Docket Numbers: 15-cr-20471 (S.D. Modified versions of the Soviet legal system operated in many Communist states following the Second World War including Mongolia, the People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and . Lledo is the third defendant to plead guilty in connection with the scheme. Tex.). 18-cr-20506 (S.D. Ryan also agreed to forfeit $316,153, the sum of money he was paid by RX Limited. The money laundering was in connection with an international lottery fraud scheme involving co-conspirators in Florida and Jamaica. 8:21-cv-00391 (M.D. Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. In total, 15 defendants named in a November 2018 complaint now have been permanently enjoined from engaging in fraudulent mailings. Flipboard. Cal. The complaint also alleged that the defendants illegally distributed unapproved new drugs based on labeling claims that certain products treated diseases such as HIV and Alzheimers. Docket NO. Canadian Men Charged in Alleged Mass-Mailing Elder Fraud Schemes United States v. Quaglia et al. McLaughlin was a former customer service specialist at the Motor Vehicle Department of the Georgia Department of Revenue. Docket Number: 1:19-CV-02184 (D.D.C.). Tex.). Press Release A copy of the Court Order is available. On August 9, Bryan DAntonio pled guilty to conspiracy to commit mail and wire fraud for his role as owner and operator of Rodis Law Group and Americas Law Group, bogus law firms that purported to offer struggling homeowners assistance obtaining loan modifications. A company without a food facility registration cannot distribute any food products. District Court Finds Websites to be Labeling Under FDCA in Denying Motion to Dismiss Enforcement ActionUnited States v. Innovative BioDefense, Inc. et al. The indictment alleges that Adrianzen provided payment processing and shipping services for the call centers, knowing that they used fraudulent and extortionate means to extract money from victims. Apr 14, 2023, 8:00pm PDT. The injunction, which will last for at least five years, follows an October 20, 2015 order in which the court granted the governments motion for summary judgment, finding that the defendant company, Serra Cheese, was adulterating cheese products under the Food, Drug, and Cosmetic Act. On June 29, Ronald Rodis pled guilty to conspiracy to commit mail and wire fraud for his role in Rodis Law Group, a bogus law firm that purported to offer struggling homeowners assistance obtaining loan modifications. Ind.). The consent decree requires the defendants to establish and implement a quarantine or segregation system that ensures ready distinction between medicated and unmediated animals and that prevents defendants from selling or delivering for food slaughter any animals with illegal new animal drug residues in their edible tissues. Tex.). 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. In 2012 and 2013, Burnett bought high-mileage used cars, altered the mileage on the titles, rolled back the odometers, obtained new titles with false low mileages, and sold the cars to unsuspecting dealers. The questions presented are: "(1) Is time spent on an employer's premises in a . On May 1, 2020, the United States filed a criminal information and plea agreement resolving charges that Texas-based ice cream manufacturer Blue Bell Creameries shipped listeria-contaminated products in 2015. In a complaint filed with the consent decree on May 4, the United States alleged that the defendants processed and packed fish and fishery products under chronic insanitary conditions, as demonstrated by the presence of the pathogenic bacteria L. mono in defendants Brooklyn facility and in their ready-to-eat products. Some victims were threatened with negative marks on their credit reports, imprisonment, or deportation. Rodis was paid for the use of his law license in an effort to lend legitimacy to the operation. Docket NO. On March 6, 2019, the court unsealed the guilty pleas of two defendants as well as an 18-count indictment against a third individual alleged to have operated a massive mail-fraud scheme for more than 20 years. Court Enters Preliminary Injunction in Case Involving Silver Products Touted as a COVID-19 Treatment, United States v. Xephyr LLC, et al. Among other requirements, the defendants must establish and implement procedures to ensure a thorough investigation of any unexplained discrepancy or failure in a drug batch, regardless of whether the batch has been distributed. Elmer was convicted of conspiracy and nine counts of adulteration on April 10, 2019, following a jury trial trial. Employee of Chinese Chemical Supplier Pleads Guilty in Scheme to Sell Mislabeled Dietary Supplements United States v. XuPress Release Texas Resident Pleads Guilty to Illegal Importation of Counterfeit Vaping Products. The court also observed that even if it had jurisdiction to consider plaintiffs challenge to the FDA guidance document, the plaintiffs request to enjoin FDA from conducting an enforcement action was an impermissible attempt to test a defense pre-enforcement. Smith was also ordered to pay $12, 500.00 in fines. The indictment alleges that Palacio, who worked as a study coordinator at a clinical research site named Unlimited Medical Research, conspired with others to fabricate data in a clinical trial intended to evaluate asthma treatments in a pediatric population. Such cases are known as civil cases, as opposed to criminal cases, and the legal process is known as civil litigation. On August 31, 2020, four individuals were charged in connection with an alleged clinical trial fraud scheme involving Miami company Unlimited Medical Research. Sixteen other defendants pled guilty. California Hand Sanitizer Distributor Ordered to Stop Marketing Unapproved New Drugs, United States v. Innovative Biodefense, et al.Press Release An FDA inspection performed in August of 2015 revealed the presence in the facility of Listeria Monocytogenes, a bacterium that poses a significant risk to public health. Shaw pleaded guilty on March 22 to one count of mail fraud in connection with his role in the scheme. Tex.). When contacted by prospective victims, the conspirators used false and fraudulent promises and documents regarding the puppies, shipping fees, and coronavirus exposure to extract payments. Defendant Pleads Guilty in Alleged $174 Million Health Care Fraud Scheme. Laboratories, a California dietary supplement manufacturer, pleaded guilty on February 25 to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce. Fla.). District Court Enters Permanent Injunctions Against Two New York Companies Banning the Importation of Dangerous ToysUnited States v. Everbright Trading, Inc. et al. 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. The defendants agreed to be bound by a consent decree of permanent injunction filed with a complaint in November 2019. The complaint also alleged that the companies manufactured and/or distributed a number of dermatological products that were not approved by the FDA. Yabe pled guilty to one misdemeanor violation of the Federal Food, Drug, and Cosmetic Act. South Dakota Man Pleads Guilty in QLasers Medical Device ScamUnited States v. Ronald D. Weir, Jr. Press Release Docket Number: 2:16-CV-1643 (C.D. On August 14, 2018, Xu Jia Bao (a/k/a Fred Xu) pleaded guilty to wire fraud in connection with a scheme to sell mislabeled dietary supplements containing hidden synthetic stimulants. On February 6, 2019, the district court entered a consent decree of permanent injunction against Raniers Rx Laboratory Inc., d/b/a Raniers Compounding Laboratory, and its owner, Francis H. Ranier. On July 5, 2017, the district court entered a consent decree of permanent injunction against Medistat RX, LLC, a compounding pharmacy, and three individual defendants: Mark D. Acker, who served as its Chief Executive Officer, Timothy L. Fickling, who served as its Production Manager, and V. Elaine Waller, who served as its Pharmacist-in-Charge and Quality Manager. Ala.). Foo Yuan, which is based in Long Island City, New York, prepares, packs, holds and distributes refrigerated and frozen ready-to-eat fish balls, fried fish cakes and fried fish balls. According to the information, Bencosme and her co-conspiratorsincluding Bencosmes medical practice receptionist, Maytee Lledo, and two UM Research study coordinators, Jessica Palacio and Lisett Raventosfabricated 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 as required. 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. On January 8, 2020, Lawrence B. Ryan pleaded guilty in the Eastern District of Virginia, Norfolk Division, to one count of conspiracy to unlawfully distribute controlled substances and to introduce into interstate commerce misbranded drugs with intent to defraud or mislead. Court Enters Temporary Restraining Order Against Fraudulent Online Stores Purporting to Sell COVID-19 Health and Safety ProductsUnited States v. Thu Phan Dinh, et al. On July 12, 2016, the government filed criminal informations against two individuals, charging each with one misdemeanor count of introducing an unapproved new drug into interstate commerce in violation of the federal Food, Drug and Cosmetic Act (FDCA). This is called "remote access Ga.), District Court Rules for Government in Action Against Cheese Manufacturer, Docket Number: 2:14-CV-13077 (E.D. Case No. According to the CDC, several of the Maryland patients reported having eaten soft or semi-soft cheeses in the month before becoming ill. On March 11, 2014, the Food and Drug Administration suspended Roos food facility registration after determining there was a reasonable probability that food manufactured, processed, packed, or held by Roos would cause serious adverse health consequences or death to humans. 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 November 4, the United States filed an injunction action against Scilabs and Edalat seeking this relief. 2:18-cr-133 (E.D. Docket Number: 0:18-CV-61047 (S.D. For example, lawsuits involving breach of contract, probate, divorce, negligence, and copyright violations are just a few of the many hundreds of varieties of civil . 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. 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. ), Docket Number: 3:12-CR-922 (D.P.R. Court Denies Drug Companys Motion for Emergency Relief in Case Involving Challenge to FDAs Drug Withdrawal Determination. However, as of early 2017, the defendant had not brought any purchase offers to the court, and he continued to owe more than $2.8 million. Florida Company Enjoined from Distributing Misbranded and Adulterated Medicated FeedsUnited States v. Syfrett Feed Company, Inc., et al.Press Release In pleading guilty, Brown admitted that he exploited his position as an electronic health records administrator to steal the personal identifying information of thousands of servicemembers and veterans, and then sold the data to co-conspirators based in the Philippines and the United States. According to the indictment, victims who paid fees received no cash prizes, while Quaglia, Fraser, and their co-conspirators pocketed the money. Business Formation. The complaint alleged that defendants had a history of processing food products under insanitary conditions. The Civil Rights Cases of 1883. Fla.). a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to the plaintiff and that the defendant's breach of duty caused financial or personal injury to the plaintiff. Smith sold a product called Miracle Mineral Supplement, or MMS, over the Internet. According to the indictment, Reyes then took these shipments to a Dallas vaping shop, where the counterfeit cartridges would be filled and passed off to the public as legitimate THC vaping paraphernalia. The defendants then caused the vehicles odometers and titles to reflect false, low mileages, and they sold the vehicles for inflated prices to unwitting consumers. 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. Docket Number: 1:17-CR-10288 (D. Docket Number: 0:17-CV-21659 (S.D. The permanent injunction entered by the court enjoins the defendants from making various claims in any advertisements, solicitations, or promotional materials sent through the mail, including a ban on any advertisements on behalf of any actual or fictional individual or entity purporting to offer psychic, clairvoyant or astrological items or services for a fee. Va.). Defendants in a civil case don't have the right to an . Docket Number: 2:20-cv-279 (D. Utah). After these infections, all of B. Brauns syringes manufactured by AM2PAT were recalled. Defendants in USP Labs Dietary Supplement Scheme Set for Sentencing in July/August 2020United States v. USP Labs, Press Release Cal.) Court Denies Indiviors Motion to Dismiss Indictment in Suboxone Case, United States v. Indivior, Inc. Docket Number: 1:20-cr-104 (E.D.N.Y.). Peruvian Man Sentenced to 100 Months Imprisonment for Overseeing Call Centers that Threatened and Defrauded American Consumers United States v. Hidalgo The permanent injunction extends a preliminary injunction that halted the scam and shut down two websites used to legitimize the scheme, www.fortune500sweepstakes.com and www.fraudprotectionagency.com. Permanent Injunction Entered Against Seller of Dietary SupplementsUnited States v. Bethel Nutritional Consulting, Inc., Felix Eamirez, and Kariny Ramirez, Press ReleaseDocket Number: 2:15-CV-8046 (D.N.J.). In a complaint filed July 27, the United States alleged that inspections at Isomeric revealed a number of insanitary conditions, including the presence of several types of microorganisms in the air and on surfaces used for sterile processing, as documented by the companys own records. Juxtapid was approved to treat patients with homozygous familial hypercholesterolemia (HoFH), a rare genetic disorder that causes abnormally high levels of LDL-C, or bad cholesterol. L. mono is food-borne bacteria that can cause serious illness or even death in consumers. Docket Number: 4:20-cv-46 (W.D. A civil court is a court of law that handles various types of civil cases. Cal.). A civil lawsuit is a legal process by which a person or entity can hold another person or entity liable for some wrong, injury, or damage. The consent decree requires Neptune to cease all manufacturing operations and requires that, in order for defendants to resume distributing seafood products, the FDA first must determine that Neptunes manufacturing practices have come into compliance with the law. The complaint charges that the defendants violated the Telemarketing Sales Rule (TSR) by operating a telemarketing campaign that delivered pre-recorded robocall messages warning consumers about a purported looming 14 percent increase in their energy bill. For more information, please visit Maven Infotech - The Summons and Complaint. If your court offers it, look at electronic records over the internet. 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. Mo.). 1, 2018, filed a motion seeking a preliminary injunction against Cantrell Drug Company and its co-owner and Chief Executive Officer, James L. McCarley, Jr., to stop the manufacturing and distribution of adulterated drugs. 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. The government argued that profits from RX Limiteds drug sales funded Lerouxs other alleged criminal enterprises, including arms trafficking, weapons development for Iran, and cocaine trafficking. Docket Number: 1:19-CR-20658-RNS (S.D. The court previously entered a default judgment against the entity and two principals located in the United States. As part of his plea agreement, Romeo admitted the fraud loss caused by the scheme was between $7 million and $20 million. According to the governments complaint in the case, the defendants perpetrated a wire fraud scheme by creating websites portrayed as online stores offering products for sale to American consumers, including health and safety related items such as hand sanitizer and disinfecting wipes that have become scarce during the COVID-19 pandemic. Among other findings, the Court agreed with the government that statements of recommended uses published on company websites can be labeling under the FDCA pursuant to the Supreme Courts seminal 1948 decision in Kordel v. United States. Frappier was in charge of PacNets Marketing and Client Services departments, and Kelly oversaw PacNets Compliance Department. The Statement of Facts also addresses Moodys failure to adhere to its own published standards when rating RMBS and CDOs. Allen's co-conspirator falsely informed the victim by phone that the victim had won money in a lottery, and instructed the victim to make payments to various people in order to collect the purported lottery winnings. );1:14-CR-10 (S.D. Docket No. The government alleged 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. On August 29, 2019, the district court entered a consent decree of permanent injunction against Topway Enterprises, Inc., d/b/a Kazys Gourmet, a Houston, Texas company that processes and distributes ready-to-eat raw fish, and its principals, Jeff Liao, Ying Chen, and Adwin Liao. Savarese admitted he performed at least 200 of the rollbacks for Baine. On August 30, 2018, the district court granted the governments motion for default judgment and entered an order of permanent injunction against S Hackett Marketing LLC d/b/a Just Enhance, R Thomas Marketing LLC, Shawn Hackett, and Roger Thomas. View Complaint. The $36 million global resolution relates to the medical device LC Bead, which is used to treat liver cancer. Jury Convicts Defendants in Medical Device CaseUnited States v. William Facteau and Patrick FabianPress ReleaseDocket Numbers: 1:15-CR-10076 (D. On March 31, 2014, the U.S. District Court for the Eastern District of New York entered an injunction against New York City Fish, Inc., a manufacturer of ready-to-eat fishery products, including smoked salmon and mackerel, and three of its employees: Maxim Kutsyk, Pavel Roytkov, and Leonid Staroseletesky. Crawford admitted that he recruited at least 30 individuals to serve as money mules to receive funds stolen from servicemembers and veterans, and that he arranged to remit stolen funds to other co-conspirators in the Philippines. 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. Va.). However, according to a criminal Information filed Sept. 22, 2017, Aegerion failed to give health care providers complete and accurate information about HoFH and distributed Juxtapid as a general treatment for high cholesterol without adequate directions for such use. The defendants included direct mailers who organized the scheme, mailing list managers, cagers who opened and processed victim returns, and payment processors. The hearings will be held in Dallas before U.S. District Judge Sam A. Lindsay. Press ReleaseDocket Number: 1:16-CV-0348 (S.D. The complaint further alleges that the defendants mail thousands of solicitations to potential victims throughout the United States and have grossed more than $1 million since 2016. He admitted he had no face-to-face contact with customers, who themselves chose the type, strength, and quantity of drugs they ordered. Trial is set to begin in Abingdon, Virginia on May 11, 2020. On February 12, 2020, Angel Armando Adrianzen pleaded guilty to two counts of possession of child pornography. Docket Number: 1:16-CR-20821 (S.D. On September 25, 2015, the district court entered a consent decree of permanent injunction against Sunset Natural Products Inc., and the firms co-owners, Dr. Teresa Martinez (a.k.a Dr. Teresa Martinez-Arroyo) and Elsy Cruz, stopping them from violating the Food, Drug, and Cosmetic Act by manufacturing and distributing adulterated dietary supplements. Despite the fact that the company had told the FDA that the Stratus was intended to maintain an opening to a patients sinus, Facteau and Fabian launched the product intending it to be used as a steroid delivery device. The complaint filed in the case alleges that Art Masters LLC, which does business as Palm Beach Liquidation Gallery, and its principal, Eugene Marotta, of Fort Lauderdale, Florida, and William Clutter, doing business as Edge Graphics of North Las Vegas, Nevada, committed mail fraud in connection with their scheme. Blue Bell Creameries Sentencing Date Set in Listeria Contamination Case, United States v. Blue Bell Creameries Bobga was charged in June 2020 for his alleged role in a years-long consumer scam. On May 20, 2015, the United States filed a criminal Information against ConAgra Grocery Products, alleging that the company introduced salmonella-contaminated Peter Pan peanut butter into interstate commerce during the outbreak. According to the complaint, FDA inspections performed in 2012, 2013 and 2014 revealed that the companys dietary supplements are adulterated within the meaning of the Food, Drug, and Cosmetic Act because the company failed to follow various requirements, including testing its dietary ingredients to verify their identity before using them. Link Copied! In a complaint filed in March 2019, the government alleged that the defendant uses telemarketers who, posing as computer technicians, contact unsuspecting consumers and falsely inform them that their computers have serious problems; the telemarketers then falsely tell consumers that the problems are resolved and then demand payment on one or more occasions for purported technical-support services. Many of the victims were elderly. Judges have latitude when it comes to how they write their opinions and some run with it. (respectively). On July 9, 2020, U.S. District Judge Orlando L. Garcia sentenced Trorice Crawford to 46 months imprisonment for his role in an identity theft and fraud scheme that targeted U.S. servicemembers and veterans. In pleading guilty, Turner admitted that to obtain prescription drugs at discounted prices, she agreed that the pharmacies she operated would not sell the drugs wholesale and would use the drugs only for the pharmacies own use, such as filling prescriptions. 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. The firm sold their soups to various distributors after receiving seafood from other states including Florida. Postal Service mail carrier who resigned under reprimand after refusing to work on Sundays. For example, here's how Justice Goldberg (a federal appeals court judge in Texas) began his 1986 opinion in. Cyril Willson, who helped to formulate the companys products, and Mathew Hebert, one of the owners of USP Labs, pleaded guilty to introducing misbranded food into interstate commerce with the intent to defraud or mislead. 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