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  • Formula For Fraud Nets Papillion Man Save Email Print
    Arrested on 45 counts of theft by deception
    Posted: 9:32 PM May 6, 2008
    Last Updated: 10:12 AM May 7, 2008
    Email Address: sixonline@wowt.com


    A | A | A

    A Papillion man has been arrested in an alleged worldwide scam involving specialized baby formula.

    Neocate is the nourishment baby Brea could need until she's a year old. "Babies really need this and if they don't have it they're having massive weight loss and bowel problems," says mother Jenny Zetterman.

    Feeding their infant daughter can cost the Zettermans $400 a month. The Neocate formula is white, but it might as well be gold when it comes to the retail price. The cost of a 14-ounce can is about $40, so many parents search eBay for half-price Neocate. "They gave us 20 a can," says father Andrew Zetterman. But that can be a formula for fraud.

    “The day after we bought ours, all of a sudden it wasn't shipping, we didn't get a confirmation,” says Andrew.

    The seller, Joe Boylan of Papillion, sent excuses instead of formula to parents in four countries who paid him a total of $25,000. He's been arrested on 45 counts of theft by deception.

    Boylan had been shipping half-priced cans and cases of Neocate from his home until last fall, then he allegedly started taking money from winning bidders on eBay, but never sent the formula.

    PayPal refunded most victims like the Zettermans, but some parents lost a total of $4,000. “A lot of excuses that postponed these people from making a complaint in time to get a refund," says Papillion Police Detective Kevin Covi.

    How Boylan obtained so much Neocate may be a separate investigation, but the Zettermans wonder why anyone would cheat those who need the formula most. "I mean they're babies, they're messing with babies," says Jenny.

    Boylan is out on bond. His attorney says he will plead innocent. The attorney says Boylan and his wife believe all buyers have received either the formula or a refund. Boylan has a young son who received Neocate while hospitalized, so the attorney says Boylan wouldn't cheat other parents who need the formula.

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    Posted by: Disappointed at Judgements Location: Omaha on May 11, 2008 at 03:16 PM
    Dear MISinformmed, You need a new source. Unless you have had a MSPI child or more than 1 as we have, don't judge. We don't ask that our babies are born sick, need expensive formula, and possibly feeding tubes to attempt to nurture them. I tried nursing and it did not matter, even with the diet changes. People that qualify from low income households get it all free by the taxpayers. People that have great paying jobs don't have to worry about it. People that are working hard middle class have a hard time with affording this. Our worst MSPI child also had bad reflux-even on medicine. She went through 1 can every 1-2 days. COSTLY. Of course we checked out sites like E-Bay because they are sealed in a way that you can tell if they have been tampered with and we would check the can well to make sure all looked well. Don't judge loving people like the Zettermans and others who don't have a choice. Baby getting nourishment, or not.

    Posted by: ann Location: omaha on May 10, 2008 at 05:33 PM
    To informing is best-unless you are the mother and the babies doctor you need to get more information and be more informed before making such a generalized judgment

    Posted by: Mike Location: Omaha on May 9, 2008 at 06:18 PM
    Yes, I am a single dad of two. My wife ran out on them when they were young. I raised them and supported them myself: no support from her or from anyone else. The problem is all these people go and have kids that they can't financially support and then want everyone else to pay for them; my hard earned dollars supporting someelse and their kids on welfare. my boss at work has seven kids that he can't hardly afford, so he'll stop at nothing to screw his employees to enhance his bonus check to support his kids.

    Posted by: Parent Location: Omaha on May 9, 2008 at 02:30 AM
    To "Mike" yes to some aspect don't have the kids if you can't afford them. But in reality a lot of people that have kids like me can afford to have these children but some things happen that make things tight. My son had 2 heart surgeries when he was just under 1 years old and is now a 5 year old with autism. Did I plan for this when me and my wife decide to have a child. NO we didn't plan for this so how could these people who's children are sick. GET OFF YOUR HOLY THEN THOU ATTITUDE. Your probably single with no kids and can't understand what these people are going through. I am glad this guy was caught and if he can't produce documentation on shipping recipts then he needs to go to jail. Stealing is one thing stealing from sick children when times are already tough is beyond acceptable.

    Posted by: Breast Cancer Survivor Location: Omaha on May 8, 2008 at 01:14 PM
    INFORMING IS BEST....Not all moms can provide their babies with human milk. Radiation has made sure of that for me, and many other Pink Warriors as well. Your ignorance is both impressive and offensive. Whether a mom chooses to breast feed or circumstances make that choice for her - it does not excuse scam artists and scavengers from trying to turn a buck.

    Posted by: To Informing Location: omaha on May 8, 2008 at 12:49 PM
    To Informing - yes breast milk is best, but open your mind that not everyone is ABLE to breast feed. You don't know this woman's situation, so you have no right to lecture anyone. I tried & tried with both my kids, but my body could never produce enough for them - wasn't for the lack of trying. Don't get me wrong, I'd NEVER buy formula off e-bay - but don't be so narrow minded.

    Posted by: Wise Up Location: Omaha on May 8, 2008 at 12:15 PM
    Now who is the one that is guilty here??? Buying formula off of EBay is not a crime, however selling formula off of EBay and not providing that product after it has been paid for is a crime. It is not too hard to figure out who was in the wrong here. I say prosecute the criminal and quit persecuting the Zettermans!!!

    Posted by: Anonymous Location: Papillion on May 8, 2008 at 11:24 AM
    I lived down the street from this family only relizing this after seing the picture of the house on the news and I am not sure but his wife may have ran a daycare. Like I said not sure but I would see people dropping of kids there in the am and then picking up in the afternoon. If I was one of those parents I would deffinanly not be returning my children to her care

    Posted by: Anonymous Location: nebraska on May 8, 2008 at 08:56 AM
    Yes, the children of the Boylans will be affected as well. In doing things, us as parents dont think about how some of our actions will affect our children till it is to late. Some parents live higher than there means, then in turn do things to get more money. Having the kids isnt a fact if you cant support them dont have them. How many of us if we waited till we could support them, would have kids? Its what you do after you have them. You can support your kids, you may not be able to live a fancy life. If they have health problems its tough. There isnt nothing wrong with buying formula off e-bay. Honesty is really becoming a rare way anymore in this life. Look at how this world really is, all the scams out there. Yes, pay pal refunded some. There should be restitution involved. If he walks away with a slap on the hands, he may do this again. Then others will try to do the same thing.

    Posted by: Anon Location: Omaha on May 7, 2008 at 10:51 PM
    Buying the formula that is needed for your child you say off ebay for half price? Sounds like a disaster to begin with.

    Posted by: Anonymous Location: CB on May 7, 2008 at 09:16 PM
    This is just wrong! I have 3 children that needed neaocate. This is stuff is exspensive not mention it can very stressful for parents financially. I hope that he is found guilty, and hopfeully he will ordered to pay restuition to these families.

    Posted by: victim #x Location: US on May 7, 2008 at 08:50 PM
    He is guilty if you ask me. He took my $700 and finally Paypal/Credit Card refunded me, NOT him. If he has tracking number, please show that to me. I would like to know where those go, a ghost town or his own pocket? Also he should be ashamed of himself from taking money away from those needed families. Maybe his mother never told him that and hope he will now teach that to his son, not scam people. However I'm glad police caught him and hopefully he will be put behind bars for many many years.

    Posted by: His Victim Location: US on May 7, 2008 at 08:26 PM
    Let me know my tracking number as well and I would like to know where it deliver to. A ghost town or his own pocket? Paypal/Credit card refunded my $700, definitely NOT him! He is "GUILTY" by taking money away from the needed families and we all cheers that he got caught! :-)

    Posted by: Anonymous Location: Omaha on May 7, 2008 at 08:22 PM
    TO INFORMING: You are one of those people who try to make woman feel bad who choose not to nurse or simply can't nurse. Have you ever thought of the benefits that dad's get from being able to feed their child? Why don't you get off your high horse and leave the feeding choice to the individual.

    Posted by: Anonymous on May 7, 2008 at 08:09 PM
    I don´t think that the parents should be judged so hard for buying a product that is cheaper in a different store, even if this store is ebay. This is a FRAUD and the victims here are the parents. The formula on ebay is cheaper because some parents bought more than they needed, but the formula selled on ebay is in perfect conditions and is re-sold, this is why it cost a lot less. Please don´t judge a situation you have never been in and wouldn`t know how to react if put in that place.

    Posted by: Mike Location: Omaha on May 7, 2008 at 07:15 PM
    If you can't afford the kids, don't have them.

    Posted by: Carolyn Location: Iowa on May 7, 2008 at 07:15 PM
    We were victims of this scam as well and think some of you need an education. I have had 2 children with MSPI and can speak to this. While Neocate is an Rx most insurance companies don't pay for it even when the Dr writes an RX. Trust me, we tried they will only pay if you put your child on a feeding tube. Alimentum/Nutramigen are an option but doesn't always work. The cases we purchased on ebay from others were factory sealed as well as the cans inside. This formula can cost anywhere from $32 (walmart) to $60 (Kohl's) per can and typically feeds a child for about 2-3 days per can. If you haven't been in this position yourself be careful suggesting that people get another job. This isn't always an option when raising a family. Thanks to those of you who set Ms. Breastfeed Is Best in her place. I don't feel bad for us as we weren't affected nearly as bad as some victims. I feel bad for the victims whose kids who have been affected by this as well as the Boylans' own SIX kids. SAD!

    Posted by: eBay lover Location: Omaha on May 7, 2008 at 06:06 PM
    Hello Joe, If you receive money from a buyer on eBay and not ship the goods to the buyer this is called STEALING......I'm glad to see PayPal get this kind OF person who ripoff people on eBay in to court system. Maybe there B S will not go to far with a judge in Sarpy County.

    Posted by: jc Location: schuyler on May 7, 2008 at 05:58 PM
    If they are guilty of this, they need to be punished. AS far as people buying on e-bay, theres nothing wrong with it if people dont scam people. Not everyone can get another job on top of raising a family, if your ever in a position like this,well see how you handle it. As far as second jobs go to buy the formula on e-bay. Why didnt they get a second job instead of selling formula on e-bay.

    Posted by: Tim Location: Omaha on May 7, 2008 at 05:33 PM
    thank you "anonymous" and "mindy". I think we need perspective here. Ebay is a store just like Walmart. You could argue that things are safer from ebay than from some walmart employees. The person who made a mistake here is the guy that ripped off 45 families in 4 countries.

    Posted by: Carolyn Location: Council Bluffs, Iowa on May 7, 2008 at 05:28 PM
    This comment is madw with regard to the Neocate. The attorney for Boylan said his young son received Neocate, but "wouldn't cheat other parents who need the formula." Parents may have received Neocate or a refund, but Boylan clearly would have cheated them, had quick action not been taken by the Zettermans. He is lucky I'm not the judge, as this guy should go to jail for a long time. Carolyn J. Burke

    Posted by: renee Location: omaha on May 7, 2008 at 04:57 PM
    I had a daughter with MSPI, breast milk didn't help her at all. Besides, to breast feed or not, is a personal choice, nobody should be forced to do something they are uncomfortable with. Anyways, my daughter was put on Alimentum, was a HUGE blessing, it may be cheaper then Neocate, It took us 6 wks to figure out she had this digestive problem, the first bottle of Alimentum, brought tears to my eyes, she wasn't colicky anymore and I was able to start enjoying my newborn. Just a thought.

    Posted by: Mindy Location: Omaha on May 7, 2008 at 04:53 PM
    Some of you are forgetting they are the victims here. They did nothing wrong. For those who blame them should be ashamed! You know nothing about this family.

    Posted by: Anonymous on May 7, 2008 at 04:42 PM
    All of you who are saying nasty things about Jenny and Andrew should be ashamed of yourself. You know nothing about them or their family. When you buy something from anywhere it can be contaminated. There is nothing wrong with buying things off of ebay. They are the victims here so don't treat them any different!

    Posted by: Sheila Location: Omaha on May 7, 2008 at 03:48 PM
    To "Informing is best": I did breastfeed my daughter; however, after 3 months we discovered she was milk and soy protein intolerant (MSPI). I tried the MSPI diet which allowed me to eat very little of anything. While I had no trouble losing my baby weight, my daughter continued to have blood in her stools. So against my wishes, I put her on Neocate. It was like a miracle for my daughter. She started gaining weight, and she stopped crying all the time. I didn't plan to spend hundreds of dollars to feed her, but it's what you do when your child cannot tolerate anything else. Keep your comments to yourself until you have an MSPI baby and you watch your milk make him/her sick. To other parents feeding Neocate to their child, try the hospital pharmacies at the Alegent Hospitals. I bought mine at the Bergan pharmacy for about $130 a case (4 cans). This was from 2004 - 2006.

    Posted by: cory on May 7, 2008 at 03:27 PM
    to informing is best--not all mothers are able to breastfeed. My daughter tried to breast feed but because of her diabetes was unable to sustain the milk flow (and before you diabetes say that shouldn't be a problem--she has been denied a insulin pump by both her former insurance and medicaid so blood sugar were too high because she is insulin resistant brittle) Her baby was born with heart problems and at age 2 has already had three heart surgeries. He is on Neocate still but she would never buy off of the internet except thru the company that produces neocate.

    Posted by: Essie Location: Outside Omaha on May 7, 2008 at 03:19 PM
    to "Informing is best" - get off your soapbox because you don't know what you're talking about! The babies that are on Neocate CANNOT digest human milk any more than they could digest cow's milk or goat's milk. This is a special formula designed for children who have digestive problems and who would most likely otherwise die of starvation without the delicate balance of calories and nutrition that Neocate provides. The purchase and consumption of this life-saving formula is not "optional" for people who buy it or use it. Also, some mothers are not able to breastfeed due to allergies or medications they're taking for chronic illnesses. So, before you start taking these parents to task for trying to purchase formula for their ill child, I recommend thinking about why they may be doing what they're doing and instead offer some constructive comment instead of standing on a soapbox and spouting off.

    Posted by: MC Location: Fremont on May 7, 2008 at 02:40 PM
    People need to remember that your innocent until proven otherwise. I think it wasn't very smart on the Zettermans to buy formula on ebay. I understand that the formula is expensive but your child should mean more to you than taking the risk of buying something on ebay from someone you don't know. If it was me I would of found a second job to help out with the cost.

    Posted by: mom Location: Lincoln on May 7, 2008 at 02:30 PM
    Many MSPI babies are on Neocate because they could not tolerate breast milk, so breast is not always best.

    Posted by: Anonymous Location: Omaha on May 7, 2008 at 01:40 PM
    Get off the parents back for trying to purchase formula off of ebay. They are trying to do the best thing and trying to save money so they can afford other things like daycare, clothes and diapers. The people you should be upset with are the sellers. They are the ones who are wrong here.

    Posted by: A Grandma Location: Omaha on May 7, 2008 at 12:36 PM
    Looks like he doesn't care who he hurts and long as he gets what he wants, but this time he got caught. You know that the prisoners in jail and prison do not like people who hurt and abuse children

    Posted by: Becky Location: Omaha on May 7, 2008 at 12:21 PM
    This is just despicable. Anyone that would do this to babies needs to be put away.

    Posted by: Jarbeau Location: Bellevue on May 7, 2008 at 11:11 AM
    You purchase something at half price and expect to be satisfied. You get what you deserve when you expect something for nothing.

    Posted by: Franklebean Location: Texas on May 7, 2008 at 11:04 AM
    Very informative, thank you for a great interview and great coverage!

    Posted by: meghan Location: omaha on May 7, 2008 at 10:54 AM
    I buy my daughters neocate at walmart and target way under $40 a can. They should do some checking on where locally they can buy it.

    Posted by: Informing is best Location: Omaha on May 7, 2008 at 09:24 AM
    And to think most problems that this stems from (babies having problems with formula) could all be fixed if women would be informed to breastfeed instead of feeding their children second best-something that is manufactured and packed in a can. Buying your infants food off ebay? Sounds like disaster anyway. Human milk for human babies!

    Posted by: omahan Location: omaha on May 7, 2008 at 09:07 AM
    man whats this world coming to stealing money that goes to infants, but that shouldnt suprise me with all the things thats happening, this is one of the reasons i dont shop online at all.

    Posted by: Retha Location: Omaha on May 7, 2008 at 09:05 AM
    I wouldn't trust anyone to purchase something I'm buying from a stranger through the internet and then feeding it to my baby. How do you know they didn't put something in it and reseal it? I'd rather ask for assistance then to do that...

    Posted by: mom Location: omaha on May 7, 2008 at 08:57 AM
    its nice to know he had plenty 'extra' provided of course by WIC or covered by Medicaid that he felt he could share it.. i am betting 100 to 1 that he cont to fill his Rx and medicaid (taxpayers) covered it 100% and he profited from it all... even at 1/2 off.

    Posted by: Becky Location: Omaha on May 7, 2008 at 07:36 AM
    I can't believe the gawl of this man. How could you do this to people who's babies are in the same boat your child had been in. That's just plain low. They should throw the book at him and let him meet Bubba.

    Posted by: Keith Location: Papillion on May 7, 2008 at 07:20 AM
    "Boylan has a young son who received Neocate while hospitalized, so the attorney says Boylan wouldn't cheat other parents who need the formula." Or the hospital bills made him desperate enough to rip off other parents, knowing how desperate they were to save money. Really, the attorney's comment makes no sense. Since when does having an ill child miraculously make a dishonest person honest?

    Posted by: HL Location: Omaha on May 7, 2008 at 06:27 AM
    Not saying this is definitely the case, since all the facts aren't in, but this type of thing has been a fairly common e-Bay scam in the past. A scam artist will buy or sell products for a while, ship or pay rapidly, and build up a good feedback listing. Then he/she will sell (or buy) massive amounts of merchandise and not deliver or pay, pocket the money or goods, and disappear from e-Bay listings. Then the crook can simply change his/her user name (using a different, false ID so e-Bay can't trace) and do the same thing again.

    Posted by: Mel Location: Bellevue on May 7, 2008 at 06:25 AM
    I'm surprised it took this many frauds for Paypal/Ebay to catch up with it. They usually are much faster at fraud.

    Posted by: michelle Location: elkhorn on May 7, 2008 at 06:04 AM
    Why would anyone even buy formula on Ebay! How safe is that to begin with trusting someone with your babys formula...that you do not know!

    Posted by: Parent Location: Omaha on May 7, 2008 at 03:11 AM
    Give me a break, Innocent. After they received $25,000 and didn't send any of these parents their winnings. They knew what they were doing. I hope they get years behind bars before they can teach their child how to manipulate people to try to get ahead.

    Posted by: Becca on May 7, 2008 at 02:45 AM
    My son has been on Neocate since he was six months old, he is now two with a feeding tube. I don't care how much the formula is, i would never chance buying it off ebay or for a cheaper price other than a pharmacy. Thankfully my insurance (and medicaid does also through Childrens home health) pays for the formula because the dr. wrote it as a perscription. Those having trouble paying for neocate should ask their insurance company if it would be covered if given a written perscription.

    Posted by: Joy Location: Walnut,IA on May 7, 2008 at 01:34 AM
    It's ridiculous that anyone would fraud on something so important... literally these childrens' intestines BLEED without the right formula.. it's like denying a child life saving medication because of your own selfish greed... dispicable.

    Posted by: Keith Location: Omaha on May 6, 2008 at 11:06 PM
    Believe? How about some proof. Like a delivery confirmation.

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