Palmer and her friend kept a portion of the money, and Palmer wire transferred the rest to her Jamaican co-conspirator. Modified versions of the Soviet legal system operated in many Communist states following the Second World War including Mongolia, the People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and . On January 8, 2020, Lawrence B. Ryan pleaded guilty in the Eastern District of Virginia, Norfolk Division, to one count of conspiracy to unlawfully distribute controlled substances and to introduce into interstate commerce misbranded drugs with intent to defraud or mislead. 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. Virginia Man Pleads Guilty in Odometer Tampering SchemeUnited States v. Eubank. Delaware Cheese Company Pleads Guilty to Food Adulteration Charge; Company and Individuals Also Enter Consent DecreeUnitedStates v. Roos Foods, Inc. Press ReleaseDocket Number: 1:16-MJ-0013(D. 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 pleading guilty, Lovisa admitted that he sent prize-promotion mailings that misled recipients, many of whom were elderly, into believing that they could claim and receive large cash prizes in exchange for modest fees. The defendants are scheduled to be sentenced early next year. Injunction Action Filed Against Drug CompounderUnited States v. Downing Labs, LLC et al.Press ReleaseDocket Number: 3:16-CV-003 (N.D.Tex.). 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. Cal. Me.). Dietary Supplement Manufacturer Enjoined from Distributing Adulterated, Misbranded Products Marketed as DrugsUnited States v. EonNutra LLC et al.Press Release The fine represents Akinyoyenus pecuniary gain from the crime. Mathauda also appealed the courts 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. Cal.). Victims who send payments receive no prize. Tex.). Mich.), Court Enters Injunction Against Seafood Manufacturer in California. Ressler also agreed to a civil consent order, filed Feb. 21 with in the Eastern District of New York, that enjoins him from involvement in further fraudulent solicitation schemes. Tex.). In a complaint filed September 10, 2020, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act and the Produce Safety Rule by growing sprouts and preparing and holding soy products that FDA inspections showed did not comply with food safety regulations. Victims never received any lottery winnings and lost more than $150,000. On March 3, 2016, Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act. The defendants included the alleged direct mailers who organized the scheme, mailing list managers, cagers who opened and processed victim returns, and payment processors. S. marcescens is a bacteria that can cause bloodstream infections if introduced into the bloodstream through contaminated medications. Press Release Case No. If someone damages another person's property, the victim may sue the perpetrator in civil court for the cost of the damage. Under the terms of the DPA, Epsilon, a marketing company with principal sales operations based in Colorado, agreed to pay a total monetary penalty of $150 million, with $127.5 million of that amount going to compensate victims of the fraudulent schemes that used consumer data sold by Epsilon. Press Release On January 13, 2017, the Department ratified a nearly $864 million settlement agreement with Moodys Investors Service Inc., Moodys Analytics Inc., and their parent company, Moodys Corporation over allegations arising from Moodys role in providing credit ratings for Residential Mortgage-Backed Securities (RMBS) and Collateralized Debt Obligations (CDO), contributing to the worst financial crisis since the Great Depression. The statements address the effects of cigarette smoking and the fact that cigarettes are deliberately designed to create and sustain addiction. The complaints alleged that the defendants imported childrens products containing, among other things, lead, phthalates, and small parts that posed a choking hazard for children under the age of three. The court in both matters granted temporary restraining orders to limit the defendants ability to distribute or dispense controlled substances. Executives of Canadian Payment Processor Charged with Fraud and Money LaunderingUnited States v. Day, Press Release Docket Number: 1:21-cr-00006-RM (D. Colo.). In pleading guilty, Long admitted that he used personal and financial information of more than 375,000 victims to steal millions of dollars from checking accounts. For example, here's how Justice Goldberg (a federal appeals court judge in Texas) began his 1986 opinion in. Fla.). Press Release The court previously entered a temporary restraining order against the defendants on May 8, 2019. 2:18-cr-133 (E.D. 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. On August 3, 2020, U.S. District Judge Kathleen M. Williams granted the governments motion for default judgment against two Americans currently located in Colombia who lead the non-religious Genesis II Church of Health and Healing, in an FDCA civil enforcement action. On June 26, 2017, Barry Cadden, the owner and head pharmacist of New England Compounding Center (NECC), was sentenced to nine years (108 months) of imprisonment, three years of supervised release, and forfeiture and restitution in amounts to be determined later. On August 14, 2018, Xu Jia Bao (a/k/a Fred Xu) pleaded guilty to wire fraud in connection with a scheme to sell mislabeled dietary supplements containing hidden synthetic stimulants. 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. People who eat food contaminated with the Listeria monocytogenes bacterium can contract the disease listeriosis, which can be seriouseven fatalfor vulnerable groups such as newborns and those with impaired immune systems. Press Release Fifth Defendant Sentenced in Debt Relief Fraud SchemeUnited States v. Nelson et al. Justice Department Files Suit Against Tampa-Area Physician, Pharmacy, and Clinic Owners for Opioid-Related Controlled Substances Act Violations. Smith was also ordered to pay $724,408.79 in restitution. 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. Lledo is the third defendant to plead guilty in connection with the scheme. Lytle and another QLaser distributor, Irina Kossovskaia, were indicted earlier this year on related charges of mail fraud, wire fraud, conspiracy, and contempt. Such cases are known as civil cases, as opposed to criminal cases, and the legal process is known as civil litigation. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. Many homeowners lost their homes to foreclosure after hiring the firms. On April 29, 2021, the Consumer Protection Branch filed a pre-settled complaint referred by the FTC against Utah-based Vivint Smart Home. At the time of their sentencings, both defendants had been incarcerated for approximately 4 years, including time spent in an English jail. The permanent injunction extends a preliminary injunction that halted the scam and shut down two websites used to legitimize the scheme, www.fortune500sweepstakes.com and www.fraudprotectionagency.com. The department filed a complaint in the U.S. District Court for the Central District of California on Nov. 21 alleging that Neptunes seafood products are produced under conditions that are inadequate to ensure the safety of its products. 1:20-cr-49 (W.D. Docket Number: 3:16-CR-313-RJC (W.D.N.C.). Docket Number: 8:18-CV-996 (C.D. Pursuant to the decree, the defendants must cease all operations and obtain FDAs approval before resuming the manufacture of dietary supplements in the future. On November 4, the United States filed an injunction action against Scilabs and Edalat seeking this relief. Docket Number: 1:17-CV-03751; 1:17-CV-03752 (E.D.N.Y.). The complaint alleges that Dr. Tobias Bacaner, Theodore Ferguson II, and Timothy Ferguson used Paragon Community Healthcare Inc., to unlawfully issue controlled substance prescriptions, and Cobalt Pharmacy Inc., to unlawfully fill controlled substance prescriptions, all in violation of the Controlled Substances Act. 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. The conflict started with an Amazon contract. 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 May 13, 2020, Blue Bell Creameries pleaded guilty before U.S. District Judge Robert Pitman to charges that the Texas-based ice cream manufacturer shipped listeria-contaminated products in 2015. Further, because they are prescription drugs, their labels by definition cannot bear adequate directions for use by a layperson. Xu was arrested at a Las Vegas dietary supplement trade show in September; two other defendants previously pleaded guilty in a related case. This makes the method by which laws are developed and enacted. 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. Court of Appeals Upholds Civil Penalty and Injunction Against Spectrum Brands for Failure to Report Defective Coffeemaker CarafeUnited States v. Spectrum Brands Press Release The website stated that kits would be sent in exchange for a $4.95 shipping charge, which consumers would pay by providing credit card billing information. 1345 against Elagoon Business Solutions Pvt Ltd., an India-based company. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property. Docket Number: 15-cr-20471 (S.D. Smith is a Jamaican national living in the United States. and United States v. Michael P. Tricaso, D.O.Press Release In addition, S.K. N.C.). Day and Davis were part-owners and the top managers of PacNet Services Ltd. (PacNet), a payment processing company based in Vancouver, British Columbia, Canada. Dallal was previously charged in the District of Puerto Rico and the Southern District of Ohio for selling illegally-sourced prescription drugs in connection with two distinct drug diversion schemes. L. mono can cause listeriosis, a disease that can be serious, and even fatal, for vulnerable groups such as newborns and those with impaired immune systems. The jury acquitted defendants on 14 felony counts of fraud and one conspiracy count. District Court Issues Preliminary Injunction Against Federal Trade Commission Impersonators in Sweepstakes Scheme, United States v. John Doe 1, et al. Armistead received $7,500 in cash from a victim in Maryland and deposited most of that money into accounts of a co-coconspirator. 4:21-cv-00437-RLW (E.D. Enforcement Action Filed Against Kansas Food Manufacturer United States v. Native American Enterprises, LLC, William N. McGreevy and Robert C. Conner, Press ReleaseDocket Number: 6:16-CV-1072 (D. Kan.). 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. Sixteen Defendants Have Pled Guilty to the Fraudulent Sale of Vending Machine Business Opportunities Fraud; Six Defendants Accused of Fraud Are Awaiting TrialVendstar (Multivend, LLC) (United States v. Edward Morris "Ned" Weaver, Lawrence A. Kaplan, Scott M. Doumas, Mark Benowitz, Richard R. Goldberg, Richard Linick, Paul E. Raia, Howard S. Strauss, Wallace W. Wally DiRenzo, and James P. Ellis, a/k/a Max Braddock, a/k/a Patrick Cosgrove, a/k/a Todd Parker," Theodore D. Heyman, Adam Abzug, Jeffrey T. Baird, a/k/a Jay Baird, Dennis Daniele, Jay A. Friedman, Steven Gralnick, a/k/a Robert Gralnick, Mark L. Harris, a/k/a Harris Marks, Iris Jumper; Michael C. Minotto, a/k/a Dean Minotto, Steven Rosenberg, Anthony Joseph Spinelli, and Barry Stern), Press Release Restitution will be decided at a later hearing. Marks induced sales by misrepresenting the business opportunitys likely profits, the amount of money that prior buyers were earning, how quickly buyers were likely to recover their investment, the quality of locations that were available for the vending machines, and the level of location assistance that buyers would receive from outside locating companies. Ninth Circuit Affirms Conviction in Miracle Cure CaseUnited States v. Louis Daniel SmithPress Release BEK prepared, processed, packed, and distributed ready-to-eat seafood products, namely seafood soups sold under the names Shrimp Locksley and Mamas Gumbo. The Statement of Facts also addresses Moodys failure to adhere to its own published standards when rating RMBS and CDOs. On August 22, 2018, civil enforcement actions under the Controlled Substances Act were unsealed against two physicians alleging the illegal distribution and dispensing of opioids and other controlled substances. Specifically, the complaint alleges that the defendants routinely dispensed controlled substances while ignoring numerous warning signs of diversion and abuse, such as unusually high dosages of oxycodone and other opioids, prescriptions for opioids and other controlled substances in dangerous combinations, and patients travelling extremely long distances to obtain and fill prescriptions. A trial date has not yet been set. On December 1, 2014, the U.S. District Court for the Central District of California entered a consent decree of permanent injunction against Neptune Manufacturing Inc. of Los Angeles and its corporate officers, Alexander Goldring, Peter Oyrekh and Semyon Krutovsky, to prevent the distribution of adulterated seafood products. The Court set Romeo's sentencing for June 21. Docket Number: 1:16-CR-0450 (D. On November 7, 2016, Pennsylvania-based medical device manufacturer Biocompatibles, Inc., a subsidiary of BTG plc, pled guilty to a misdemeanor charge of introducing a misbranded medical device into interstate commerce, in violation of the Food, Drug and Cosmetic Act. Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. Onochie Aghaegbuna; United States v. Jonathan WallDocket Number: 0:13-CR-273 (D. Minn.). Vol. On August 30, 2018, the district court granted the governments 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. The vast majority of Civil cases tried in court do not have a jury (libel and slander trials are the main exceptions). 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. Six Las Vegas-Area Defendants Charged in Elder Fraud Scheme Cal.). The $36 million global resolution relates to the medical device LC Bead, which is used to treat liver cancer. 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. Mont.). Docket Number: 1:15-cr-20471 (S.D. On October 25, 2018, Patrice Runner, a Canadian and French citizen, was indicted in the Eastern District of New York on charges of mail and wire fraud, conspiracy to commit mail and wire fraud, and conspiracy to commit money laundering. Docket Number: 2:16-CV-1643 (C.D. Tex.). Docket Number: 4:18-CV-0159 (E.D. 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. SHARE. 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. 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. Laboratories pleaded guilty to introduction of misbranded food into interstate commerce, and USPlabs pleaded guilty to conspiracy to introduce misbranded food into interstate commerce. Docket Number: 1:18-CV-22016 (S.D. Docket Number: 1:20-cv-2016 (E.D.N.Y.). The drugs were authorized and dispensed without any valid doctor-patient relationship; the websites linked to RX Limited focused on selling Soma, tramadol, and Fioricet directly to customers. Parties: Toyota Auto Mart Kenya Limited v Kenyariri. Docket Number: 1:19-CV-3382 (N.D. Ill.). As part of the scheme, a victim in Maryland was contacted by an individual in Jamaica and told that she had won a multi-million dollar lottery prize, but that in order to collect her lottery prize, she first had to pay taxes and fees. According to the complaint, FDA inspections performed in 2012, 2013 and 2014 revealed that the companys 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. Alabama Pharmacy Enjoined from Distributing Adulterated, Misbranded, or Unapproved DrugsUnited States v. Medistat RX, LLC, et al. 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. Civil law cases are concerned only with private law. 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 civil penalties include $168 million payable to the United States related to at least 66 million illegal calls by Dish and its retailers. Many victims received nothing; others received only a cheap piece of jewelry or a report listing unrelated sweepstakes. Lindo was also ordered to pay $292,900 in restitution. Peruvian Man Sentenced to 90 Months Imprisonment for Overseeing Call Centers that Threatened and Defrauded American Consumers, United States v. Francesco Guerra One of Robinsons co-conspirators, the title clerk who issued many of the fraudulent titles, was sentenced to five years of probation with 12 months of home detention in September 2016. The indictment alleged that the defendants misrepresented the nature and origin of the active ingredients in their products. Sentencing for Willson and Hebert is set for Aug. 22, 2019. The order permanently enjoins the defendants from processing and distributing food that is adulterated under the Food, Drug, and Cosmetic Act. mono.) Roos distributed several varieties of ready-to-eat cheese, including ricotta, queso fresco and fresh cheese curd and sold and distributed its products to wholesale customers in Maryland, New Jersey, Virginia and Washington D.C. Tex). 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. 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