Las Vegas Sun

March 28, 2024

Las Vegas doctor, wife sentenced to prison for Botox fraud

A Las Vegas physician and his wife have been ordered to serve federal prison sentences following their convictions for fraud after they treated patients with fake Botox.

Stephen Lee Seldon, 54, was sentenced to 46 months in prison and three years of supervised release, said Greg Brower, U.S. Attorney for Nevada.

His wife, Deborah Martinez Seldon, 41, was sentenced to 30 months in prison and three years of supervised release, Brower said. They also were ordered to pay a $144,000 fine.

The sentences were handed down Friday by U.S. District Judge Kent J. Dawson.

The Seldons were convicted by a jury on Nov. 19 of 14 counts of mail fraud and one count of adulterating a drug while held for sale.

Following his conviction, the Nevada State Board of Medical Examiners suspended Dr. Seldon's license to practice medicine on Dec. 1, pending a formal hearing.

From about Oct. 15, 2003, to Sept. 16, 2005, the Seldons offered and advertised Botox injections at "A New You." Botox, used for the treatment of forehead wrinkles and excessive perspiration, is the brand name of a drug derived from Botulinum neurotoxin Type A, a highly potent toxin.

When present in sufficient amounts in humans, this toxin can cause botulism. The toxin is classified as both a drug and a biological product under federal law, and no form may be distributed for use on humans unless it has been approved by the Food and Drug Administration. Allergan, Inc., is the only FDA approved manufacturer of Botox. All doctors treating patients with Botulinum neurotoxin Type A are requried to use Allergan's Botox products.

The Seldons placed ads in local magazines offering Botox at low prices, and represented to their patients that Stephen Seldon was certified and specially training by Allergan for Botox injections. The Seldons also had patients sign consent forms before receiving cosmetic procedures. The forms fraudulently stated that the Seldons intended to use Botox on patients, when in fact, Stephen Seldon knew he was going to inject his patients with cheaper Botox alternatives.

The Seldons used a product marketed and sold by Toxin Research International, Inc., of Tucson, Ariz. That product, Tritox, was sold in vials labeled, "For research purposes only, not for human use." TRI charged customers much less for Tritox than Allergan charged for Botox.

In late November 2004, four people in Florida contracted botulism after receiving research grade Botulinum Toxin at a medical clinic in Florida, which was later linked to TRI.

After search warrants were served at TRI's Tucson business, the Seldons concealed their fraudulent use of Tritox by falsifying their clinic's computerized scheduling records and by making false statements to their patients.

Stephen and Deborah Seldon were ordered to self-report to federal prison by June 26.

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