Owner of Loan Modification Scam That Targeted Struggling Owners Pleads GuiltyUnited States v. Bryan DAntonioPress ReleaseDocket Number: 8:13-CR-0208 (C.D. Podesta and Polo admitted that they managed and supervised call centers for the scheme. 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. The resolution also includes a civil settlement with the federal government, including a payment of approximately $2.158 million, to resolve allegations that Baxter submitted false claims to the Department of Veterans Affairs in violation of the False Claims Act. Owner of Texas Sport Supplement Company Ordered to Forfeit $3.5 Million for Unlawful Distribution of Steroid-like Drugs. 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). Fla.). The injunction permanently enjoins the defendants from distributing unapproved, misbranded, and adulterated drugs in violation of the Food, Drug, and Cosmetic Act. Docket Number: 1:20-cr-123 (W.D. If they can't afford one, the state must provide an attorney. 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. United States v. Home Style Foods et al. Eleventh Circuit Affirms Sentence of Business Opportunity FraudsterUnited States v. Sirtaj Tosh Mathauda Mont.). 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. 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. In addition to imposing a civil penalty, the order permanently enjoins Dr. Reddys from distributing household oral prescription drugs in violation of the law and requires Dr. Reddys to implement a compliance program. 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. Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. W. Scott HarkonenDocket Number: 15-16844 (9th Cir./N.D. 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. United States Seeks Preliminary Injunction Against Arkansas Compounding PharmacyUnited States v. Cantrell Drug Co. et al.Press Release The plea was part of an global resolution that included a separate consent decree of permanent injunction to resolve civil liability under the FDCA. In a civil lawsuit, it is usually the individual that has brought the case to the attention of the court and initiated litigation. On December 7, 2016, Palmer pleaded guilty to one count of conspiracy to commit mail and wire fraud. 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.). On March 28, 2018, the district court entered a consent decree of permanent injunction against Riddhi USA, Inc., and its owner and president, Mohd M. Alam, permanently enjoining the defendants from manufacturing and distributing dietary supplements that are adulterated and misbranded under the Food, Drug, and Cosmetic Act. Lovisa also pleaded guilty to wire fraud in connection with a related scheme to defraud the Federal Trade Commission, which previously sued him regarding an earlier prize-promotion mailing business. Docket Number: 6:18-CV-0389 (M.D. 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. Read online free Civil Church Law Cases ebook anywhere anytime directly on your device. An information filed the same date charged the company with two misdemeanor counts of adulterating food in violation of the Federal Food, Drug, and Cosmetic Act. 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. The court also set a June 11 hearing on the governments motion for preliminary injunction. The CDC eventually identified more than 700 cases of salmonellosis linked to the outbreak with illness onset dates beginning in August 2006. Court Denies Indiviors Motion to Dismiss Indictment in Suboxone Case, United States v. Indivior, Inc. The questions presented are: "(1) Is time spent on an employer's premises in a . British Man Pleads Guilty to Wire Fraud and Aggravated Identity Theft for Fraud Scheme with Hundreds of Thousands of VictimsUnited States v. Gareth David Long, Press release His conduct in this case violated the injunction. Gao was the supply chain manager for a Chinese firm that sold raw ingredients for use in dietary supplements. In addition, the company produced fish products under insanitary conditions based on its failure to comply with Current Good Manufacturing Practices. Some of the defendants products also contained undisclosed active pharmaceutical ingredients. On August 4, 2015, the court entered a consent decree signed by the parties. The United States will file the consent decree with the court upon assignation of the case. Palmer and her friend kept a portion of the money, and Palmer wire transferred the rest to her Jamaican co-conspirator. In pleading guilty earlier this year, Gao admitted that she knew major American dietary supplement retailers would refuse to carry supplements known to contain certain stimulants, such as DMAA. United States v. Luna, et al. Modified versions of the Soviet legal system operated in many Communist states following the Second World War including Mongolia, the People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and . Fla.). Cal.). Wash.). On March 22, 2017, Cassandra Althea Palmer was sentenced to serve 24 months in prison and three years supervised release in connection with her participation in a Jamaican-based lottery scheme. Long pleaded guilty in November 2019 to one count of wire fraud and one count of aggravated identity theft. In a criminal information previously filed in the District of Nevada, the United States charged FKOL with violating the Federal Food, Drug and Cosmetic Act by concealing and destroying records prior to a 2013 FDA plant inspection in Kalyani, India. In reality, identical letters were sent to hundreds of thousands of consumers identified through the purchase of lead lists. The criminal charge and civil complaint alleged that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono). Court Dismisses Challenge to FDAs Emergency Use Authorization for Hydroxychloroquine Related to COVID-19 Assn of Am. Va.). Tex.). 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. Four Defendants Charged in Indictment Unsealed in Clinical Trial Fraud Case. Five other defendants Mario Castro, Jose Salud Castro, Salvador Castro, Miguel Castro, and Jose Luis Mendez are awaiting trial, which likely will be scheduled for May 2021. Texas Man Indicted for Alleged Illicit Importation of Vaping ProductsUnited States v. ReyesCase No. In return, victims received worthless costume jewelry. Home Security Company Agrees to $20 Million Payment in Case Alleging FTC Act and FCRA Violations. In a complaint filed in February, the United States alleged the companys medicated feed labels did not list active drug ingredients or include adequate instructions for use. Complaint for Injunctive Relief and Civil Penalties Filed Against Online Consumer Background Report Provider MyLife.com United States v. MyLife.com, Inc. et al.Press Release Fla). 1:20-cv-02066 (D.D.C.). 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. The case is before U.S. District Judge Robert N. Scola. The indictment alleges that Adrianzen partnered with several Peruvian call centers that contacted Spanish-speaking consumers in the U.S., many of whom were elderly and vulnerable. On May 13, 2020, Blue Bell Creameries pleaded guilty before U.S. District Judge Robert Pitman to charges that the Texas-based ice cream manufacturer shipped listeria-contaminated products in 2015. Lindo received victims money, kept a portion for herself, and sent the remainder to individuals in Jamaica. Tex). 3:19-CR-00632 (N.D. The evidence at trial demonstrated that Facteau and Fabian sought to quickly develop and market products, including the Stratus, to create a projected revenue stream that would make Acclarent an attractive business for either an initial public offering or acquisition. Per this policy, in unlimited civil cases a party who has received a fee waiver may request an official court reporter The verdict was the first ever in an action to enforce the Telemarketing Sales Rule and Do Not Call Registry rule. Laboratories is set for Aug. 12, 2019. 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. White entered a temporary restraining order against an Oklahoma company that touted an unapproved colloidal silver product as a COVID-19 treatment. 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. As part of his guilty plea, Hidalgo admitted that he and others at Everglades in Peru called victims in the United States claiming to be attorneys or government 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. He was arrested in Liberia and expelled to the United States in September 2012. The complaint alleged the schemes targeted the elderly and generated approximately $4.8 million in annual victim losses. On December 10, 2014, the United States filed a civil action against William H. Oshiro d/b/a RZM Food Factory to enjoin him from violating the Federal Food, Drug and Cosmetic Act, including violations of current Good Manufacturing Practice standards. District Court Rules for Government in Action Against Cheese Manufacturer United States v. S. Serra Cheese Co., Fina Serra, and Stefano Serra, Press ReleaseDocket Number: 2:14-CV-13077 (E.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. A hearing for the defendants to show cause why a preliminary injunction should not issue is scheduled for April 17, 2018. Among other provisions, the preliminary injunction bars the defendant from providing or purporting to provide technical-support services and from conducting business through use of any of its email and internet website addresses, including www.computerphoneassist.com, www.elagoonites.com, www.elagoondigital.com, contact@computerphoneassist.com, and contact@elagoonites.com. In addition to the prison term, the court also ordered Crawford to pay $103,700 in restitution. The indictment alleges that Indivior obtained billions of dollars in revenue from Suboxone Film prescriptions by deceiving health care providers and health care benefit programs into believing that Suboxone Film was safer, less divertible, and less abusable than other opioid-addiction treatment drugs. The civil courts also have a process to ensure awards can be enforced. On October 8, 2019, Angel Armando Adrianzen was charged with conspiracy to commit mail fraud and wire fraud, five counts of wire fraud, five counts of mail fraud, and four counts of extortion in connection with an alleged scheme operated by a transnational criminal organization. The terms of the permanent injunction and appropriate civil penalty amount will be decided by the court. In pleading guilty, Akinyoyenu admitted that he paid a doctor to review thousands of prescription drug orders for a small fee per order. According to charges, Gore sent collection letters to victims of the psychic scheme after the victims checks bounced. On May 2, 2019, U.S. District Judge Robert Lasnik entered a preliminary injunction under 18 U.S.C. 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. Americans with Disabilities Act, Criminal Law Related Civil Cases, Habeas Corpus/Prisoner. 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. The settlement includes significant commitments by Moodys to improve its business practices, including: separation of Moodys commercial and credit rating functions; independent review and approval of changes to rating methodologies; changes to ensure that key personnel are not compensated on the basis of the companys financial performance; enhancing Moodys oversight over its press releases and methodology development; and certifications of compliance by the President/CEO of Moodys with these commitments for at least five years. District Judge Stanley R. Chesler told Yabe that you deserve to be professionally disgraced your conduct was unpardonable, but noted that there was no evidence that Yabe intentionally violated the law and credited him for coming to the United States to plead guilty, when there was little possibility that he would be extradited. Both men pleaded guilty in March 2016 to two misdemeanor violations of the Federal Food, Drug and Cosmetic Act (FDCA). The Court also entered a Consent Order of Forfeiture for $388,265.12, Ul Haqs portion of the proceeds from drug sales to United States customers. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. The courts order followed an eight-day bench trial that concluded in March. Fla.). Bencosme is the second defendant to plead guilty in connection with this scheme. The court sentenced Gutierrez to 51 months imprisonment, and Podesta and Polo to 46 months imprisonment. On October 17, Samaiyah Sharron Armistead pleaded guilty in U.S. District Court for the District of Maryland to one count of conspiracy to commit money laundering. FindLaw maintains an archive of Supreme Court opinion summaries from September 2000 to the present. Examples of cases covered under civil law include negligence, fraud, breach of contract, medical malpractice and marriage dissolution. Dietary Supplement Companies Sentenced in Case Involving Alleged Link to Liver Damage, U.S. v. USPLabs, et al. Under the proposed consent decree, Downing will be enjoined from manufacturing drugs in violation of the FDCA and will be required to cease operations until FDA determines that the company has brought its conduct into compliance with the law. 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 indictment, returned on February 23, 2021, alleges that the defendants enrolled subjects into clinical trials who did not meet the eligibility criteria for those trials, falsified laboratory results, falsified medical records, and falsely represented that subjects were taking the drugs being studied when in fact they were not. California Man Sentenced for Prescription Drug DiversionUnited States v. Joseph DallalDocket Number: 3:12-CR-922 (D.P.R. On Nov. 21, 2017, the district court entered consent decrees against defendants BDK Mailing GmbH, Mailing Force Pte, Ltd., Only Three Pte. The complaint further alleged that several of the defendants products were misbranded under the FDCA, in that many of the product labels did not list all ingredients or indicate the correct serving size. Defendants refused in writing to cease their violative conduct even after receiving a warning letter from FDA and FTC advising that distribution of Miracle Mineral Solution violated the Federal Food, Drug, and Cosmetic Act. 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. In a complaint filed February 1, 2019, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act by causing drugs to become adulterated. North Carolina Dietary Supplement Distributor Sentenced in Case Involving Synthetic Steroids. 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. On October 6, 2017, Jonathan Wall was sentenced to probation and Onochie Aghaegbuna was sentenced to time served related to their roles in RX Limited, a fraudulent Internet pharmacy scheme. Courts handle two types of disputes: civil and criminal. 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. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. Another defendant, Glen Burke, also pleaded guilty in December 2017 and was sentenced on March 12, 2018, to 87 months in prison and three years of supervised release. and United States v. California Stem Cell Treatment Center, Inc., et al.Press Release The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. );2:16-CR-316 (D.N.J. On July 9, 2020, U.S. District Judge Orlando L. Garcia sentenced Trorice Crawford to 46 months imprisonment for his role in an identity theft and fraud scheme that targeted U.S. servicemembers and veterans. The complaint alleged that the defendants continued to make such claims in violation of the Food, Drug, and Cosmetic Act despite receiving a March 6 joint warning letter from the Food and Drug Administration and the Federal Trade Commission. 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 company makes gels that hospitals and other caregivers use to take ultrasound scans. In pleading guilty, Diaz admitted that he and co-conspirators caused to be mass-mailed to consumers notifications promising large cash prizes in exchange for payment of certain fees. A civil lawsuit is filed in a civil court. Tex.). 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. FDA inspections over the past three years have revealed multiple and repeated violations of the Food, Drug, and Cosmetic Act (FDCA) by Downing in the manufacture of compounded sterile injectable drugs. Docket Number: 18-CR-10461 (D. 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. District Court Enters Permanent Injunction Against Illinois Caviar Supplier United States v. Mary ParrishPress Release On May 1, 2018, the district court entered a consent order requiring the countrys major cigarette companies to begin posting corrective statements on their websites starting on Monday, June 18. 1343. View All Legal Forms . United States v. Bencosme, et al. 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). 18-1785 (7th Cir.) Press Release 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. Docket Number: 20-mj-2054 (D.N.J.). Docket Number: 2:11-CV-0419 (D. Utah). Burnetts co-defendant, Amber McLaughlin, was sentenced to serve 12 months in prison and pay $176,725 in restitution. 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. In its motion, Arbor argued that generic approvals were imminent and would result in the company losing millions of dollars in revenue. 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. The injunction requires the defendants to destroy dietary supplements that are in their possession and implement several consumer safety measures before resuming the manufacturing or distributing of dietary supplements. 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