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'Natural male enhancement' founder gets enhanced prison sentence

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Oh, if I had never seen those obnoxious "Smiling Bob" commercials...

It's the weirdest thing; it's like we never grew out of those days when peddlers went from town to town selling one bogus potion or another. Somehow, despite regulations and laws, many of those fraudsters still manage to pull the wool over so many eyes and sell their products by the millions. Perhaps it's the promised hope that we just can't resist.

Berkeley Premium Nutraceuticals is one such company, known for making and marketing Enzyte, the so-called "once a day natural male enhancement" -- whatever that means. From the commercials it can mean anything from self confidence to bigger appendages, I guess, but it's called a sexual enhancement.

Good news, though. The founder of Berkeley, Steve Warshak, joined the infamous WorldCom's Ebbers and Enron's Skilling with his own 25-year jail sentence on Wednesday. He was convicted earlier this year on 93 counts of conspiracy, fraud and money laundering.


According to the AP, "Federal prosecutors accused the company of bilking customers out of $100 million through a series of deceptive ads, manipulated credit card transactions and refusal to accept returns or cancel orders." Berkeley Premium and other defendants were ordered to forfeit $500 million.

The judge called it a "case about greed," but I also call it a case of unbelievable naivete (and I won't say bordering what) on the part of the millions who bought into Berkeley's claims. In their defense, however, it's quite possible many thought that since drugs are regulated by the FDA, and since advertising is regulated by the FTC, then perhaps there was some truth to the Enzyte claims. Indeed, when comparing Viagra commercials to beer commercials it could be perhaps confusing to see when valid medical claims stop and fantasies begin. Maybe the regulators should be stricter, especially with nutritional supplements.

While over half a billion dollars would be forfeited, I doubt any consumers would get their money back unless they come forward. And I don't think many, if any, would. Perhaps authorities could use the money to further crack down on other such fraudsters.

If you somehow missed the "Smiling Bob" Enzyte commercials, here are a few:
Short version
Santa Bob
Bob skiing

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Last updated: November 22, 2009: 03:33 PM

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