Judge Orders Enzyte Parent to Forfeit $500 Million

CINCINATTI — U.S. District Judge S. Arthur Spiegel has ordered the maker of the Enzyte male enhancement pill to forfeit more than $500 million after being convicted of massive fraud earlier this year.

Berkeley Premium Nutraceuticals founder Steven Warshak said the judgment could put his company out of business if the order stands. Warshak’s lawyers have asked the judge to delay the forfeiture order so they can appeal the ruling. The order is preliminary until Warshak’s sentencing in August.

Also incorporated in the forfeiture order is some of Warshak’s personal property including homes, cash, a $10,500 spa membership, a Segway, two grand pianos and his 5 percent stake in Fathead, a sports memorabilia manufacturer.

Judge Spiegel maintained that Warshak and other chief executives engaged in fraud, money laundering and deceptively promoted bogus claims about the product’s effectiveness. The fraud was so widespread that it “tainted almost every dollar the company earned during its most profitable years” so federal prosecutors believe the company should have to give up almost all of its revenue.

Berkeley attorney John Phillips contends that the total amount of the forfeiture order represents the company’s gross revenue across all its product lines — not just Enzyte — which was the main thrust of the criminal case. He claims profits were a fraction of the $500 million.

Phillips said that Berkeley’s learned from its mistakes and has restructured its operations.

“Berkeley has made a real turnaround,” Phillips said. “The question is, is the jury’s verdict going to keep it from operating in the future?”

In other news related to the case, Warshak challenged the Stored Communications Act of 1986 in the U.S. 6th Circuit Court of Appeals in which he claimed his conviction should be thrown out because the government unlawfully read his emails without first obtaining a warrant. The court ruled 9-5 on July 11, upholding the law.

The majority ruled that Warshak would have to wait to appeal the ruling until after his sentencing. The dissenting minority claims the government acted unconstitutionally by reading Warshak’s email.

The law allows law enforcement to get permission from a magistrate or judge to read someone’s emails, instead of obtaining a search warrant.

Warshak faces 20 years in prison.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Honey Play Box to Debut 'Fortexa' Finger-Flapping Vibrator at XBIZ Expo

Honey Play Box will introduce its new Fortexa dual-action, finger-flapping vibrator at the XBIZ Expo next month.

Pipedream Products to Sponsor Networking Happy Hour at XBIZ Expo

Premier pleasure brand Pipedream Products will sponsor an evening networking happy hour during XBIZ Expo.

2025 XBIZ Expo Schedule Announced

The full schedule for XBIZ Expo, set to take place Jan. 16-19, has been released, detailing the slew of business-to-business activities slated for the premier pleasure product trade show, exclusively open to manufacturers, retail buyers, educators, reviewers, influencers, press, and other industry professionals.

Lovense Debuts 'Osci 3' Rabbit Vibrator

Lovense has introduced the new remote-controlled Osci 3 rabbit vibrator.

Blush to Sponsor Networking Happy Hour at XBIZ Expo

Pleasure brand Blush will sponsor a happy hour at the upcoming XBIZ Expo, reinforcing the event’s focus on building connections and fostering collaboration.

Passionate Playground, Thunderpussy Collab on Custom 'Joyboxx'

Passionate Playground and Seattle-based female rock band Thunderpussy have collaborated on a branded custom Joyboxx.

Honey Play Box Debuts 'Gem' Vibrator

Honey Play Box has introduced its new Gem vibrator.

DV8 Dare Marks Its 10th Anniversary

The Deviate Network is celebrating the 10-year anniversary of its DV8 Dare line of pleasure products.

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Show More