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 © 2025 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

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

Icon Debuts New 'Expandor' Dildo From Its 'AlienNation' Line

Icon Brands has introduced the inflatable Expandor dildo from its AlienNation collection.

FSC Reveals Results of 2026/2027 Board of Directors Election

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Orion Debuts 'Vibrating Anal Beads' From 'Anos' Line

Orion Wholesale has introduced the Flexible Anal Beads with Jumping Vibrations from its Anos line.

Liberator Names Lindsay Hargis Manager of Affiliate, Influencer and Strategic Partnerships

Liberator has appointed Lindsay Hargis as its new manager of affiliate, influencer and strategic partnerships.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

Hankey's Toys Releases 'Roxas Caelum' Dildo

Mr. Hankey's Toys has debuted its Roxas Caelum dildo.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Show More