CHARLESTON, S.C. — A long-term investigation concluded today with the unsealing of an indictment in the District of South Carolina charging two foreign nationals with conspiring against the United States to illegally divert U.S.-funded global health commodities from a Kenyan government-run corporation, Kenya Medical Supplies Authority (KEMSA).
Eric Ndungu Mwangi, 40, a Kenyan national, and Davendra Rampersaud, 42, a Guyanese national, and their associated businesses were charged in a 2021 superseding indictment brought by a federal grand jury in the District of South Carolina. The superseding indictment was originally filed under seal to protect the ongoing investigation.
The investigation, led by the Office of the Inspector General for the U.S. Agency for International Development (USAID), focused on the approximately $650 million USAID-funded KEMSA Medical Commodities Program (MCP). The purpose of KEMSA MCP was to establish and operate a safe, secure, reliable, and sustainable supply chain management system for HIV/AIDS commodities needed to provide care and treatment of persons with HIV/AIDS in Kenya, and to support the warehousing and distribution of select family planning, nutrition, and malaria commodities.
Beginning in 2014, Mwangi and his company, Linear Diagnostics (LD), systematically stole HIV test kits and other commodities intended for KEMSA. The stolen goods found a buyer in Rampersaud and his Guyanese company, Caribbean Medical Supplies, Inc. (CMS). In 2015, Rampersaud fraudulently secured a "Letter of Authority" to operate as an authorized distributor. This allowed him to secure a lucrative, sole-source contract with the Guyana Ministry of Health for the products he was acquiring illegally.
Between 2015 and 2019, Rampersaud paid Mwangi over $177,000 for the diverted medical supplies, including the stolen, USAID-funded HIV test kits meant for Kenya. Rampersaud then profited again by selling these stolen health commodities to the Guyanese government. Rampersaud and CMS also acquired and sold test kits stolen from another separate USAID program.
“This was an incredibly complicated investigation, spanning years and an ocean,” said U.S. Attorney Bryan Stirling for the District of South Carolina “These defendants jeopardized a vital public health mission and caused a significant loss to the American taxpayers.”
In February 2021, Kenyan authorities arrested Mwangi on charges relating to theft and fraud. He is currently awaiting trial in Kenya. On the American charges, Mwangi faces up to 20 years on various counts, fines, and a term of supervised release.
In January 2023, Rampersaud was arrested on charges arising out of the superseding indictment when he flew into Miami in the United States during a flight layover, while attempting to travel back to Guyana. He was transported to Charleston, South Carolina, and pleaded guilty to conspiracy and to stealing or converting health commodities that USAID paid for as part of a health care benefit. He was sentenced by United States District Judge Richard M. Gergel. Rampersaud received credit for time served and was additionally sentenced to three years of supervised release and ordered to pay an $84,000 fine.
This case was investigated by Office of the Inspector General for the U.S. Agency for International Development. The Justice Department and USAID OIG appreciate the substantial assistance provided by the Office of International Affairs, the Department of State’s Regional Security Offices in Nairobi, Kenya, and Georgetown, Guyana, U.S. Customs and Border Protection, and Homeland Security Investigations. Assistant U.S. Attorneys Sean Kittrell and Dean Secor are prosecuting the case.
All charges in the indictment are merely accusations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.