More info on Applied Pharmacy Services case.

Colorado Springs pharmacy owner Thomas Bader knew he was breaking the law by importing and distributing human growth hormones from China, prosecutors charged Tuesday.

Assistant U.S. Attorney Jaime Peña told a federal jury that Bader and a sales representative had an attitude as they pursued their illicit business.

“They told us we couldn’t do it so we did it anyway,” Peña said, describing that attitude in opening statements of a trial in which Bader, 67, is accused of conspiracy, smuggling and illegal distribution of the hormones. Prosecutors contend the hormones lacked U.S. Food and Drug Administration approval.

But Bader’s lawyer told the jurors that the case is far more complex and the law on the issue is far from clear.

Charles Torres said the real culprits in the case were a group of “rogue doctors” who were improperly writing prescriptions for the hormone for uses that were not approved.

He said the charges were also the result of Bader standing up for his rights as a compound pharmacist in successfully challenging FDA tactics.

“The evidence is going to show that what the FDA couldn’t accomplish in two civil cases they are now trying to accomplish in a criminal case,” Torres said.

In August 2007, a federal grand jury indicted Bader and two other men on charges that they smuggled the unapproved growth hormones into the country and then sold it to doctors in several states.

It was a lucrative business, Peña said. Between April 2004 through June 2007, Bader’s College Pharmacy made about $4.7 million on sales of the hormone, he said.

“It was their hottest seller and had the biggest profit margin,” said Peña, who described Bader as being a “hands-on” owner in the business.

Torres countered that Bader was looking to sell the business to his employees and had hired a manager to handle the day-to-day business.

He described the government’s case as “not well thought out.”

If Bader is convicted, prosecutors plan to force Bader to forfeit his profits from the sales as well as property in Colorado Springs, Florida, Iowa and North Carolina.

The trial is expected to take about four weeks.