Both defendants worked at Multivend, LLC, d/b/a/ Vendstar, based in Deer Park, New York. Docket Number: 1:19-cr-16 (W.D.V.A.). Justice Department and State Partners Secure Nearly $864 Million Settlement With Moody’s Arising From Conduct in the Lead up to the Financial CrisisIn re: Moody’s Investors Service Inc. Press Release The indictment alleged that the defendants misrepresented the nature and origin of the active ingredients in their products. Sitesh Patel, the vice president of S.K. The jury generally is asked to determine whether the defendant is responsible for harming the plaintiff in some way, and then to determine the amount of damages that the defendant will be required to pay. All of the defendants played roles in developing, manufacturing, or marketing the popular USP Labs supplements known as Jack3d and OxyElite Pro. In pleading guilty, Gali admitted that from 2006 through 2011, he and his brother, Chaim Gali, devised a scheme to defraud consumers by misrepresenting the mileages of used vehicles. ); 2:14-CV-1156 (D.N.J. 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. 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, Parkinson’s disease, pulmonary disease, arthritis, stroke, ALS, and multiple sclerosis. Docket Number: 2:14-CV-6791 (E.D.N.Y.). Docket Number: 1:19-CV-3382 (N.D. Ill.). United States v. Philip Morris USA, Inc., et al. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. Court cases that involve disputes between people or businesses over money or some injury to personal rights are called “civil” cases.A civil case usually begins when one person or business (called the \"plaintiff\") claims to have been harmed by the actions of another person or business (called the \"defendant\"). Pentax was charged in a criminal complaint with failing to file timely reports of two hospital infection outbreaks associated with its duodenoscope and with shipping four other types of endoscopes for 18 months without FDA-approved instructions for use. On March 6, 2019, the court unsealed the guilty pleas of two defendants as well as an 18-count indictment against a third individual alleged to have operated a massive mail-fraud scheme for more than 20 years. Wash.). 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. Fla.). Fla.);2:16-CR-0191 (C.D. The consent decree of permanent injunction was entered by U.S. District Court Judge Richard G. Andrews on Jan. 26. 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. Through skillful jury arguments, the plaintiff’s counsel Thurgood Marshall made the case that segregation itself was harmful to black children. Tenn.). Note: Read the "Justice for All Act of 2004", which describes crime victims rights. Lists of cases seeking permission to appeal to the Court appear on the monthly lists published on our Permission to appeal page, once such an application is determined.. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. § 1343. Victims lost at least $16.7 million to the fraudulent scheme. 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. and United States v. Global Voicecom, Inc., et al. Six Las Vegas-Area Defendants Charged in Elder Fraud Scheme Long did not have authorization to charge any of these victims’ accounts. United States v. Hidalgo et al. The injunction prohibits defendants from manufacturing and distributing unapproved drugs, and, among other measures, requires Sonar to cease manufacturing until the company implements remedial measures, including establishing a quality assurance and quality control program and retaining an expert to conduct a comprehensive evaluation of Sonar’s operations. On August 29, 2019, U.S. District Judge Roy K. Altman sentenced three residents of Lima, Peru in connection with a fraud and extortion scheme that targeted Spanish-speaking victims in the United States. On July 12, 2016, the government filed criminal informations against two individuals, charging each with one misdemeanor count of introducing an unapproved new drug into interstate commerce in violation of the federal Food, Drug and Cosmetic Act (FDCA). Contrary to these agreements, Turner sold the drugs to drug wholesalers at higher prices. Sales staff routinely lied to homeowners, stating that the firms had a team of experienced attorneys, a long track record and a very high success rate. The defendant made the argument that “separate but equal” education was sufficient to meet all students’ educational needs. ); 5:16-CR-0022 (M.D. Docket Number: 2:16-CR-0071 (D. Nev.). 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. On May 22, 2019, Hisao Yabe was sentenced to one year of probation and fined $5,000 for his failure to report to the Food and Drug Administration information that called into question the safety of a medical device manufactured by Olympus Medical Systems Corporation. Docket Number: 1:20-cv-2016 (E.D.N.Y.). By applying rules of evidence, the judge determines which information may be presented in the courtroom. Government Files Complaint for Permanent Injunction Against New Jersey Maker of Ultrasound Gels United States v. Pharmaceutical Innovations Inc. and Charles Buchalter; Pharmaceutical Innovations, Inc. v. U.S. Food & Drug Admin; Some victims were threatened with negative marks on their credit reports, imprisonment, or deportation. That scheme particularly affects elderly individuals throughout the country, and in several foreign countries.” Among other provisions, the order bars the defendant from engaging in computer-security telemarketing, accepting payment for technical-support services, impersonating technology companies, and from conducting business through use of its email addresses in the “@ozemioinc.com” and “@urgentechelp.com” domains. On August 6, 2018, the District Court permanently enjoined a group of entities and individuals alleged to have been involved for more than a decade in predatory mail fraud schemes that targeted primarily elderly victims throughout the world. In pleading guilty, Akinyoyenu admitted that he paid a doctor to review thousands of prescription drug orders for a small fee per order. New Jersey Man Pleads Guilty to Large-Scale International Mass-Mailing Fraud SchemeUnited States v. Ryan Young As part of the consent decree, the defendants represented that Medistat has ceased operations. The date of the sentencing hearing has not yet been set. British Man Sentenced to 70 Months in Prison for Fraud Scheme That Victimized Hundreds of Thousands of U.S. Consumers United States v. Long, Press Release The states involved in the settlement include Arizona, California, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, South Carolina and Washington as well as the District of Columbia. This case was initiated in 2011, alleging that the defendants, Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III, committed widespread violations of the FTC Act and Telemarketing Sales Rule (TSR) in various telemarketing campaigns to sell DVDs and movie tickets, and in charitable solicitation call campaigns. Alabama Pharmacy Enjoined from Distributing Adulterated, Misbranded, or Unapproved DrugsUnited States v. Medistat RX, LLC, et al. 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. Sentencing will be held in U.S. District Court in Austin, Texas. The remaining two defendants, Mark Grenon and his adult son, Joseph Grenon, are now permanently enjoined 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. Docket Number: 2:19-cv-00324 (W.D. Marks induced sales by misrepresenting the business opportunity’s likely profits, the amount of money that prior buyers were earning, how quickly buyers were likely to recover their investment, the quality of locations that were available for the vending machines, and the level of location assistance that buyers would receive from outside locating companies. Dietary Supplement Manufacturer Enjoined from Distributing Adulterated, Misbranded Products Marketed as DrugsUnited States v. EonNutra LLC et al.Press Release The court previously entered a default judgment against the entity and two principals located in the United States. Thus, they are misbranded within the meaning of the Food, Drug, and Cosmetic Act (“FDCA"). On August 14, 2020, the district court dismissed a challenge by a physicians’ interest group to FDA’s since-revoked emergency use authorization (“EUA”) for hydroxychloroquine related to COVID-19. Docket Number: 5:12-CR-0141 (N.D. Ga.). So that witnesses speak from their own knowledge and do not change their story based on what they hear another witness say, they are kept out of the courtroom until they testify. As part of his guilty plea, Guerra admitted that he and others at the call centers falsely claimed to be attorneys or government representatives. From 2006 to 2010, Akinyoyenu owned and operated an internet pharmacy called Apex Online Pharmacy. Complications from the disease can also lead to miscarriage. The court previously entered a temporary restraining order against the defendants. Ill.). Basnight also was ordered to pay approximately $400,000 in victim restitution. (civil case) On March 3, 2016, Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act. After evidence is heard, each side gives a closing argument. This scheme defrauded more than 1 million Americans out of more than $180 million. 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 March 13, 2019, the two remaining defendants in the USP Labs case pleaded guilty in Dallas to felony charges in connection with a scheme to fraudulently sell workout supplements. The callers told victims they had failed to pay for or receive a delivery of products, and claimed that victims faced court proceedings and owed thousands of dollars in fines. Defendant’s Foreign Properties Sold for $1,665,000 To Obtain Restitution for Fraud VictimsUnited States v. Shevin Goodman Civil Tort Law is a very broad area of the law that covers wrongdoing by one individual against another. 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. The defendant also was ordered to make restitution payments to victims. If the request is granted, the fee is waived. Zhang was the sales manager for a Chinese firm that sold raw ingredients for use in dietary supplements. Twenty other individuals also have been convicted in connection with Vendstar, many of whom are awaiting sentencing. 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. Civil cases are not about breaking a criminal law. Share sensitive information only on official, secure websites. California Man Indicted in Transnational Fraud and Extortion Scheme United States v. Adrianzen, Press Release The Court also entered a Consent Order of Forfeiture for $388,265.12, Ul Haq’s portion of the proceeds from drug sales to United States customers. Docket Number: 3:09-CV-03073 (C.D. The complaint charges that the defendants violated the Telemarketing Sales Rule (TSR) by operating a telemarketing campaign that delivered pre-recorded “robocall” messages warning consumers about a purported looming “14 percent increase” in their energy bill. 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. In April 2015, Wasmund’s former employer, Quality Egg, was ordered to pay a fine of $6.79 million for the felonies of bribing a USDA inspector and selling restricted and misbranded eggs with intent to defraud, and the misdemeanor of selling and shipping adulterated eggs into interstate commerce. The temporary restraining order blocks the defendants from operating the alleged scam and shuts down hundreds of websites used by the defendants to carry out their scheme. Docket Number: 1:17-CV-0033-MSK-MJW (D. Colo.). The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Docket Number: 19-CV-00027 (C.D. Hermoza and the other callers told victims that they must immediately pay “settlement fees” to avoid these consequences. Docket Number: 8:18-CV-996 (C.D. § 1345 against Maven Infotech Pvt. On November 10, 2016, Kevin M. Marks pled guilty to conspiracy to commit wire fraud for fraudulently selling business opportunities. According to the complaint, victims who received these solicitations sent payments through the U.S. and international mail systems to defendants Trends Service in Kommunikatie, B.V. (Trends), and Kommunikatie Service Buitenland, B.V. (KSB), both owned and operated by defendant Erik Dekker. Court Enters Default Judgment and Permanent Injunction Against “Church” Entity and Two Individuals for Selling “Miracle” Coronavirus Bleach Cure, United States v. Genesis II Church of Health and Healing 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.). One of the primary ingredients sold by Romeo’s companies was powder purportedly derived from a rare South African cactus called “hoodia,” which was claimed to have weight-loss properties. On May 1, 2020, the United States filed a criminal information and plea agreement resolving charges that Texas-based ice cream manufacturer Blue Bell Creameries shipped listeria-contaminated products in 2015. The products had not been approved by Food and Drug AdminIstration. A civil case usually begins when one person or business (the "plaintiff") claims to have been harmed by the actions of another person or business (the "defendant") and asks the court for relief by filing a "complaint" and starting a court case. Fla.); 5:16-CV-0577 (M.D. The order further notes that “the United States has produced evidence demonstrating that Defendant is involved in a predatory wire fraud scheme that victimizes consumers. The complaint, filed with the consent decree on Dec. 18, 2017, alleged that until 2012, Dr. Reddy’s distributed oral prescription drugs in blister packaging that it failed to test for child resistance under the Poison Prevention Packaging Act. 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. On February 7, 2019, U.S. District Judge Aleta Trauger issued a temporary restraining order against two Celina, Tennessee pharmacies, their majority owner, and three pharmacists, stopping them from continuing to dispense controlled substances. The temporary restraining order proposed by the United States would block the defendants from operating the alleged scam and shut down hundreds of websites used by the defendants to carry out their scheme. Restitution will be decided at a later hearing. White entered a temporary restraining order against an Oklahoma company that touted an unapproved colloidal silver product as a COVID-19 treatment. Ten of those defendants have been sentenced to prison, and 12 have been sentenced to probation. Pedersen allegedly posed as a doctor to promote ingestible silver-based products as a cure for COVID-19 despite having no evidence that his products could treat the disease. Mich.). On June 25, 2018, Michael Rossi was sentenced to 63 months in prison plus three years of supervised release in connection with a telemarketing scheme that defrauded thousands of victims, many of whom were elderly, out of more than $2.7 million. Long obtained the account information of his victims through purchasing detailed spreadsheets containing personal and financial information; and, account information that he possessed from his prior work as a payment processor for merchants and telemarketers. Fla.). § 371, and criminal contempt in violation of 18 U.S.C. The injunction, which will last for at least five years, follows an October 20, 2015 order in which the court granted the government’s motion for summary judgment, finding that the defendant company, Serra Cheese, was adulterating cheese products under the Food, Drug, and Cosmetic Act. The legal justice system is … The opposing attorney may object if a question it invites the witness to say something that is not based on the witness’s personal knowledge, is unfairly prejudicial, or is irrelevant to the case. United States v. Castro et al. Simultaneously with the filing of this action, Dutch law enforcement agents executed search warrants on the business address used by both companies and on Dekker’s home address. Elderly victims of the scheme were contacted and falsely told that they had won millions of dollars in a lottery or sweepstakes. With reference to the case study, explain the three elements of defamation. In addition, S.K. After four hours of deliberation, the jury found the defendants liable for the United States’ remaining claims and concluded that they committed more than 117 million knowing violations of the TSR. The criminal information alleged that on Feb. 21, 2014, the Centers for Disease Control and Prevention (CDC) reported that a total of eight people (five adults and three newborns) in Maryland and California were infected with L. mono. 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 Eleventh Circuit rejected both of his arguments, holding that the prison sentence was substantively reasonable and that the district court did not err in denying his motion to proceed pro se without holding a third Faretta hearing. The complaint alleged that the defendants were not complying with the FDA’s current good manufacturing practice regulations and were, accordingly, misbranding the dietary supplements they manufacture and sell. In pleading guilty, Lovisa admitted that he sent prize-promotion mailings that misled recipients, many of whom were elderly, into believing that they could claim and receive large cash prizes in exchange for modest fees. 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. Injunction Action Filed Against Drug CompounderUnited States v. Downing Labs, LLC et al.Press ReleaseDocket Number: 3:16-CV-003 (N.D.Tex.). Weir is set to be sentenced on May 12, 2017. Docket Number: 2:20-cv-6692 (C.D. § 1345. The indictment alleges that over a five-year period, members of the conspiracy exploited personal identifiers of military members to steal millions of dollars. Smith received the money, kept a portion for herself, and sent the remainder to individuals in Jamaica. On March 3, 2016, Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act. Alabama Seafood Soup Producer Signs Consent Decree in Connection with Distribution of Adulterated and Misbranded FoodUnited States v. BEK Catering, LLC d/b/a Floppers Foods, et al. Justice Department Obtains $1.4 Billion from Reckitt Benckiser Group in Largest Recovery in a Case Concerning an Opioid Drug in United States HistoryUnited States v. $647,000,000 in U.S. CurrencyPress Release 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. On Jan. 18, 2018, the district court entered a consent decree imposing a $5 million civil penalty and a permanent injunction against Dr. Reddy’s Laboratories, Inc., a pharmaceutical company, to resolve a complaint that the company violated the Consumer Product Safety Act. § 1345 against two businesses and two individuals alleged to operate a direct-mailing scheme based in Fort Lauderdale, Florida. The complaint against Michael Tricaso, D.O., was filed August 15; the complaint against Gregory Gerber, M.D., which also alleges numerous False Claims Act violations, was filed on August 17. Civil Enforcement Actions Under Controlled Substances Act Announced Against Two Physicians Related to Opioid Distribution United States v. Gregory J. Gerber, M.D., et al. 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. A copy of the Court Order is available. District Court Enters Consent Decree Against Dietary Supplement ManufacturerUnited States v. Sunset Natural Products Inc., et al. Facebook Ordered to Pay $5 Billion Civil Penalty and Implement Enhanced Consumer Privacy Protections, United States v. Facebook, Inc. Sentencing will be held in Austin, Texas, before Judge Pitman. Weaver and Kaplan were ordered to report to prison on January 9, 2017. 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. The charge against Gore carries a statutory maximum penalty of 5 years in prison. To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. 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. 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. Docket Number: 2:20-cr-00196 (D. Nev.). The complaint alleged that defendants had a history of processing food products under insanitary conditions. Many victims received nothing; others received only a cheap piece of jewelry or a report listing unrelated sweepstakes. 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. 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.”. On April 26, 2019, the Eighth Circuit Court of Appeals granted the government’s motion to dismiss an appeal brought by a defendant convicted of marketing and selling light-emitting medical devices as a cure-all to (primarily elderly) consumers. The firm sold their soups to various distributors after receiving seafood from other states including Florida. L.A. Star processed and distributed a variety of ready-to-eat fish products. The complaint further alleges that the defendants issued numerous purported prescriptions without a legitimate medical purpose and outside the usual course of professional practice to undercover agents of the United States Drug Enforcement Administration. Four Individuals Charged in Clinical Trial Fraud Scheme United States v. Bencosme, et al. The complaint also alleged that defendants Goldring, Oyrekh and Krutovsky are Neptune’s corporate officers with the authority and responsibility for preventing and correcting violations of federal law at the company. 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. On March 14, 2017, the United States District Court for the District of Colorado entered a joint Consent Decree of Permanent Injunction against EonNutra LLC, two related companies, CDSM LLC and HABW LLC, and their owner, Michael Floren, to prevent the defendants’ sale and distribution of adulterated and misbranded dietary supplements and unapproved and misbranded drugs in violation of the Federal Food, Drug, and Cosmetic Act (“FDCA”). Cal.). Docket Number: 2:18-CR-349 (E.D.N.Y). Docket Number: 1:20-cr-104 (E.D.N.Y.). In a complaint filed in May, the United States alleged that inspections at Medistat revealed numerous insanitary conditions, including significant microbial contamination in aseptic processing areas and the failure to use sterile wipes to clean critical surfaces in the pharmacy. The entry of the permanent injunction resolves the litigation. The party complaining is called the plaintiff and the party responding is called the defendant and the process is called litigation. 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