Docket Number: 3:16-CR-0224 (W.D.N.C.). In pleading guilty, Bencosme admitted that she, as principal investigator at Unlimited Medical Research, 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, as required. The decrees against Hill and Woods were entered on February 26, 2016, and June 27, 2016, respectively. Simultaneously with the filing of this action, Dutch law enforcement agents executed search warrants on the business address used by both companies and on Dekker’s home address. Docket Number: 5:17-CR-50020-KES (D.S.D/8th Circuit). Florida Company Enjoined from Distributing Misbranded and Adulterated Medicated FeedsUnited States v. Syfrett Feed Company, Inc., et al.Press Release The decision was the culmination of eight years of litigation and a five-week trial arising out of an investigation by the Federal Trade Commission into Dish’s violations of the FTC’s Telemarketing Sales Rule. Court Enters Permanent Injunction Against New York Creamery Linked to Deadly Listeria OutbreakUnited States v. Vulto Creamery et al.Press Release The injunction requires the defendants to hire a sanitation expert, develop a written pathogen control and monitoring program, and retain a qualified independent laboratory to gather and analyze environmental samples from Serra Cheese’s facility. ); 5:16-CR-0022 (M.D. §§ 331(d) and 333(a)(2). 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.). Basnight also was ordered to pay approximately $400,000 in victim restitution. 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. Fla.). The Court also denied two motions to intervene in the case by a data privacy advocacy group and a private individual. A copy of the Court Order is available. In this appeal, he argued that the sentence was substantively unreasonable given, among other things, his age and health, and his non-citizenship concerns. Docket Number: 6:18-CV-0389 (M.D. 2:21-cr-20 (D. Nev.). In order for the defendants to resume food production, the FDA first must determine that their manufacturing practices have come into compliance with the law. The Court sentenced Roos to pay a fine of $100,000. On October 21, 2019, the District Court permanently enjoined two additional defendants in connection with three prize promotion schemes that primarily impacted elderly or vulnerable victims. Two Georgia Defendants Sentenced in Odometer Fraud ConspiracyUnited States v. Rojen Burnett and Amber McLaughlinPress Release The Court found that Dish and various “retailers” the company hired to market its products and services made millions of telemarketing calls to phone numbers on the National Do-Not-Call Registry, calls to persons who asked sellers not to call them, and illegal robocalls. Docket Number: 15-14400 (11th Cir.). These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Docket Number: 19-CR-0282 (D. A preliminary injunction hearing is scheduled for December 3, 2018. 2:19-cv-3073 (E.D.N.Y.). District Court Enters Permanent Injunction Against Eastern Michigan Seafood and Salad Processor Ninth Circuit Affirms Conviction in Miracle Cure CaseUnited States v. Louis Daniel SmithPress Release Docket Number: 0:18-CV-61047 (S.D. Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Felecia Roxanne Lindo Article III, Section 1, of the Constitution establishes the judicial branch of the federal government, stating that “the judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” These courts are supposed to serve as guardians of the Constitution and federal statutes. Both defendants were also sentenced to one year of supervised release following their imprisonment and a $5,000 fine. The crimes with no statute include: The vast majority of other federal crimes must be prosecuted within five years from the time they were committed. The entry of the permanent injunction resolves the litigation. On June 24, 2019, Michael Carey Eubank pleaded guilty in the Eastern District of Virginia to one count of conspiracy to commit odometer tampering. Elderly victims of the scheme were contacted and falsely told that they had won millions of dollars in a lottery or sweepstakes. Baxter Healthcare Corporation Agrees to Pay More Than $18 Million for Failing to Follow Good Manufacturing PracticesUnited States v. Baxter Healthcare Corporation Press ReleaseDocket Number: 1:17-CV-0015 (W.D.N.C.). The government alleged that between 2013 and 2018, the scheme brought in millions of dollars from victims, many of whom were elderly or vulnerable, without paying the promised cash prizes to anyone. All Rights Reserved. Docket Number: 1:19-cv-2184 (D.D.C.). 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 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. growth and toxin formation in susceptible fish and fishery products. Mich.). Victims sent money to mailboxes located in the United States and received no cash prizes. In pleading guilty, Gali admitted that from 2006 through 2011, he and his brother, Chaim Gali, devised a scheme to defraud consumers by misrepresenting the mileages of used vehicles. Chief Executive Officer and Manager of Fraudulent Business Opportunity Seller Sentenced to PrisonUnited States v. Edward WeaverPress Release Under the Federal Food, Drug, and Cosmetic Act, the failure to follow cGMP renders drugs manufactured under such conditions adulterated. Docket Number: 2:20-cv-6692 (C.D. Hermoza and the other callers told victims that they must immediately pay “settlement fees” to avoid these consequences. The complaint further alleged that several of the defendants’ products were misbranded under the FDCA, in that many of the product labels did not list all ingredients or indicate the correct serving size. During the last five years it was open, Vendstar made approximately $62 million in sales. Cal. The order further requires the defendants to have the independent laboratory test their cheese products for the presence of Listeria, E. coli, and other bacteria. Court Denies Drug Company’s Motion for Emergency Relief in Case Involving Challenge to FDA’s Drug Withdrawal Determination. Ltd., which also does business as Maven Info Tech Ltd., Ozemio Inc., OZM, Urgent Tech Help, and UTH, is violating, or is about to violate” the federal wire fraud statute, 18 U.S.C. 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. On February 6, 2019, the district court entered a consent decree of permanent injunction against Ranier’s Rx Laboratory Inc., d/b/a Ranier’s Compounding Laboratory, and its owner, Francis H. Ranier. According to the complaint filed in the case, the defendants manufactured and distributed adulterated dietary supplements not prepared in compliance with current good manufacturing practices. On February 22, 2019, Judge David Carter denied defendants’ motion to dismiss the United States’ complaint, finding that statements on websites can constitute drug “labeling” under the Food, Drug, and Cosmetic Act (FDCA). Sentencing will be held in Austin, Texas, before Judge Pitman. ACell further admitted that it did not notify doctors who already had purchased or used contaminated MicroMatrix about the removal. On Jan. 18, 2018, the district court entered a consent decree imposing a $5 million civil penalty and a permanent injunction against Dr. Reddy’s Laboratories, Inc., a pharmaceutical company, to resolve a complaint that the company violated the Consumer Product Safety Act. Xu, a Chinese national, was the principal at a Chinese company that regularly supplied ingredients to American dietary supplement makers. On February 5, 2021, Maytee Lledo pleaded guilty to conspiracy to commit wire fraud in connection with an scheme to falsify clinical trial data. On September 15, 2017, Shashana Stacyann Smith was sentenced to serve 24 months in prison related to her role in a fraudulent lottery scheme based in Jamaica. Both men pleaded guilty in July 2019 to conspiracy to alter odometers. Weir continued to distribute QLasers even after being enjoined by a federal court in January 2015. After numerous warnings in 2013, 2014 and 2015, NAE has still failed to take adequate steps to improve its manufacturing practices of its ready-to-eat refried beans and sauces. The injunction follows a temporary restraining order entered on allegations that the defendants sent fraudulent notifications to consumers promising large cash prizes pending payment of small fees. Docket Number: 2:17-CV-072773 (C.D. Chlorine dioxide, most commonly used as an industrial bleach, is a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. United States v. Becker et al., In particular, the court found that because hydroxychloroquine remains an FDA-approved and commercially available drug, physicians are free to prescribe it, and any objections by state medical   boards to the use of hydroxychloroquine to treat COVID-19 are not traceable to FDA or HHS. Shaw pleaded guilty on March 22 to one count of mail fraud in connection with his role in the scheme. 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. Fla.). According to the information, Dr. Bencosme served as the principal investigator for a clinical trial conducted at Unlimited Medical Research intended to investigate the safety and efficacy of an experimental asthma medication in children between the ages of four and eleven. Indivior Inc. Indicted for Fraudulently Marketing Prescription OpioidUnited States v. Indivior Inc. Press Release Edward Morris “Ned” Weaver, who was Vendstar’s president and CEO from 2004-2010, was sentenced to 60 months in prison. Sales staff routinely lied to homeowners, stating that the firms had a team of experienced attorneys, a long track record and a very high success rate. On March 28, 2018, the district court entered a consent decree of permanent injunction against Riddhi USA, Inc., and its owner and president, Mohd M. Alam, permanently enjoining the defendants from manufacturing and distributing dietary supplements that are adulterated and misbranded under the Food, Drug, and Cosmetic Act. The dealers, in turn, sold them to consumers. The Court granted summary judgment in favor of the government in January. Justice Department and State Partners Secure Nearly $864 Million Settlement With Moody’s Arising From Conduct in the Lead up to the Financial CrisisIn re: Moody’s Investors Service Inc. Press Release The injunction requires the defendants to destroy dietary supplements that are in their possession and implement several consumer safety measures before resuming the manufacturing or distributing of dietary supplements. Ga.). The first complaint was filed against US Stem Cell Clinic, LLC, of Sunrise, Florida, US Stem Cell, Inc., and company officers Kristin Comella and Theodore Gradel. The complaint alleges that the defendants, as part of a wire fraud scheme, created 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. Two Pakistani National Sentenced for Conspiring to Illegally Ship Pharmaceuticals into the United StatesUnited States v. Ul HaqPress ReleaseDocket Numbers: 1:12-MJ-00810 (D.D.C.). United States v. Kimura, Case No. On July 9, 2020, U.S. District Judge Kathleen M. Williams granted the government’s motion for default judgment against the Genesis II Church of Health and Healing, along with two of the non-religious entity’s four principals, Jordan Grenon and Jonathan Grenon, who were located in the United States. Cal.). Among other violations of federal law, the defendants made claims about many of their products that rendered the products drugs under the Food, Drug, and Cosmetic Act. FKOL also agreed to implement a compliance and ethics program designed to prevent, detect, and correct violations of U.S. law relating to FKOL’s manufacture of cancer drugs intended for terminally ill patients. District Court Enters Permanent Injunction Against Illinois Caviar Supplier United States v. Mary ParrishPress Release Defendants Sentenced in Texas Prescription Drug Smuggling Ring United States v. Catherine Nix,Tom Giddens, and Wanda HollisPress ReleaseDocket Number: 6:14-CR-49 (E.D. District Court Issues Temporary Restraining Order Blocking Multi-Million Dollar Elder Fraud Schemes United States v. Kafeiti et al. Fla.). Basnight fraudulently obtained new title documents reflecting the false mileages and resold the vehicles at inflated prices. District Court Issues Temporary Restraining Order against Las Vegas Defendants in Direct-Mailing SchemeUnited States v. Kern, et al. In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction that prohibits them from committing violations of the FDCA. Docket Number: 1:20-cr-123 (W.D. The material was found on Adrianzen’s cell phone and laptop computer when government agents executed search warrants on both devices in connection with an unrelated fraud investigation. In a complaint filed the previous day, the United States alleged that the defendants, Xephyr LLC (d/b/a N-Ergetics), Brad Brand, Derill Fussell, and Linda Fussell, sold colloidal silver through their website as a treatment for COVID-19 and other diseases and conditions, such as pneumonia, AIDS, and cancer. Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. Onochie Aghaegbuna; United States v. Jonathan WallDocket Number: 0:13-CR-273 (D. Minn.). Mill Stream Corporation processed and distributed a variety of refrigerated, vacuum-packed, ready-to-eat, cold and hot smoked fish or fishery products such as smoked salmon, trout, and char. Ltd., Dharti Desai and Mehul Desai. Press Release On April 21, 2020, the Department of Justice announced that Chipotle Mexican Grill had agreed to pay a $25 million fine to resolve criminal charges related to foodborne illness outbreaks that sickened more than 1,100 people between 2015 and 2018. Lindo was also ordered to pay $292,900 in restitution. Oshiro has an extensive history of growing, processing, and packaging ready-to-eat mung bean, alfalfa, clover, and radish sprouts under grossly insanitary conditions. In denying Indivior’s motion, the court found the government properly alleged the conduct in the indictment and the question of whether it constitutes fraud should be decided by a jury. The injunction requires the defendants to implement certain remedial measures and obtain written approval from the FDA before resuming any manufacture of drugs or dietary supplements. The district court found that Spectrum and its former subsidiary, Applica Consumer Products Inc., violated the Consumer Product Safety Act by waiting years to inform the Consumer Product Safety Commission (CPSC) of customer reports that handles on Black & Decker-brand coffee carafes suddenly could break and create a burn hazard from hot coffee. A hearing on the government’s motion for a preliminary injunction is set for February 21, 2019. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. 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. R. Civ. Before closing in July 2010, Vendstar made approximately $10 million to $12 million in sales per year. On August 30, 2018, the district court granted the government’s 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. Three Individuals Charged With Distribution of Unapproved DrugsUnited States v. Guy Lyman; United States v. Flor Nutraceuticals, LLC and Guy Lyman; United States v. James Hill; United States v. James Hill d/b/a Viruxo LLC; United States v. Clifford Woods; United States v. Clifford Woods LLC d/b/a Vibrant Life and Clifford Woods Press ReleaseDocket Numbers: 2:16-CR-0124 (E.D. Docket Number: 1:20-cr-123 (W.D. According to the indictment in the case, between 2008 and 2013, USP Labs marketed the highly successful workout supplements Jack3d and OxyElite Pro, which contained a synthetic stimulant known as DMAA. The department filed a complaint in the U.S. District Court for the Central District of California on Nov. 21 alleging that Neptune’s seafood products are produced under conditions that are inadequate to ensure the safety of its products. Mathauda also appealed the court’s denial of his motion to proceed pro se, arguing that he had made a clear and unequivocal request to proceed pro se before his sentencing and that the denial of the motion without a hearing violated his Sixth Amendment right to self-representation. In addition, S.K. This scheme defrauded more than 1 million Americans out of more than $180 million. In addition to the prison term, the court also ordered Crawford to pay $103,700 in restitution. The government also filed civil complaints against these three individuals, all of whom agreed to the entry of consent decrees of permanent injunction. (civil case). In his capacity as a sales representative, Marks also falsely told potential buyers that he and his family operated a profitable candy vending machine route. The defendants manufacture and distribute several varieties of Italian cheeses such as ricotta, provolone, mozzarella, and primo sale. According to the indictment, victims who paid fees received no cash prizes, while Quaglia, Fraser, and their co-conspirators pocketed the money. On November 3, 2016, the CEO and a senior manager of a Long Island, New York, company that fraudulently sold vending machine business opportunities were sentenced to prison. Me.). Smith sold “Miracle Mineral Supplement” or MMS, which he touted as a cure for cancer, AIDS, malaria, hepatitis, lyme disease, asthma, the common cold, and various other diseases. District Court Enters Preliminary Injunctions Against Texas Doctors Who Prescribed Opioids With No Legitimate Medical PurposeUnited States v. Cesar B. Pena Rodriguez, M.D., and Leovares A. Mendez, M.D. Kimura would deposit some of those money orders into his own bank account and forward the rest to others participating in the scheme. The permanent injunction prohibits the defendants from distributing “Miracle Mineral Solution,” an industrial bleach product the defendants touted as a cure for COVID-19 and a plethora of other serious diseases. The defendants agreed to be bound by a consent decree of permanent injunction filed with a complaint in November 2019. Victims never received any lottery winnings. The decree, which permanently enjoins the operation of a mail fraud scheme involving fraudulent direct mail solicitations from purported psychics Maria Duval and Patrick Guerin, was entered against: Canadian company 9097-9394 Québec Inc. dba Infogest Direct Marketing (Infogest); Infogest employees Mary Thanos, Daniel Sousse and Philip Lett, all of Quebec, Canada; Hong Kong corporation Destiny Research Center Ltd.; Destiny Research Center President Martin Dettling of Zurich, Switzerland; Patrick Guerin of France and Maria Duval of France. In pleading guilty, Baine admitted that between 2011 and 2014, he caused the odometers on at least 387 vehicles to be rolled back to false, lower mileages and then sold to unsuspecting consumers from his car lot in Gulfport, Mississippi. 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 Court rescheduled all sentencing hearings in this matter to July and August 2020. The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. Victims never received any lottery winnings and lost more than $150,000. In an order entered May 4, 2020, U.S. District Judge David O. Carter enjoined Innovative BioDefense, Inc., of Lake Forest, California, along with company CEO Colette Cozean and distributor Hotan Barough, from distributing “Zylast” hand sanitizer products until the company removes disease-specific claims from product labeling or obtains FDA approval. A hearing for the defendants to show cause why a preliminary injunction should not issue is scheduled for April 17, 2018. Docket Number: 1:19-CR-20658-RNS   (S.D. On May 2, 2019, U.S. District Judge Robert Lasnik entered a preliminary injunction under 18 U.S.C. 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. Further, because they are prescription drugs, their labels by definition cannot bear adequate directions for use by a layperson. The agreement resolves pending state court lawsuits in Connecticut, Mississippi, and South Carolina, as well as potential claims by the Justice Department, 18 states, and the District of Columbia. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. In pleading guilty, Bearden admitted that she and her co-defendant, Paul J. Elmer, Pharmakon’s former president, lied during multiple FDA inspections about test results concerning under- and over-potent compounded sterile drugs manufactured by Pharmakon and distributed to hospitals nationwide. There are twelve federal circuits that divide the country into different regions. Lytle and another QLaser distributor, Irina Kossovskaia, were indicted earlier this year on related charges of mail fraud, wire fraud, conspiracy, and contempt. On April 4, 2016, the district court issued an order of injunction to halt the distribution of adulterated cheeses. On December 5, 2019, Trorice Crawford of San Diego pleaded guilty to one count of conspiracy to commit money laundering in connection with an identity theft scheme that allegedly targeted servicemembers and veterans. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Through a separate company that it contracted with to market and distribute LC Bead in the United States, Biocompatibles marketed LC Bead to deliver chemotherapy drugs – a use that was never cleared or approved by the FDA. In a complaint filed January 7, 2020, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act by processing and distributing fish products and other food, including salads, pierogis, and dips, in a facility where government inspectors previously found evidence of listeria contamination. ), On June 21, 2017, the Court of Appeals for the Second Circuit affirmed the conviction and sentence of Edward “Ned” Weaver, who ran Vendstar, a Long Island company that sold worthless candy vending machine business opportunities. Some victims lost thousands of dollars in the scheme. 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. Docket Number: 5:18-CR-20751 (E.D. The United States alleged in an October 2017 complaint that inspections at a facility that Blanchet previously owned found numerous violations of the current Good Manufacturing Practice regulations, including failing to adequately control the risk of Listeria monocytogenes (L. mono) and Clostridium botulinum toxin formation in fish or fishery products. From July 2008 until May 2012, Marks made sales from an office in Brooklyn, New York, on behalf of U-Turn Vending, which was based in Idaho. Sentencings for Willson and Hebert are set for August 13 and August 19, 2020, respectively. Sixteen other defendants pled guilty. 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