A particular outbreak that took place just after Christmas killed five inmates. The temporary restraining order blocks the defendants from operating the alleged scam and shuts down hundreds of websites used by the defendants to carry out their scheme. Montana Man Pleads Guilty for Designing Fraudulent Solicitations as Part of Large-Scale International Mass-Mailing Fraud Scheme United States v. Thomas Ressler Court of Appeals Affirms Convictions and Sentences for Peanut Corporation of America Salmonella-Outbreak DefendantsUnited States v. Stewart Parnell, Michael Parnell, and Mary Wilkerson Court Enters Default Judgment and Permanent Injunction Against Remaining Two Defendants for Selling “Miracle” Coronavirus Bleach Cure United States v. Genesis II Church of Health and Healing United States v. WeCare Pharmacy, et al. Va.) § 1345 against two businesses and two individuals alleged to operate a direct-mailing scheme based in Fort Lauderdale, Florida. Despite the FDA’s limited approval of Onyx, from 2005 to 2009, ev3 sales representatives encouraged surgeons to use Onyx in large quantities for unproven and potentially dangerous surgical uses outside the brain. Indivior asserted in a motion to dismiss the indictment that the company’s alleged encouragement of illegitimate prescribing does not constitute fraud. FDA testing on samples of the gel tested positive for bacterial contamination. On April 29, 2021, Christopher Reyes pleaded guilty in U.S. District Court for the Northern District of Texas to one count of Conspiracy to Import Drug Paraphernalia, in violation of 21 U.S.C. On February 5, 2021, the court entered a stipulated preliminary injunction that superseded the temporary restraining order and prevents the defendants from dispensing controlled substance prescriptions written by a particular prescriber during the pendency of this case. 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. The websites were linked to RX Limited, a large Internet pharmacy operation that shipped orders with no face-to-face physician contact and allowed customers themselves to choose the type, strength, and quantity of drugs they ordered. Both defendants worked at Multivend, LLC, d/b/a/ Vendstar, based in Deer Park, New York. The complaints were filed by the U.S. Attorney’s Office for the Northern District of Ohio and the Consumer Protection Branch. Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. The victim did not win a lottery prize and did not collect any winnings. 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. Ga.). Felecia Roxanne Lindo was sentenced in February 2017 to 24 months in prison and three years of supervised release. Sit-Ins. As part of the fraud plea, Adrianzen admitted that he partnered with call centers in Peru that took money from vulnerable and elderly U.S. Spanish-speaking victims through lies and threats. The complaint alleged the schemes targeted the elderly and generated approximately $4.8 million in annual victim losses. The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 220 national organizations to promote and protect the rights of all persons in the United States. In reality, these companies were telemarketing operations that did very little to help homeowners after they paid upfront fees ranging from $3,500 to $5,500. 8:21-cv-00188 (M.D. The complaints alleged that the defendants imported children’s products containing, among other things, lead, phthalates, and small parts that posed a choking hazard for children under the age of three. According to the indictment, victims who paid fees received no cash prizes, while Quaglia, Fraser, and their co-conspirators pocketed the money. Defendant Sentenced in Prescription Drug Diversion SchemeUnited States v. Karen Turner Press Release 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. (Jan 2020) Set labor rules to end the gender pay gap. D’Antonio was previously convicted of wire fraud for a separate work-at-home scheme involving medical billing and was also subject to a permanent injunction banning him from any involvement in a company engaged in telemarketing. 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 will be held in Austin, Texas, before Judge Pitman. In a complaint filed in May, the United States alleged that the defendants processed and distributed ready-to-eat fish and fishery products, vegetable salads, and cheese products in a Staten Island facility with chronic insanitary conditions. Throughout the south, groups of individuals would request services that were denied … 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. Three U.S. Supreme Court cases and two federal circuit court cases round out the recent decisions that employers should be aware of. Docket Number: 18-CR-260, 18-CR-261, 18-CR-578 (E.D.N.Y.). Docket Number: 3:15-CV-3769 (D.N.J.). In pleading guilty, Palso admitted to conspiring to defraud pharmacy benefit managers into paying for fraudulent prescriptions for topical pain creams, vitamins, and other products. FDA inspectors also found deviations from current good manufacturing practice requirements in the pharmacy’s sterile drug manufacturing operations. The Court sentenced Roos to pay a fine of $100,000. The court also observed that even if it had jurisdiction to consider plaintiff’s challenge to the FDA guidance document, the plaintiff’s request to enjoin FDA from conducting an enforcement action was an impermissible attempt to test a defense pre-enforcement. Docket NO. Based on the evidence presented, the court found probable cause to conclude that the defendants engaged in “a widespread pattern of telecommunications fraud, intended to deprive call recipients in the Eastern District of New York and elsewhere of money and property.” Among other provisions, the injunction bars defendants from carrying any VoIP calls destined for phones in the United States and from providing any U.S. telephone numbers (often used as call-back numbers in the fraudulent robocalling schemes) to any individuals or entities during the pendency of the litigation. The indictment charges Indivior with mail, wire, and health care fraud conspiracy and substantive counts. United States v. Valdes et al., The complaint alleges that the two rural pharmacies are among the highest purchasers of opioids per capita in the entire country. Basnight also was ordered to pay approximately $400,000 in victim restitution. The CDC eventually identified more than 700 cases of salmonellosis linked to the outbreak with illness onset dates beginning in August 2006. 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. 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. Summary Judgment Granted Against Manufacturer of Adulterated Dietary Supplements. As part of the scheme, the Galis used fictitious dealer names to purchase high-mileage vehicles, altered the odometers and vehicle titles, obtained “clean” Pennsylvania titles reflecting the false mileages, and sold the vehicles at auctions in Pennsylvania and New Jersey. Docket Number: 2:19-cr-295 (D. Nev.). 2:18-cr-133 (E.D. The remaining three defendants are all in custody in the Philippines and awaiting repatriation/extradition. On July 16, 2018, the District Court permanently enjoined New York companies Euroline Foods, LLC, and Royal Seafood Baza, Inc., along with company owner/operators Eduard Shnayder, Syoma Shnayder and Albert Niyazov, and company operator Oleg Polischouk, from violating the Food, Drug and Cosmetic Act (FDCA). See February 17, 2017 update on Felecia Lindo. The websites were linked to a large Internet pharmacy organization known as RX Limited. The defendants, Guy Lyman of New Orleans, Louisiana, and James Hill of Ocala, Florida, each sold products that they marketed as treatments for herpes. 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. According to the government’s 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. If you believe you are a victim in this matter and would like to speak with someone regarding the case, please call Special Agent Chad Medaris, FDA Office of Criminal Investigations, at 214-887-4174. Docket Number: 15-10399 (11th Circuit) Pentax was charged in a criminal complaint with failing to file timely reports of two hospital infection outbreaks associated with its duodenoscope and with shipping four other types of endoscopes for 18 months without FDA-approved instructions for use. The complaint alleges that when consumers asked the defendants not to call them again, their requests were often ignored. Fla.) Ryan, at the time a licensed physician in Virginia, was paid $2 per drug order. Burrow is the fourth defendant to plead guilty in connection with the scheme. 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. The civil action against the defendants, filed by the United States Attorney’s Office for the Northern District of Texas and the Consumer Protection Branch, alleges that the defendants prescribed controlled substances in violation of the CSA. Earlier this year, Allen pled guilty to one count of a pending indictment charging that she and a co-conspirator in Jamaica sought to unlawfully enrich themselves in a fraudulent lottery scheme targeting an elderly resident of Evans, Georgia. Press Release Fla.). For more information, see the press release dated July 24. 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. These solicitations, mailed from locations around the globe, purport to be personalized to each individual recipient, despite the fact that they are form letters mailed to hundreds of thousands of potential victims. Hermoza and the other callers told victims that they must immediately pay “settlement fees” to avoid these consequences. Court Denies Homeopathic Drug Company’s Third Motion for Injunctive Relief in Case Involving Challenge to FDA’s Addition of the Company’s Products to an Import Alert. Pedersen allegedly posed as a doctor to promote ingestible silver-based products as a cure for COVID-19 despite having no evidence that his products could treat the disease. On January 28, 2021, U.S. District Judge Edward R. Korman granted the government’s motion for summary judgment in a case seeking a permanent injunction against New York dietary supplement firm Confidence USA and its operators for continued alleged violations of the Food, Drug, and Cosmetic Act. The permanent injunction requires Scilabs and Edalat to cease all operations connected to the company, and not to resume until FDA determines that their manufacturing practices have come into compliance with the law. Case No. Jonathan Doyle, the president of USPlabs, and Jacobo Geissler, the CEO of USP Labs, pleaded guilty to conspiracy to introduce misbranded food into interstate commerce. In pleading guilty, the defendants admitted that they caused at least 225 vehicles to be sold with “rolled back” odometers. In its motion, Arbor argued that generic approvals were imminent and would result in the company losing millions of dollars in revenue. As part of the consent decree, defendants agreed not to resume manufacturing, holding or distributing drugs until they comply with specific remedial measures set forth in the order entered by the Court. See latest for Edward Morris "Ned" Weaver or learn more. The government’s complaint seeks preliminary and permanent injunctions, civil penalties, and other equitable relief. 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. Government Files Complaint for Permanent Injunction Against New Jersey Maker of Ultrasound Gels United States v. Pharmaceutical Innovations Inc. and Charles Buchalter; Pharmaceutical Innovations, Inc. v. U.S. Food & Drug Admin; Docket Number: 3:18-CV-0127 (N.D. ), 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. 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. 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. 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. This case was initiated in 2011, alleging that the defendants, Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III, committed widespread violations of the FTC Act and Telemarketing Sales Rule (TSR) in various telemarketing campaigns to sell DVDs and movie tickets, and in charitable solicitation call campaigns. Ill.). They filed a civil rights case over the states’ disregard for the safety and wellbeing of people in prison as they were aware of the trouble that the prison had been facing and failed to act appropriately. Ltd., an India-based company. § 371, and criminal contempt in violation of 18 U.S.C. 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. In a stipulated order filed with the complaint, Facebook agreed to settle these allegations by paying a $5 billion civil penalty and implementing robust, new compliance measures that will change how Facebook prioritizes and approaches user privacy issues. MediNatura v. FDA, Enforcement Action Filed Against New York Company to Prevent Distribution of Adulterated Seafood ProductsUnited States v. Foo Yuan Food Products, Inc., et al.Press Release 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. 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. Docket Number: 5:18-CR-20751 (E.D. The complaint also alleged that the defendants distributed unapproved new drugs that they claimed could be used to treat such medical conditions as cancer, heart disease, HIV and AIDS. Tex.). § 401(3), in connection with his role in several fraudulent business opportunities. 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. Sales representatives – with the knowledge and encouragement of Vendstar’s CEO and other managers – misrepresented the businesses’ likely profits, how its past customers were doing, the availability of high-profit locations, and the services that locating companies would provide. In granting the government’s motion, the court ruled that the FDA guidance document does not constitute final agency action because it “provides guidance only and does not create any legal right” and because FDA “derives no enforcement authority from the [guidance document].” The court additionally compared FDA’s public warning to an FDA warning letter, which the Court noted does not constitute final agency action ripe for judicial review. Chlorine dioxide is a potent agent used to bleach textiles, among other industrial applications, and a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. Long did not have authorization to charge any of these victims’ accounts. The court set a sentencing date of August 3, 2021. Yabe was formerly the top regulatory official at the Japanese company, which also was convicted and in December was ordered to pay $85 million in criminal fines and forfeiture. The FDA has approved Onyx only for use inside the brain. On June 8, 2018, the district court entered a consent decree of permanent injunction against Delta Pharma, Inc., a Ripley, Mississippi, compounding pharmacy, its owner Dr. Tommy T. Simpson, and its Vice President and Pharmacist in Charge, Charles Michael Harrison, permanently enjoining the defendants from manufacturing and distributing compounded drugs that are adulterated under the Food, Drug, and Cosmetic Act. His conduct in this case violated the injunction. In many letters, Gore used a false name, claimed to be the “Director/Legal Services-Collections,” and threatened that lawyers would pursue legal proceedings against victims. ); 2:12-CV-2264 (D.N.J. The complaint alleges that the defendants send fraudulent solicitations styled as notifications that the recipient has won a large package of cash and prizes, typically worth more than $350,000. The white man, Gregory Bush, who committed the shooting was said to have tried to enter a predominantly black church on the same day of the shooting and was heard making racial comments. Press Release 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. 1:21-cr-20301 (S.D. According to the complaints, both sets of defendants manufacture their products without FDA approval and without proof of safety and efficacy. Docket Number: 15-14400 (11th Cir.). On appeal, the 11th Circuit ruled that juror exposure to extrinsic evidence of deaths related to the outbreak did not influence or contribute to the verdict. Docket Number: 2:18-CR-0046 (E.D.N.Y.). The defendants would be required comply with remedial measures to resume any manufacturing, holding, or distribution of drugs. In total, 15 defendants named in a November 2018 complaint now have been permanently enjoined from engaging in fraudulent mailings. According to the complaints, the CPSC collected dozens of samples of non-compliant toys and other children’s products from the defendants’ facilities and import shipments. Internet Pharmacy Operator Sentenced to 25 Years’ Imprisonment for Wide-Ranging Criminal Enterprise, United States v. Leroux (S.D.N.Y.) To get it, we must organize, mobilize, and vote to change systems, policies, and our politics. Press release In a criminal information previously filed in the District of Nevada, the United States charged FKOL with violating the Federal Food, Drug and Cosmetic Act by concealing and destroying records prior to a 2013 FDA plant inspection in Kalyani, India. Docket Number: 8:20-cv-1794 (M.D. The settlement includes significant commitments by Moody’s to improve its business practices, including: separation of Moody’s commercial and credit rating functions; independent review and approval of changes to rating methodologies; changes to ensure that key personnel are not compensated on the basis of the company’s financial performance; enhancing Moody’s oversight over its press releases and methodology development; and certifications of compliance by the President/CEO of Moody’s with these commitments for at least five years. Bencosme is the second defendant to plead guilty in connection with this scheme. Based on the evidence presented, the court found probable cause to conclude that “Defendant Elagoon Business Solutions PVT Ltd., d/b/a ‘Computer Phone Assist’ was, prior to filing of the Complaint, violating and, unless a preliminary injunction is entered, will continue to violate” the federal wire fraud statute, 18 U.S.C. Court Enters Preliminary Injunction in Case Involving Silver Products Touted as a COVID-19 Treatment, United States v. Xephyr LLC, et al. Palmer and her friend kept a portion of the money, and Palmer wire transferred the rest to her Jamaican co-conspirator. Trial in the case, originally set for May, was continued to September 2020 because of the ongoing public health emergency. She pleaded guilty to one count of conspiracy to commit wire fraud on Sept. 28, 2016. On March 28, 2016, the district court granted the United States’ motion for summary judgment against defendants Scotty’s Inc. and its co-owner and manager Sandra J. Jackson, sellers of adulterated ready-to-eat sandwiches. On January 27, 2021, U.S. District Judge Raymond P. Moore approved the entry of a deferred prosecution agreement (“DPA”) between the Department of Justice and Epsilon Data Management, LLC, (“Epsilon”). Our current cases reflects our unwavering commitment to progressive principles, people’s movements and human rights as well as our creative use of the law as a positive force for social change. Cal.). According to the complaint, FDA inspections documented significant deficiencies relating to cleanliness and hygienic practices to protect against food contamination, causing the defendants’ products to be adulterated under the law. On November 12, 2014, the U.S. District Court for the Central District of California entered a consent decree of permanent injunction against Scilabs Nutraceuticals, Inc., of Irvine, California, and its board chairman and chief executive officer, Paul P. Edalat, to prevent the distribution of adulterated dietary supplements in interstate commerce. Docket Number: 2:18-CR-00726 (D. N.J.). Jury Finds All Defendants Liable in Utah Telemarketing CaseUnited States v. Feature Films for Families, Inc., et al.Docket Number: 2:12-CV-0811 (D. Utah). 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