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. Burrow is the fourth defendant to plead guilty in connection with the scheme. (respectively). 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 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.). U.S. Supreme Court Recent Cases. Cal.). Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. Onochie Aghaegbuna; United States v. Jonathan WallDocket Number: 0:13-CR-273 (D. Minn.). 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. The plea was part of an global resolution that included a separate consent decree of permanent injunction to resolve civil liability under the FDCA. Sonar, a New Jersey corporation, manufactures drugs for Stratus. Docket Number: 8:18-cv-996 (C.D. All of the defendants played roles in developing, manufacturing, or marketing the popular USP Labs supplements known as Jack3d and OxyElite Pro. La. As part of the consent decree, the defendants represented that they no longer engage in sterile compounding. )(SJF) On November 10, 2016, Kevin M. Marks pled guilty to conspiracy to commit wire fraud for fraudulently selling business opportunities. 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. Sunset Natural Products was a dietary supplement manufacturer and distributor in Miami, Florida that, in addition to manufacturing its own products, also acted as a contract repacker/relabeler of previously encapsulated dietary supplements. Chief Executive Officer and Manager of Fraudulent Business Opportunity Seller Sentenced to PrisonUnited States v. Edward WeaverPress Release 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. On June 4, 2019, the district court entered two stipulated preliminary injunction orders against doctors Cesar B. Pena Rodriguez and Leovares A. Mendez to stop them from unlawfully prescribing powerful opioids linked to abuse and diversion. Ohio), Docket Number: 1:15-CR-0024-WLS-TQL (M.D. Docket Number: 2:16-CR-0071 (D. Nev.). Further, because they are prescription drugs, their labels by definition cannot bear adequate directions for use by a layperson. No sentencing date has been set. Sentencing is set for March 26, 2019. Press Release Once entered by the court, the consent decree will require Acino to cease all manufacture and distribution of the unapproved and misbranded suppositories, and to destroy any such suppositories already in existence. The district court entered the proposed consent decree. 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. The FDA has approved Onyx only for use inside the brain. In addition to seeking injunctive and civil monetary penalty relief for violations of the CSA, the complaint also contains allegations under the False Claims Act for falsely billing Medicare for illegally dispensed controlled substance prescriptions. 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. Many homeowners lost their homes to foreclosure after hiring the firms. On March 23, Richard Linick was sentenced to 3 years in prison for fraudulently selling $1.65 million in vending machine businesses to more than 140 victims. Ryan, at the time a licensed physician in Virginia, was paid $2 per drug order. The charges in the indictment stem from Indivior’s marketing of Suboxone, an opioid drug used in the treatment of addiction. But the court left for the jury’s determination at trial the issues of whether the defendants were liable for making deceptive claims, ignoring consumers’ prior do-not-call requests, and abandoning calls. Wash.). Weaver and Kaplan were both found guilty after a 6-week trial last year of conspiracy, mail fraud, wire fraud, and making a false statement. Physicians & Surgeons v. FDA. Ryan also agreed to forfeit $316,153, the sum of money he was paid by RX Limited. As part of the consent decree, the defendants represented that Medistat has ceased operations. According to the CDC, several of the Maryland patients reported having eaten soft or semi-soft cheeses in the month before becoming ill. On March 11, 2014, the Food and Drug Administration suspended Roos’ food facility registration after determining there was a reasonable probability that food manufactured, processed, packed, or held by Roos would cause serious adverse health consequences or death to humans. 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. Docket Number: 15-10399 (11th Circuit) The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. 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. 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. Weaver and Kaplan were ordered to report to prison on January 9, 2017. On March 21, 2016, the United States filed an injunction action against Native American Enterprises, LLC (“NAE”), of Wichita, Kansas, its Vice President and 49% owner, William N. McGreevy, and its Production Manager, Robert C. Conner, to prevent the manufacture and distribution of adulterated food, namely ready-to-eat refried beans and sauces. From January through July of 2013, Long created and deposited more than 750,000 unauthorized checks totaling more than $22 million. Docket Number: 1:20-cv-21601 (S.D. On August 29, 2019, the district court entered a consent decree of permanent injunction against Topway Enterprises, Inc., d/b/a Kazy’s Gourmet, a Houston, Texas company that processes and distributes ready-to-eat raw fish, and its principals, Jeff Liao, Ying Chen, and Adwin Liao. Dietary Supplement Manufacturer Enjoined from Distributing Adulterated, Misbranded Products Marketed as DrugsUnited States v. EonNutra LLC et al.Press Release Trial is set to begin in Abingdon, Virginia on May 11, 2020. On February 17, 2017, Felecia Roxanne Lindo was sentenced to serve 24 months in prison and three years’ supervised release for her role in a fraudulent lottery scheme based in Jamaica. Second Circuit Affirms Conviction and Sentence of Business Opportunity FraudsterUnited States v. Edward Morris "Ned" Weaver (Vendstar) Press Release The defendants’ violations included placing over 99 million calls to phone numbers on the DNC Registry. In the underlying lottery fraud scheme, the victim was falsely informed that she had won a lottery but had to pay various up-front fees. The order also imposes a civil penalty of approximately $45.4 million, of which all but $487,735 is conditionally suspended based on the defendants’ financial condition. Tex.). HA2022 Business Law, Tri 3, 2011 1. Injunction Entered Against Eight Individuals and Entities That Ran Psychic Mail Fraud Scheme United States v. Metro Data Management, et al. § 401(3), in connection with his role in several fraudulent business opportunities. 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 June 1, 2020, U.S. District Judge David Counts issued a temporary restraining order under the anti-fraud injunction statute (18 U.S.C. Only approximately half of these charges were reversed by victims’ banks. 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 order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. A company without a food facility registration cannot distribute any food products. In addition, the company is paying $25 million to resolve civil allegations under the False Claims Act.
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