01/22/2025 | Press release | Distributed by Public on 01/23/2025 12:53
Danielle R. Sassoon, the United States Attorney for the Southern District of New York, announced the unsealing of a Complaint charging JOEY GRANT LUTHER with wire fraud, smuggling, and other crimes related to misbranded and counterfeit drugs. As alleged in the Complaint, from in or about April 2023 through at least in or about July 2024, LUTHER shipped counterfeit drugs, including counterfeit Botox, from countries in Asia, including China, and injected them, without the required license, into his clients at his medical spa, JGL Aesthetics. None of the counterfeit Botox that LUTHER injected was approved for sale or dispensing in the U.S. by the FDA. LUTHER was arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah L. Cave.
U.S. Attorney Danielle R. Sassoon said: "As alleged, Joey Grant Luther, who does not possess the licensing required by New York State to perform injections of Botox, knowingly purchased counterfeit Botox from China, injected it into his clients, and represented that the counterfeit Botox that he was peddling was genuine. Luther continued to purchase and inject the counterfeit Botox even after he learned that clients had fallen ill or experienced strange symptoms after Luther injected them. Luther's disregard for the health of his clients put all of his victims in harm's way and, in some cases, caused life-threating injuries. Luther will now face criminal charges for this conduct."
As alleged in the Complaint:[1]
From at least in or about January 2021 through at least in or about July 2024, LUTHER ran a medical spa called JGL Aesthetics in the Hell's Kitchen neighborhood of Manhattan. In or about September 2021, an individual ("Victim-1") went to JGL Aesthetics to receive Botox treatments to treat excessive sweating as well as fine lines on her face. Victim-1 learned that LUTHER performed Botox injections from a friend. Between in or about September 2021 and in or about February 2024, LUTHER injected counterfeit drugs labeled as Botox® 150 Units manufactured by Allergan into Victim-1's armpit, forehead, and face on approximately eight occasions. Victim-1 never provided LUTHER with a prescription to receive Botox injections.
On or about February 27, 2024, LUTHER injected Counterfeit Botox into Victim-1's armpits and eyebrow area at JGL Aesthetics. Approximately three days after Victim-1's February 27, 2024, visit to JGL Aesthetics, Victim-1 began experiencing double vision, light headedness, difficulty swallowing and chewing, heart palpitations, and slurring of speech. Victim-1 also could not lift her arms and experienced weakness from the waist up. Victim-1 went to three hospitals to seek medical assistance for these symptoms. On or about March 20, 2024, Victim-1 was diagnosed with Botulism toxin.
From between in or about April 2023 and in or about January 2024, U.S. Customs and Border Patrol ("CBP") seized parcels intended for JGL Aesthetics, including one which lists a return address in Hong Kong. These parcels contained significant quantities of counterfeit drugs, including Counterfeit Botox. Below is a photo of the contents of the parcel-including the exterior of cartons of Counterfeit Botox.
From at least in or about March 2024 through at least in or about April 2024, during which time LUTHER negotiated an additional purchase of Counterfeit Botox from one of his suppliers, multiple individuals who received injections of Counterfeit Botox from LUTHER messaged LUTHER about the negative side effects from the injections, including lazy eyes, double vision, and drooping eyelids. In response to these complaints, LUTHER typically assured his clients that the side effects were temporary, represented that he was unaware that counterfeit Botox had been found circulating in the U.S., and assured clients that the Counterfeit Botox was from Allergan, the veritable maker. As alleged, LUTHER was well aware that the Counterfeit Botox was, in fact, counterfeit.
Neither CBP's seizure of packages intended for LUTHER, the defendant, nor his clients informing LUTHER of injuries related to his injecting Counterfeit Botox stopped LUTHER from continuing to procure the Counterfeit Botox and injecting it into his clients. Between March 13, 2024-the date that Victim-1 contacted LUTHER about the injections of Counterfeit Botox-and October 2, 2024-after law enforcement officers and special agents executed a search warrant of JGL Aesthetics, JGL Aesthetics had at least approximately 700 appointments logged in its client and service management application that were coded with having provided Botox-related services. Data contained in the client and services management application also revealed that JGL Aesthetics provided Botox-related services as early as January 2021.
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LUTHER, 54, of New York, New York, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison; one count of dispensing of a misbranded drug while held for sale, which carries a maximum sentence of one year in prison; one count of holding counterfeit drugs for sale and for dispensing, which carries a maximum sentence of 10 years in prison; one count of receiving misbranded drugs in interstate commerce and delivery or proffered delivery thereof, which carries a maximum sentence of three years in prison; and one count of smuggling, which carries a maximum sentence of 20 years in prison.
The minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Ms. Sassoon praised the outstanding investigative work of the Food and Drug Administration Office of Criminal Investigations, the Federal Bureau of Investigation, the CBP - New York Field Office, and the Special Agents and Task Force Officers assigned to the U.S. Attorney's Office for the Southern District of New York.
This case is being handled by the Office's Narcotics Unit. Assistant U.S. Attorney Brandon C. Thompson is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation.