The permanent injunction entered by the court prohibits the defendants from selling any products until they hire experts to bring their labeling, recordkeeping, and other practices into compliance with federal law. On June 24, 2019, Michael Carey Eubank pleaded guilty in the Eastern District of Virginia to one count of conspiracy to commit odometer tampering. WebHome For Litigants Civil Case Flowchart Hover your cursor over the rectangles on the flowchart to learn more about the steps involved in a civil case. Defendants Foreign Properties Sold for $1,665,000 To Obtain Restitution for Fraud VictimsUnited States v. Shevin Goodman On September 3, 2020, U.S. District Judge Robert N. Scola sentenced Johnny Hidalgo to 100 months imprisonment and three years of supervised release for his supervision of the Everglades Peruvian call center to carry out a fraud and extortion scheme against American consumers. Yabe pled guilty to one misdemeanor violation of the Federal Food, Drug, and Cosmetic Act. On June 29, Ronald Rodis pled guilty to conspiracy to commit mail and wire fraud for his role in Rodis Law Group, a bogus law firm that purported to offer struggling homeowners assistance obtaining loan modifications. (A) Without a Court Order. Blue Bell Creameries Agrees to Plead Guilty and Pay $19.35 Million for Ice Cream Listeria Contamination; Former Company President Charged, United States v. Blue Bell Creameries; United States v. KrusePress release In this appeal, he argued that the sentence was substantively unreasonable given, among other things, his age and health, and his non-citizenship concerns. Cal. In pleading guilty, Lledo admitted that while working for a particular clinical trial site 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. The fine, the largest ever in a food safety case, is part of a deferred prosecution agreement that will allow Chipotle to avoid conviction if it complies with an improved food safety program. According to the indictment, the defendants mailings led victims, many of whom were elderly and vulnerable, to believe that they could claim large cash prizes in exchange for fees. As part of the consent decree, the defendants represented that they no longer engage in sterile compounding. The complaint alleges that the defendants are in violation of current good manufacturing practice and quality-system requirements, and are marketing medical devices without either clearance or approval. 1345 against six individuals and fourteen corporate entities alleged to have operated a mass-mailing scheme based in Las Vegas, Nevada. The Dutch authorities also took control of the Dutch postal boxes used by the defendants to receive victim funds. 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. Pedersens former company, My Doctor Suggests LLC, agreed plead guilty to a one-count misdemeanor criminal information charging distribution of misbranded drugs in violation of the Federal Food, Drug, and Cosmetic Act. DAntonios two co-defendants, Ronald Rodis and Charles Wayne Farris, previously pled guilty. In pleading guilty, Shaw admitted that from September 2013 through August 2015, he participated in a scheme to defraud victims throughout the United States. On June 26, 2017, Barry Cadden, the owner and head pharmacist of New England Compounding Center (NECC), was sentenced to nine years (108 months) of imprisonment, three years of supervised release, and forfeiture and restitution in amounts to be determined later. ), Defendant Pleads Guilty in Vending Machine Business Opportunity Case. 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. View Complaint. and United States v. Michael P. Tricaso, D.O.Press Release In dismissing his appeal, the Court enforced a broad appellate waiver contained in Lytles plea agreement, which permitted an appeal based only on lack of jurisdiction or an upward departure or variance in sentencing. A nearly 30-year-old rape claim against Donald Trump has gone to trial. United States v. Omar Cuzcano Marroquin, et al., Case No. United States v. Castro et al. In the settlement negotiated by the FTC, Vivint agreed to pay $15 million in civil penalties and $5 million in equitable relief, and to comply with injunctive relief requiring significant affirmative measures to ensure future compliance with the FCRA and to prevent recurrence of its past unlawful conduct. Twenty other individuals also have been convicted in connection with Vendstar, many of whom are awaiting sentencing. According to the information, Dr. Bencosme served as the principal investigator for a clinical trial conducted at Unlimited Medical Research intended to investigate the safety and efficacy of an experimental asthma medication in children between the ages of four and eleven. Docket Number: 2:17-CV-0852 (D. Utah). Bethel sold a wide variety of dietary supplements. 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. On November 7, 2016, Pennsylvania-based medical device manufacturer Biocompatibles, Inc., a subsidiary of BTG plc, pled guilty to a misdemeanor charge of introducing a misbranded medical device into interstate commerce, in violation of the Food, Drug and Cosmetic Act. Victims were told they had won cars, boats, or other prizes they could claim by purchasing hundreds of dollars worth of vitamins. These lots of drugs were not distributed into interstate commerce. The defendants agreed to be bound by a consent decree of permanent injunction filed with the complaint. The scheme was disrupted before the elderly individual could be further victimized by the conspiracy. Cal.). 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 Former Virginia Physician Sentenced for Role in Internet Pharmacy Operation, United States v. Ryan (E.D. On December 20, 2018, Zhang Xiao Dong (aka Mark Zhang), a Chinese citizen, was sentenced to 24 months imprisonment in connection with a fraud and smuggling scheme to sell mislabeled dietary supplements containing hidden synthetic stimulants. In his capacity as a sales representative, Marks also falsely told potential buyers that he and his family operated a profitable candy vending machine route. 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.). On February 26, 2021, U.S. District Judge Randolph Moss denied Plaintiff MediNatura Inc.s second motion for a preliminary injunction against the government. Clients made monthly payments expecting the money to go toward settlements. On December 6, 2018, the Court of Appeals for the Second Circuit affirmed the convictions and sentences of five defendants who worked at Vendstar, a Long Island company that brought in more than $60 million from selling worthless candy vending machine business opportunities. According to the charges, all of these patients had been given TPN that was compounded and distributed by Meds IV. The PACER Service Center can assist you at (800) 676-6856 between the hours of 7 a.m. and 6 p.m. CT Monday through Friday or by email at, PACER Quarterly Announcements |April 2023, Upcoming Release: PACER Case Locator Login Update, PACER Quarterly Announcements | January 2023. On August 3, 2015, the district court entered an order of permanent injunction against Henh Wong Fresh Produce, a sole proprietorship, its owner, David C. Ly, and employees Kin S. Ly and Thahn Danny C. Ly, to stop them from violating the Food, Drug, and Cosmetic Act (FDCA) by causing food to be adulterated while it is held for sale after shipment in interstate commerce. mono.) You should complete each of these documents before you arrive at the Clerk's Office. Scilabs is a contract manufacturer of dietary supplements distributed under the brand name All Pro Science, including Complete Immune + capsules and various flavored powders called Complete, Recovery and Precharge. Clenbuterol is only approved for sale in the United States as an equine bronchodilator, yet is sold on the black market for use by bodybuilders. Docket Number: 3:15-cr-496 (N.D. Docket Number: 15-cr-20471 (S.D. Press Release Epsilon also agreed to implement significant compliance measures designed to safeguard consumers data. Basnight fraudulently obtained new title documents reflecting the false mileages and resold the vehicles at inflated prices. Thecap does not apply to name searchresults, reports that are not case-specific, and transcripts of federal court proceedings. View more updates. This is the first enforcement action under the CCPA. 1345. Docket No. United States v. Kafeiti, et al. On December 5, 2014, Dallal pled guilty to two counts of conspiracy to commit mail and wire fraud. According to the complaint, United States residents received fraudulent direct mail solicitations that falsely claimed that the recipients had won, or would soon win, cash or valuable prizes or otherwise come into great fortune. Many homeowners lost their homes to foreclosure after hiring the firms. On July 31, 2015, the United States filed a complaint against three dietary supplement makers, Atrium Inc., Aspen Group Inc., Nutri-Pak of Wisconsin Inc., and the owners of the three firms, James F. Sommers and Roberta A. Sommers, based on violations of the Federal 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. Romeo has agreed to forfeit more than $1.2 million in profits from his crimes. For more information, see the press release dated July 24. 1345 against two businesses and two individuals alleged to operate a direct-mailing scheme based in Fort Lauderdale, Florida. In reality, Romeos companies sold Chinese knock-off hoodia that was imported using forged documentation. Docket Number: 2:18-CR-00726 (D. N.J.). Court Rules in Favor of Government in Challenge to FDAs Authority to Regulate Genetically Modified Salmon IFR v. Azar. District Court Enters Permanent Injunction Against Illinois Caviar Supplier United States v. Mary ParrishPress Release Victims sent money to mailboxes located in the United States and received no cash prizes. A .gov website belongs to an official government organization in the United States. Dr. Bencosme served as the principal investigator for a clinical trial conducted at UM Research intended to investigate the safety and efficacy of an experimental asthma medication in children. The complaints were filed by the U.S. Attorneys Office for the Northern District of Ohio and the Consumer Protection Branch. Victims banks reversed only approximately half of these charges, and Long succeeded in stealing more than $11 million. Docket Number: 3:15-CV-3769 (D.N.J.). On June 16, 2020, Lawrence B. Ryan was sentenced by U.S. District Judge Robert G. Doumar to 10 months imprisonment for his role in a conspiracy to unlawfully distribute controlled substances and to introduce into interstate commerce misbranded drugs with the intent to defraud or mislead. On May 18, 2016, drug and medical device company B. Braun Medical Inc. (B. Braun) agreed to pay $4.8 million in penalties and forfeiture and up to $3 million in restitution to resolve its criminal liability for selling contaminated B. Braun pre-filled saline flush syringes in 2007. FDA inspections and other evidence showed a repeated failure of Serra Cheese to reduce the risk of contamination from bacteria and to undertake critical measures that are essential to prevent the growth of certain potentially dangerous bacteria such as Listeria and E. coli, including failing to adequately clean and sanitize equipment in a proper manner. The order, part of the United States long-running racketeering lawsuit against the cigarette companies, also requires them to attach the same statements to cigarette packages for two weeks at a time, for a total of twelve weeks over two years. Smith sold a product called Miracle Mineral Supplement, or MMS, over the Internet. 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. District Court Enters Permanent Injunction Against Utah Pharmacy and Individuals to Prevent Distribution of Adulterated and Misbranded Drugs and Unapproved New DrugsUnited States v. Isomeric Pharmacy Solutions, LLC, et al. In denying MediNaturas motion, the court held that the company could not establish a likelihood of success on the merits of those claims without first asking the court to reconsider its dismissal of them. District Court Issues First-of-its-Kind TRO to Stop Tennessee Pharmacies and Pharmacists from Dispensing OpioidsUnited States v. Oakley Pharmacy, Inc. et al. Wall previously pleaded guilty to one count of conspiracy to violate the Federal Food, Drug, and Cosmetic Act (FDCA). Docket Number: 2:13-CR-0120 (E.D.N.Y.). Injunction Entered Against Eight Individuals and Entities That Ran Psychic Mail Fraud Scheme United States v. Metro Data Management, et al. Court Enters Preliminary Injunction Against Tech-Support Wire Fraud SchemeUnited States v. Elagoon Business Solutions Pvt Ltd d/b/a Computer Phone Assist Preparing Your Case 1. 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. 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. Laboratories, a California dietary supplement manufacturer, pleaded guilty on February 25 to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce. Additionally, Lytles longtime live-in companion, Fredretta L. Eason, was charged with aiding and abetting Lytles criminal contempt. One co-defendant in the scheme was sentenced in March, and a third defendant is set to be sentenced in July. The convictions stem from a series of incidents in which multiple patients at hospitals in Europe and the United States experienced serious infections after being treated with a duodenoscope manufactured by Olympus. Carroll says a chance On appeal, the 11th Circuit ruled that juror exposure to extrinsic evidence of deaths related to the outbreak did not influence or contribute to the verdict. Indian Cancer Drug Manufacturer Sentenced for Concealing and Destroying Records in Advance of FDA Inspection. Sign up to receive PACER announcements by email. S. marcescens is a bacteria that can cause bloodstream infections if introduced into the bloodstream through contaminated medications. Long used the proceeds of his fraud to purchase airplanes, numerous vehicles, and other property. As alleged in the information, while a number of the patients who died had underlying conditions which may have contributed to their deaths, medical records of some patients suggest that the S. marcescens bloodstream infections were also a significant factor. Utah Man Indicted for Selling Fake COVID-19 Cure; Former Company to Plead Guilty and Provide Customer Refunds United States v. Pedersen and United States v. My Doctor Suggests LLCPress Release (1) By the Plaintiff. The multi-faceted settlement includes a Statement of Facts in which Moodys acknowledged key aspects of its conduct, and a compliance agreement to prevent future violations of law. Del.) Sentencing for Geissler, Doyle, Patel, and S.K. Press Release Some victims lost thousands of dollars in the scheme. For example, if you file a lawsuit in federal court in Richmond, Alexandria, or Norfolk, you should review the Local Rules for the Eastern District of Virginia. Fla.). The permanent injunction requires Scilabs and Edalat to cease all operations connected to the company, and not to resume until FDA determines that their manufacturing practices have come into compliance with the law. From 2006 to 2010, Akinyoyenu owned and operated an internet pharmacy called Apex Online Pharmacy. On Feb. 22, 2018, Thomas Ressler pleaded guilty to one count of conspiracy to commit mail fraud for his role in a large-scale international mail fraud scheme. United States v. Neptune Manufacturing, Inc., et al. The indictment further alleged that the defendants imported synthetic ingredients from China using false certificates of analysis and false labeling, and lied about the source and nature of those ingredients to retailers and consumers. Summary Judgment Granted Against Manufacturer of Adulterated Dietary Supplements. 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. On March 28, 2016, the district court granted the United States motion for summary judgment against defendants Scottys Inc. and its co-owner and manager Sandra J. Jackson, sellers of adulterated ready-to-eat sandwiches. Docket Number: 2:20-cv-6692 (C.D. Juxtapid was approved to treat patients with homozygous familial hypercholesterolemia (HoFH), a rare genetic disorder that causes abnormally high levels of LDL-C, or bad cholesterol. Ohio). 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. According to the complaint, consumers pay for items supposedly sold through the websites but never receive those purchases. Usually, if Person A is this section shall govern the venue of all civil actions brought in district courts of the United States; and. Hermoza and the other callers told victims that they must immediately pay settlement fees to avoid these consequences. 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. Trial for the remaining defendants is set for July 13, 2021. As part of a global resolution, Baxter agreed to a deferred prosecution agreement and to pay a total of $16 million in criminal monetary penalties and forfeiture. Four Defendants Charged in Indictment Unsealed in Clinical Trial Fraud Case. Docket Number: 15-10399 (11th Circuit) His conduct in this case violated the injunction. United States v. Confidence USA, Inc., et al., On January 12, 2017, Baxter Healthcare Corporation (Baxter) agreed to pay $18.158 million to resolve criminal and civil liability arising from its failure to follow current Good Manufacturing Practices (cGMP) when manufacturing sterile drug products. Docket Number: 6:20-cv-140 (E.D. Tex.). The action, brought under the anti-fraud injunction statute (18 U.S.C. Docket Number: 1:16-CV-5264 (E.D.N.Y.). The indictment alleges that the remaining defendant, Andrea Burrow, opened victim return mail, sorted cash and other payments, and entered data from the victims responses into a database that the scheme used to target past victims with more fraudulent mailings. Docket Number: 1:19-cv-2184 (D.D.C.). Docket Number:0:18-CV-60377 (S.D. Vendstar sales representatives misrepresented to victims the likely profits they would earn, how past customers were doing, the availability of high-profit locations, and services that purported locating companies would provide. The defendants were executives of Acclarent, a start-up company that was acquired by Johnson & Johnson in 2010. New Jersey Man Pleads Guilty to Large-Scale International Mass-Mailing Fraud SchemeUnited States v. Ercan Barka On August 31, 2020, four individuals were charged in connection with an alleged clinical trial fraud scheme involving Miami company Unlimited Medical Research. The firm agreed to be bound by a consent decree of permanent injunction, which includes the recall and destruction of all dietary supplements manufactured, prepared, processed, packed, labeled, held, and/or distributed by the firm since April 2014. This litigation arose following eight years of FDA inspections which found that the defendants continually violated the agencys Current Good Manufacturing Practice (CGMP) regulations in their sandwich production. The court in both matters granted temporary restraining orders to limit the defendants ability to distribute or dispense controlled substances. Court Permanently Enjoins New York Company from Distributing Adulterated and Misbranded Dietary SupplementsUnited States v. Riddhi USA, Inc., et al.Press Release On July 25, 2018, Lawson Basnight of Norfolk, Virginia, was sentenced to serve 18 months in prison and three years of supervised release in connection with an odometer and title fraud scheme.
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