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civil law cases2022/04/25
8:14-CR-0198-DSF; 8:15-CR-0041 (C.D. Blue Bell Creameries Sentencing Date Set in Listeria Contamination Case, United States v. Blue Bell Creameries 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. Docket Number: 2:17-CR-00004 (E.D. 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. Case Class: On February 8, 2021, Steven Diaz pleaded guilty to conspiracy to commit mail fraud as part of an fraudulent prize promotion scam. The criminal charges will be dismissed in three years if Pentax complies with enhanced compliance requirements that are part of the agreement. 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 Court Permanently Enjoins Canadian Mass-Mailers From Sending Fraudulent Solicitations United States v. Thomas, et al. 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 Number: 1:19-cv-2184 (D.D.C.). For other matters of interest, see: CLOSED CASES or ARCHIVED CASE SUMMARIES. 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. On June 5, 2015, the United States filed an injunction action in the District of New Jersey against Acino Products, LLC (Acino) and its owner, Ravi Deshpande, to prevent the distribution of unapproved and misbranded drugs. In pleading guilty to money laundering last December, Crawford admitted that from 2017 to 2019, he recruited at least 30 money mules to facilitate the receipt of millions of dollars taken from Department of Defense and Veterans Affairs benefit programs using personally identifying information stolen from victims. Press ReleasePress Release The defendants portrayed the companies as law firms and attorney-based companies that would negotiate favorable credit card settlements on behalf of consumers. Sitesh Patel, the vice president of S.K. The settlement follows an investigation by the Consumer Protection Branch and the U.S. Attorneys Office for the District of New Jersey into potential claims pursuant to the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) and investigations conducted by various State Attorneys General pursuant to state law. Among other provisions, the preliminary injunction bars the defendant from providing or purporting to provide technical-support services and from conducting business through use of any of its email and internet website addresses, including www.computerphoneassist.com, www.elagoonites.com, www.elagoondigital.com, contact@computerphoneassist.com, and contact@elagoonites.com. Reyes then resold these vape cartridges for profit to a vape shop located in Dallas. 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. Chlorine dioxide, most commonly used as an industrial bleach, is a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. California Hand Sanitizer Distributor Ordered to Stop Marketing Unapproved New Drugs, United States v. Innovative Biodefense, et al.Press Release This litigation arose following eight years of FDA inspections which found that the defendants continually violated the agencys Current Good Manufacturing Practice (CGMP) regulations in their sandwich production. Court Permanently Enjoins New York Company from Distributing Adulterated and Misbranded Dietary SupplementsUnited States v. Riddhi USA, Inc., et al.Press Release United States v. Confidence USA, Inc., et al. On December 19, 2019, Johnny Hidalgo, Rodolfo Hermoza, and Francesco Guerra were extradited from Peru to face charges of conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and extortion in the Southern District of Florida. Complaint Filed Against New York Food Distributors Alleging Insanitary ConditionsUnited States v. Euroline Foods, LLC, et al.Press Release The Civil Rights Cases of 1883. But the court left for the jurys determination at trial the issues of whether the defendants were liable for making deceptive claims, ignoring consumers prior do-not-call requests, and abandoning calls. growth and toxin formation in susceptible fish and fishery products. 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. Sales staff routinely lied to homeowners, stating that the firms had a team of experienced attorneys, a long track record and a very high success rate. Legal Forms & Services. 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. District Court Finds Websites to be Labeling Under FDCA in Denying Motion to Dismiss Enforcement ActionUnited States v. Innovative BioDefense, Inc. et al. 2:21-cv-00267 (D. Utah). 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. Press ReleaseDocket Number: 2:14-CV-4395 (E.D.N.Y.). Docket No. The three-count complaint alleges that Vivint violated the Fair Credit Reporting Act and Section 5 of the Federal Trade Commission Act by: (1) failing to establish an identity theft prevention program; (2) obtaining consumers credit reports without a permissible purpose; and (3) unfairly selling false debts to debt collectors. The Court held that the defendants violations meant the supplements were adulterated as a matter of law, and set a hearing for February 17 to discuss the scope of a permanent injunction. The total $19.35 million in fine, forfeiture, and civil settlement payments constitutes the second largest-ever amount paid in resolution of a food-safety matter. Another consent decree entered in that case on March 2 barred defendants Jon Kahen, Global Voicecom, Inc., and Global Telecommunication Services Inc. from conveying recorded telephone calls, directing calls into the United States from overseas, and originating calls within the United States. The complaint alleged that the defendants failed to adequately investigate or take sufficient corrective action to correct the insanitary conditions. Docket Number: 1:15-CR-0042 (D.D.C.). The court also observed that even if it had jurisdiction to consider plaintiffs challenge to the FDA guidance document, the plaintiffs request to enjoin FDA from conducting an enforcement action was an impermissible attempt to test a defense pre-enforcement. ); 5:16-CR-0022 (M.D. The indictment alleges that Palacio, who worked as a study coordinator at a clinical research site named Unlimited Medical Research, conspired with others to fabricate data in a clinical trial intended to evaluate asthma treatments in a pediatric population. 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 In order for the defendants to resume food production, the FDA first must determine that their manufacturing practices have come into compliance with the law. FDA also discovered the presence of L. mono at the facility, including samples taken from food contact surfaces and a sample of finished sprout product collected in May 2012. On August 14, 2020, the district court dismissed a challenge by a physicians interest group to FDAs since-revoked emergency use authorization (EUA) for hydroxychloroquine related to COVID-19. According to the complaint filed in the case, the defendants send fraudulent solicitations styled as notifications that the recipients have won large cash prizes, typically said to be worth more than $1 million. Cal. Two of the individual defendants, Jacob Geissler and Jonathan Doyle, are expected to be sentenced in federal court in Dallas on October 13 and 15, 2020, respectively. civil case. ); 2:15-CV-8889 (C.D. Docket Number: 2:17-CV-072773 (C.D. The labeling for defendants products claimed without FDA approval or clinical studies demonstrating safety and effectiveness that the products could treat a variety of serious conditions. Olympus pleaded guilty to three misdemeanor counts and Yabe to one misdemeanor count of violating the Federal Food, Drug, and Cosmetic Act by failing to file the required reports with the U.S. Food & Drug Administration. Under the Courts 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. Favorite Pants In 2007, when Custom Cleaners, a neighborhood dry cleaner, returned what Judge Roy Pearson claimed to be the wrong pair of pants, Pearson, an administrative law judge, decided to take action and sue for $67 million. On Nov. 21, 2017, the district court entered consent decrees against defendants BDK Mailing GmbH, Mailing Force Pte, Ltd., Only Three Pte. In pleading guilty, Wall admitted that beginning in 2007, he managed a call center in Manila associated with RX Limiteds online pharmaceutical sales websites. Tex.). Docket Number: 6:18-CR-0004 (D. Defendant Pleads Guilty in Clinical Trial Fraud Scheme. The Second Circuit previously affirmed the conviction and sentence of Ned Weaver, the manager of the scheme. United States v. Hidalgo et al. On November 4, the United States filed an injunction action against Scilabs and Edalat seeking this relief. The decree, which permanently enjoins the operation of a mail fraud scheme involving fraudulent direct mail solicitations from purported psychics Maria Duval and Patrick Guerin, was entered against: Canadian company 9097-9394 Qubec Inc. dba Infogest Direct Marketing (Infogest); Infogest employees Mary Thanos, Daniel Sousse and Philip Lett, all of Quebec, Canada; Hong Kong corporation Destiny Research Center Ltd.; Destiny Research Center President Martin Dettling of Zurich, Switzerland; Patrick Guerin of France and Maria Duval of France. On March 15, 2021, U.S. District Judge James P. Jones sentenced Brett Becker to six months of home confinement for introducing unapproved new drugs into interstate commerce in violation of the Food, Drug, and Cosmetic Act. The callers threatened victims with negative credit reports, imprisonment, deportation, or property seizures that could be avoided only through the immediate payment of settlement fees. Guerra was arrested in 2016 by Peruvian authorities and extradited to the United States last year. On December 5, 2014, Dallal pled guilty to two counts of conspiracy to commit mail and wire fraud. Judge Chhabria also ruled that FDAs guidance pertaining to genetically engineered animals cannot be challenged because it does not have direct and appreciable legal consequences, and therefore does not constitute final agency action. Final proceeds from the sale of these properties will go toward restitution payments in the fraud case. Ga.), District Court Rules for Government in Action Against Cheese Manufacturer, Docket Number: 2:14-CV-13077 (E.D. According to an indictment returned by a Miami grand jury, the defendants supervised call centers in Peru that placed calls to Spanish-speaking consumers across the United States. According to the complaints, both sets of defendants manufacture their products without FDA approval and without proof of safety and efficacy. 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. 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. Four Individuals Charged in Connection with Clinical Trial Fraud Scheme. Scilabs is a contract manufacturer of dietary supplements distributed under the brand name All Pro Science, including Complete Immune + capsules and various flavored powders called Complete, Recovery and Precharge. A civil lawsuit is filed in a civil court. Press Release Both defendants pleaded guilty last year. Print. At times, telemarketers directed homeowners to stop making their mortgage payments. Victims never received any lottery winnings. The courts order permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act and requires Gold Star and Pincow to implement consumer safety measures before continuing to process, pack, or distribute any fish or fishery products. );1:14-CR-10 (S.D. 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. Hidalgo was arrested in 2016 by Peruvian authorities and extradited to the United States with two co-defendants last year. 1345) against Michael Travalino to stop him from marketing herbal remedies as purported treatments for COVID-19 and other serious medical conditions. 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. Defendants named in the USP Labs matter pleaded guilty in 2019 to felony charges in connection with a scheme to fraudulently sell workout supplements. 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. Trial for the remaining defendants is scheduled to begin June 13, 2017. Docket Number: 1:20-cr-123 (W.D. District Court Adopts Consent Order on Implementation Details for Tobacco Corrective StatementUnited States v. Philip Morris USA, Inc., et al.Press ReleaseDocket Number: 1:99-CV-2496 (D.D.C.). Linick was one of six defendants convicted at trial in 2015 of committing wire fraud and conspiracy while working for Multivend, LLC, d/b/a/ Vendstar, a Long Island, New York, company that closed in 2010. Tex.). The complaint alleges that consumers pay for items supposedly sold through the websites but never receive those purchases. Fla.). Okla.). Fla.). Docket Number: 16-3861 (2d. The district court found that Spectrum and its former subsidiary, Applica Consumer Products Inc., violated the Consumer Product Safety Act by waiting years to inform the Consumer Product Safety Commission (CPSC) of customer reports that handles on Black & Decker-brand coffee carafes suddenly could break and create a burn hazard from hot coffee. The indictment charges Indivior with mail, wire, and health care fraud conspiracy and substantive counts. Tex). Weir is set to be sentenced on May 12, 2017. On May 14, 2020, U.S. District Court Judge Ronald A. Ark.). 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. Docket Numbers: 1:14-cr-75 & 1:12-cr-489. Author: George James Bayles: Publsiher: Unknown: Total Pages: 240: The questions presented are: "(1) Is time spent on an employer's premises in a . A company without a food facility registration cannot distribute any food products. According to the complaint, lab testing by the U.S. Department of Agriculture detected above-tolerance drug residue in the liver of one of defendants cows sold for slaughter. On February 22, 2019, Judge David Carter denied defendants motion to dismiss the United States complaint, finding that statements on websites can constitute drug labeling under the Food, Drug, and Cosmetic Act (FDCA). Docket Number: 2:18-CR-00726 (D. N.J.). 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. 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. Two months after B. Braun started selling syringes manufactured at the new AM2PAT facility, B. Braun recalled all of the syringes because the radiation sterilization process caused dangerous white particles to develop in the saline inside the syringes. 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. TRO Shutters Website in First Enforcement Action Against COVID-19 Fraud, United States v. Doe 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. On April 4, 2016, the district court issued an order of injunction to halt the distribution of adulterated cheeses. The complaint charges that the defendants violated the Telemarketing Sales Rule (TSR) by operating a telemarketing campaign that delivered pre-recorded robocall messages warning consumers about a purported looming 14 percent increase in their energy bill. The defendants were arrested in 2016 by Peruvian authorities and extradited to Miami in December. The consent decree requires Neptune to cease all manufacturing operations and requires that, in order for defendants to resume distributing seafood products, the FDA first must determine that Neptunes manufacturing practices have come into compliance with the law. Defendant Sentenced for Conspiring to Defraud the FDA and for Distribution of Over- and Under-Potent Compounded DrugsUnited States v. Paul Elmer and Caprice BeardenPress Release In February 2007, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) announced that an ongoing outbreak of salmonellosis cases in the United States could be traced directly to peanut butter produced at the companys plant in Sylvester, Georgia. Fla.). During the course of the scheme, Rodis Law Group and a successor company, Americas Law Group, obtained more than $9,000,000 from over 1,800 homeowners. Two additional defendants remain in Peru pending extradition. Under the proposed consent decree, Downing will be enjoined from manufacturing drugs in violation of the FDCA and will be required to cease operations until FDA determines that the company has brought its conduct into compliance with the law. Docket Number: 1:20-cr-104 (E.D.N.Y.). ), Docket Numbers: 2:16-CR-0124 (E.D. View Complaint. The court found that the defendants had distributed sandwiches that were adulterated as a matter of law under the Food, Drug, and Cosmetic Act for failure to follow CGMP. The civil penalties include $168 million payable to the United States related to at least 66 million illegal calls by Dish and its retailers. He also pleaded guilty to charges brought by the Narcotics and Dangerous Drugs Section of the Criminal Division related to his sale of methamphetamine precursor chemicals. Four Individuals Charged in Clinical Trial Fraud Scheme, United States v. Bencosme, et al. Justice Department and State Partners Secure Nearly $864 Million Settlement With Moodys Arising From Conduct in the Lead up to the Financial CrisisIn re: Moodys Investors Service Inc. Press Release Many of the drugs sold by the defendants were generic drugs that were unapproved for sale in the United States; others were Schedule III steroids or drugs used by steroid users, such as clenbuterol. According to the indictment, the aegeline-containing product was associated with a 2013 outbreak of severe liver injuries before being pulled from the market. Docket Number: 5:17-CR-50022 (D.S.D.). 5:21-cr-00156 (W.D. On June 30, 2015, former Quality Egg marketing manager Tony Wasmund was sentenced to four years probation for his participation in a conspiracy to bribe a USDA Inspector, to sell restricted eggs with intent to defraud, and to introduce misbranded food into interstate commerce with intent to defraud and mislead regulators and customers. Based on the evidence presented, the court found probable cause to conclude that Defendant Maven Infotech Pvt. The statements address the effects of cigarette smoking and the fact that cigarettes are deliberately designed to create and sustain addiction. In pleading guilty, Brown admitted that he exploited his position as an electronic health records administrator to steal the personal identifying information of thousands of servicemembers and veterans, and then sold the data to co-conspirators based in the Philippines and the United States. Ul Haq and Saeed were arrested in England in October 2012, and held without bond until they were extradited to the United States in the spring of 2013. 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. In the spring of 2007, AM2PAT moved to a new manufacturing facility and changed the company AM2PAT would use to sterilize B. Braun saline syringes through a new radiation sterilization process. The defendants then caused the vehicles odometers and titles to reflect false, low mileages, and they sold the vehicles for inflated prices to unwitting consumers. Docket Number: 3:09-CV-03073 (C.D. The coordinated U.S. and Dutch actions immediately stopped defendants from using the Dutch boxes to receive future payments from fraud victims and from further victimizing elderly Americans. In a July 2019 complaint, the government alleged that Facebook violated a 2012 FTC Order and committed new violations of the FTC Act by misrepresenting to consumers how to protect personal data and how Facebook used such data. Long used the proceeds of his fraud scheme to purchase a ranch in Texas, three airplanes, cars, buses, ATVs, and a fire truck, as well as to pay other personal expenses. Cyril Willson, who helped to formulate the companys products, and Mathew Hebert, one of the owners of USP Labs, pleaded guilty to introducing misbranded food into interstate commerce with the intent to defraud or mislead. The plea was part of an global resolution that included a separate consent decree of permanent injunction to resolve civil liability under the FDCA. The legal justice system is divided into two main courts: criminal and civil. Press Release In pleading guilty, Diaz admitted that he and co-conspirators caused to be mass-mailed to consumers notifications promising large cash prizes in exchange for payment of certain fees. According to charges, Gore sent collection letters to victims of the psychic scheme after the victims checks bounced. Before trying a Civil case the judge will read the relevant case papers and becomes familiar with their details. Judges have latitude when it comes to how they write their opinions and some run with it. (civil case). 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