A federal grand jury in Abingdon, Virginia, has indicted Bryce Cleveland, President and CEO of Scalpa, Inc., on charges of mail fraud, wire fraud, and related offenses. The indictment stems from the sale of skincare products by Scalpa that were not approved by the U.S. Food and Drug Administration (FDA).
Cleveland, 42, from Scottsdale, Arizona, appeared in court in the Western District of Virginia following his arrest last month. He was apprehended in Colombia and subsequently arrested in Florida by the United States Marshals Service on an outstanding federal warrant.
According to court documents, Scalpa was incorporated in Arizona in 2015 as a for-profit company that marketed medical devices and drug products designed to affect human body structure or function. Products mentioned include the Fibroblast Pen, Hyaluron Pen, Hyaluronic Acid, and Scalpatox.
The indictment alleges that between 2018 and December 2020, Cleveland carried out a scheme to enrich himself by marketing unapproved devices—such as the Fibroblast Pen and Hyaluron Pen—to consumers while claiming these devices were not regulated. The charges further state that Cleveland concealed information about these products being regulated devices. Additionally, he is accused of introducing an unapproved new drug called Scalpatox into commerce.
In total, Cleveland faces 12 counts of mail fraud, nine counts of wire fraud, 12 counts related to introducing adulterated devices into interstate commerce, and one count concerning the introduction of an unapproved new drug into interstate commerce.
“An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law,” officials stated.
The investigation is being led by the U.S. Food and Drug Administration—Office of Criminal Investigations with support from the United States Postal Inspection Service. Assistant U.S. Attorneys Corey Hall and Randy Ramseyer along with Department of Justice Trial Attorney Justus Hogge are prosecuting the case.
Robert N. Tracci, Acting United States Attorney for the Western District of Virginia; Ronald Dawkins with U.S. Food and Drug Administration; and Damon E. Wood with United States Postal Inspection Service made the announcement regarding this case.
