The last person connected to sales and promotion of unapproved “Energy Wave” medical devices to treat cancer to a Chula Vista person and others has been sentenced to 30 months in federal prison.
The devices had two steel cylinders with two application plates and customers were told to digitally enter a numbered code to treat the specific condition, such as diabetes, AIDS, stroke, ulcer, abdominal pain, worms, and cancer. A micro-current frequency generator would emit sound waves to the patient’s body.
David Perez, 61, formerly of Carlsbad, was sentenced April 4 by U.S. District Court Judge Roger Benitez, who allowed him to remain free on $25,000 bond until May 13.
Perez sold each device, online mostly, for approximately $1,200-$1,500 and received $271,000, according to the U.S. Attorney’s office. The devices are not approved by the Food & Drug Administration.
Court records show Perez shipped the devices to buyers which included one person in Chula Vista in 2013.
“It’s unconscionable to sell useless medical devices to critically ill people who are hoping for a miracle,” said U.S. Attorney Laura Duffy. “This sentence reflects the serious nature of this crime and our commitment to protecting those who are most vulnerable to being preyed upon by heartless predators.”
Perez’s sentence is the highest among the others charged–even over the manufacturer, David Arthur, 51, who received 18 months in prison. Arthur has a release date set for March 2, 2017.
Arthur, though, forfeited $30,000 to the government and was fined $3,000 in Oct., 2015. Perez’s attorney objected to the longer sentence, citing the lesser sentence that Arthur received.
Assistant U.S. Attorney Melanie Pierson said Perez’s sentence was higher because he did not cooperate with authorities and Arthur did. Perez and Arthur pleaded guilty to conspiracy to sell unapproved medical devices and introduced an unapproved medical device into interstate commerce respectively.
Perez’s wife, Sandra Perez, 56, pleaded guilty to a misdemeanor charge of sale of an unapproved medical device and she was ordered to perform 100 hours of community service on one year probation. She is raising the couple’s teen-age son and was ordered to pay $1,495 to one customer.
Beth Campbell, 53, of Salt Lake City, pleaded guilty to selling a misbranded device into interstate commerce to a man with prostate cancer. She received no jail time, but was ordered to pay $6,185 to three customers on terms of three years probation.
David Perez wrote a letter to the judge, saying he was wrong to sell this type of machines, but after his release he will start over and transition to the clean energy industry. His attorney asked for one year home detention and 160 hours of community service.
