Defendants Sentenced in Texas Prescription Drug Smuggling Ring United States v. Catherine Nix,Tom Giddens, and Wanda HollisPress ReleaseDocket Number: 6:14-CR-49 (E.D. Consent Decree Entered Against Three Dietary Supplement ManufacturersUnited States v. Atrium Inc., et al.Press ReleaseDocket Number: 1:15-CV-0927 (E. D. Wis.). 1. On August 6, 2018, the District Court permanently enjoined a group of entities and individuals alleged to have been involved for more than a decade in predatory mail fraud schemes that targeted primarily elderly victims throughout the world. 1343. District Court Issues Temporary Restraining Order against Las Vegas Defendants in Direct-Mailing SchemeUnited States v. Kern, et al. 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: 3:17-CR-547 (N.D. On July 24, 2019, the Department filed a complaint in District Court for the District of Columbia alleging that Facebook violated an administrative order issued by the FTC in 2012 by misleading users about the extent to which third-party application developers could access users personal information. Docket No. Both defendants were charged in a 14-count indictment alleging a five-year identity theft scheme that targeted servicemembers and veterans. On June 2, 2017, Claude Shaw of Miramar, Florida, was sentenced to serve 36 months in prison and three years of supervised release for his participation in a fraudulent lottery scam based in Jamaica. ), Docket Number: 3:12-CR-922 (D.P.R. Court Enters Temporary Restraining Order Against Tech-Support Wire Fraud SchemeUnited States v. Maven Infotech Pvt. Florida Resident Sentenced in Connection with Jamaica-Based Lottery ScamUnited States v. Cassandra Althea PalmerPress Release On December 23, 2019, the U.S. District Court for the Eastern District of New York permanently enjoined Edgewood, New York entities ABH Natures Products, Inc., ABH Pharma, Inc., and StockNutra.com, Inc., along with the businesses owner, Mohammed Jahirul Islam, of Flushing, New York, from distributing adulterated and misbranded dietary supplements in violation of the Federal Food, Drug, and Cosmetic Act. The material was found on Adrianzens cell phone and laptop computer when government agents executed search warrants on both devices in connection with an unrelated fraud investigation. Wash.). Many homeowners lost their homes to foreclosure after hiring the firms. As alleged in the information, between March 5 and 15, 2011, nine patients at various Birmingham-area hospitals who developed bloodstream infections caused by S. marcescens died, and several other hospital patients developed S. marcescens bloodstream infections but survived. Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit. According to the indictment, the Peruvian callers represented themselves as attorneys or government representatives and falsely told victims that they had failed to pay for or receive a delivery of products. The order also imposes a civil penalty of approximately $45.4 million, of which all but $487,735 is conditionally suspended based on the defendants financial condition. District Court Finds Websites to be Labeling Under FDCA in Denying Motion to Dismiss Enforcement ActionUnited States v. Innovative BioDefense, Inc. et al. 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. 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. United States Seeks Preliminary Injunction Against Arkansas Compounding PharmacyUnited States v. Cantrell Drug Co. et al.Press Release 1:21-cv-810 (N.D. Ga.). Docket Number: 2:18-CR-0046 (E.D.N.Y.). According to the complaint, the defendants all played roles in the schemes, which involved solicitations claiming victims had won large cash prizes. Find a Lawyer. 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. United States v. WeCare Pharmacy, et al. Court cases that involve disputes between people or businesses over money or some injury to personal rights are called "civil" cases. Pursuant to the decree, the defendants must cease all operations and obtain FDAs approval before resuming the manufacture of dietary supplements in the future. United States v. Assad, et al., According to the charges, all of these patients had been given TPN that was compounded and distributed by Meds IV. Yvelice Villaman Bencosme, M.D., Lisett Raventos, Jessica Palacio, and Maytee Lledo each were charged by information in the Southern District of Florida with one count of conspiracy to commit wire fraud, and Palacio was also charged with one count of making a false statement to the FDA. ); 2:14-CV-1156 (D.N.J. ); 2:15-CV-8889 (C.D. Rulings in a statutory law system are based primarily statutory laws. Press release 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. On September 27, 2016, Vania Lee Allen was sentenced to 40 months in prison and 3 years of supervised release following her conviction on charges of conspiracy to commit wire fraud and falsely impersonate an employee of the United States. Basnight fraudulently obtained new title documents reflecting the false mileages and resold the vehicles at inflated prices. The defendants portrayed the companies as law firms and attorney-based companies that would negotiate favorable credit card settlements on behalf of consumers. Civil Court Cases. Tex.). Barka, who primarily resided in Turkey during the course of the scheme, worked with a co-conspirator to send fraudulent prize notification letters to victims in the United States and numerous other countries. On August 5, 2020, a Nevada federal grand jury returned an indictment against Alex Quaglia and Patrick Fraser, both of Canada, for their alleged roles in elder fraud sweepstakes schemes. The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. Suit Filed Against California Telemarketer to Halt Unlawful Robocalls Promoting Solar Panel SalesUnited States v. KFJ Marketing et al.Press Release 1345 against Maven Infotech Pvt. 19-CR-00524 (W.D. Fla). Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. 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. Wasmund, who cooperated with the government in its investigation of Quality Egg and its principals, Jack and Peter DeCoster, pleaded guilty in September 2012 to one count of conspiracy. United States v. Philip Morris USA, Inc., et al. Eliza Anderson, Deseret News. NameCheap, Inc., the company that registered the fraudulent website on the defendants behalf, took down the site within hours of receiving the TRO entered by U.S. District Judge Robert Pitman. Press ReleaseDocket Number: 2:15-CV-1403 (E. D. On December 4, 2019, a Dallas grand jury indicted Christopher Reyes on charges related to the importation of counterfeit THC vaping products from Chinese manufacturers. Robinson also was ordered to pay $320,797.82 in restitution to the victims of the scheme. The complaints were filed by the U.S. Attorneys Office for the Northern District of Ohio and the Consumer Protection Branch. The complaint alleges that such drug claims appear on the defendants primary website and the website of one of the companys primary distributors. The defendants also sell background reports despite failing to comply with the laws requiring defendants to ensure that the reports are as accurate as possible, to identify who is buying the reports and how they plan to use them, and to notify buyers of how they may legally use the reports. Docket Number: 1:20-cr-123; 1:20-cr-122 (W.D. 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. In pleading guilty, Gutierrez admitted that he oversaw a series of call centers in Peru that threatened Spanish-speaking victims with various consequences if they failed to pay non-existent debts. The Supreme Court will ponder that Tuesday in Groff v. DeJoy, the case of a U.S. Yvelice Villaman Bencosme, M.D., Lisett Raventos, Jessica Palacio, and Maytee Lledo each were charged by information in the Southern District of Florida with one count of conspiracy to commit wire fraud, and Palacio also was charged with one count of making a false statement to the FDA. U.S. Supreme Court Issues Landmark Civil Rights Decision. MediNatura v. FDA, The settlement requires Facebook to pay a $5 billion civil penalty and amends the 2012 FTC order by requiring Facebook to implement comprehensive new privacy measures, including creating an independent assessor and independent privacy committee to oversee compliance with the order; conducting privacy reviews for all Facebook-owned products and services, including Instagram and WhatsApp; and committing to annual compliance certifications by Facebook CEO Mark Zuckerberg. Victims banks reversed only approximately half of these charges, and Long succeeded in stealing more than $11 million. Docket Number: 8:20-cv-1794 (M.D. Docket Number:0:18-CV-60377 (S.D. Business Formation. Basnight pleaded guilty in January to one count of conspiracy to commit odometer tamping and securities fraud. MediNatura v. FDA, The court found that the government's actions before the grand jury were neither improper nor misleading, and the court denied Indivior's motion to dismiss the indictment. Fla.). In the coming months, several offers were received, including the highest offer of $1,665,000, which was approved by the court on July 27, 2017. Third Defendant Pleads Guilty in Clinical Trial Fraud Scheme. 2:19-cv-3073 (E.D.N.Y.). Between July 2011 and November 2012, Baxter manufactured IV solutions in a clean room with moldy HEPA filters, despite the fact that an employee had reported the presence of mold on the HEPA filters to plant management. On Jan. 25, 2018, Ercan Barka pleaded guilty to one count of conspiracy to commit mail fraud for his role in a large-scale international mail fraud scheme that brought in $50 million from victims between 2011 and 2016. OxyElite Pro was recalled in 2013 after being linked by the Food and Drug Administration to a deadly outbreak of serious liver injuries. In pleading guilty, the defendants admitted that they caused at least 225 vehicles to be sold with rolled back odometers. If they can't afford one, the state must provide an attorney. Bruner-McMahon v. Jameson, et al. Simultaneously with the filing of this action, Dutch law enforcement agents executed search warrants on the business address used by both companies and on Dekkers home address. Burnett owned and operated Lifestyle Auto Broker LLC, a Georgia corporation that bought and sold used cars. The civil penalties include $168 million payable to the United States related to at least 66 million illegal calls by Dish and its retailers. For example in the summer of 2014, inspectors found that 19 lots of Downings drugs had tested positive for various microorganisms, including Staphylococcus haemolyticus, which can cause septicemia, peritonitis, and urinary tract infections, and Nocardia nova, which can cause pneumonia, sinusitis, and skin infections. As a result, in March 2017, the United States sought and obtained the courts appointment of a second realtor in addition to the defendants realtor to attempt to sell the properties. These infections can cause serious medical complications, including death, because S. marcescens is resistant to many antibiotics. And Martha Stewart was sued by her father for insider trading, which resulted in her car catching fire and burning. Many of the victims were elderly. Defendant Shevin Goodman pled guilty in 2008 to conspiracy to commit mail fraud in violation of 18 U.S.C. BEK prepared, processed, packed, and distributed ready-to-eat seafood products, namely seafood soups sold under the names Shrimp Locksley and Mamas Gumbo. On April 29, 2021, Omar Cuzcano Marroquin pleaded guilty to conspiracy to commit mail and wire fraud in connection with a series of Peruvian call centers that used Internet-based calls to contact Spanish-speaking consumers in the United States to threaten and defraud them. Sentencing before U.S. District Judge Beth Bloom is set for April 16, 2021, in Miami. Sunset Natural Products was a dietary supplement manufacturer and distributor in Miami, Florida that, in addition to manufacturing its own products, also acted as a contract repacker/relabeler of previously encapsulated dietary supplements. The states involved in the settlement include Arizona, California, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, South Carolina and Washington as well as the District of Columbia. ); 5:16-CR-0022 (M.D. Dailey pleaded guilty on January 8, 2019 to one count of introducing misbranded drugs into interstate commerce and one count of importing merchandise contrary to law. 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 complaint alleged that, over a period of several years, the defendants dispensed highly addictive and highly abused prescription opioids while ignoring red flags that is, obvious indications of drug diversion and drug-seeking behavior. In 2012 and 2013, Burnett bought high-mileage used cars, altered the mileage on the titles, rolled back the odometers, obtained new titles with false low mileages, and sold the cars to unsuspecting dealers. 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. Civil cases do allow juries in some instances, but many civil cases will be decided by a judge alone in what is referred to as a bench trial. Under the Federal Food, Drug, and Cosmetic Act, the failure to follow cGMP renders drugs manufactured under such conditions adulterated. Tex.). On June 1, 2020, U.S. District Judge Robert N. Scola sentenced Francesco Guerra to 90 months imprisonment and three years of supervised release for his supervision of a Peruvian call center used to carry out a fraud and extortion scheme against American consumers. The complaint alleges that, to sell their vitamin D and zinc products, the defendants have been advertising on social media and the internet that vitamin D and zinc treat or prevent COVID-19 and are more effective than vaccines, in violation of Sections 5 and 12 of the FTC Act, as well as the COVID-19 Consumer Protection Act (CCPA). The defendants agreed to be bound by a consent decree in which they stated that they no longer manufacturer or process fish or fishery products, and only distribute prepackaged items. On June 23, 2020, Gareth David Long, of Las Vegas, Nevada, was sentenced to serve 70 months in prison for stealing millions of dollars from hundreds of thousands of consumers. Three other individuals Patti Kern, Edgar Del Rio, and Sean OConnor pleaded guilty to conspiracy to commit mail fraud in 2019. Thus, they are misbranded within the meaning of the Food, Drug, and Cosmetic Act (FDCA"). 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. 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. One co-defendant in the scheme was sentenced in March, and a third defendant is set to be sentenced in July. On February 19, 2021, the United States filed a civil complaint seeking to permanently enjoin the owners of a Tampa-area clinic and pharmacy from unlawfully dispensing opioids and other controlled substances. Lytle and another QLaser distributor, Irina Kossovskaia, were indicted earlier this year on related charges of mail fraud, wire fraud, conspiracy, and contempt. 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.). Calif.). In a complaint filed February 1, 2019, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act by causing drugs to become adulterated. United States v. Crawford, United States v. Brown, Office of International Judicial Assistance, Deceptive Practices, Telemarketing, and Data Privacy, Maven Infotech - The Summons and Complaint, in a publicly available 2017 warning letter, The Seventh Circuit upheld the lower courts ruling here in May 2019. 841(a) and (b)(l)(B). Between 2012 and 2016, Ressler designed fraudulent sweepstakes and prize notification solicitations sent by co-conspirators to victims in the United States and other countries. That scheme particularly affects elderly individuals throughout the country, and in several foreign countries. Among other provisions, the order bars the defendant from engaging in computer-security telemarketing, accepting payment for technical-support services, impersonating technology companies, and from conducting business through use of its email addresses in the @ozemioinc.com and @urgentechelp.com domains. Docket Number: 1:20-cv-5356 (N.D. Ill.). 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. Va.). The cases were consolidated for plea and sentencing in Puerto Rico. Dietary Supplement Companies Sentenced in Case Involving Alleged Link to Liver Damage, U.S. v. USPLabs, et al. Weaver argued in his appeal that he was not guilty because Vendstar customers signed purchase agreements in which they disclaimed reliance on what sales representatives had said verbally. On April 9, a federal grand jury sitting in Abingdon, Virginia, indicted Indivior for allegedly engaging in an illicit nationwide scheme to increase prescriptions of Suboxone. The court denied plaintiffs two other motions for a preliminary injunction and dismissed MediNaturas claims challenging FDAs addition of its products to the import alert. The Eleventh Circuit rejected both of his arguments, holding that the prison sentence was substantively reasonable and that the district court did not err in denying his motion to proceed pro se without holding a third Faretta hearing. Published 12:11 AM EDT, Thu April 13, 2023. Docket NO. Case No. Hidalgo was arrested in 2016 by Peruvian authorities and extradited to the United States with two co-defendants last year. On February 19, 2016, Joseph Dallal was sentenced to serve 33 months in prison in connection with two separate prescription drug diversion schemes. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. Some solicitations instruct recipients to pay a fee in order to receive their winnings; others urge recipients to purchase goods or services based on false promises that they will guarantee future lottery wins. Indiana Resident Charged with Sending Fraudulent Collection Letters to Mail FraudUnited States v. Sherry Gore Cal.). Along with pleading guilty, the company agreed to pay a criminal fine of $30 million and forfeit an additional $20 million. Mass.). According to the complaint, the defendants marketed their products as being effective against infection by pathogens such as norovirus, rhinovirus, rotavirus, the flu virus, Methicillin-Resistant Staphylococcus Aureus bacteria and Ebola, despite a lack of proof regarding the products safety and effectiveness for such uses. 4 February 2023 Animal Law Miss.). How do civil cases work? Under the order, the defendants may not prepare, process, manufacture, pack and/or hold FDA-regulated food products until they can ensure that L. mono is not present in their facility and their food, and until they have received FDAs written determination that their manufacturing practices comply with the law. On November 5, 2019, Gareth David Long pleaded guilty in the District of Nevada to one count of wire fraud and one count of aggravated identity theft. Press Release On February 5, 2021, U.S. District Judge Mary Scriven entered a stipulated preliminary injunction that bars a Tampa pharmacy and other named defendants from dispensing opioids and other controlled substances prescribed by a physician sharing building space with the pharmacy. Epsilon further admitted that over the course of nearly a decade, the company knowingly sold 30 million American consumers data to clients engaged in fraud. District Court Enjoins Pennsylvania Compounding Pharmacy from Distributing Adulterated DrugsUnited States v. Raniers Rx Laboratory, Inc., et al. Fla.) and 5:18-CV-01005 (C.D. Contact the Webmaster to submit comments. After numerous warnings in 2013, 2014 and 2015, NAE has still failed to take adequate steps to improve its manufacturing practices of its ready-to-eat refried beans and sauces. Docket Number: 1:20-cv-493 (W.D. The court in both matters granted temporary restraining orders to limit the defendants ability to distribute or dispense controlled substances. Edward Morris Ned Weaver, who was Vendstars president and CEO from 2004-2010, was sentenced to 60 months in prison. The complaint further alleged that FDA tests showed that some of the defendants products contained undisclosed pharmaceutical ingredients such as sildenafil, the active ingredient in Viagra. According to the indictment, the aegeline-containing product was associated with a 2013 outbreak of severe liver injuries before being pulled from the market. The complaint alleged that the defendants marketed such products as drugs to treat serious conditions without FDA approval and without proof of safety and efficacy. The guidelines for these disputes are outlined in official documents like a state's business and professions code, the health and safety code, and other governmental rules and regulations. 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