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. On May 9, 2018, the United States filed complaints against two clinics that purport to manufacture stromal vascular fraction (SVF) products from patient adipose (fat) tissue, which the companies then market as stem cell-based treatments for a host of serious conditions and diseases, including cancer, spinal cord injuries, Parkinsons disease, pulmonary disease, arthritis, stroke, ALS, and multiple sclerosis. 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. In the lawsuit, the United States alleged that the defendants violated the FTCs Telemarketing Sales Rule (TSR) by (1) making deceptive claims to, among other things, induce consumers to purchase the defendants DVDs, (2) placing numerous calls to phone numbers on the National Do Not Call (DNC) Registry, (3) ignoring consumers prior do-not-call requests, (4) failing to make required oral disclosures, (5) failing to transmit accurate caller ID information, and (6) abandoning calls answered by consumers. The complaint alleges that the defendants, as part of a wire fraud scheme, created 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. Tex.). The civil courts also have a process to ensure awards can be enforced. Press Release Court Enters Temporary Restraining Order Against Tech-Support Wire Fraud SchemeUnited States v. Maven Infotech Pvt. In reality, Romeos companies sold Chinese knock-off hoodia that was imported using forged documentation. Rodis co-defendants recruited and trained telemarketing staff to answer consumer calls, during which sales staff routinely lied to homeowners about the firms success rates, ability to obtain loan modifications, and, at times, directed homeowners to stop making mortgage payments. Weir continued to distribute QLasers even after being enjoined by a federal court in January 2015. Raventos was charged in September along with three other individuals. 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. 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. On January 8, 2016, the district court entered a consent decree of permanent injunction against Downing Labs, LLC, Ashley Downing, Christopher Downing, and Roger Mansfield. 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 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. According to the complaint, FDA inspections of the Cantrell facility documented evidence of insanitary conditions and significant deviations from current good manufacturing practice requirements, including records showing the company detected potentially dangerous bacteria in the air and on surfaces used for sterile processing. 8:21-cv-00391 (M.D. The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. 19-CR-00524 (W.D. Nationally prominent civil rights attorneys Lee Merritt and Ben Crump announced Sunday that they were taking the case and promptly criticized authorities in Kansas City, Missouri, for releasing . Fla.). 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. On October 2, 2014, the United States filed a complaint for a permanent injunction against Pharmaceutical Innovations Inc. and its founder, owner, and chairman, Gilbert Buchalter, for violations of the Federal Food, Drug and Cosmetic Act (FDCA). Press Release Tex.). The Ninth Circuit rejected Harkonens arguments, holding that his attorneys decision to forego calling defense expert witnesses was an appropriate judgment call made by competent counsel after an extensive search for and preparation of multiple defense experts. Employee of Chinese Chemical Supplier Sentenced in Scheme to Sell Mislabeled Dietary Supplements United States v. ZhangPress Release Palsos guilty plea follows pleas by co-conspirators Larry Smith, Mihir Taneja, Arun Kapoor, Maikel Bolos, and Sterling-Knight Pharmaceuticals in December 2020 and January 2021. Docket Number: 2:14-cr-126 (E.D. On October 12, 2018, Tully Lovisa, of Huntington Station, NY, pleaded guilty to conspiracy to commit mail fraud in connection with a mass-mailing scheme that brought in millions of dollars from victims. Docket Number: 3:17-CV-1005 (S.D. 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. (Joel) Frantzman, to prevent the distribution of adulterated seafood products. Rulings in a statutory law system are based primarily statutory laws. 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. A civil case usually begins when one person or business (called the "plaintiff") claims to have been harmed by the actions of another person or business (called the "defendant"). On March 30, 2018, the district court permanently enjoined a Walton, New York, creamery and its owner, Johannes Vulto, from manufacturing and distributing adulterated food. The governments complaint seeks preliminary and permanent injunctions, civil penalties, and other equitable relief. The callers also falsely threatened victims with lawsuits, negative marks on their credit reports, imprisonment, or immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. Lindo received victims money, kept a portion for herself, and sent the remainder to individuals in Jamaica. One 2,460 % potent lot of Pharmakon morphine sulfate nearly caused the death of an infant at an Indianapolis hospital in 2016. The injunction requires, among other measures, that the defendants retain an independent expert to conduct an inspection of Syfrett Feed and certify that the firm operates in conformity with current good manufacturing practices. On April 21, 2020, the Department of Justice announced that Chipotle Mexican Grill had agreed to pay a $25 million fine to resolve criminal charges related to foodborne illness outbreaks that sickened more than 1,100 people between 2015 and 2018. A .gov website belongs to an official government organization in the United States. 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. 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. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. Docket Number: 2:20-cv-6692 (C.D. The United States criminal trial against Indivior is scheduled to begin on May 11, 2020. Cal.). The remaining three defendants are all in custody in the Philippines and awaiting repatriation/extradition. A judge hearing a Civil case. Court Orders New York Company and its Operators to Stop Distributing Adulterated Dietary Supplements. Law & Motion. Cal.). 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. Cal. Below is a brief summary of the seven most significant employment legal cases. From July 2008 until May 2012, Marks made sales from an office in Brooklyn, New York, on behalf of U-Turn Vending, which was based in Idaho. Docket Number: 2:18-CV-2656 (W.D. 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. Hammock v. Jensen et al. On March 3, 2021, U.S. District Judge Edward R. Korman enjoined dietary supplement firm Confidence USA and its operators from continued violations of the Food, Drug, and Cosmetic Act. ); 2:14-CV-1156 (D.N.J. Docket Number: 2:18-CR-0046 (E.D.N.Y.). Court Orders West Texas Man to Stop Selling Purported COVID-19 Treatments, United States v. Michael Marc Travalino a/k/a Marc White Eagle Ltd., Dharti Desai and Mehul Desai. Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Felecia Roxanne Lindo 2:21-cv-00267 (D. Utah). Medical Device Maker Pleads Guilty to Misbranding and Agrees to Pay $36 Million to Resolve Criminal Liability and False Claims Act AllegationsUnited States v. Biocompatibles, Inc.Press ReleaseDocket Number: 1:16-MJ-00710 (D.D.C.). On November 21, 2016, defendant John Vartanian was sentenced to 27 months imprisonment and ordered to pay $1.2 million of restitution in connection with a fraudulent debt relief services scheme based in Orange County, California. Employee of Chinese Chemical Supplier Pleads Guilty in Scheme to Sell Mislabeled Dietary Supplements United States v. XuPress Release The permanent injunction prohibits the defendants from distributing Miracle Mineral Solution, an industrial bleach product the defendants touted as a cure for COVID-19 and a plethora of other serious diseases. The remainder will be distributed among the settlement member states in alignment with terms of the agreement. Peruvian Man Sentenced to 88 Months of Imprisonment for Overseeing Call Centers that Threatened and Defrauded Spanish-Speaking U.S. Consumers, United States v. Rodolfo Hermoza The fraud investigation resulted in Adrianzens conviction in November 2019 for conspiracy to commit mail and wire fraud. They are expected to enter guilty pleas to the informations, which were filed in the U.S. District Courts for the Eastern District of Louisiana and Middle District of Florida. 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. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. 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. Sentencing for Willson and Hebert is set for Aug. 22, 2019. Download Civil Church Law Cases full books in PDF, epub, and Kindle. A copy of the Court Order is available. On June 19, 2019, four individuals were charged in connection with an alleged scheme involving payments from victims of numerous international mass-mail fraud campaigns. 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. In January 2014, Ul Haq entered guilty pleas to all 48 counts of the indictment, which charged him with conspiracy to import and distribute Schedule II, III, and IV controlled substances, conspiracy to defraud the United States and its agencies and introduce into interstate commerce misbranded drugs, conspiracy to commit international money laundering, and numerous substantive offenses of the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act. According to the complaints, the defendants and their affiliates have used their products on thousands of patients without obtaining necessary FDA approvals. Trial for the remaining defendants is scheduled to begin June 13, 2017. In pleading guilty, Ryan admitted that from 2007 through 2010, he unlawfully authorized more than 158,000 drug orders placed by customers using websites to purchase prescription drugs, including Fioricet, a drug that contains butalbital, a controlled substance. Per this policy, in unlimited civil cases a party who has received a fee waiver may request an official court reporter The criminal charge and civil complaint alleged that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono). 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. Docket Number: 2:20-cv-279 (D. Utah). On April 7, 2020, Pentax Medical Company entered into a deferred prosecution agreement in which it agreed to pay $43 million in criminal fines and forfeiture for violating the Federal Food, Drug, and Cosmetic Act. United States Seeks Preliminary Injunction Against Arkansas Compounding PharmacyUnited States v. Cantrell Drug Co. et al.Press Release United States of America v. City of Seattle. Ga.). Kimura would deposit some of those money orders into his own bank account and forward the rest to others participating in the scheme. MediNatura v. FDA, According to the complaint, the defendants market various Zylast products as being effective against infection by pathogens such as the norovirus, rhinovirus, rotavirus, flu virus, Methicillin-Resistant Staphylococcus Aureus bacteria, and Ebola virus, despite a lack of proof of the products safety and effectiveness and no approval from the U.S. Food and Drug Administration (FDA). The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Robinson also was ordered to pay $320,797.82 in restitution to the victims of the scheme. Until December 2014, RB Groups wholly owned subsidiary, Indivior Inc. (then known as Reckitt Benckiser Pharmaceuticals Inc.) marketed and sold Suboxone throughout the United States. Press Release The defendant also was ordered to make restitution payments to victims. Before B. Brauns quality department approved either of AM2PATs changes, B. Braun began selling syringes manufactured in AM2PATs new facility. New Jersey Man Pleads Guilty to Large-Scale International Mass-Mailing Fraud SchemeUnited States v. Ercan Barka In a complaint filed June 4, 2018, the United States alleged that inspections at Delta Pharmas facility found numerous insanitary conditions and deviations from current Good Manufacturing Practice requirements, including failure to establish and follow appropriate written procedures that are designed to prevent microbiological contamination of drug products purporting to be sterile. Docket Number: 3:16-CR-0224 (W.D.N.C.). Link Copied! D.C. Pharmacist Who Distributed Drugs Without Valid Prescriptions Ordered to Pay $250,000 Criminal FineUnited States v. Akinyoyenu Press Release Docket Number: 3:15-CV-3769 (D.N.J.). Hermoza and the other callers told victims that they must immediately pay settlement fees to avoid these consequences. Press ReleaseDocket Number: 2:15-CV-1403 (E. D. Bencosme is the second defendant to plead guilty in connection with this scheme. Arnold v. Docket Number: 19-CR-0282 (D. On Nov. 14, 2017, the Ninth Circuit Court of Appeals affirmed the conviction of Louis Daniel Smith, who is serving a 51-month sentence for conspiracy, smuggling, distributing misbranded drugs, and defrauding the United States. Medical Device Manufacturer Ordered to Pay $85 Million Following Guilty Plea for Failing to File Adverse Event Reports United States v. Olympus Medical Systems Corp. International Mass-Mailers Enjoined from Further Participation in Fraudulent Solicitation SchemesUnited States v. Alexander Quaglia, et al. Basnight pleaded guilty in January to one count of conspiracy to commit odometer tamping and securities fraud. Case No. 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. 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. Victims of the scheme received telephone calls about substantial lottery prizes they supposedly had won. Sentencing for Geissler, Doyle, Patel, and S.K. 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. On May 4, 2017, the district court entered a consent decree of permanent injunction against Syfrett Feed Company, Inc.; the companys owner and president, Charles B. Syfrett I; the companys vice president, Melissa S. Montes De Oca; and its operations manager, Charles B. Syfrett II. For more information, see the Press Release dated May 1, 2020. Docket Number: 6:20-cv-140 (E.D. Defendants named in the USP Labs matter pleaded guilty in 2019 to felony charges in connection with a scheme to fraudulently sell workout supplements. The order further notes that the United States has produced evidence demonstrating that Defendant is involved in a predatory wire fraud scheme that victimizes consumers. After obtaining payment, company employees made little effort to obtain modifications. Quaglia and Fraser each were charged with several counts of mail fraud and conspiracy to commit mail fraud in connection with deceptive mass mailings that falsely promised large cash prizes in exchange for the payment of fees. SHARE. Victims were instructed to send small processing fees typically $20 or $25 to claim the prizes. Blue Bell agreed to plead guilty to two misdemeanor counts of distributing adulterated ice cream products and pay a criminal fine and forfeiture amount totaling $17.25 million. Press Release 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 letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. Blue Bell Creameries Pleads Guilty in Ice Cream Listeria Contamination Case, United States v. Blue Bell Creameries Fla.); 5:16-CV-0577 (M.D. The Courts order prohibits the defendants from continuing to manufacture or distribute their products unless and until they come into compliance with the law. In a complaint filed on March 14, the United States alleged that the Florida company sold sexual enhancement and weight loss products in violation of the Federal Food, Drug, and Cosmetic Act. Civil lawsuits typically involve a complaint that is filed by one person (the "plaintiff") against another party (the "defendant"), that they believe has injured them or caused property damage. Case No. On May 14, 2020, U.S. District Court Judge Ronald A. According to the complaint, victims who received these solicitations sent payments through the U.S. and international mail systems to defendants Trends Service in Kommunikatie, B.V. (Trends), and Kommunikatie Service Buitenland, B.V. (KSB), both owned and operated by defendant Erik Dekker. Sentencing hearings for all of the defendants will be held in Dallas before U.S. District Judge Sam A. Lindsay. The defendants included direct mailers who organized the scheme, mailing list managers, cagers who opened and processed victim returns, and payment processors. ), Docket Numbers: 2:16-CR-0124 (E.D. On February 27, 2017, Ronald D. Weir, Jr. pled guilty to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead in connection with an ongoing prosecution of individuals who sold QLasers. In pleading guilty, Weir admitted that he conspired with Robert Larry Lytle to sell the hand-held light-emitting devices to mostly elderly consumers as a purported treatment for more than 200 different diseases and disorders, including cancer, diabetes, and dementia. 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. According to the complaints, the CPSC collected dozens of samples of non-compliant toys and other childrens products from the defendants facilities and import shipments. In a complaint filed with the consent decree on May 4, the United States alleged that the defendants processed and packed fish and fishery products under chronic insanitary conditions, as demonstrated by the presence of the pathogenic bacteria L. mono in defendants Brooklyn facility and in their ready-to-eat products. The Court rescheduled all sentencing hearings in this matter to July and August 2020. According to the complaint, a 2017 investigation by FDA and the CDC determined Vulto Creamery cheese was the source of a multistate listeriosis outbreak that sickened at least eight people, two of whom died. Docket Number: 1:15-cr-20471 (S.D. Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. Docket Numbers: 1:14-cr-75 & 1:12-cr-489. Smith instructed customers to combine MMS with citric acid and ingest the resulting chlorine dioxide. Two additional defendants remain in Peru pending extradition. According to the complaint, Parrish failed to ensure the temperature of ready-to-eat caviar remained at a level low enough to control Clostridium botulinum growth and toxin formation, which can cause botulism. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Docket Number: 4:18-CV-0159 (E.D. The decision was the culmination of eight years of litigation and a five-week trial arising out of an investigation by the Federal Trade Commission into Dishs violations of the FTCs Telemarketing Sales Rule. District Court Enters Consent Decree Against Dietary Supplement ManufacturerUnited States v. Sunset Natural Products Inc., et al. On May 31, 2017, Rojen Burnett was sentenced to serve 12 months in prison and pay $399,363 in restitution for his role in a conspiracy to sell cars with rolled-back odometers. United States v. Philip Morris USA, Inc., et al. Calif.). Docket Number: 1:15-CR-0042 (D.D.C.). A federal civil case involves a legal dispute between two or more parties. Docket Number: 4:19-CV-3214 (S.D. In a criminal case, the Crown prosecutes an accused under a public-law statute such as the Criminal Code or the Controlled Drugs and Substances Act. Some victims lost thousands of dollars in the scheme. Docket Number: 8:20-cv-1794 (M.D. Court of Appeals Affirms Convictions and Sentences of Co-Conspirators in $60 Million Business Opportunity Scam United States v. Kaplan et al. The complaint alleged that defendants had a history of processing food products under insanitary conditions. Docket Number: 5:12-CR-0141 (N.D. Ga.). Docket Number: 2:17-CV-14038 (S.D. Because Acino has never submitted an application for FDA approval of the drugs, they have never been found to be safe and effective. Docket Number: 18-CR-10461 (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. Two Pakistani National Sentenced for Conspiring to Illegally Ship Pharmaceuticals into the United StatesUnited States v. Ul HaqPress ReleaseDocket Numbers: 1:12-MJ-00810 (D.D.C.). Court of Appeals Upholds Civil Penalty and Injunction Against Spectrum Brands for Failure to Report Defective Coffeemaker CarafeUnited States v. Spectrum Brands Press Release As alleged in the information, Meds IV compounded various drugs for human use, including an intravenous drug known as Total Parenteral Nutrition (TPN). Docket Number: 6:20-cv-140 (E.D. Share sensitive information only on official, secure websites. Cooperating Defendant Sentenced in Egg Contamination CaseUnited States v. Tony WasmundPress ReleaseDocket Number: 3:12-CR-3041 (N.D. Iowa). Docket Number: 2:18-CV-283 (D. Nev.). Docket Number: 2:19-cr-295 (D. Nev.). 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. 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. Contamination CaseUnited States v. Felecia Roxanne lindo 2:21-cv-00267 ( D. Utah ) the other callers told victims they... 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