Wrist Slap

Here is a disheartening story that just came over the wire - Viraj Shah was caught with 1.8 million pounds/ over $2 million worth of counterfeit drugs in London, and received a 51 week suspended prison sentence.

Any person possessing that much counterfeit medication is likely to have considerable assets, if only to purchase and sell at his point on the supply chain. He would also likely possess at least some information relating to his supply chain, such as who bought counterfeit drugs from him and who may have sold counterfeit drugs to him. And yet, there is no talk of a fine or even any certainty of Mr. Shah serving one day in prison. And, it does not appear from the article that Mr. Shah relayed any useful information concerning his cohorts to prosecutors.

Now maybe there is information on this case that the public is not aware of yet. Perhaps this man did inform on his partners in crime sotto voce, or maybe the state's case had a fatal flaw. But there is no evidence that any deal was made - the man was prosecuted, tried, convicted and sentenced.

The dangers of counterfeit medication are manifest and well-documented. Aside from possibly being ineffective and causing indirect harm, counterfeit medicines may well contain incorrect dosages or be made out of substances like cement powder - or worse.

The goals of criminal law enforcement are to mete out justice, rehabilitate the criminal and provide disincentives for the criminal and the public to engage in similar future behavior. Given the reckless dangers involved in dealing fake meds, it is clear that the crime well exceeded the very light punishment. There is also no evidence that Mr. Shah has been rehabilitated or even feels remorse for his actions. And as far as providing disincentives, the public has now been made aware of a lucrative career with extremely limited downside. So until the state gets serious about getting tough on people like Mr. Shaw, this problem will not get better.

With this publicity, it will likely get worse.

UPDATE: The press release from the U.K. Medicines and Healthcare products Regulatory Agency (MHRA) describes how Mr. Shah got caught (inspection of consignments at Heathrow Airport) and the sentencing process (Mr. Shah plead guilty, and will perform community service in addition to his suspended sentence).