Both defendants were charged in a 14-count indictment alleging a five-year identity theft scheme that targeted servicemembers and veterans. As charged in the information, amino acid used in compounding the TPN was adulterated in that it was contaminated with Serratia marcescens (S. marcescens) and was prepared, packed, or held under insanitary conditions. Robinson also was ordered to pay $320,797.82 in restitution to the victims of the scheme. Court Orders Oklahoma Company to Stop Selling Silver Products as a COVID-19 Treatment. The electors are “not free agents,” she said. Tenn.). The fraud investigation resulted in Adrianzen’s conviction in November 2019 for conspiracy to commit mail and wire fraud. 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. Docket Number: 2:19-cv-00324 (W.D. The Supreme Court today handed down decisions in two important cases involving religious freedom. Thank the Supreme Court, for Now The justices did the right thing by declining to hear the case brought by red states to overturn the election results. 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. 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. On March 10, 2016, the government filed a complaint against KFJ Marketing, Sunlight Solar Leads LLC, Go Green Education, and the owner of those companies, Francisco Salvat, to halt a telemarketing campaign which failed to transmit accurate caller identification information, and resulted in 1.3 million illegal phone calls to consumers who had placed their phone numbers on the Do Not Call Registry. 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. Read the latest reports on civil lawsuit cases in the news on Newser.com - Page 1 | Newser Court Orders West Texas Man to Stop Selling Purported COVID-19 Treatments, United States v. Michael Marc Travalino a/k/a Marc White Eagle Weaver and Kaplan were ordered to report to prison on January 9, 2017. Acino manufactures hydrocortisone acetate 25 mg suppositories, which it labels and sells as prescription drugs. Fla.);2:16-CR-0191 (C.D. Complaint Filed Against Dietary Supplement MakerUnited States v. Applied Polymer Systems The Court sentenced Roos to pay a fine of $100,000. The Statement of Facts also addresses Moody’s failure to adhere to its own published standards when rating RMBS and CDOs. mono.) Palmer and her friend kept a portion of the money, and Palmer wire transferred the rest to her Jamaican co-conspirator. Between 2012 and 2016, Ressler designed fraudulent sweepstakes and prize notification solicitations sent by co-conspirators to victims in the United States and other countries. The district court entered the proposed consent decree. The United States’ criminal trial against Indivior is scheduled to begin on May 11, 2020. The complaint alleged that testing by the defendants revealed a type of listeria in the Vulto facility, but the defendants never attempted to identify the species of the bacteria or its source. On March 13, 2019, the two remaining defendants in the USP Labs case pleaded guilty in Dallas to felony charges in connection with a scheme to fraudulently sell workout supplements. In June 2018, Canadian citizens Maria Thanos and Philip Lett pleaded guilty in the Eastern District of New York to charges of conspiracy to commit mail fraud for their roles in the operation of the same psychic mail fraud scheme. In pleading guilty, ACell admitted that in 2012 it determined that more than 30,000 MicroMatrix devices were contaminated with high levels of endotoxin, which posed a risk to patient health ACell also admitted that it initiated a removal of MicroMatrix devices from sales representative inventories, hospitals, and other healthcare centers, but did not notify FDA of the removal or of the endotoxin contamination. According to the indictment, PacNet served as the middleman between banks and the fraudulent mailers – aggregating the checks, cash, and credit card payments collected by its clients, depositing the payments into PacNet-controlled bank accounts, and then distributing the funds as directed by the clients. The order further notes that “the United States has produced evidence demonstrating that Defendant is involved in a predatory wire fraud scheme that victimizes consumers. On March 6, 2019, U.S. District Judge Beth Bloom entered a temporary restraining order under 18 U.S.C. Charges Unsealed Against Three Individuals Alleged to Have Operated Massive Mail Fraud Scheme United States v. Thanos, United States v. Lett, United States v. Runner … On December 6, 2018, the Court of Appeals for the Second Circuit affirmed the convictions and sentences of five defendants who worked at Vendstar, a Long Island company that brought in more than $60 million from selling worthless candy vending machine business opportunities. As a result, in March 2017, the United States sought and obtained the court’s appointment of a second realtor – in addition to the defendant’s realtor – to attempt to sell the properties. Burnett owned and operated Lifestyle Auto Broker LLC, a Georgia corporation that bought and sold used cars. Tex.). Here are some of our recent criminal cases. Docket Number: 1:19-CV-3382 (N.D. Ill.). Docket Number: 1:19-cv-2184 (D.D.C.). On February 17, 2017, Felecia Roxanne Lindo was sentenced to serve 24 months in prison and three years’ supervised release for her role in a fraudulent lottery scheme based in Jamaica. In dissent were Justices Roberts, Thomas, Alito and Kavanaugh. On December 23, 2019, the U.S. District Court for the Eastern District of New York permanently enjoined Edgewood, New York entities ABH Nature’s Products, Inc., ABH Pharma, Inc., and StockNutra.com, Inc., along with the businesses’ owner, Mohammed Jahirul Islam, of Flushing, New York, from distributing adulterated and misbranded dietary supplements in violation of the Federal Food, Drug, and Cosmetic Act. § 1345 against six individuals and fourteen corporate entities alleged to have operated a mass-mailing scheme based in Las Vegas, Nevada. Fla.); 5:16-CV-0577 (M.D. The indictment alleges that Reyes purchased and received at his home counterfeit THC vaping products from China. The defendants agreed to be bound by a consent decree in which they stated that they no longer manufacturer or process fish or fishery products, and only distribute prepackaged items. 16. Goodman served a prison term of 49 months. The complaint also alleged that the companies manufactured and/or distributed a number of dermatological products that were not approved by the FDA. The Statement of Facts addresses Moody’s representations to investors and the public generally about: (1) its objectivity and independence; (2) its management of conflicts of interest; (3) its compliance with its own stated RMBS and CDO rating methodologies and standards; and (4) the analytic integrity of certain rating methodologies. Blue Bell’s former president, Paul Kruse, was charged in connection with his role in covering up from customers what the company knew about the contaminated ice cream. Trial in the case, originally set for May, was continued to September 2020 because of the ongoing public health emergency. Chipotle Mexican Grill to Pay $25 Million Fine for Food Safety Violations, United States v. Chipotle Mexican Grill, Inc.Press release Young worked with a co-conspirator named Ercan Barka, who pleaded guilty to the same charge in January. The action is the first brought against a firm for violating safety standards under the Produce Safety Rule enacted under the Food Safety Modernization Act of 2011. ; United States v. Harati et al.Press ReleaseDocket Numbers: 8:14-CR-0198-DSF; 8:15-CR-0041 (C.D. 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. On Feb. 21, 2018, the district court issued a temporary restraining order pursuant to 18 U.S.C. Robinson owned an auto body shop located in Chesapeake, Virginia. Smith attempted to conceal his illegal activities by creating phony businesses to smuggle ingredients and destroying evidence when law enforcement agents executed a search warrant. In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. The charges in the indictment stem from Indivior’s marketing of Suboxone, an opioid drug used in the treatment of addiction. On April 9, 2019, a grand jury returned and indictment against Indivior Inc., a pharmaceutical company, for engaging in an illicit nationwide scheme to increase prescriptions of Suboxone Film, an opioid drug used in the treatment of opioid addiction. (respectively). U.S. airport traffic rising despite holiday travel warnings. In January 2014, Tahir Saeed also entered guilty pleas to several counts of the indictment, and was sentenced in October 2016 to time served. Sitesh Patel, the vice president of S.K. Ga.), District Court Rules for Government in Action Against Cheese Manufacturer, Docket Number: 2:14-CV-13077 (E.D. Despite his boasts, Trump again is no deal-maker as Congress seeks pandemic relief bill. As part of his guilty plea, Guerra admitted that he and others in Peru called victims in the United States claiming to be attorneys or government representatives. Victims were told they had won cars, boats, or other prizes they could claim by purchasing hundreds of dollars’ worth of vitamins. District Court Finds Websites to be “Labeling” Under FDCA in Denying Motion to Dismiss Enforcement ActionUnited States v. Innovative BioDefense, Inc. et al. Calif.). Fifth Defendant Sentenced in Debt Relief Fraud SchemeUnited States v. Nelson et al. L. mono is food-borne bacteria that can cause serious illness or even death in consumers. Army general apologizes for ‘miscommunication’ over vaccine shipments. Mich.). The order permanently enjoins the defendants from processing and distributing food that is adulterated under the Food, Drug, and Cosmetic Act. Congress’ leaders reach a bipartisan deal providing direct payments to most Americans, continuing small business loans and extending jobless aid with a bonus. 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. Biocompatibles was sentenced to pay an $8.75 million criminal fine and a criminal forfeiture of $2.25 million. In a July 2017 complaint, the government alleged that the defendants promoted and sold misbranded sexual enhancement products that contained the undisclosed ingredient sildenafil, which is the active pharmaceutical ingredient in Viagra. In dismissing his appeal, the Court enforced a broad appellate waiver contained in Lytle’s plea agreement, which permitted an appeal based only on lack of jurisdiction or an upward departure or variance in sentencing. Smith previously pleaded guilty to one count of conspiracy to commit mail and wire fraud. In a complaint filed in March 2019, the government alleged that the defendant uses telemarketers who, posing as computer technicians and often impersonating well-known technology companies, 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. 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. Shaw pleaded guilty on March 22 to one count of mail fraud in connection with his role in the scheme. The complaint further alleged that FDA tests showed that some of the defendants’ products contained undisclosed pharmaceutical ingredients such as sildenafil, the active ingredient in Viagra. The defendants, Guy Lyman of New Orleans, Louisiana, and James Hill of Ocala, Florida, each sold products that they marketed as treatments for herpes. On May 27, 2020, U.S. District Court Judge Ronald A. Defendants in USP Labs Dietary Supplement Scheme Set for Sentencing in July/August 2020United States v. USP Labs, Press Release Hidalgo, Hermoza and the other callers said these consequences could be avoided if the victims immediately paid “settlement fees.”  Many victims made monetary payments based on these threats. A preliminary injunction hearing is scheduled for December 3, 2018. The hearings will be held in Dallas before U.S. District Judge Sam A. Lindsay. The websites were linked to a large Internet pharmacy organization known as RX Limited. Sitesh Patel, the vice president of S.K. In December 2014, FDA inspected Henry’s Farm’s manufacturing facility and found numerous insanitary conditions, including: standing water in the sprout production room; sprout debris at various places along the packaging line and floor; and dead insects on packing material and a seed storage area. The money laundering was in connection with an international lottery fraud scheme involving co-conspirators in Florida and Jamaica. Restitution will be decided at a later hearing. CAS 2020/A/6978 Andrea Iannone v. FIM & CAS 2020/A/7068 WADA v. FIM and Andrea Iannone . 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. The defendants agreed to be bound by a consent decree of permanent injunction filed with the complaint. British Man Pleads Guilty to Wire Fraud and Aggravated Identity Theft for Fraud Scheme with Hundreds of Thousands of VictimsUnited States v. Gareth David Long, Press release The government’s complaint alleged that PharMedium’s 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. One of the primary ingredients sold by Romeo’s companies was powder purportedly derived from a rare South African cactus called “hoodia,” which was claimed to have weight-loss properties. On April 23, 2020, Judge Timothy Kelly of the U.S. District Court for the District of Columbia granted the United States’ motion to enter a stipulated order against Facebook, Inc. The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. On June 4, 2019, the district court entered two stipulated preliminary injunction orders against doctors Cesar B. Pena Rodriguez and Leovares A. Mendez to stop them from unlawfully prescribing powerful opioids linked to abuse and diversion. Defendant Pleads Guilty in Multimillion-Dollar Prize-Promotion ScamUnited States v. Lovisa, Press Release In pleading guilty, Aghaegbuna admitted that from 2004 through 2012, he authorized at least 322,157 invalid prescription orders and, along with co-conspirators, caused prescription drugs to be distributed to customers in violation of the FDCA. In a complaint filed on May 14, 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. A hearing for the defendants to show cause why a preliminary injunction should not issue is scheduled for April 17, 2018. The consent decrees require the defendants to stop importing, selling, or distributing toys and other children’s products until they implement product safety and testing programs that will bring their operations into compliance with the law. Victims enclosed their payments, typically around $15 to $55, in pre-addressed return envelopes addressed to postal boxes in the Netherlands that are owned by Trends and KSB. The relief package is the latest, perhaps final, example. 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. On July 23, 2014, U.S. District Court for the Eastern District of New York entered a consent decree of permanent injunction against Applied Polymer Systems d/b/a APS Pharmaco (APS) and Nuka Reddy, the firm President, based on their distribution of adulterated dietary supplement. OxyElite Pro was recalled in 2013 after being linked by the Food and Drug Administration to a deadly outbreak of serious liver injuries. Long was charged with multiple counts of wire fraud, aggravated identity theft, and money laundering for a scheme that victimized hundreds of thousands of account holders throughout the United States. This report presents the latest statistics on the type and volume of civil county court cases that are received and processed through the justice system of England and Wales in January to March 2020. Court Permanently Enjoins Minnesota Dairy Farm and Owners from Distributing Adulterated MeatUnited States v. Todd and Patty Meech Dairy Farm, et al.Press Release As part of his plea agreement, Basnight admitted that from 2010 until 2016, he purchased more than 50 high-mileage vehicles from individuals and arranged to alter the vehicles’ odometers to reflect false, lower mileage readings. The Cases in Brief have been published since March 23, 2018. 2020 United States Supreme Court Opinions. The other two defendants are presently in the Republic of Colombia, and their time to answer the Complaint for Permanent Injunction had not yet expired. Docket Number: 1:20-cv-5356 (N.D. Ill.). Docket Number: 2:19-CR-155 (D. Nev.). The Food and Drug Administration cleared LC Bead to be used for embolization, a process in which the flow of blood to liver tumors is stopped or reduced. Quaglia and Fraser each were charged with several counts of mail fraud and conspiracy to commit mail fraud in connection with deceptive mass mailings that falsely promised large cash prizes in exchange for the payment of fees. In its first court action to combat fraud related to the coronavirus pandemic, the Department obtained a temporary restraining order on March 22, 2020, to block a website purporting to offer to the public World Health Organization COVID-19 vaccine kits. View Complaint. In a complaint filed in April, the United States alleged that inspections at Sonar and Stratus revealed violations of current good manufacturing practices that demonstrated a lack of quality oversight of the manufacturing, processing, and testing of drugs such that, if they continued, posed a threat to the public health. Both men pleaded guilty in March 2016 to two misdemeanor violations of the Federal Food, Drug and Cosmetic Act (FDCA). In dissent were Justices Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Canadian Men Charged in Alleged Mass-Mailing Elder Fraud Schemes United States v. Quaglia et al. The defendants’ violations included placing over 99 million calls to phone numbers on the DNC Registry. According to the complaint, FDA inspections performed in 2012, 2013 and 2014 revealed that the company’s 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. Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday. On February 19, 2016, Joseph Dallal was sentenced to serve 33 months in prison in connection with two separate prescription drug diversion schemes. Tex.). Fla.). In particular, the Statement of Facts addresses whether Moody’s credit ratings were compromised by what Moody’s itself acknowledged were the conflicts of interest inherent in the so-called “issuer pay” model, under which Moody’s and other credit rating agencies are selected by the same entity that puts together and markets the rated securities and therefore stands to benefit from higher credit ratings. Court Enters Default Judgment and Permanent Injunction Against “Church” Entity and Two Individuals for Selling “Miracle” Coronavirus Bleach Cure, United States v. Genesis II Church of Health and Healing This, ESN alleged, violated the Civil Rights Act of 1866, codified at 42 U.S.C. The complaint alleged that the defendants continued to make such claims in violation of the Food, Drug, and Cosmetic Act despite receiving a March 6 joint warning letter from the Food and Drug Administration and the Federal Trade Commission. Felecia Roxanne Lindo was sentenced in February 2017 to 24 months in prison and three years of supervised release. California Man Sentenced for Prescription Drug DiversionUnited States v. Joseph DallalDocket Number: 3:12-CR-922 (D.P.R. All of the defendants played roles in developing, manufacturing, or marketing the popular USP Labs supplements known as Jack3d and OxyElite Pro. Following controversy regarding the safety of DMAA, the defendants reformulated their products to contain a different substance called aegeline. Defendants refused in writing to cease their violative conduct even after receiving a warning letter from FDA and FTC advising that distribution of Miracle Mineral Solution violated the Federal Food, Drug, and Cosmetic Act. Prior to the filing of the complaint, Oshiro shuttered his business and agreed to a consent judgment wherein he will be required to obtain FDA approval before re-opening. Complications from the disease can also lead to miscarriage. 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. 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. Mass.). Fla.). Fla.). Prescription Drugs Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. Me.). As the court found, Spectrum received about 1,600 reports of broken handles between 2008 and 2012, when it finally reported the problem to the CPSC. 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. The justices overturned a ruling by a federal appeals court in Denver which held that the Constitution as written in 1787 envisioned that electors were free to vote for their preferred presidential candidate. The announcements confirm settlements for violations of the Stark Law, a federal anti-self-referral law and the Anti-Kickback Statute (AKS). Dallal procured the drugs from multiple illegal and unlicensed sources and sold them to co-conspirators without the required pedigree document stating where Dallal had purchased the drugs. Press Release The second complaint names California Stem Cell Treatment Center, Inc., of Rancho Mirage and Beverly Hills, California, Cell Surgical Network Corporation, and company owners Elliot Lander, M.D. In return, victims received worthless costume jewelry. The 10 counts of conviction were misdemeanor counts related to the same conduct. Ala.). Former Auto Body Shop Owner Sentenced for Role in Odometer and Title Fraud SchemeUnited States v. Paul RobinsonPress Release Tex.). Civil Enforcement Actions Under Controlled Substances Act Announced Against Two Physicians Related to Opioid Distribution United States v. Gregory J. Gerber, M.D., et al. The United States alleged in a February 2018 complaint that defendants failed to abide by laws designed to protect consumers from consuming food that contained new animal drugs above legal limits. On August 29, 2019, the district court entered a consent decree of permanent injunction against Topway Enterprises, Inc., d/b/a Kazy’s Gourmet, a Houston, Texas company that processes and distributes ready-to-eat raw fish, and its principals, Jeff Liao, Ying Chen, and Adwin Liao. Eleventh Circuit Affirms Sentence of Business Opportunity FraudsterUnited States v. Sirtaj “Tosh” Mathauda He purchased high-mileage vehicles, then caused the vehicles’ odometers to be altered to reflect fraudulent, low-mileage readings. As set out in the Department’s complaint, which was filed concurrently with the proposed joint Consent Decree on March 10, the defendants manufactured and distributed dietary supplement products as drugs that could help treat or prevent a host of serious conditions, including heart disease, diabetes, depression, hypertension, osteoporosis, and liver and kidney disorders. United States v. Kafeiti, et al. In its motion to dismiss, Indivior asserted that prosecutors engaged in misconduct before the grand jury related to a reference in the indictment to a doctor who had been charged with healthcare fraud unrelated to Suboxone. In March 2006, B. Braun started buying saline syringes from AM2PAT, Inc. (AM2PAT), despite already being aware of problems related to AM2PAT complying with current good manufacturing practices. The chief justice also cast the deciding vote to strike down a Louisiana law limiting abortions. During an inspection in 2015, FDA observed that the firm failed to have adequate HACCP plans to control the hazards posed by several pathogenic bacteria, including Clostridum botulinum, Clostridum perfringens, and Listeria moncytogenes. The complaint further alleges that the defendants issued numerous purported prescriptions without a legitimate medical purpose and outside the usual course of professional practice to undercover agents of the United States Drug Enforcement Administration. Sentencing for USP Labs is set for Aug. 19, 2019. U.S. District Judge Robert N. Scola sentenced one of Guerra’s co-defendants to 88 months’ imprisonment in March. On August 11, 2020, the United States District Court for the Middle District of Florida entered a temporary restraining order pursuant to 18 U.S.C. He admitted he had no face-to-face contact with customers, who themselves chose the type, strength, and quantity of drugs they ordered. For more information about this case and any further updates, please see this page. 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. The Court also entered a Consent Order of Forfeiture for $388,265.12, Ul Haq’s portion of the proceeds from drug sales to United States customers. Otherwise you are just throwing a tantrum. Docket Number: 6:18-CR-0004 (D. 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. Docket Numbers: 1:20-cv-473; 2:20-cv-474 (E.D.N.Y.). Defendant Sentenced in Prescription Drug Diversion SchemeUnited States v. Karen Turner Press Release Mich.). § 1345 against three John Doe defendants connected to a fraudulent sweepstakes scam. Code Ann. Docket Number: 2:17-CV-072773 (C.D. In a complaint filed with the consent decree, the United States alleged that the fish at defendants’ facility was processed under insanitary conditions, chiefly because the defendants failed to adequately control the growth of Listeria monocytogenes. Co-Conspirator, Omar Portocarrero Caceres, previously was sentenced to 200 months imprisonment! Active ingredients in their products on thousands of people during an outbreak of serious injuries. The failure to comply with current good manufacturing practices payments to victims the... Paid the fees received either nothing, a Florida corporation, distributes prescription and drugs... Had purchased or used contaminated MicroMatrix about the removal its medicated feeds in with! 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