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At the casino cage, wads of cash in hand.
The security camera captures a real player, a
larger-than-life gambler, a familiar face at World
Poker tournaments in Las Vegas.
Day one chip leader Lazaro Hernandez is once again
setting the pace.
With posts from luxury boats and private planes,
Lazaro Hernandez fashioned himself as a
high-flying high roller.
Turns out he was the mastermind of a $230
million drug counterfeiting operation,
and he was gambling with people's lives.
These thousands of bottles were all
originally prescribed and filled for patients.
Now they fill an evidence room at Gilead Sciences in
Northern California.
Every single bottle was discovered in a complex
criminal drug diversion scheme.
We are playing a bit of a game of whack-a-mole.
Lori Mayall fights to find the counterfeits every
day. She oversees global product security at
Gilead, which manufactures HIV
medications Biktarvy and Descovy, drugs at the
center of Hernandez's fraud.
We know that upward to 80,000 of bottles of
counterfeits were entered into the supply chain.
And what would those be worth if someone was
paying full retail price?
Those bottles would be about $230 million.
Here's how drug diversion works: a patient fills a
prescription for a medication worth several
thousand dollars, but turns around and sells it
for a fraction of that in cash.
The buyer, known as an aggregator, removes the
patient information, alters the bottle, then
sells it to a wholesale distributor who sells it
back to the pharmacy at a discount, so the same
bottle reenters the supply chain.
It's part of a massive, illegitimate drug industry
the World Health Organization estimates at
as much as $431 billion annually around the world.
Not only a financial threat, but one with
serious health consequences, too.
Tell me all the ways that a drug that Gilead
manufactures could be counterfeit.
You could have an original bottle with wrong tablets
inside that's resealed to make it look like a
genuine Gilead product.
That's a counterfeit.
You can have a cap that is not a genuine Gilead
cap on a bottle.
That's a counterfeit.
The label itself could be a copy and not coming from
our line.
Gilead first learned it had a serious problem in
2020 when reports came in of Biktarvy bottles filled
with an anti-psychotic drug called Seroquel.
That raised immediate alarms that something was
amiss and we mobilized a team to launch an
extensive investigation to try to understand what
was happening.
What they found involved a slew of counterfeits.
This bottle doesn't even contain pills, just rocks.
Why do you think somebody would try to pass this off
as a real bottle of prescription medicine?
All they need to do is make the sale.
And this man, let's call him Julio, who agreed to
an interview if we concealed his identity,
said it was easy to persuade patients to sell
their bottles.
The had AIDS, cancer, and they don't have any money.
So for $100, $200, they'll sell it every day.
So they'll forgo the medication.
They won't take the medication.
They won't take the medication.
Julio says he got rich, even as a mid-level
middleman, in a hustle that billed millions to
Medicare for counterfeit medications.
What are the most lucrative drugs to resell?
Truvada.
Seroquel.
He says he processed the pill bottles himself.
How many bottles of pills would you have to have to
fill a box?
I'm going to say 300.
And then how many boxes would you sell to the
wholesaler?
In a week, 1,500.
The fraud achieved size and national scale because
licensed distributors buy from aggregators like
Julio, sell to the pharmacies and give the
whole process the sheen of legitimacy.
How troubled are you by the licensed distributors?
Very troubled.
They're a critical cog in the scheme.
Most pharmacies are unlikely to purchase from
the fly-by-night entities that didn't exist a year
ago or 30 days ago and are now offering large
amounts of medication for them to purchase.
And the distributors have relationships with
thousands of independent pharmacies across the
nation. Is there ever a deal to be had on HIV
medication?
Gilead sells all of its medicine to our authorized
distributors at one price .
So there's no deals to be made.
Is it possible that one bottle of legitimate
prescription medication gets billed and rebilled
over and over again to Medicare?
Yes. One bottle can be billed two, maybe three
times.
Stephen Mahmood is assistant special agent in
charge at Health and Human Services Office of
Inspector General.
He leads investigations into Medicare fraud.
The pharmacies that are on the receiving end of
these diverted prescriptions, do they
know?
Some do, some don't.
They're the kinds of drugs that the government pays a
lot of money for people to receive.
Right, yes. Medicare pays out to pharmacies a lot of
money for these drugs because they are expensive
and life-sustaining.
It drives up the government's health care
costs and adds to the more than $100 billion in
waste, theft and abuse that taxpayers pay for
annually. Investigators have watched the crime in
progress. This hidden camera video has never
been seen in public.
Shot by an undercover informant, it shows a
woman, her husband and son cleaning prescription
pill bottles in a South Florida apartment.
The individual in the white shirt in the middle,
you can see what appears to be lighter fluid.
He's using that lighter fluid, a harsh chemical,
to clean the bottle and remove the pharmacy
prescription label.
That would have had the name of the patient.
It would have had the name of the patient on it.
Because obviously no one is going to sell a drug
with someone else's name on it.
And they're cleaning it to make it look new again.
It's a mom-and-pop operation.
Often, it shows.
So here is an example of a patient leaflet that was
attached to a counterfeit Biktarvy bottle that we
seized from one of the wholesalers.
And you can see it's a very horrible copy.
It's falling apart.
But in other words, if a patient were to get a
bottle and have a patient leaflet like this, that
would be a warning sign that something's wrong.
Absolutely. It would be a warning sign and a patient
should never receive a leaflet in this type of
condition.
Though the companies lose money on every bottle that
gets reintroduced in the system, they say their top
concern is safety.
Johnson and Johnson, whose HIV drug Symtuza was
targeted, said in a statement it's found "HIV
medication bottles filled with a different product
or bearing false or adulterated packaging,
labeling or instructional inserts." The company
insists "Counterfeiting of life-saving medicines
is a criminal act that puts patient lives at
risk." Cancer patients cut their dosing in
exchange for cash.
Hiv patients get paid but go without.
Their viral load can increase, which makes it
more likely to spread HIV to others.
The pharmaceutical companies are serious
about disrupting the drug diversion.
Gilead Sciences and Johnson and Johnson have
sued distributors and pharmacies throughout the
country. Their investigations and
litigation are still unfolding.
These three were convicted in connection
with the prescription drug counterfeiting
operation. Julio served time behind bars for his
pill diversion scheme, and insists his
counterfeiting days are behind him.
And the big-time poker player?
Lazaro Hernandez's jet-setting days ended
abruptly this year.
He was convicted in that $230 million drug
counterfeiting operation.
An attorney for Hernandez argued in court his
"gambling addiction" was a "driving force behind
his participation in the criminal conspiracy." And
said Hernandez regularly took "large quantities of
cash obtained from his sales of diverted drugs"
to casinos.
He pled guilty to conspiracy charges related
to distributing adulterated and misbranded
drugs and money laundering.
He is serving a 15-year prison sentence.
And the critical cog in these schemes, the
distributors?
None have been criminally charged, though the CEO of
Scripts Wholesale was indicted in June for
buying more than $150 million of "illegally
diverted prescription HIV medication" and reselling
it to pharmacies.
He pled not guilty.
His attorney declined to comment.
Today, federal authorities say they are
actively investigating other major drug
counterfeiters. In October, prosecutors
charged New York pharmacy owners with a $20 million
scheme to buy and sell HIV medications on the
black market and pay illegal kickbacks.
Then, fraudulently bill Medicare, Medicaid and
private insurance companies. The proceeds
allegedly went for lavish purchases, like this
Mercedes Maybach.
Drug diversion is widespread and it impacts
the entire country.
I'm saddened and disheartened that the
schemes cross the entire United States and the
territories, but I'm not surprised.
Fraud is always evolving.