PORTLAND – Three former executives of a Winslow biological laboratory have been indicted in connection with a scheme to smuggle a chicken virus into the country from Saudi Arabia so they could produce a vaccine.

U.S. Attorney Paula Silsby said Monday that the former Maine Biological Laboratories workers face conspiracy, mail fraud and other federal charges in connection with the scheme.

Those charged are Dennis Guerrette, 40, of Brunswick, former chief financial officer; Thomas Swieczkowski, 47, of Vassalboro, former vice president of production; and Marjorie Evans, 41, of Belgrade Lakes, former vice president of quality assurance and regulatory affairs.

The case dates back to 1998, when a Maine Biological customer in Saudi Arabia discovered one of its chicken flocks had avian influenza, according to the indictment. To produce a vaccine, Maine Biological required a sample of the virus, which was then smuggled into the United States, prosecutors said.

After producing a vaccine, company officials are accused of falsifying production records and shipping documents to send it back to the Saudi customer. Silsby said the company engaged in the illegal activity to increase sales and profits, and in so doing put chicken flocks in Maine at risk.

“It posed a significant threat to poultry farms,” Silsby said. “But there are no signs it was a threat to the public.”

The eight-count indictment says that Maine Biological was paid $895,000 for 8,000 bottles of the vaccine by its Saudi customer. Another batch of the vaccine was produced, but before it could be shipped company officials were informed somebody had tipped off the government about what it was doing, according to the indictment.

The employees allegedly loaded the vaccine into a truck and disposed of it before the laboratory could be inspected by Department of Agriculture officials.

The indictment further alleges that Maine Biological’s officers promoted a policy to substitute one vaccine for a similar but different vaccine without their customers’ knowledge to increase sales and profits.

Maine Biological’s officers also agreed to affix labels that falsely stated the contents of vaccines for some overseas customers because the licenses for that vaccine hadn’t been issued by the importing country, the indictment says.

If found guilty, Guerrette and Swieczkowski each would face up to 671/2 years in prison and more than $1.1 million in fines. Evans would face up to 781/2 years in prison and more than $1.7 million in fines.

Two other former employees of the company pleaded guilty in the case last month. Silsby said she expects more charges to be filed.

Lohman Animal Health International, a New Jersey company that owns Maine Biological Labs, issued a press release saying the company continues to cooperate with federal officials on the case.

The statement said all the employees accused of being involved no longer work for the company.

AP-ES-12-22-03 1503EST