A Mass. man bought an illegal depressant online and took his life. The seller will go to prison
Nearly five years ago, a Bedford man, identified in court documents only as 'K.D.,' purchased an illegal depressant online that ultimately resulted in his suicide.
Now, the California man who admittedly sold it to him via an illicit online marketplace he operated will spend 30 months in prison, the U.S. Attorney's Office announced this week.
Paul Z. Lamberty, 62, of Folsom, Calif., pleaded guilty last August to one count of conspiracy to defraud the United States and one count of the introduction of misbranded drugs with the intent to defraud and mislead.
On May 30, Lamberty was sentenced in Boston federal court to prison time followed by three years supervised release for selling etizolam over the internet starting in 2017 and ultimately earning profits of more than half a million dollars.
Etizolam is part of a class of drugs chemically related to benzodiazepines (commonly referred to as benzos), which depress the central nervous system.
Read more: It was labeled and looked like Adderall. But thousands of pills were meth and caffeine
Physicians can prescribe benzodiazepines that are approved by the Food and Drug Administration to treat insomnia and anxiety, but they also carry risks of dependency, toxicity and even fatal overdose, particularly when combined with other central nervous system depressants, according to the U.S. Attorney's Office.
The FDA has not approved etizolam for medical use, and thus it can't be sold or prescribed in the U.S. And yet, it is regularly sold by illegal online marketplaces as a 'designer drug' that mimics the pharmacological effects of controlled substances or prescription drugs, according to court documents.
In July 2023, the Drug Enforcement Administration temporarily scheduled etizolam as a Schedule I controlled substance, meaning the agency deemed the drug an 'imminent hazard to public safety.'
According to court documents, Lamberty played a role in operating two websites, Encern.com and Ohmod.com, where he sold and shipped etizolam to customers at residential addresses throughout the country, including in Massachusetts. He and his co-conspirator, who is unnamed through court documents, accepted payments via cryptocurrency only, prosecutors said.
In July 2020, a customer in Bedford, Massachusetts, died from an overdose of etizolam and miragynine, also known as kratom, autopsy results showed.
In its sentencing memorandum, Lamberty's defense stated the man's death was a purposeful overdose and ultimately ruled a suicide because of a note he left behind. Attorney Robert Helfend argued that without the Massachusetts man's 'purposeful actions,' his client would 'not be standing before this Court.'
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According to email records, the man had purchased etizolam from Lamberty's websites approximately 15 times between July 2019 and June 2020.
Meanwhile, Assistant U.S. Attorney Jared Dolan wrote that 'K.D.' was a victim 'because of the original sale of the misbranded etizolam by the defendant, not the subsequent overdose.' The heart of the argument, he said, is that etizolam is illegal to sell in the U.S.
Lamberty imported the etizolam from suppliers in China. In the U.S., he sold it with false labeling stating the products were 'for research purposes only' and 'not for human consumption,' court documents show.
In 2018, Lamberty's business partner sent him an email informing him about a Department of Justice press release referencing an FDA investigation into several individuals charged for selling etizolam over the internet.
The warning didn't deter Lamberty, according to prosecutors.
Read more: Mass. grandfather's online pain medication search spiraled into an international drug operation
Later that year, U.S. Customs and Border Protection detained a pill press that Lamberty had purchased, presumably so he could produce etizolam tablets himself, court documents said.
Based on analysis of bank and cryptocurrency records, prosecutors say Lamberty and his co-conspirator conducted gross sales of more than $550,000 worth of etizolam.
'This was drug dealing by another name, and it led, as drug dealing often does, to foreseeable and devastating results,' the U.S. Attorney's Office wrote in its sentencing memorandum. 'Lamberty knew the risks of selling this unregulated and unapproved designer drug and he should now be held accountable for the profits he made at the expense of victims like K.D.'
The defense, seeking probation with home confinement, said Lamberty has accepted responsibility for his crimes, citing no additional criminal history and 'a circle of family and friends that want him to excel and need him.'
'He strives to do better in the future,' his attorney wrote.
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