DIRECT MARKETER STEVE WARSHAK, THE 'KING OF MALE SEXUAL ENHANCEMENT', GETS PRISON TERM REDUCED FROM 25 TO 10 YEARS

CINCINNATI — The founder of an Ohio company that sold male sexual enhancement tablets and other herbal supplements had the prison sentence for his conviction on fraud and other charges reduced to 10 years on Tuesday by a federal judge.

Steve Warshak was convicted in 2008 of conspiracy, fraud and money laundering and sentenced to 25 years in prison. Warshak's company, Berkeley Premium Nutraceuticals, made products including Enzyte, which claimed to enhance male sexual performance and was promoted by a character known as "Smilin' Bob."

 

Warshak and other company officials were accused of bilking thousands of customers who bought Berkeley's herbal supplements via mail order. The fraud included false advertising, lying to banks and making unauthorized charges on thousands of customer credit cards, prosecutors said.

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A federal appeals court last year ordered a new sentencing hearing, saying the trial court wasn't clear enough about its basis for arriving at the sentence.

Before reducing Warshak's sentence, U.S. District Judge S. Arthur Spiegel noted that "the court views Steven Warshak as a very clever and confident con man."

The judge said that he was mostly unimpressed with Warshak's claim that he had turned his life around and by the letters written by friends on his behalf, but decided that several factors warranted a shorter sentence, The Cincinnati Enquirer http://bit.ly/qv4fes) reported.

The most important factor was one cited by the federal appeals court — that the money lost by Warshak's customers may have been less than the $400 million estimated at his first sentencing, the newspaper reported. Spiegel defended his original estimate of $400 million, but agreed to reduce it to $100 million.

The judge said another factor was the disparity between Warshak's sentence and those of his 10 co-defendants, who all were sentenced to two years or less.

Warshak thanked the judge for his reduced sentence, adding that

"I know it comes with your high expectations, and I won't let you down."

Federal prosecutors objected to the reduction, saying nothing about the case has changed since Warshak's original sentencing. They also questioned the sincerity of Warshak's remorse, the newspaper reported.

Anne Porter, an assistant U.S. Attorney said. 

"Today is the first time Mr. Warshak has said he is sorry and admitted responsibility.  It's too late."

But Warshak told the judge that he has learned a "life-changing lesson" and wants to teach business ethics after his release from prison.

COMMENTARY:  In a blog article dated October 20, 2009, I covered the arrest and conviction of Steve Warshak, the founder of Berkeley Premium Nutraceuticals, the manufacturer of Enzyte male enhancement pills.   Enzyte natural male enhancement pills, or penis enlargement pills as they are commonly referred to, never worked, and the false and misleading guarantees that Mr. Warshak's company made got him, his mother Harriet Warshak and ten other co-defendants prison time.

In today's advertising market, advertisers use images to attract consumers. One common method used to coerce people into thinking that they need a product is to prey on their insecurities. These modern tools advertisers hide within their advertisements are considered to be modern myths. One of the most widely used myths is that: ". . . Your body isn't good enough ".  This practice is more easily recognized in advertisements geared toward women which tend to prey on female's insecurities about the size and shape of their bodies; however men are also falling victim to advertisements which tell them that their body is not good enough. Advertisers prey on men who buy into the idea that their body needs to be different in order to have a better life. Crafty entrepreneurs are getting rich quick by selling herbal supplements that promise male enhancement to gullible male consumers. The manufacturer of Enzyte used " Smiling Bob " to make millions of dollars to capitalize on men's insecurities, to convince consumers that there is a solution to their feelings of inadequacy, and to mask their false claims about the potential results of using their herbal supplement.

Enyte is one of the latest in a long line of potions and devices that capitalized on men's insecurities about the size and function of their genitalia. Although many men do suffer from erectile dysfunction which may require prescription medication, there are many herbal supplements available that claim to improve sexual stamina and increase penis size.". . . Ever since Viagra exploded on the market eight years ago, it has been almost impossible to watch television without seeing ads for drugs designed to enhance a man's sexual experience (ABC News) . Obviously, there are a lot of men purchasing these herbal supplements, so the market has become flooded with Ads. Even though the ingredients in most of these supplements are similar to those found in most energy drinks, and there is no clinical evidence to prove that they work , advertisers sell these products to consumers whom are willing to try anything once they have been convinced that their body isn't good enough. Enyte's " Smiling Bob " has a convincing smile which has fooled many gullible consumers into believing that they need to use an herbal supplement to have a good sex life.

In the "Smiling Bob " ads, Enzyte wants the viewer to believe that he is inadequate and that by taking an herbal supplement, he will overcome this inadequacy. The idea that one's sexual performance will be enhanced carries the myth that one's body isn't good enough into the subconscious mind of the viewer. The Christmas edition " Santa Bob " advertisement has Bob dressed as Santa Claus with a line of women waiting to sit on his lap, and claims that after taking Enzyte " . . . there's no way of mistaking this Santa for an elf anymore " ( You Tube ). There are even late-night infomercials, paid for by the manufacturers of Enyte, that interview women who say that size does matter. These women talk about how much better sex is with a man who has been taking a male enhancement pill. Many men succumb to the temptation and try a male enhancement pill as a result of these kinds of advertising practices. In order to seduce the prospective buyer even further, Enzyte offers a free trial with a money back guarantee; however, after they have billed a credit card, the first time, the Enzyte pills continue to be shipped to the consumer's address, and the fine print says that Enzyte can continue to charge their credit card.

The Enzyte ads are designed to convince men that not only will they experience a fuller, firmer erection, but that they will actually gain length and girth by taking a once a day male enhancement tablet. There are no clinical trials or studies that support the claims that Enzyte, and other similar companies, make about these sexual enhancement supplements. Even though there is information all over the Internet stating that these herbal supplements do not increase size or enhance performance, advertisements from Enzyte, and other similar male enhancement supplements, are prevalent advertisements on the Internet today.  

A former Vice President of the company testified that Warshak required customers to provide ". . . a notarized statement from a doctor. . ." proving that they had small genitalia in order to get the money back guarantee mentioned in the Enyte Ads! U.S. District Judge S. Arthur Spiegel also ordered Warshak and Berkeley Premium Nutraceuticals, along with other defendants, to forfeit more than $500 million dollars. ". . .   Judge Spiegel said.

"This is a case about greed. Steven Warshak preyed on perceived sexual inadequacies of customers ". 

While reviewing the case.  

As odd as it may seem, there are repeat customers who even today continue to purchase male enhancement supplements similar to Enzyte.   Despite the fact that there is no clinical evidence to support any real results, some men probably get results because of the placebo effect. Either the results are psychosomatic and they choose to continue taking the supplement, or the fact that they couldn't prevent Berkeley Premium Nutraceuticals from continuing to send them refills without providing notarized documentation from a doctor stating that they had small genitalia kept most of its customers quiet.  As for the “ satisfied customers, " they are more than likely plagued, like many men, with anxiety about sexual performance, and would probably achieve the same results with a sugar pill that is labeled the same as the Enzyte that they have been taking. The Enzyte advertisements are a powerful example of the effects that images have on consumers in today's culture. There is no way for consumers to avoid the images all around them, but awareness of the types of myths that are used in conjunction with these images can be the first step toward having a choice about how to feel about one's body.

Let's look at a few of the infamous Enzyte TV commercials with the character Smiling Bob:

 

 

 

 

I hope you've enjoyed this blog post as much as I have.

Courtesy of an article dated September 20, 2011 appearing in The Republic

 

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