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My Doctor Suggests is also subject to a civil consent order that requires the company to stop fraudulently labeling its products and to issue full refunds to affected consumers. 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. The civil action against the defendants, filed by the United States Attorneys Office for the Northern District of Texas and the Consumer Protection Branch, alleges that the defendants prescribed controlled substances in violation of the CSA. The callers claimed to be attorneys or government representatives and falsely told victims that they had failed to pay for or receive a delivery of products. 371, and criminal contempt in violation of 18 U.S.C. Some victims lost thousands of dollars in the scheme. 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. ThePDFdocument is five pages, so the charge is $0.50. Docket Numbers: 1:19-cr-87; 1:19-cr-88 (S.D. Press Release The Court also found no reversible error related to the district courts loss calculations at sentencing, and ruled against the defendants on various evidentiary claims and other arguments. Filing Electronically How to File a Case Chicago Dietary Supplement Companies Ordered to Comply with FDCA United States v. Global Marketing Enterprises, Inc., et al.Press Release ), Defendant Pleads Guilty in Vending Machine Business Opportunity Case. Fla.). Smith sold Miracle Mineral Supplement or MMS, which he touted as a cure for cancer, AIDS, malaria, hepatitis, lyme disease, asthma, the common cold, and various other diseases. The complaint alleged that the companys fish products were manufactured under conditions that were inadequate to ensure their safety. Docket Number: 1:19-CV-02184 (D.D.C.). Enforcement Action Filed Against New York Company to Prevent Distribution of Adulterated Seafood ProductsUnited States v. Foo Yuan Food Products, Inc., et al.Press Release Two co-conspirators previously were sentenced in connection with this matter. On March 27, 2015, a federal district court entered a consent decree of permanent injunction against L.A. Star Seafood Company, Inc. of Los Angeles, and its corporate officers Sima Goldring and Sam Goldring to prevent the distribution of adulterated seafood products. In addition to manufacturing and distributing products under the name Henh Wong Fresh Produce, the firm also manufactures and distributes products as Henh Wong Fresh Product and Henh Wong Tofu. The Court previously enforced an identical waiver in dismissing the appeal of one of Lytles co-defendants. 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. In a prior inspection in December 2011, FDA also found Listeria monocytogenes (L. mono) in the production facilitys environment and on a fish-skinning machine. 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. New Jersey Man Pleads Guilty to Large-Scale International Mass-Mailing Fraud SchemeUnited States v. Ryan Young Docket Number: 2:19-cr-295 (D. Nev.). The defendants portrayed the companies as law firms and attorney-based companies that would negotiate favorable credit card settlements on behalf of consumers. The Court also imposed strong injunctive relief against Dish to prevent future violations. United States v. Palacio, Case No. Defendant Sentenced in Identity Theft Scheme that Targeted Thousands of U.S. Servicemembers and Veterans United States v. Boling et al. ), Docket Number: 3:12-CR-922 (D.P.R. In pleading guilty, Long admitted that he used personal and financial information of more than 375,000 victims to steal millions of dollars from checking accounts. U.S. District Court Judge Robert Pitman has scheduled the sentencing hearing for Blue Bell Creameries for September 17, 2020. See February 17, 2017 update on Felecia Lindo. The former president says the claim is a lie. Docket No. Va.). Initial Stages of Federal Litigation: Overview - Gibson Dunn On October 30, 2020, Lisett Raventos of Miami, Florida, pleaded guilty to one count of conspiracy to commit wire fraud in connection with an alleged clinical trial fraud scheme at a Miami clinical research company, Unlimited Medical Research. Civil means a legal dispute where court action is being requested to resolve a legal matter involving 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 Dietary Supplement Manufacturer Enjoined from Distributing Adulterated, Misbranded Products Marketed as DrugsUnited States v. EonNutra LLC et al.Press Release According to an indictment returned in October 2017, Zhang and two co-defendants agreed with a confidential government informant to either mislabel synthetic stimulants such as 1,4-DMAA or otherwise help to hide the true nature of a proposed dietary supplement from retailers. In 2013, Long began to simply charge the bank accounts of consumers whose personal and financial information he had acquired during his time as a payment processor, as well as others whose information he purchased in the form of lead lists. The Public Access to Court Electronic Records (PACER) service provides electronic public access to federal court records. According to the complaints, both sets of defendants manufacture their products without FDA approval and without proof of safety and efficacy. WebThis civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a On August 22, 2018, civil enforcement actions under the Controlled Substances Act were unsealed against two physicians alleging the illegal distribution and dispensing of opioids and other controlled substances. Civil Litigation Carrolls civil lawsuit was the first of Trumps current legal troubles to make it to trial, with opening arguments Tuesday. CIVIL CASE All three defendants previously pled guilty to charges of conspiracy to smuggle imitation, unapproved, and misbranded prescription drugs from China. In a civil case, the plaintiff claims that the defendant or defendants failed to Docket Number: 4:20-cv-46 (W.D. Three of Palacios co-conspirators already have pleaded guilty and been sentenced, including clinical investigator Dr. Yvelice Villaman Bencosme, who was sentenced to 63 months imprisonment, Lisett Raventos, a study coordinator and co-owner of Unlimited Medical Research, who was sentenced to 30 months imprisonment, and Maytee Lledo, a former employee of Dr. Bencosmes, who was sentenced to 14 months imprisonment. 1345 against six individuals and fourteen corporate entities alleged to have operated a mass-mailing scheme based in Las Vegas, Nevada. Despite the fact that the company had told the FDA that the Stratus was intended to maintain an opening to a patients sinus, Facteau and Fabian launched the product intending it to be used as a steroid delivery device. The defendants made misrepresentations about profits, operating their own vending routes, locations, and ongoing customer support to induce the victims to buy what was advertised as a complete business package, but turned out to be essentially worthless. The complaint, filed with the consent decree on Dec. 18, 2017, alleged that until 2012, Dr. Reddys distributed oral prescription drugs in blister packaging that it failed to test for child resistance under the Poison Prevention Packaging Act. 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. 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. At the time of their sentencings, both defendants had been incarcerated for approximately 4 years, including time spent in an English jail. Defendants named in the USP Labs matter pleaded guilty in 2019 to felony charges in connection with a scheme to fraudulently sell workout supplements. Docket Number: 1:16-CV-2770 (E.D.N.Y.). In pleading guilty last year, Becker admitted that, from approximately January 2016 to March 2019, he unlawfully distributed Selective Androgen Receptor Modulators (SARMs) and other substances that the FDA has not approved, including ostarine and ligandrol, as part of purported dietary supplements. 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. 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. In all, 22 individuals were convicted of fraud in connection with Vendstar. Md.). The order also will apply to any social media campaigns by the companies to promote cigarettes. Depending on format, billable pages are calculated in two different ways. Civil Division | Current and Recent Cases - United States These infections can cause serious medical complications, including death, because S. marcescens is resistant to many antibiotics. Docket Number:1:18-CV-1102 (E.D.N.Y.). Court: Third Circuit New Jersey US District Court for the District of New Jersey. On August 9, Bryan DAntonio pled guilty to conspiracy to commit mail and wire fraud for his role as owner and operator of Rodis Law Group and Americas Law Group, bogus law firms that purported to offer struggling homeowners assistance obtaining loan modifications. On Feb. 20, 2018, the district court issued a temporary restraining order pursuant to 18 U.S.C. The defendants were executives of Acclarent, a start-up company that was acquired by Johnson & Johnson in 2010. 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. Miss.). Enter case number 01-10054 and select Docket Report. On February 12, 2020, Angel Armando Adrianzen pleaded guilty to two counts of possession of child pornography. 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. On May 25, 2018, the district court entered a consent decree of permanent injunction against Michel G. Blanchet, permanently enjoining the defendant from preparing, processing, and distributing fish or fishery products that are adulterated under the Food, Drug, and Cosmetic Act. 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. According to the complaint, FDA inspections revealed Listeria monogytogenes (L. mono) contamination at the facility. WebFind a local Civil Litigation attorney in your state. 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. NEW YORK (AP) A nearly 30-year-old rape claim against Donald Trump went to trial Tuesday as jurors in the federal civil case heard a former advice columnists allegation of being attacked in a luxury department store dressing room. 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. The complaint seeks civil penalties as well as a preliminary and permanent injunctive relief against the defendants. Harkonen argued that his conviction should be overturned because his trial team failed to call any expert witnesses for the defense. U.S. Department of Justice 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. All of the defendants played roles in developing, manufacturing, or marketing the popular USP Labs supplements known as Jack3d and OxyElite Pro. The Summons and Complaint in this matter may be found at this, Peruvian Call Center Operator Pleads Guilty to Fraud and Attempted Extortion in Telemarketing Scam, United States v. Francesco GuerraPress release Many victims received nothing; others received only a cheap piece of jewelry or a report listing unrelated sweepstakes. 28 U.S. Code 1391 - Venue generally | U.S. Code | US Law | LII 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: 18-CR-260, 18-CR-261, 18-CR-578 (E.D.N.Y.). Blue Bells former president, Paul Kruse, was previously charged on May 1, 2020, in connection with his role in covering up from customers what the company knew about the contaminated ice cream. You should complete each of these documents before you arrive at the Clerk's Office. Basnight fraudulently obtained new title documents reflecting the false mileages and resold the vehicles at inflated prices. Alabama The defendants had an extensive history of operating their food manufacturing facility under insanitary conditions, failing to follow current good manufacturing practice requirements and misbranding their food products. Second Circuit Affirms Conviction and Sentence of Business Opportunity FraudsterUnited States v. Edward Morris "Ned" Weaver (Vendstar) Press Release It depends entirely on the nature of the A third individual, Clifford Woods, pled guilty on May 9, 2016, in the U.S. District Court for the Central District of California to a misdemeanor FDCA violation for distribution of unapproved new drugs that he marketed and sold as treatments for cancer and other diseases. 4:21-cv-00437-RLW (E.D. It also reserved for the jury the questions of how many TSR violations the defendants committed, whether they committed the violations with the requisite knowledge to support a civil penalty award, and whether individual defendant Forrest Baker had authority to control the three corporate defendants or participated in their practices. These lots of drugs were not distributed into interstate commerce. Xu was arrested at a Las Vegas dietary supplement trade show in September; two other defendants previously pleaded guilty in a related case. Cir. Despite the FDAs limited approval of Onyx, from 2005 to 2009, ev3 sales representatives encouraged surgeons to use Onyx in large quantities for unproven and potentially dangerous surgical uses outside the brain. 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. On November 10, 2016, Kevin M. Marks pled guilty to conspiracy to commit wire fraud for fraudulently selling business opportunities. On November 3, 2016, the CEO and a senior manager of a Long Island, New York, company that fraudulently sold vending machine business opportunities were sentenced to prison. On March 27, 2023, the United States filed a Statement of Interest in Lost Lake Holdings, LLC v. Town of Forestburgh (S.D.N.Y. Raventos was charged in September along with three other individuals. Executives of Canadian Payment Processor Charged with Fraud and Money LaunderingUnited States v. Day, Press Release The charges in the indictment stem from Indivior's marketing of Suboxone, an opioid drug used in the treatment of addiction. The conduct occurred prior to Biocompatibles acquisition in 2011 by BTG. As part of a guilty plea, Hermoza admitted that he and other callers he supervised falsely told victims that they were attorneys or government representatives. lawsuit (respectively). 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. Docket Number: 0:18-CV-0532 (D. Minn.). They were told to pay thousands of dollars to Smith and others in order to collect their winnings. The court denied Arbors motion, holding that it could not conclude that Arbor would most likely prevail in the litigation and expressing skepticism regarding Arbors claim of irreparable harm. 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. 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.). 1345), was filed against a John Doe defendant standing in for the operator of the website, whose true identity remains unknown. 1349, and with making a false statement to a regulatory investigator with the Food & Drug Administration, in violation of 18 U.S.C. On December 13, ConAgra Grocery Products LLC, a subsidiary of ConAgra Foods, pleaded guilty to a misdemeanor Food, Drug, and Cosmetic Act charge in connection with a 2006-2007 nationwide salmonellosis outbreak. );1:14-CR-10 (S.D. The court previously entered a temporary restraining order against the defendants on May 8, 2019. On February 19, 2016, Joseph Dallal was sentenced to serve 33 months in prison in connection with two separate prescription drug diversion schemes. The government alleged in a February complaint that Navigator Marketing Ltd., a Canadian company, and Rockport Promotional Marketing, LLC, a Delaware registered corporation, and the corporations principals, Alexander Quaglia, Rychard McKeown, and Brent Nishiguchi, all of British Columbia, Canada, operated an international fraud scheme that mailed solicitations informing recipients that they would receive large sums of money after payment of a small fee. 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). Ltd., an India-based company. 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. Docket Number: 4:18-CV-0159 (E.D. The charge is $0.20. 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. ), Docket Numbers: 2:16-CR-0124 (E.D. On July 27, 2020, the Department filed a civil complaint against MyLife.com and its founder Jeffrey Tinsley seeking injunctive relief, redress, and civil penalties under the FTC Act, the Telemarketing Sales Rule, the Restore Online Shoppers Confidence Act, and the Fair Credit Reporting Act for unfair and deceptive conduct in selling online subscriptions to purported consumer background reports and for selling background reports without complying with the legal requirements for doing so. The CDC did not identify any deaths related to the outbreak. Trial is set to begin in Abingdon, Virginia on May 11, 2020. The former Elle magazine advice columnist alleges that Trump raped her in a Two additional defendants remain in Peru pending extradition. This rule provides that the first step in an action is the filing of the complaint. The cases were consolidated for plea and sentencing in Puerto Rico. Working with her co-conspirator in Jamaica, Palmer recruited a friend in Maryland to receive $7,500 of the victims money. 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. Long was charged with multiple counts of wire fraud, aggravated identity theft, and money laundering for a scheme that victimized hundreds of thousands of account holders throughout the United States. Docket Number: 2:11-CV-0419 (D. Utah). Four Defendants Charged in Indictment Unsealed in Clinical Trial Fraud Case. Sentencing for USP Labs and SK Labs is set for July 14, 2020. Blue Bell pleaded guilty to two misdemeanor counts of distributing adulterated ice cream products and has agreed to pay a criminal fine and forfeiture amount totaling $17.25 million according to the terms of a plea agreement. Weir admitted that claims the device could safely and effectively treat virtually any disease were false and intended to mislead consumers. Docket Number: 0:17-CV-21659 (S.D. Docket Number: 1:17-CR-0109-MOC-DLH (W.D. Canadian Men Charged in Alleged Mass-Mailing Elder Fraud Schemes United States v. Quaglia et al. In pleading guilty, Lledo admitted that while working for a clinical trial company in Miami called Unlimited Medical Research, she helped to fabricate data for a clinical trial designed to test the efficacy of two asthma treatments in a pediatric population by falsely representing that subjects were participating in the trial when, in fact, they were not participating or taking the study medication as required. On December 5, 2019, Trorice Crawford of San Diego pleaded guilty to one count of conspiracy to commit money laundering in connection with an identity theft scheme that allegedly targeted servicemembers and veterans. A Guide to Civil Lawsuits in the United States District Court for The company voluntarily terminated production at the plant on Feb. 14, 2007, and recalled all peanut butter manufactured there since January 2004. Some of the companies products were previously seized in April 2015 by the United States as unapproved and misbranded drugs. Sentencing will be held in U.S. District Court in Austin, Texas. Docket Number: 2:14-CV-14450 (E.D. The Court sentenced Roos to pay a fine of $100,000. The defendant also was ordered to make restitution payments to victims. The entry of the permanent injunction resolves the litigation. The defendants agreed to be bound by a consent decree of permanent injunction filed with a complaint in November 2019. In pleading guilty, Wall admitted that beginning in 2007, he managed a call center in Manila associated with RX Limiteds online pharmaceutical sales websites. According to the complaint, FDA inspections documented significant deficiencies relating to cleanliness and hygienic practices to protect against food contamination, causing the defendants products to be adulterated under the law. Defendants products, which included 4NOx2, HGH Night Time, rHGH Drops Black Label, Primal Rage Levo 5 GH Mass and Deer Antler Velvet Extract, were not approved by the FDA. Carroll says a chance White entered a temporary restraining order against an Oklahoma company that touted an unapproved colloidal silver product as a COVID-19 treatment. Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. Civil Penalty and Permanent Injunction Entered Against Dr. Reddys Laboratories, Inc. Related to Child-Resistant Drug PackagingUnited States v. Dr. Reddys Laboratories, Inc.Press ReleaseDocket Number: 3:17-CV-13219 (D.N.J.). In addition, S.K. According to the complaint, the defendants all played roles in the schemes, which involved solicitations claiming victims had won large cash prizes. Fla.). MediNatura v. FDA, On July 17, 2018, Gao Mei Fang (aka Amy Gao), a Chinese citizen, was sentenced to 12 months and a day of imprisonment on mail fraud and smuggling charges in connection with a scheme to sell mislabeled dietary supplements containing hidden synthetic stimulants. The United States complaint, filed in September 2016, alleges that the defendants ran an international mail fraud scheme that sent millions of multi-piece solicitations to potential victims throughout the United States that professed to come from financial entities, scholars, and world-renowned psychics.
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