Wow I am amazed at how many people out there shoot and ask questions later! I will set the record straight as to this whole ordeal. Before I even begin please click the link below and you will see that even if this product
was advertised to help pass a drug test there was never any federal law that covered it. Congress shot down the law. With this said I never, not even once marketed this product to federal employees, pilots, etc etc..
See here:
H.R. 2802 [109th]: Drug Testing Integrity Act of 2005 (GovTrack.us)
THE STORY:
Back in 1997 I started my own nutrition company consisting of herbal products, drug testing products, home health tests, sports enhancers, etc etc. I had about 30 web sites, one for each product. The "Your In The
Clear" product (yes I know about the grammar you're versus your) was advertised as a toxin cleanser and had its own web site
www.yourintheclear.com (No one would type in "Your'RE or Youre in the clear", I tested it). The web site talked mainly about "false positives" and such and this product was nothing more than a diuretic to help flush your body. It did mention unfair drug testing and various drug cutoff limits but nothing of passing your federal drug test or help for truck driver, pilots, train engineers, etc et. Nothing was ever mentioned of pilots, train engineers, truck drivers, etc EVER. There was never any malicious comments or remarks. This was simply simply a product that could be used to help flush your body of harmful metabolites, drug, chemical, free radicals, etc etc. My understanding of this is if you can go to WalMart and purchase a drug test like here:
Walmart.com: First Check: 4 Drugs Tested Home Drug Test, 1 ct: Medicine Cabinet
why can you not cleanse your body??
In the airline world we get random drug tests and there is no product that can help with a random drug test except being drug free. Once again there is a scare there for failing a drug test with a false positive and this is where a detox product may indeed help. It happens more than you may think. By 2003 my nutrition company started to grow and expand into an more "all natural" organic, herbs, salts, tea, etc etc company. I now had about 300 products. I could no longer make a web site for each product therefore started two main online stores
Wholesale Organic Herbs - Gourmet Spices For Top Chefs and
Organic Herbs And Cooking Spices. The orginal 30 web sites I started with were no longer maintained or updated from about the year 2000 but were still live online.
In early 2008 about 10 online stores were raided as a result of operation True Test overseen by PA district attorney Mary Beth Buchanan. All of these web sites but one are still operating today and selling exclusively drug testing products unlike the theme of my store which has to date 1800 mostly organic and all natural products. We do still sell home drug test kits and such just not the Your In The Clear product as I voluntarily removed this in 2008 in an effort to show it was not a significant product of mine. In total I had only a few hundred sales of this product ever. With much criticism in the press towards Buchanan as far as being overzealous and abusing her power I simply have no comment to make. I am not here for a finger pointing war. You can google her and make your own judgements. She faced termination in late 2009 and stepped down from office.
Anyway during this horrific event and while I was at work in CLT federal agents turned our house upside down and desperately wanted to find
drugs or anything illegal. There was nothing to be found, nothing. Shortly after I sought the help of two prominent federal defense attorney's. They agreed there was no law that covered this one particular product I was selling. Also for the record there was never a relation to my airline position and my nutrition business. This product was in my store years before I even started taking flight lessons. Was this product maybe in grey area after I became a professional pilot in 2004? Yes maybe but at the time my nutrition business was growing too fast that I never took the time to reflect on all my products, nor did I ever think I was selling anything illegal as still today there are hundreds of web sites selling detox products.
By 2008 I had about 1200 products in stock at my warehouse and my average work week between both jobs was 80+ hours. Once the government found out I was an airline pilot the **** hit the fan. They spent all of 3 years investigating me, interviewing all my friends from Boston and Florida, combing through me tax returns, sending FDA warning letters and more. They were convinced that I must have been using drugs if I was selling a product to detox your body of drug metabolites. They only saw that one web site yourintheclear.com and not my entire store. Anyway rightfully so, I think I wouldhave thought the same if I was the government. I can honestly say that I have never used drugs in my life and now they were finding this out. I think this is when they moved to plan B.
Next the government proceeded at first to threaten me with a whole slew of charges such as mislabeling, unnaproved new drugs, etc etc. My attorneys fought back and things quieted down. It is now late 2009 and I am in the hole for all of $58,000 so far for legal fees and FDA consultants. I am 100% fighting this to the end as I kfirmly believe I sold nothing illegal nor did I ever advertise this product or knowingly sell EVER to any federal employee, truck driver, pilot, train enginner, etc etc. nor was never any proof of this either. Those words were used to make great press headlines and that is it. Don't believe everything you read.
Just about that time the bomb dropped. My attorney told me that because this was a home based business they can and will charge my wife should I decide to proceed to a trial. Not only that but the cost would be at least another $50,000-$60,000 to battle to the end not to mention multiple trips to PA. As my family is most important to me my only option was to come to an agreement with the government. By now this nightmare is several years old and no end in sight unless I end this. In early 2010 we came to an agreement that I would admit guilt to conspiring to defraud the US by trying to impede or obstruct a government function. I knew the consequences and such to this but in an effort to keep my family safe I made a quick and decisive move to put a mark on my otherwise spotless record.
On April 29th we had a meeting in Pittsburgh federal court and I signed the agreement. This is when the airline was mentioned with the local press sitting in the back. From there all hell broke loose in the press. PSA has been aware of my situation since it first happened. All who know me and have flown with me know the type of person, pilot, and husband/daddy I am. Please don't be so swayed by press hype. To all my friends and fellow pilots who have supported me and who have been aware of this whole ordeal from the
getgo I thank you.
As far as punishment although nothing is ever guaranteed in this world my attorney says that due my clean record and the nature of this whole case he is very confident I will be adjuducated with term of probation. Judge Cercone is a very fair judge and has great insight on this matter. We are hoping to have this cleaned off my record for good once my probation is done.
After reading through eveyone's comments I think the one that hurts the most is the comment by CAPTKRUNCH a fellow PSA Pilot whom I know and was about the 2 CRW pilots losing their job but me keeping mine. To be honest with you CAPTKRUNCH I wish nothing more than to have those two guys get their jobs back. I would sacrifice my job to get their's back. I have another means of income and they may not. I am also on unpaid leave now with a future meeting planned and my future uncertain.
Sincerely,
Stephen Sharp
PSA Airlines