Ohio). On April 26, 2019, the Eighth Circuit Court of Appeals granted the government’s motion to dismiss an appeal brought by a defendant convicted of marketing and selling light-emitting medical devices as a cure-all to (primarily elderly) consumers. Isomeric manufactures, labels, and distributes sterile drugs, including injectable hormones, injectable corticosteroids, and ophthalmic drops. growth and toxin formation in susceptible fish and fishery products. On September 22, 2020, the court sentenced Dallas-based USPLabs to two years of probation and $4.7 million in criminal forfeiture for its role in fraudulently marketing a popular dietary supplement allegedly linked to liver damage. Docket Number: 1:18-CV-04689-ENV-CLP (E.D.N.Y.). 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. 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. United States v. Scilabs Nutraceuticals, Inc. and Paul P. Edalat, United States v. New York City Fish, Inc., Maxim Kutsyk, Pavel Roytkov, and Leonid Staroseletesky. As part of the permanent injunction, the district court ordered equitable disgorgement with refunds to consumers to be administered by a court-appointed special master. The resolution – the largest recovery by the United States in a case concerning an opioid drug – includes the forfeiture of proceeds totaling $647 million, civil settlements with the federal government and the states totaling $700 million, and an administrative resolution with the Federal Trade Commission for $50 million. Cadden repeatedly took steps to shield NECC’s operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. The government’s complaint alleges that the pharmacies and pharmacists violated the Controlled Substances Act ("CSA") by filling numerous prescriptions for controlled substances outside the usual course of professional practice and in violation of the pharmacists’ corresponding responsibility to ensure that prescriptions were written for a legitimate medical purpose. On June 11, 2019, ACell, Inc., a Maryland-based medical device manufacturer, pleaded guilty to one misdemeanor count of failure and refusal to report a medical device removal to the Food and Drug Administration (FDA). Mich.). Cantrell initiated voluntary recalls of drug products in 2016 and 2017 due to a lack of sterility assurance. A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm. Docket Number: 1:17-CV-0033-MSK-MJW (D. Colo.). Operator of Odometer Fraud and Title Scheme SentencedUnited States v. BasnightPress Release Trial began on May 16 and lasted eight days. Injunctions Entered Against Defendants in Multi-Million Dollar International Mail Fraud SchemeUnited States v. BDK Mailing GmbH, et al.Press Release Docket Number: 2:17-CV-0852 (D. Utah). Although Baxter distributed the adulterated products it made in that clean room, there was no evidence of impact on the IV solutions from the mold found on the filters. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. The complaint further alleges that the Zylast products are misbranded because of marketing claims stating that FDA considers Zylast’s active ingredient “safe and effective in open wounds” and “safe and effective for first aid” when FDA has not made such determinations. United States v. Neptune Manufacturing, Inc., et al. A company without a food facility registration cannot distribute any food products. 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. The company severed ties with Pedersen and agreed to cooperate in his prosecution. The complaint also alleged that the company failed to manufacture its medicated feeds in conformity with current good manufacturing practices. 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 Food, Drug, and Cosmetic Act. The terms of the permanent injunction and appropriate civil penalty amount will be decided by the court. 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. Cal.). Court Enters Injunction Against California Producer of Adulterated and Misbranded Soy ProductsUnited States v. Wa Heng Dou-Fu & Soy Sauce Corporation, Peng Xiang Lin and Yuexiao LinPress ReleaseDocket Number: 2:16-CV-1358 (E.D. 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. Weaver and Kaplan were both found guilty after a 6-week trial last year of conspiracy, mail fraud, wire fraud, and making a false statement. 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. McLaughlin helped Burnett commit odometer fraud by fraudulently issuing new Georgia titles with false low mileages in exchange for cash. The jury acquitted defendants on 14 felony counts of fraud and one conspiracy count. then “refereed” by the judge, who has somewhat greater flexibility than in a civil law system to fashion an appropriate remedy at the conclusion of the case. 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. Docket Number: 8:18-cv-996 (C.D. Several FDA inspections since 2011 revealed violations of seafood Hazard Analysis and Critical Control Point (HACCP) regulations and current Good Manufacturing Practice regulations. On March 24, 2020, U.S. District Judge Brian Cogan entered a consent decree in a related case barring KAT Telecom, Inc., a New York corporation, from conveying fraudulent telephone calls, fraudulent recordings, or “spoofed” telephone calls. The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief. 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. Basnight pleaded guilty in January to one count of conspiracy to commit odometer tamping and securities fraud. )(related to United States v. Indivior Inc. et al., Docket Number: 19-CR-16 (W.D. For more information, see the Press Release dated May 1, 2020. 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. On Jan. 23, 2018, the 11th Circuit Court of Appeals affirmed the convictions and sentences of three defendants found guilty of fraud and other charges related to the distribution of contaminated peanuts and peanut products by Peanut Corporation of America. 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. In January 2014, Tahir Saeed also entered guilty pleas to several counts of the indictment, and was sentenced in October 2016 to time served. Tex.). Farris was the sales manager in charge of the telemarketing sales floor. 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. A restitution order required the defendant to pay restitution of more than $3.8 million, and the court repeatedly ordered the defendant to sell his condominiums in Costa Rica and apply the funds to his restitution obligations. 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. United States v. Pharmaceutical Innovations Inc. and Charles Buchalter; Pharmaceutical Innovations, Inc. v. U.S. Food & Drug Admin; Docket Number: 2:14-CV-6139 (D.N.J. Long previously operated as a third-party payment processor, creating and depositing checks on behalf of numerous merchants. The complaint further alleges that Facebook violated the FTC Act by deceiving users about their use of this and additional sensitive information. However, as of early 2017, the defendant had not brought any purchase offers to the court, and he continued to owe more than $2.8 million. On August 29, 2019, U.S. District Judge Roy K. Altman sentenced three residents of Lima, Peru in connection with a fraud and extortion scheme that targeted Spanish-speaking victims in the United States. Docket Number: 2:14-cr-126 (E.D. Docket Number: 1:16-CV-5264 (E.D.N.Y.). Ryan, at the time a licensed physician in Virginia, was paid $2 per drug order. Trial for the remaining defendants is scheduled to begin June 13, 2017. Alan Phelps Consent Decree Filed in Enforcement Action Against New Jersey Drug Manufacturer and Owner United States v. Acino Products, LLC, and Ravi Deshpande Mich.), Court Enters Injunction Against Seafood Manufacturer in California. Permanent Injunction Entered Against Vermont Dairy FarmUnited States v. Correia Farm Limited Partnership d/b/a Wynsum Holsteins, and Anthony Correia, Barbara Correia, and Stephen Correia, Press ReleaseDocket Number: 1:15-CV-0256  (D. Vt.). 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. Cal.). and 3:15-CV-0371 (W.D.Wis.). Docket Number: 1:20-cr-20190 (S.D. 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. Laboratories, a California dietary supplement manufacturer, pleaded guilty to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce. These defendants ran a mail fraud scheme in which victims received letters from alleged world-renowned psychics, offering purportedly personalized psychic predictions and services for a fee. Common law dates to early English monarchy when courts began collecting and publishing legal decisions. At times, telemarketers directed homeowners to stop making their mortgage payments. Chipotle Mexican Grill to Pay $25 Million Fine for Food Safety Violations, United States v. Chipotle Mexican Grill, Inc.Press release This scheme defrauded more than 1 million Americans out of more than $180 million. In pleading guilty, Akinyoyenu admitted that he paid a doctor to review thousands of prescription drug orders for a small fee per order. As part of a global resolution, Baxter agreed to a deferred prosecution agreement and to pay a total of $16 million in criminal monetary penalties and forfeiture. One co-defendant in the scheme was sentenced in March, and a third defendant is set to be sentenced in July. Fla.). The information also alleges that Palacio knowingly and falsely claimed in an affidavit to the FDA that a particular subject participated in the trial when, in fact, that subject had not so participated. Docket Number: 1:16-CR-0450 (D. Cal. Current cases. The injunction further requires Dr. Reddy’s to maintain internal controls and procedures designed to ensure timely, truthful, complete, and accurate reporting of such issues to the Commission. Docket Number: 1:17-CV-03751; 1:17-CV-03752 (E.D.N.Y.). District Court Enters Permanent Injunction to Stop New Jersey and New York Companies and Executives from Distributing Unapproved and Misbranded DrugsUnited States v. S Hackett Marketing LLC d/b/a Just Enhance, et al. United States v. Castro et al. Lawrence A. Kaplan, who was Vendstar’s technical support manager, a position in which he stifled complaints to keep the scheme going, was sentenced to 54 months in prison. Elmer was convicted of conspiracy and nine counts of adulteration on April 10, 2019, following a jury trial trial. On March 24, 2020, U.S. District Judge Robert N. Scola sentenced Rodolfo Hermoza to serve 88 months’ imprisonment in connection with his supervision of call centers in Peru that threatened American consumers into paying fraudulent settlements for nonexistent debts. Tex.). BEK prepared, processed, packed, and distributed ready-to-eat seafood products, namely seafood soups sold under the names Shrimp Locksley and Mama’s Gumbo. Arraignment is scheduled for May 6 in Abington, Virginia. On February 12, 2020, Angel Armando Adrianzen pleaded guilty to two counts of possession of child pornography. Me.). Blue Bell also agreed to pay an additional $2.1 million to resolve civil False Claims Act allegations regarding ice cream products manufactured under insanitary conditions and sold to federal military facilities. D.C. Pharmacist Who Distributed Drugs Without Valid Prescriptions Ordered to Pay $250,000 Criminal FineUnited States v. Akinyoyenu Press Release The resolution also includes a civil settlement with the federal government, including a payment of approximately $2.158 million, to resolve allegations that Baxter submitted false claims to the Department of Veterans Affairs in violation of the False Claims Act. Smith instructed customers to combine MMS with citric acid and ingest the resulting chlorine dioxide. Victims who paid the fees received either nothing, a cheap piece of jewelry, or a report listing unrelated sweepstakes. § 1345 against two businesses and two individuals alleged to operate a direct-mailing scheme based in Fort Lauderdale, Florida. Prescription Drugs Docket Number: 1:16-CV-2770 (E.D.N.Y.). On March 3, 2016, the district court entered a consent decree of permanent injunction against Henry’s Farm, Inc., and its owner, Soo C. Park. A trial date has not yet been set. 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. Vartanian previously pled guilty to one count of conspiracy to commit mail and wire fraud for his role as a salesman at Nelson Gamble & Associates and Jackson Hunter Morris & Knight LLP, companies that offered to settle credit card debts but instead took victims’ payments as undisclosed up-front fees. Cal.). Docket Number: 2:16-CR-0071 (D. Nev.). White entered a temporary restraining order against an Oklahoma company that touted an unapproved colloidal silver product as a COVID-19 treatment. In a 2018 complaint, the United States alleged that the defendants distributed Zylast products in violation of the Federal Food, Drug, and Cosmetic Act. Robert “Larry” Lytle, 84, of Rapid City, South Dakota is currently serving a 12-year prison sentence after pleading guilty last year to introducing misbranded medical devices into interstate commerce with the intent to defraud and mislead and criminal contempt. Docket Number: 2:14-cr-126. He instructed consumers to combine MMS with citric acid to create chlorine dioxide, add water and drink the resulting mixture to cure numerous illnesses. Tex.). Justice Department Obtains $1.4 Billion from Reckitt Benckiser Group in Largest Recovery in a Case Concerning an Opioid Drug in United States HistoryUnited States v. $647,000,000 in U.S. CurrencyPress Release The jury also determined that defendant Forrest Baker had authority to control the corporate defendants and participated in their practices and was therefore personally responsible for the violations. The defendants attempted to conceal their smuggling by using shipping labels that misrepresented the contents of their shipments, including customs declarations falsely describing the contents as “gifts” or “toys” with low declared monetary values, and by using multiple addresses in an effort to reduce the likelihood of seizures by U.S. Customs and Border Protection authorities. Docket Number: 1:19-cv-2184 (D.D.C.). The firm sold their soups to various distributors after receiving seafood from other states including Florida. 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. 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