Source: United States Department of Justice
Thao Duong of Garland, Texas, pleaded guilty today for conspiring to smuggle and sell unregistered pesticides and misbranded veterinary drugs. Duong’s husband, Lam Mai, also pleaded guilty for conspiring to sell unregistered pesticides and misbranded veterinary drugs. The couple operated a website selling those drugs and pesticides, which had been smuggled into the United State from Mexico. They are scheduled to be sentenced on June 9.
“Stopping transborder crime is a top priority for the Department of Justice,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “We will continue to investigate and prosecute those who flout our customs laws and endanger the health and safety of Americans.”
“No one should profit from bringing illegal chemicals into the United States and poisoning American communities,” said Assistant Administrator Jeffrey A. Hall for EPA’s Office of Enforcement and Compliance Assurance. “Illegal Mexican pesticides and animal steroids are a toxic combination. The guilty plea in this case underscores the importance of the cooperative efforts of federal, state, and local agencies to disrupt smuggling operations and secure our nation’s borders from foreign harm.”
“This case highlights the need to protect unwitting consumers from dangerous, misbranded products smuggled in from foreign sources at the expense of the health and safety of our citizens,” said U.S. Attorney Ryan Raybould for the Northern District of Texas. “We applaud the diligent work of our law enforcement partners to interrupt these illegal practices and punish those who commit them.”
“Smuggling prohibited and misbranded products into the United States, and then selling them to unsuspecting consumers, greatly endangers public health,” said Acting Special Agent in Charge Jonathan Lamb of the Food and Drug Administration (FDA) Office of Criminal Investigations, Kansas City Field Office. “The FDA will continue working with our federal government partners to bring to justice anyone who carries out these illegal actions.”
According to filings and evidence presented in court, in approximately 2011, Duong began using various online platforms to sell animal care products to customers throughout the United States. The products she sold were used primarily by people engaged in rooster fighting ventures. Duong was not a veterinarian and did not require customers to provide veterinary prescriptions to purchase veterinary drugs. She also sold products such as Cipio Vet, Baytril Max, and Caterrol, which are produced in Mexico and not approved by the FDA for use in the United States. In 2017, she added the pesticides Taktic and Bovitraz to her inventory. Taktic and Bovitraz are not registered with the EPA for sale or use and cannot be sold legally in the United States.
In 2018, Duong started a website which she used as her primary means of selling and distributing veterinary drugs and pesticides. After launching the website, Duong entered into agreements with several co-conspirators to purchase veterinary drugs and pesticides that she knew had been smuggled into the United States from Mexico.
The smuggled pesticides and veterinary drugs were brought into the United States through the Calexico Port of Entry in Imperial County, California, and placed in storage units near the border. Duong’s co-conspirators then shipped the products from California to Texas. Between 2018 and 2022, Duong obtained approximately $2.4 million worth of smuggled merchandise from her co-conspirators.
Lam Mai was the shipping manager for the website. After orders were received he packaged the pesticides and veterinary drugs and distributed them to customers throughout the country using the United States Postal Service and other shippers.
According to the EPA, the active ingredient in the pesticides Taktic and Bovitraz is amitraz, which is toxic to bees if released into hives, and then ultimately to humans when it ends up in honey, honeycomb, and beeswax. Misuse of amitraz-containing products in beehives can result in exposures that could cause neurological effects and possibly reproductive effects in humans from the consumption of contaminated honey. Signs of neurotoxicity from exposure to amitraz have been documented in multiple animal species and include central nervous system depression, decrease in pulse rate, and hypothermia.
The EPA and FDA investigated the case, with assistance from Homeland Security Investigations and the United State Postal Inspection Service.
Trial Attorney Lauren D. Steele of ENRD’s Environmental Crimes Section is handling the prosecution with assistance from Assistant U.S. Attorney Vincent J. Mazzurco for the Northern District of Texas.