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. The defendants did not respond to the complaint, and the court ordered them to cease distribution of all drugs until the companies implement specified remedial measures to ensure compliance with the FDCA. The indictment alleges that Mario Castro, Jose Salud Castro, Salvador Castro, Miguel Castro, and Jose Luis Mendez all worked at printing and mailing businesses that sent the fraudulent mailings and shared in the resulting profits. The decree against Lyman was filed on July 12, 2016, and is subject to court approval. Tex.). Six Las Vegas-Area Defendants Charged in Elder Fraud Scheme Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. W. Scott HarkonenDocket Number: 15-16844 (9th Cir./N.D. Docket Numbers: 1:14-cr-75 & 1:12-cr-489. On July 9, 2018, the district court entered a consent decree of permanent injunction against Todd and Patty Meech Dairy Farm, and its owners, Todd Meech and Patty Meech, permanently enjoining the defendants from distributing meat that is adulterated under the Food, Drug, and Cosmetic Act. 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. On May 10, 2017, pharmacist Titilayo Akinyoyenu was sentenced to 36 months of probation and ordered to pay a $250,000 criminal fine for his role in a conspiracy to ship pharmaceuticals that were misbranded because they lacked valid prescriptions. U.S. District Judge Robert N. Scola sentenced one of Guerra’s co-defendants to 88 months’ imprisonment in March. On October 17, Samaiyah Sharron Armistead pleaded guilty in U.S. District Court for the District of Maryland to one count of conspiracy to commit money laundering. Nevada Woman Pleads Guilty in Multi-Million-Dollar Prize Notification Scam Affecting Elderly Victims United States v. Burrow Ind.). To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. Docket Number: 1:17-CR-10288 (D. In pleading guilty, Xu admitted that he agreed to falsely label for shipment a synthetic stimulant ingredient, namely DMHA. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. On August 4, 2015, the court entered a consent decree signed by the parties. Docket Number: 5:19-cr-524 (W.D. Felecia Roxanne Lindo was sentenced in February 2017 to 24 months in prison and three years of supervised release. 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. Two Georgia Defendants Sentenced in Odometer Fraud ConspiracyUnited States v. Rojen Burnett and Amber McLaughlinPress Release The terms of the permanent injunction and appropriate civil penalty amount will be decided by the court. United States v. All Articles of Other-Sonic Generic Ultrasound Transmission Gel...;United States v. Pharmaceutical Innovations, Inc. Press ReleaseDocket Number: 2:14-CV-6139 (D.N.J. Sentencing for Geissler, Doyle, Patel, and S.K. Weaver and Kaplan were ordered to report to prison on January 9, 2017. 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. The FDA had specifically refused Acclarent’s request to clear the Stratus for marketing as a drug delivery device without further submissions to support that use. The criminal charge and civil complaint alleged that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono). If the defendants seek to resume preparing, manufacturing and distributing food, they must implement remedial measures set forth in the injunction, notify the FDA of the measures taken, and receive written notification from FDA that they appear to be in compliance with the remedial requirements set forth in the injunction and the statute. District Court Enters Permanent Injunction Against Illinois Caviar Supplier United States v. Mary ParrishPress Release ); 2:12-CV-2264 (D.N.J. The complaint alleged that an FDA inspection confirmed that the defendants did not record information regarding administered dosage, administration route, withdrawal time for meat, or the usable date for meat. Chicago Dietary Supplement Companies Ordered to Comply with FDCA United States v. Global Marketing Enterprises, Inc., et al.Press Release On March 27, 2015, a federal district court entered a consent decree of permanent injunction against L.A. Star Seafood Company, Inc. of Los Angeles, and its corporate officers Sima Goldring and Sam Goldring to prevent the distribution of adulterated seafood products. In total, 15 defendants named in a November 2018 complaint now have been permanently enjoined from engaging in fraudulent mailings. The list includes civil cases filed two weeks preceding the previous business day. Docket Number: 1:20-cv-5356 (N.D. Ill.). Civil Court Cases When you sue someone for damages, such as in an assault or defamation suit, you are engaging in a civil court action. See February 17, 2017 update on Felecia Lindo. Employee of Chinese Chemical Supplier Pleads Guilty in Scheme to Sell Mislabeled Dietary Supplements United States v. XuPress Release Indivior Inc. Indicted for Fraudulently Marketing Prescription OpioidUnited States v. Indivior Inc. Press Release The complaint alleged that the company’s fish products were manufactured under conditions that were inadequate to ensure their safety. On October 27, 2015, the district court sentenced Louis Daniel Smith to 51 months imprisonment and four years of supervised release. Fla.). Cases only appear here a few weeks before the appeal is due to be heard by the Court. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. Explain why this is a civil case rather than a criminal case and explain two key differences between the two. 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. In pleading guilty, Burrow admitted that she and her co-conspirators used fraudulent prize notices to mislead victims into believing that they could claim a large cash prize if they paid a fee of $20 to $30. Michigan Defendant Sentenced in Kratom Distribution Scheme United States v. Dailey Press Release On February 21, 2017, the Court of Appeals for the Eleventh Circuit affirmed the sentence of Sirtaj “Tosh” Mathauda, who was convicted of conspiracy and multiple counts of mail and wire fraud in connection with a series of fraudulent business opportunities. N.C.). Medical Device Company Pleads Guilty and is Sentenced to Pay $3 Million for Failure to Report a RecallUnited States v. ACell, Inc.Press Release 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. 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. 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. Since 1992, BJS has sponsored periodic surveys examining civil trial and appellate litigation in state courts. Farris was the sales manager in charge of the telemarketing sales floor. Dominic Smith (no relation to Shashana Smith) was sentenced in October 2015 to 27 months in prison and one year of supervised release. 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. On Feb. 22, 2018, Thomas Ressler pleaded guilty to one count of conspiracy to commit mail fraud for his role in a large-scale international mail fraud scheme. The complaint alleges that Cantrell, a compounding pharmacy, distributed adulterated drugs in interstate commerce and caused drugs to become adulterated while held for sale after shipment of a component in interstate commerce. On January 15, 2020, Johnny Hidalgo and Rodolfo Hermoza pleaded guilty to conspiring to commit mail fraud and wire fraud in connection with an extortion scheme involving call centers in Peru. They were told to pay thousands of dollars to Lindo and others in order to collect their winnings. 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. Docket Number: 2:16-CR-0071 (D. Nev.). The defendants were arrested in 2016 by Peruvian authorities and extradited to Miami in December. Chipotle Mexican Grill to Pay $25 Million Fine for Food Safety Violations, United States v. Chipotle Mexican Grill, Inc.Press release According to charges, Gore sent collection letters to victims of the psychic scheme after the victims’ checks bounced. Many homeowners lost their homes to foreclosure after hiring the firms. 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. Smith was also ordered to pay $12, 500.00 in fines. District Court Enters Consent Decree of Permanent Injunction Against Maine Fish Processor United States v. Mill Stream Corporation and Ira J. Frantzman, Press ReleaseDocket Number: 1:16-CV-0080 (D. Posing as agents of a fake “Fraud Protection Agency,” which they claimed was a component of the Federal Trade Commission, the defendants told consumers to send a fee purportedly required by U.S. law in order to receive their prizes. On Dec. 4, 2017, the Ninth Circuit Court of Appeals affirmed the district court’s denial of Dr. W. Scott Harkonen’s coram nobis petition seeking to overturn his fraud conviction for ineffective assistance of counsel at trial. Press Release Docket Number: 15-cr-20471 (S.D. 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. and Mark Berman, M.D. Under the order, the defendants would need to notify FDA and take remedial steps before processing various types of food. Docket Numbers: 1:19-cr-87; 1:19-cr-88 (S.D. 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). Fla.). Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. The injunction prohibits the defendants, who run a non-religious “church,” from distributing “Miracle Mineral Solution,” an industrial bleach product the defendants touted as a cure for COVID-19. The defendants had an extensive history of operating their food manufacturing facility under insanitary conditions, failing to follow current good manufacturing practice requirements and misbranding their food products. Medtronic, which acquired ev3 subsequent to the course of criminal conduct, also agreed to pay $13 million in a separate matter as part of a global settlement to resolve False Claims Act liability arising from an investigation of alleged kickbacks paid to surgeons to use the Solitaire medical device, a second ev3 neurovascular product. The indictment alleges that Reyes purchased and received at his home counterfeit THC vaping products from China. growth and toxin formation in susceptible fish and fishery products. In both cases, Dallal’s co-conspirators then sold the drugs to wholesalers and pharmacies throughout the United States with false pedigree documents that did not disclose the true sources of the drugs. McLaughlin was a former customer service specialist at the Motor Vehicle Department of the Georgia Department of Revenue. In a complaint filed in February, the United States alleged the company’s medicated feed labels did not list active drug ingredients or include adequate instructions for use. Under the Court’s order, the defendants may not manufacture or distribute their over-the-counter drug products from any facility owned or operated by the defendants unless they comply with specific remedial measures set forth in the injunction. The government filed a complaint alleging that the company’s dietary supplements are manufactured under conditions that are inadequate to ensure the quality of its products. 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