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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hello. I was approached by an associate in India who runs

Customer Question

Hello. I was approached by an associate in India who runs a pharmaceutical distributorship (Selling generic Viagra). He said that he needs someone for an "affiliate program" which is basically setting up a credit card terminal in the US and processing any payments the business receives. He said that any orders I process, I could keep 10% and then wire the rest back to India. My questions are: 1) is this legal? Could I be prosecuted? 2) If I set up an LLC as a passthrough entity, a business that does nothing but process payments, would I be less liable?
Submitted: 6 years ago.
Category: Business Law
Expert:  MShore Law replied 6 years ago.
Thank you for the post, I am happy to assist you by answering your questions. No, this is not legal because you are essentially facilitating the unlawful purchase of prescription medication via international purchase. You could be prosecuted and setting your "affiliate program" up as an LLC would have no significance with respect to your liability. Please let me know if you need additional guidance.