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.). In total, 15 defendants named in a November 2018 complaint now have been permanently enjoined from engaging in fraudulent mailings. Two additional defendants remain in Peru pending extradition. The second complaint names California Stem Cell Treatment Center, Inc., of Rancho Mirage and Beverly Hills, California, Cell Surgical Network Corporation, and company owners Elliot Lander, M.D. On January 8, 2021, Dr. Yvelice Villaman Bencosme pleaded guilty to conspiracy to commit wire fraud in connection with an alleged clinical trial fraud scheme at a Miami clinical research company, Unlimited Medical Research. 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. 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. However, B. Braun resumed buying syringes from AM2PAT without going to the new facility, and despite receiving new information showing that AM2PAT moved manufacturing equipment into its new facility without validating that the equipment worked as expected. The terms of the permanent injunction and appropriate civil penalty amount will be decided by the court. View more updates. Fla). 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 Gao was the supply chain manager for a Chinese firm that sold raw ingredients for use in dietary supplements. For example, lawsuits involving breach of contract, probate, divorce, negligence, and copyright violations are just a few of the many hundreds of varieties of civil . A judge hearing a Civil case. In reality, these companies were telemarketing operations that did very little to help homeowners after they paid upfront fees ranging from $3,500 to $5,500. Court Enters Permanent Injunction and Civil Penalty Against Utah Telemarketers United States v. Feature Films for Families, Inc., et al.Press Release The complaint alleged that the defendants failed to adequately investigate or take sufficient corrective action to correct the insanitary conditions. Docket Number: 2:17-CV-072773 (C.D. 5:21-cr-00156 (W.D. The defendants agreed to settle the litigation, which was commenced with the filing of a complaint on December 7, 2015, and be bound by a consent decree of permanent injunction that prohibits them from violating the FDCA. On January 15, 2020, Johnny Hidalgo and Rodolfo Hermoza pleaded guilty to conspiring to commit mail fraud and wire fraud in connection with an extortion scheme involving call centers in Peru. Robinson and his co-conspirators then acquired Virginia motor vehicle titles with false, low-mileage odometer readings, which were used to sell the vehicles to unsuspecting purchasers. In its motion to dismiss, Indivior asserted that prosecutors engaged in misconduct before the grand jury related to a reference in the indictment to a doctor who had been charged with healthcare fraud unrelated to Suboxone. In its first court action to combat fraud related to the coronavirus pandemic, the Department obtained a temporary restraining order on March 22, 2020, to block a website purporting to offer to the public World Health Organization COVID-19 vaccine kits. Fla.). The complaint further alleged that the defendants have grossed at least $10 million over the course of the scheme. Docket Number: 5:18-CR-20751 (E.D. Docket No. Consent Decree Entered Against California Dietary Supplement CompanyUnited States v. Scilabs Nutraceuticals, Inc. and Paul P. EdalatPress ReleaseDocket Number: 8:14-CV-1759 (C. D. Docket Number: 2:20-cr-00196 (D. Nev.). The charge against Gore carries a statutory maximum penalty of 5 years in prison. 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. The company voluntarily terminated production at the plant on Feb. 14, 2007, and recalled all peanut butter manufactured there since January 2004. Apex shipped prescription drugs, including addictive pain medications such as Fioricet, Soma, and Tramadol, to customers from across the United States who submitted orders and filled out online medical questionnaires. 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. Docket Number: 0:17-CV-21659 (S.D. Rulings in a common law system rely heavily on prior decisions made in similar cases. 1349, and with making a false statement to a regulatory investigator with the Food & Drug Administration, in violation of 18 U.S.C. Individuals, organizations, and businesses involved in lawsuits fall under civil law cases. Along with pleading guilty, the company agreed to pay a criminal fine of $30 million and forfeit an additional $20 million. Sixteen other defendants pled guilty. According to the charging document, the amino acid was prepared by Meds IV outside a laminar airflow workbench and was kept unrefrigerated, in a room that was not sterile, in a large pot sitting on the floor, sometimes overnight, before it was sterilized and used. 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. In a complaint filed on September 20, the United States alleged that Parrish violated the Food, Drug, and Cosmetic Act by causing ready-to-eat caviar to become adulterated by being prepared, packed, or held under insanitary conditions. Shaw pleaded guilty on March 22 to one count of mail fraud in connection with his role in the scheme. 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. 8:21-cv-00188(M.D. Sentencing for USP Labs and SK Labs is set for July 14, 2020. According to the complaint, FDAs analysis of environmental samples collected during two 2016 inspections revealed the presence of L. mono contamination in multiple locations throughout the facility. Court Enters Permanent Injunction Against New York Creamery Linked to Deadly Listeria OutbreakUnited States v. Vulto Creamery et al.Press Release Harkonen was convicted of wire fraud in 2009 for distributing a fraudulent press release designed to boost sales of his companys main drug. Based on the evidence presented, the court found probable cause to conclude that the defendants engaged in a widespread pattern of telecommunications fraud, intended to deprive call recipients in the Eastern District of New York and elsewhere of money and property. Among other provisions, the injunction bars defendants from carrying any VoIP calls destined for phones in the United States and from providing any U.S. telephone numbers (often used as call-back numbers in the fraudulent robocalling schemes) to any individuals or entities during the pendency of the litigation. Savarese admitted he performed at least 200 of the rollbacks for Baine. 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. On June 1, 2020, U.S. District Judge David Counts issued a temporary restraining order under the anti-fraud injunction statute (18 U.S.C. 136 No. Allen's co-conspirator falsely informed the victim by phone that the victim had won money in a lottery, and instructed the victim to make payments to various people in order to collect the purported lottery winnings. (respectively). Cal.). Parties: Toyota Auto Mart Kenya Limited v Kenyariri. In pleading guilty, Akinyoyenu admitted that he paid a doctor to review thousands of prescription drug orders for a small fee per order. where three individual plaintiffs sue one defendant, or one plaintiff sues two separate defendants), attorneys representing each party may give their own distinct opening arguments. Montana Man Pleads Guilty for Designing Fraudulent Solicitations as Part of Large-Scale International Mass-Mailing Fraud Scheme United States v. Thomas Ressler On May 20, 2015, the United States filed a criminal Information against ConAgra Grocery Products LLC, a subsidiary of ConAgra Foods Inc., alleging that the company introduced peanut butter contaminated with salmonella into interstate commerce in 2006. 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. The five consolidated . Dallal procured the drugs from multiple illegal and unlicensed sources and sold them to co-conspirators without the required pedigree document stating where Dallal had purchased the drugs. Docket Number: 2:18-CV-283 (D. Nev.). District Court Permanently Enjoins 15 Individuals and Companies in Elder Fraud Mail Scheme Docket Number: 15-14400 (11th Cir.). The remainder will be distributed among the settlement member states in alignment with terms of the agreement. 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. MediNatura v. FDA, 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. 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. Roos has not reopened. As alleged in the information, Meds IV compounded various drugs for human use, including an intravenous drug known as Total Parenteral Nutrition (TPN). Press ReleasePress Release Sales representatives with the knowledge and encouragement of Vendstars CEO and other managers misrepresented the businesses likely profits, how its past customers were doing, the availability of high-profit locations, and the services that locating companies would provide. Pa.). In June 2018, Canadian citizens Maria Thanos and Philip Lett pleaded guilty in the Eastern District of New York to charges of conspiracy to commit mail fraud for their roles in the operation of the same psychic mail fraud scheme. California Hand Sanitizer Distributor Ordered to Stop Marketing Unapproved New Drugs, United States v. Innovative Biodefense, et al.Press Release Laboratories pleaded guilty on February 25 to introduction of misbranded food into interstate commerce, and USPlabs pleaded guilty to conspiracy to introduce misbranded food into interstate commerce on March 5. Tex.). Ramirez (2021)? Americans with Disabilities Act, Criminal Law Related Civil Cases, Habeas Corpus/Prisoner. On Jan. 30, 2018, Aegerion Pharmaceuticals Inc. (Aegerion) pleaded guilty to violating the Food, Drug, and Cosmetic Act (FDCA) relating to its distribution of a prescription drug, Juxtapid, and was sentenced to three years of probation, to include the establishment of a $7.2 million restitution fund. Sentencing before U.S. District Judge Beth Bloom is set for March 19, 2021, in Miami. The Fourth Circuit recently held that it did, joining two other appellate courts and worsening an existent circuit split. A preliminary injunction hearing is scheduled for December 3, 2018. The Second Circuit rejected that argument, holding that [f]raudsters may not escape criminal liability for lies told to induce gullible victims to make worthless investments by inducing them to sign a contract containing disclaimers of reliance.. Many homeowners lost their homes to foreclosure after hiring the firms. Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Felecia Roxanne Lindo Lindo was also ordered to pay $292,900 in restitution. Docket Number: 8:18-CV-996 (C.D. Long pleaded guilty in November 2019 to one count of wire fraud and one count of aggravated identity theft. Docket Number: 2:16-cr-71 (D. Nev.). A. The complaint further alleged that two FDA inspections revealed poor sanitation practices, including failures to sanitize hands, utensils, and food surfaces; insect residue throughout the building; and a pet dog in the facility. Two Mississippi Men Sentenced in Odometer Fraud SchemeUnited States v. Baine; United States v. Savarese, Press Release 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). Fla.). Biocompatibles was sentenced to pay an $8.75 million criminal fine and a criminal forfeiture of $2.25 million. 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. 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 Sentencing for Geissler, Doyle, Patel, and S.K. Legal Forms & Services. During a bench trial conducted last summer, the government presented evidence that each of the defendants had failed to comply with current good manufacturing practices, failed to keep records necessary to evaluate food safety, and processed fish in a way that could lead to Listeria monocytogenes contamination, all in violation of the federal Food, Drug, and Cosmetic Act (FDCA). Docket Numbers: 1:19-cr-87; 1:19-cr-88 (S.D. Charges Unsealed Against Three Individuals Alleged to Have Operated Massive Mail Fraud Scheme United States v. Thanos, United States v. Lett, United States v. Runner Witness Testimony and Cross-Examination Docket Number: 1:18-CV-22016 (S.D. The defendants portrayed the companies as law firms and attorney-based companies that would negotiate favorable credit card settlements on behalf of consumers. In the course of authorizing drug orders for RX Limited, the defendant had no face-to-face contact with customers, performed no mental or physical examinations, did not take patient histories or perform any diagnostic or laboratory testing, did not check the accuracy of the information customers provided, and did not monitor, or provide any means to monitor, medication response. Fla.) and 5:18-CV-01005 (C.D. Fla.). The Statement of Facts addresses Moodys representations to investors and the public generally about: (1) its objectivity and independence; (2) its management of conflicts of interest; (3) its compliance with its own stated RMBS and CDO rating methodologies and standards; and (4) the analytic integrity of certain rating methodologies. Armistead received $7,500 in cash from a victim in Maryland and deposited most of that money into accounts of a co-coconspirator. 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 addition, Valdes and Font were charged with money laundering, and Valdes was charged with making a false statement to FDA investigators during a regulatory inspection. The defendants, Guy Lyman of New Orleans, Louisiana, and James Hill of Ocala, Florida, each sold products that they marketed as treatments for herpes. On February 19, 2016, Joseph Dallal was sentenced to serve 33 months in prison in connection with two separate prescription drug diversion schemes. In pleading guilty, Turner admitted that to obtain prescription drugs at discounted prices, she agreed that the pharmacies she operated would not sell the drugs wholesale and would use the drugs only for the pharmacies own use, such as filling prescriptions. Fla.);2:16-CR-0191 (C.D. 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. Baxter Healthcare Corporation Agrees to Pay More Than $18 Million for Failing to Follow Good Manufacturing PracticesUnited States v. Baxter Healthcare Corporation Press ReleaseDocket Number: 1:17-CV-0015 (W.D.N.C.). Rosanne Day, Robert Paul Davis, Genevieve Renee Frappier, and Miles Kelly each were charged in the District of Nevada with one count of conspiracy to commit mail and wire fraud, one count of conspiracy to commit money laundering, and multiple counts of mail fraud and wire fraud. Following a hearing, the court entered an order allowing the government to seek liquidated damages for further violations and imposing other restrictions aimed at curtailing Kimuras participation in the schemes. Ltd., Dharti Desai and Mehul Desai. Raventos was charged in September along with three other individuals. The Standard of Proof Required There is also a disparity in the standard of proof for a suspect to be charged with a civil lawsuit vs. a criminal lawsuit. 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. Defendant Pleads Guilty in Alleged $174 Million Health Care Fraud Scheme. The court found that each of the defendants had violated the FDCA in the past, and that the court had scant assurance that defendants would comply with food safety laws going forward. In a complaint filed in March 2019, the government alleged that the defendant uses telemarketers who, posing as computer technicians, contact unsuspecting consumers and falsely inform them that their computers have serious problems; the telemarketers then falsely tell consumers that the problems are resolved and then demand payment on one or more occasions for purported technical-support services. The Court rescheduled all sentencing hearings in this matter to July and August 2020. For more information, see the press release dated July 24. On November 12, 2019, a grand jury charged six Las Vegas-area residents in connection with a fraudulent mass-mailing scheme that allegedly tricked hundreds of thousands of consumers into paying more than $10 million in fees for purported cash prizes. Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. Onochie Aghaegbuna; United States v. Jonathan WallDocket Number: 0:13-CR-273 (D. Minn.). The conduct occurred prior to Biocompatibles acquisition in 2011 by BTG. On September 22, 2020, the court sentenced Dallas-based USPLabs to two years of probation and $4.7 million in criminal forfeiture for its role in fraudulently marketing a popular dietary supplement allegedly linked to liver damage. In particular, the court found that because hydroxychloroquine remains an FDA-approved and commercially available drug, physicians are free to prescribe it, and any objections by state medical boards to the use of hydroxychloroquine to treat COVID-19 are not traceable to FDA or HHS. Violations included having mold covering the ceiling of the walk-in cooler and moving racks of buns from the floor to food production surfaces without sanitizing them. There are seven common types of civil cases, personal injury tort claims, contract disputes, equitable claims, class action suits, divorce and family law disputes, property disputes, and complaints against the city. 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. Martin Valdes, Fidalgis Font, Julio Lopez, and Duniel Tejedawith engaging in a scheme to fabricate clinical trial data for profit while working at Tellus Clinical Research, a Miami medical clinic. Docket Number: 2:16-CV-1643 (C.D. On December 14, 2015, the district court entered a Consent Decree of Permanent Injunction against Bethel Nutritional Consulting and its owners. On March 24, 2020, U.S. District Judge Robert N. Scola sentenced Rodolfo Hermoza to serve 88 months imprisonment in connection with his supervision of call centers in Peru that threatened American consumers into paying fraudulent settlements for nonexistent debts. Docket Number: 1:17-CV-0236 (S.D. The Summons and Complaint in this matter may be found at this LINK. A civil court is a court of law that handles various types of civil cases. The defendants admitted that the scheme resulted in consumer losses of more than $550,000. 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. A civil lawsuit is a legal process by which a person or entity can hold another person or entity liable for some wrong, injury, or damage. District Court Enters Preliminary Injunctions Against Texas Doctors Who Prescribed Opioids With No Legitimate Medical PurposeUnited States v. Cesar B. Pena Rodriguez, M.D., and Leovares A. Mendez, M.D. FKOL also agreed to implement a compliance and ethics program designed to prevent, detect, and correct violations of U.S. law relating to FKOLs manufacture of cancer drugs intended for terminally ill patients. On June 6, 2018, the United States filed a civil action seeking to enjoin Innovative BioDefense, Inc., of Lake Forest, California and its CEO, Colette Cozean, from distributing Zylast antiseptic hand sanitizer products that are unapproved new drugs under the Federal Food, Drug, and Cosmetic Act. According to the complaint, when prospective customers failed a credit check, Vivints sales representatives used the identities and credit reports of other, unknowing consumers to complete the sale on multiple occasions over several years. The injunction requires the defendants to hire a sanitation expert, develop a written pathogen control and monitoring program, and retain a qualified independent laboratory to gather and analyze environmental samples from Serra Cheeses facility. Tex.). In a complaint filed March 19, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act by manufacturing and distributing ready-to-eat cheeses contaminated with listeria. Courts may keep official records about cases in paper or electronic format. As part of his plea agreement, Romeo admitted the fraud loss caused by the scheme was between $7 million and $20 million. Jeffrey Lyn Savarese II, 36, was sentenced to 15 months incarceration and ordered to pay $320,000 in restitution. Bencosme is the second defendant to plead guilty in connection with this scheme. According to the indictment, PacNet served as the middleman between banks and the fraudulent mailers aggregating the checks, cash, and credit card payments collected by its clients, depositing the payments into PacNet-controlled bank accounts, and then distributing the funds as directed by the clients. The complaint alleges that consumers pay for items supposedly sold through the websites but never receive those purchases. Following controversy regarding the safety of DMAA, the defendants reformulated their products to contain a different substance called aegeline. The defendants manufacture and distribute several varieties of Italian cheeses such as ricotta, provolone, mozzarella, and primo sale. On August 31, 2020, four individuals were charged in connection with a clinical trial fraud scheme in which the conspirators, working through a company called Unlimited Medical Research, allegedly falsified and fabricated the participation of subjects in a pediatric drug study. Fla.). The defendants manufacture a variety of dietary supplements available on their website and in stores, primarily marketed to Chinese-speaking communities. 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. Civil law covers conflicts between two parties including individuals and businesses. 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