The temporary restraining order blocks the defendants from operating the alleged scam and shuts down hundreds of websites used by the defendants to carry out their scheme. At times, Eubank lowered mileage readings by more than 100,000 miles. Dietary Supplement Companies Sentenced in Case Involving Alleged Link to Liver Damage, U.S. v. USPLabs, et al. Docket Number: 2:17-CR-00004 (E.D. He also hid evidence from FDA inspectors and destroyed evidence while law enforcement agents were executing search warrants on his residence and business locations. Medical Device Maker Pleads Guilty to Misbranding and Agrees to Pay $36 Million to Resolve Criminal Liability and False Claims Act AllegationsUnited States v. Biocompatibles, Inc.Press ReleaseDocket Number: 1:16-MJ-00710 (D.D.C.). Court Enters Temporary Restraining Order Against Tech-Support Wire Fraud SchemeUnited States v. Maven Infotech Pvt. Press Release FDA also discovered the presence of L. mono at the facility, including samples taken from food contact surfaces and a sample of finished sprout product collected in May 2012. In reality, identical letters were sent to hundreds of thousands of consumers identified through the purchase of lead lists. A. In addition to the prison term, the court also ordered Crawford to pay $103,700 in restitution. Tex.). Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit. According to the complaint in the case, the defendants mailed more than 1 million solicitations to potential victims in the United States, France, Germany, the Netherlands, Japan, and elsewhere, grossing about $4.5 million annually since 2016. The defendants made misrepresentations about profits, operating their own vending routes, locations, and ongoing customer support to induce the victims to buy what was advertised as a complete business package, but turned out to be essentially worthless. Docket Number: 3:15-cr-496 (N.D. On May 25, 2016, the Department of Justice secured a civil jury verdict in Salt Lake City, Utah, against Utah-based telemarketing defendants Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III. FDA inspections and other evidence showed a repeated failure of Serra Cheese to reduce the risk of contamination from bacteria and to undertake critical measures that are essential to prevent the growth of certain potentially dangerous bacteria such as Listeria and E. coli, including failing to adequately clean and sanitize equipment in a proper manner. Acino manufactures hydrocortisone acetate 25 mg suppositories, which it labels and sells as prescription drugs. Cal.). Blue Bell agreed to plead guilty to two misdemeanor counts of distributing adulterated ice cream products and pay a criminal fine and forfeiture amount totaling $17.25 million. Press Release S. marcescens is a bacteria that can cause bloodstream infections if introduced into the bloodstream through contaminated medications. 20-CV-4218 (C.D. On December 10, 2014, the United States filed a civil action against William H. Oshiro d/b/a RZM Food Factory to enjoin him from violating the Federal Food, Drug and Cosmetic Act, including violations of current Good Manufacturing Practice standards. The government alleged that the companys fish products were adulterated pursuant to the Food, Drug, and Cosmetic Act. U.S. District Court Judge Robert Pitman has scheduled the sentencing hearing for Blue Bell Creameries for September 17, 2020. White entered a preliminary injunction against an Oklahoma company that touted an unapproved colloidal silver product as a COVID-19 treatment. and Mark Berman, M.D. A company without a food facility registration cannot distribute any food products. Savarese admitted he performed at least 200 of the rollbacks for Baine. Cal.). Along with pleading guilty, the company agreed to pay a criminal fine of $30 million and forfeit an additional $20 million. ); 5:16-CR-0022 (M.D. Trial is set to begin in Abingdon, Virginia on May 11, 2020. The complaint alleged that the companys fish products were manufactured under conditions that were inadequate to ensure their safety. In pleading guilty last year, Becker admitted that, from approximately January 2016 to March 2019, he unlawfully distributed Selective Androgen Receptor Modulators (SARMs) and other substances that the FDA has not approved, including ostarine and ligandrol, as part of purported dietary supplements. Docket Number: 1:20-cr-123 (W.D. A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. The court found that the government's actions before the grand jury were neither improper nor misleading, and the court denied Indivior's motion to dismiss the indictment. The callers told victims they had failed to pay for or receive a delivery of products, and claimed that victims faced court proceedings and owed thousands of dollars in fines. Mass.). According to the charging document, the amino acid was prepared by Meds IV outside a laminar airflow workbench and was kept unrefrigerated, in a room that was not sterile, in a large pot sitting on the floor, sometimes overnight, before it was sterilized and used. The defendants portrayed the companies as law firms and attorney-based companies that would negotiate favorable credit card settlements on behalf of consumers. The court found that the defendants had distributed sandwiches that were adulterated as a matter of law under the Food, Drug, and Cosmetic Act for failure to follow CGMP. On August 31, 2020, four individuals were charged in connection with an alleged clinical trial fraud scheme involving Miami company Unlimited Medical Research. During a bench trial conducted last summer, the government presented evidence that each of the defendants had failed to comply with current good manufacturing practices, failed to keep records necessary to evaluate food safety, and processed fish in a way that could lead to Listeria monocytogenes contamination, all in violation of the federal Food, Drug, and Cosmetic Act (FDCA). According to the complaint, consumers pay for items supposedly sold through the websites but never receive those purchases. Several FDA inspections since 2011 revealed violations of seafood Hazard Analysis and Critical Control Point (HACCP) regulations and current Good Manufacturing Practice regulations. Docket Number: 0:17-CR-60056 (S.D. The district court ordered the tobacco companies to issue corrective statements as part of the 2006 permanent injunction, which followed the nine-month civil racketeering trial. Hammock v. Jensen et al. According to the indictment, victims who paid fees received no cash prizes, while Quaglia, Fraser, and their co-conspirators pocketed the money. 1:21-cr-20301 (S.D. The consent decree enjoins the defendants from processing or distributing food until they report to the Food and Drug Administration the actions they have taken to bring their operations into compliance with the Food, Drug and Cosmetic Act (FDCA), and FDA notifies them that they appear to be in compliance with specific remedial actions set forth in the decree and the FDCA. Jonathan Doyle, the president of USPlabs, and Jacobo Geissler, the CEO of USP Labs, pleaded guilty February 21 and February 28, respectively, to conspiracy to introduce misbranded food into interstate commerce. The criminal charges will be dismissed in three years if Pentax complies with enhanced compliance requirements that are part of the agreement. Laboratories, a California dietary supplement manufacturer, pleaded guilty to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce. Docket Number: 1:18-CV-22016 (S.D. Per this policy, in unlimited civil cases a party who has received a fee waiver may request an official court reporter Fla.). Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. Civil lawsuits typically involve a complaint that is filed by one person (the "plaintiff") against another party (the "defendant"), that they believe has injured them or caused property damage. Systems of Common Law vs. Civil Statutory Law. According to the complaint, United States residents received fraudulent direct mail solicitations that falsely claimed that the recipients had won, or would soon win, cash or valuable prizes or otherwise come into great fortune. The governments complaint alleged that PharMediums drugs were adulterated because they were prepared, packed, or held under insanitary conditions whereby they may have been contaminated with filth or rendered injurious to health and because PharMedium failed to comply with current good manufacturing practices. Medical Device Manufacturer Ordered to Pay $85 Million Following Guilty Plea for Failing to File Adverse Event Reports United States v. Olympus Medical Systems Corp. On March 30, 2018, the district court permanently enjoined a Walton, New York, creamery and its owner, Johannes Vulto, from manufacturing and distributing adulterated food. 1:20-cv-02066 (D.D.C.). On August 2, 2017, the district court entered a consent decree of permanent injunction against Everbright Trading, Inc., its owner Yuan Xiang Gao, and its operator/manager Rong Qing Xu. Docket Number: 1:19-cr-16 (W.D.V.A.). On March 21, 2016, the United States filed an injunction action against Native American Enterprises, LLC (NAE), of Wichita, Kansas, its Vice President and 49% owner, William N. McGreevy, and its Production Manager, Robert C. Conner, to prevent the manufacture and distribution of adulterated food, namely ready-to-eat refried beans and sauces. and Medical Devices, Justice for All Act (2004) Victims Notification, DECEPTIVE PRACTICES, TELEMARKETING,and DATA PRIVACY, Marketing Company Agrees to Pay $150 Million for Facilitating Elder Fraud Schemes, United States v. Epsilon Data Management, LLC 1345 against three John Doe defendants connected to a fraudulent sweepstakes scam. Inspections have also revealed defendants inability to control pests in the firms production facility. Docket Number: 2:17-CV-0852 (D. Utah). Docket Number: 3:18-CV-331 (N.D.N.Y.). The charge against Gore carries a statutory maximum penalty of 5 years in prison. On July 27, 2020, the Department filed a civil complaint against MyLife.com and its founder Jeffrey Tinsley seeking injunctive relief, redress, and civil penalties under the FTC Act, the Telemarketing Sales Rule, the Restore Online Shoppers Confidence Act, and the Fair Credit Reporting Act for unfair and deceptive conduct in selling online subscriptions to purported consumer background reports and for selling background reports without complying with the legal requirements for doing so. Docket Number: 1:20-cr-123; 1:20-cr-122 (W.D. On August 14, 2020, the district court dismissed a challenge by a physicians interest group to FDAs since-revoked emergency use authorization (EUA) for hydroxychloroquine related to COVID-19. In reality, Romeos companies sold Chinese knock-off hoodia that was imported using forged documentation. In pleading guilty, Ryan admitted that from 2007 through 2010, he unlawfully authorized more than 158,000 drug orders placed by customers using websites to purchase prescription drugs, including Fioricet, a drug that contains butalbital, a controlled substance. In addition, the company is paying $25 million to resolve civil allegations under the False Claims Act. The action, brought under the anti-fraud injunction statute (18 U.S.C. A third individual, Clifford Woods, pled guilty on May 9, 2016, in the U.S. District Court for the Central District of California to a misdemeanor FDCA violation for distribution of unapproved new drugs that he marketed and sold as treatments for cancer and other diseases. As part of the consent decree, the defendants must cease growing and packing sprouts or preparing other foods unless they comply with specific remedial measures. Virginia Sprout Producer Agrees to Consent Decree in Connection with Distribution of Adulterated FoodUnitedStates v. Henry's Farm Inc., and Soo C. Park, Press ReleaseDocket Number: 3:16-CV-0089 (E.D. The government alleged that Bencosme and the other defendants fabricated the clinical trial by falsely representing in medical charts and other sources that subjects were participating in the trial when, in fact, they were not participating or taking the study medication. In pleading guilty, the defendants admitted that they caused at least 225 vehicles to be sold with rolled back odometers. If your court offers it, look at electronic records over the internet. On March 6, 2019, U.S. District Judge Beth Bloom entered a temporary restraining order under 18 U.S.C. Two Georgia Defendants Sentenced in Odometer Fraud ConspiracyUnited States v. Rojen Burnett and Amber McLaughlinPress Release At a plant in North Carolina, Baxter manufactured large-volume sterile intravenous (IV) solutions in a clean room that had high-efficiency particulate absorption (HEPA) filters installed in the ceiling. District Court Enters Permanent Injunction Against Brooklyn Fish Processor, United States v. Gold Star Smoked Fish Corp., et al. For more information, see the press release issued August 22, 2018. Clients made monthly payments expecting the money to go toward settlements. Each defendant was charged with conspiracy to commit mail and wire fraud and at least one substantive count of mail fraud. Suit Filed Against California Telemarketer to Halt Unlawful Robocalls Promoting Solar Panel SalesUnited States v. KFJ Marketing et al.Press Release Robinson also was ordered to pay $320,797.82 in restitution to the victims of the scheme. Sentencing will be held in Austin, Texas, before Judge Pitman. Before trying a Civil case the judge will read the relevant case papers and becomes familiar with their details. A noncriminal lawsuit, usually involving private property rights. Under the Federal Food, Drug, and Cosmetic Act, the failure to follow cGMP renders drugs manufactured under such conditions adulterated. Government Files Complaint for Permanent Injunction Against New Jersey Maker of Ultrasound Gels United States v. Pharmaceutical Innovations Inc. and Charles Buchalter; Pharmaceutical Innovations, Inc. v. U.S. Food & Drug Admin; United States v. Becker et al., On April 7, 2020, Pentax Medical Company entered into a deferred prosecution agreement in which it agreed to pay $43 million in criminal fines and forfeiture for violating the Federal Food, Drug, and Cosmetic Act. Blue Bell Creameries Pleads Guilty in Ice Cream Listeria Contamination Case, United States v. Blue Bell Creameries The complaint alleged the schemes targeted the elderly and generated approximately $4.8 million in annual victim losses. Victims banks reversed only approximately half of these charges, and Long succeeded in stealing more than $11 million. Marks also arranged for other U-Turn sales representatives to serve as phony references during his attempted sales, and Marks served as a phony reference for other sales representatives. Sentencing will be held in U.S. District Court in Austin, Texas. The verdict was the first ever in an action to enforce the Telemarketing Sales Rule and Do Not Call Registry rule. Justice Department and State Partners Secure Nearly $864 Million Settlement With Moodys Arising From Conduct in the Lead up to the Financial CrisisIn re: Moodys Investors Service Inc. Press Release The complaint and consent decree follow FDAs July 2019 administrative decision to suspend the defendants food facility registration. Defendants Plead Guilty in USP Labs Dietary Supplement Scheme; Sentencings Set for August 2019United States v. USP Labs, Press Release As part of the permanent injunction, the district court ordered equitable disgorgement with refunds to consumers to be administered by a court-appointed special master. United States Seeks Temporary Restraining Order Against Fraudulent Online Stores Purporting to Sell COVID-19 Health and Safety Products United States v. Thu Phan Dinh, et al. Tex.). Lledo is the third defendant to plead guilty in connection with the scheme. Fla.). On December 14, 2015, the district court entered a consent decree against the Correia Farm Limited Partnership d/b/a Wynsum Holsteins, a dairy farm located in West Addison, Vermont, and its co-owners Anthony and Barbara Correia and their son and limited partner Stephen Correia, to prevent violations of the federal Food, Drug and Cosmetic Act (FDCA). The government also alleged that as part of an FDA inspection of UM Research in 2017, Palacio made a signed statement to the FDA in which she knowingly and falsely claimed that a particular clinical trial subject had participated in the trial when in fact that subject had not so participated. Civil Penalty and Permanent Injunction Entered Against Dr. Reddys Laboratories, Inc. Related to Child-Resistant Drug PackagingUnited States v. Dr. Reddys Laboratories, Inc.Press ReleaseDocket Number: 3:17-CV-13219 (D.N.J.). Cal. 18-1785 (7th Cir.) Tex.). United States v. WeCare Pharmacy, et al. Mich.). In pleading guilty, Akinyoyenu admitted that he paid a doctor to review thousands of prescription drug orders for a small fee per order. Court Permanently Enjoins New York Company from Distributing Adulterated and Misbranded Dietary SupplementsUnited States v. Riddhi USA, Inc., et al.Press Release On August 12, 2020, Andrea Burrow pleaded guilty to conspiracy to commit mail fraud based on her participation in a scheme that cheated victims, many of whom were elderly and vulnerable, out of more than $10 million. On Feb. 21, 2018, Sherry Gore was charged with conspiring to use a false name in connection with a fraud scheme for her role collecting money for a long-running psychic mail fraud scam. The questions presented are: "(1) Is time spent on an employer's premises in a . In a 2018 complaint, the United States alleged that the defendants distributed Zylast products in violation of the Federal Food, Drug, and Cosmetic Act. On May 20, 2015, the United States filed a criminal Information against ConAgra Grocery Products LLC, a subsidiary of ConAgra Foods Inc., alleging that the company introduced peanut butter contaminated with salmonella into interstate commerce in 2006. The Dutch authorities also took control of the Dutch postal boxes used by the defendants to receive victim funds. The court found that each of the defendants had violated the FDCA in the past, and that the court had scant assurance that defendants would comply with food safety laws going forward. Kimura would deposit some of those money orders into his own bank account and forward the rest to others participating in the scheme. MediNatura v. FDA, Ltd., Aurora Jouffroy-Brandtner, Chantal Seguy, Marion Elchlepp, Macromark, Inc., Mary Ellen Meyer, Mail Order Solutions India Pvt. Jeffrey Lyn Savarese II, 36, was sentenced to 15 months incarceration and ordered to pay $320,000 in restitution. According to the complaints, the CPSC collected dozens of samples of non-compliant toys and other childrens products from the defendants facilities and import shipments. Smith created phony water purification and wastewater treatment businesses in order to obtain sodium chlorite and ship his MMS without being detected by the FDA or U.S. Customs and Border Protection. FKOL also agreed to implement a compliance and ethics program designed to prevent, detect, and correct violations of U.S. law relating to FKOLs manufacture of cancer drugs intended for terminally ill patients. Under the order, the defendants may not prepare, process, manufacture, pack and/or hold FDA-regulated food products until they can ensure that L. mono is not present in their facility and their food, and until they have received FDAs written determination that their manufacturing practices comply with the law. Employee of Chinese Chemical Supplier Sentenced in Scheme to Sell Mislabeled Dietary SupplementsUnited States v. GaoPress Release ConAgra Pleads Guilty to Shipping Contaminated Peanut Butter; Agrees to Pay Record Criminal FineUnited States v. ConAgra Grocery Products, LLC Press ReleaseDocket Number: 1:15-CR-0024-WLS-TQL (M.D. The Second Circuit rejected that argument, holding that [f]raudsters may not escape criminal liability for lies told to induce gullible victims to make worthless investments by inducing them to sign a contract containing disclaimers of reliance.. The FDA had specifically refused Acclarents request to clear the Stratus for marketing as a drug delivery device without further submissions to support that use. Fla.). On October 8, 2019, Angel Armando Adrianzen was charged with conspiracy to commit mail fraud and wire fraud, five counts of wire fraud, five counts of mail fraud, and four counts of extortion in connection with an alleged scheme operated by a transnational criminal organization. The conflict started with an Amazon contract. The government presented evidence, collected over nearly a decade, that the defendants violated current good manufacturing practice regulations by, among other things, failing to ensure that finished batches met specifications or to conduct appropriate tests to verify the identity of ingredients. Bearden, the former compliance director of Pharmakon Pharmaceuticals, Inc. (Pharmakon), of Noblesville, Indiana, pleaded guilty in November 2017 to conspiracy and nine counts of adulterating drugs. U.S. District Judge Louis Guirola Jr. sentenced Oscar M. Baine, 42, to 36 months incarceration and ordered him to pay $619,200 in restitution. The governments complaint alleges that the pharmacies and pharmacists violated the Controlled Substances Act ("CSA") by filling numerous prescriptions for controlled substances outside the usual course of professional practice and in violation of the pharmacists corresponding responsibility to ensure that prescriptions were written for a legitimate medical purpose. Sentencing is set for March 26, 2019. On May 25, 2018, the district court entered a consent decree of permanent injunction against Michel G. Blanchet, permanently enjoining the defendant from preparing, processing, and distributing fish or fishery products that are adulterated under the Food, Drug, and Cosmetic Act. Contrary to these agreements, Turner sold the drugs to drug wholesalers at higher prices. Va.). The money laundering was in connection with an international lottery fraud scheme involving co-conspirators in Florida and Jamaica. On April 28, 2021, Nepthali Luna and his son, Devon Luna, pleaded guilty in connection with their roles in a scheme to sell used, high-mileage vehicles with false, low mileage readings entered on the vehicles odometers, titles, and odometer disclosure statements. The named defendants include direct mailers, printers, a cager, and a data manager who created and maintained lead lists. Types of Civil Cases Personal Injury Tort Claims The complaints alleged that the defendants imported childrens products containing, among other things, lead, phthalates, and small parts that posed a choking hazard for children under the age of three. Docket Number: 1:16-CV-5264 (E.D.N.Y.). Download Civil Church Law Cases full books in PDF, epub, and Kindle. Docket Number: 1:16-CR-0021 (S.D. Docket Number: 1:19-CR-00016 (W.D. B. Braun Medical Inc. Agrees to Resolve Criminal Liability for its Sale of Contaminated SyringesUnited States v. B. Braun Press Release. United States v. Scilabs Nutraceuticals, Inc. and Paul P. Edalat, United States v. New York City Fish, Inc., Maxim Kutsyk, Pavel Roytkov, and Leonid Staroseletesky. Ga.). For more information, see the Press Release dated May 1, 2020. United States v. Bacaner, et al., The injunction permanently enjoins the defendants from distributing unapproved, misbranded, and adulterated drugs in violation of the Food, Drug, and Cosmetic Act. On December 19, 2019, Judge Chhabria of the Northern District of California granted the governments motion for judgment on the pleadings (and denied Plaintiffs motion for judgment as a matter of law) as to three claims in a challenge by several environmental and food safety advocacy groups to FDAs approval of a genetically engineered salmon that will be sold as food, and FDAs guidance pertaining to such approvals. Chicago Dietary Supplement Companies Ordered to Comply with FDCA United States v. Global Marketing Enterprises, Inc., et al.Press Release Docket Number: 2:18-CR-0046 (E.D.N.Y.). The callers claimed that victims owed thousands of dollars in fines, and threatened victims with supposed court proceedings, negative marks on credit reports, imprisonment, and deportation. Fla). Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Claude Shaw Press Release Docket Number: 2:16-CV-1643 (C.D. Docket Number: 2:13-CR-0120 (E.D.N.Y.). Long used the proceeds of his fraud scheme to purchase a ranch in Texas, three airplanes, cars, buses, ATVs, and a fire truck, as well as to pay other personal expenses. Fla.); 5:16-CV-0577 (M.D. Docket Number: 19-CR-0282 (D. Reyes is charged with importation of drug paraphernalia, conspiracy to violate the Controlled Substances Act, and smuggling. Evidence at trial showed Cadden directed and authorized the shipping of contaminated MPA that caused the outbreak.Cadden also authorized the shipping of other drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, compounded drugs with expired ingredients, and employed an unlicensed pharmacy technician. She later received $32,500 in cash from an undercover officer pretending to be the victim from Maryland, and was promptly arrested. According to the complaint, a 2016 FDA inspection of the defendants manufacturing facility also revealed that the defendants failed to establish specifications for the identity, purity, strength, and composition of their finished products or the components in their products. Vendstar sales representatives with the knowledge and encouragement of Weaver and other managers misrepresented the businesses likely profits, how its past customers were doing, the availability of high-profit locations, and the services that locating companies would provide. The group sought public access to the supply of hydroxychloroquine maintained in the Strategic National Stockpile, and alleged that the EUA violated the APA, the First Amendment, and the Fifth Amendment supposedly by curtailing physicians ability to prescribe hydroxychloroquine for COVID-19. Three other individuals Patti Kern, Edgar Del Rio, and Sean OConnor pleaded guilty to conspiracy to commit mail fraud in 2019. Wall previously pleaded guilty to one count of conspiracy to violate the Federal Food, Drug, and Cosmetic Act (FDCA). 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