and Border Protection
Mail Facility where the fake Viagra
was intercepted. Munson denied Dai's motion to suppress the evidence
taken from the first search in California.
Munson determined that the officers lacked probable cause for the
second search and that there was no probable cause to issue the
warrant.
Dai was charged with trafficking counterfeit goods. He was also
charged with possession of a controlled substance with intent to
distribute after federal agents seized from his apartment room two
pounds of marijuana.
According to court papers filed by the U.S. government, Dai transported
4,000 counterfeit tablets of the prescription drug Viagra, bearing
counterfeit manufacturer's markings.
To read more, visit: http://www.saipantribune.com/newsstory.aspx?cat=1&newsID=53959
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