Sixteen Defendants Have Pled Guilty to the Fraudulent Sale of Vending Machine Business Opportunities Fraud; Six Defendants Accused of Fraud Are Awaiting TrialVendstar (Multivend, LLC) (United States v. Edward Morris "Ned" Weaver, Lawrence A. Kaplan, Scott M. Doumas, Mark Benowitz, Richard R. Goldberg, Richard Linick, Paul E. Raia, Howard S. Strauss, Wallace W. Wally DiRenzo, and James P. Ellis, a/k/a Max Braddock, a/k/a Patrick Cosgrove, a/k/a Todd Parker," Theodore D. Heyman, Adam Abzug, Jeffrey T. Baird, a/k/a Jay Baird, Dennis Daniele, Jay A. Friedman, Steven Gralnick, a/k/a Robert Gralnick, Mark L. Harris, a/k/a Harris Marks, Iris Jumper; Michael C. Minotto, a/k/a Dean Minotto, Steven Rosenberg, Anthony Joseph Spinelli, and Barry Stern), Press Release On August 3, 2020, the United States filed a motion for a temporary restraining order pursuant to 18 U.S.C. Many victims received nothing; others received only a cheap piece of jewelry or a report listing unrelated sweepstakes. Docket Numbers: 13-CR-120; 13-CR-500; 13-CR-501 (E.D.N.Y.). 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). The complaint alleged that Neptune prepares, processes, packs, holds and distributes ready-to-eat smoked and salt-cured seafood including pickled herring, smoked steelhead trout, smoked halibut, smoked whitefish, smoked salmon and smoked mackerel. Arbor claims that it withdrew its drug due to safety concerns raised by FDA, but FDA disagreed, concluding that Arbors drug could still safely be marketed, provided that certain labeling changes were considered to prevent dosing errors. The Second Circuit previously affirmed the conviction and sentence of Ned Weaver, the manager of the scheme. On November 10, 2016, Kevin M. Marks pled guilty to conspiracy to commit wire fraud for fraudulently selling business opportunities. Va.). ); 2:14-CV-1156 (D.N.J. Several inspections of the firms facility between 2012 and 2014 revealed numerous violations of FDAs current good manufacturing practice regulations, including the failure to use equipment and utensils of appropriate design, construction and workmanship to enable them to be adequately cleaned and properly maintained. Docket Number: 5:17-CR-50020-KES (D.S.D/8th Circuit). Two Georgia Defendants Sentenced in Odometer Fraud ConspiracyUnited States v. Rojen Burnett and Amber McLaughlinPress Release The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars, and instructed victims to send a $20-$25 processing fee to claim their prize. District Court Issues Preliminary Injunction Against Federal Trade Commission Impersonators in Sweepstakes Scheme, United States v. John Doe 1, et al. Defendants in a civil case don't have the right to an . It includes description of. Va.). 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. United States v. Bencosme, et al. Ala.). In a complaint filed January 7, 2020, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act by processing and distributing fish products and other food, including salads, pierogis, and dips, in a facility where government inspectors previously found evidence of listeria contamination. Docket Number: 2:20-cr-00196 (D. Nev.). Some victims were threatened with negative marks on their credit reports, imprisonment, or deportation. 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. Four Defendants Charged in Indictment Unsealed in Clinical Trial Fraud Case. Elmer was convicted of conspiracy and nine counts of adulteration on April 10, 2019, following a jury trial trial. The governments complaint alleges that the pharmacies and pharmacists violated the Controlled Substances Act ("CSA") by filling numerous prescriptions for controlled substances outside the usual course of professional practice and in violation of the pharmacists corresponding responsibility to ensure that prescriptions were written for a legitimate medical purpose. A restitution order required the defendant to pay restitution of more than $3.8 million, and the court repeatedly ordered the defendant to sell his condominiums in Costa Rica and apply the funds to his restitution obligations. Mich.). Three Individuals Charged With Distribution of Unapproved DrugsUnited States v. Guy Lyman; United States v. Flor Nutraceuticals, LLC and Guy Lyman; United States v. James Hill; United States v. James Hill d/b/a Viruxo LLC; United States v. Clifford Woods; United States v. Clifford Woods LLC d/b/a Vibrant Life and Clifford Woods Press ReleaseDocket Numbers: 2:16-CR-0124 (E.D. Under the Federal Food, Drug, and Cosmetic Act, the failure to follow cGMP renders drugs manufactured under such conditions adulterated. Court Enters Permanent Injunction and Civil Penalty Against Utah Telemarketers United States v. Feature Films for Families, Inc., et al.Press Release On July 27, 2018, the District Court permanently enjoined three Chicago companiesGlobal Marketing Enterprises, Inc.; Lifeline Nutrients Corp., and Pronto Foods Companyalong with the companies owner, Eduardo Chua, and operations manager, Haidee Dawis, from violating the Federal Food, Drug, and Cosmetic Act. 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. 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. Docket Number: 6:20-cv-140 (E.D. On January 16, 2020, the court granted the governments motion to dismiss for lack of subject matter jurisdiction in a challenge to an FDA guidance document concerning the presence of Salmonella in food for animals. Indivior asserted in a motion to dismiss the indictment that the companys alleged encouragement of illegitimate prescribing does not constitute fraud. Laboratories pleaded guilty on February 25 to introduction of misbranded food into interstate commerce, and USPlabs pleaded guilty to conspiracy to introduce misbranded food into interstate commerce on March 5. Docket Number: 1:19-CV-02184 (D.D.C.). A company without a food facility registration cannot distribute any food products. 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. Peruvian Man Sentenced to 100 Months Imprisonment for Overseeing Call Centers that Threatened and Defrauded American Consumers United States v. Hidalgo Docket Number: 2:20-cv-279 (D. Utah). Epsilon further admitted that over the course of nearly a decade, the company knowingly sold 30 million American consumers data to clients engaged in fraud. Va.) Jesus Gutierrez Rojas, Alexandra Podesta Bengoa, and Virgilio Polo Davila pleaded guilty to extortion following their extradition from Peru in April. The defendants violations included placing over 99 million calls to phone numbers on the DNC Registry. Permanent Injunction Entered Against Seller of Dietary SupplementsUnited States v. Bethel Nutritional Consulting, Inc., Felix Eamirez, and Kariny Ramirez, Press ReleaseDocket Number: 2:15-CV-8046 (D.N.J.). United States v. Becker et al., The complaint alleges that the defendants ignored obvious signs of abuse or diversion when issuing and filling opioid prescriptions, and that drug toxicity played a role in the deaths of several individuals who received controlled substances from the defendants. Facebook Ordered to Pay $5 Billion Civil Penalty and Implement Enhanced Consumer Privacy Protections United States v. Facebook, Inc. Docket Number: 1:19-cv-2184 (D.D.C.) Press Release United States v. Luna, et al. Docket Number: 2:20-cr-00188 (C.D. The injunctions resolve two separate civil actions filed by the Department on June 21 at the request of the U.S. Consumer Product Safety Commission (CPSC). Both defendants were also sentenced to one year of supervised release following their imprisonment and a $5,000 fine. SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. On June 19, 2019, four individuals were charged in connection with an alleged scheme involving payments from victims of numerous international mass-mail fraud campaigns. Vendstar sales representatives with the knowledge and encouragement of Weaver and other managers misrepresented the businesses likely profits, how its past customers were doing, the availability of high-profit locations, and the services that locating companies would provide. 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. );2:16-CR-316 (D.N.J.) Under the terms of the DPA, Epsilon, a marketing company with principal sales operations based in Colorado, agreed to pay a total monetary penalty of $150 million, with $127.5 million of that amount going to compensate victims of the fraudulent schemes that used consumer data sold by Epsilon. United States v. WeCare Pharmacy, et al. Mass.). The United States alleged in an October 2017 complaint that inspections at a facility that Blanchet previously owned found numerous violations of the current Good Manufacturing Practice regulations, including failing to adequately control the risk of Listeria monocytogenes (L. mono) and Clostridium botulinum toxin formation in fish or fishery products. Many alleged victims were elderly or otherwise vulnerable. Following a hearing, the court entered an order allowing the government to seek liquidated damages for further violations and imposing other restrictions aimed at curtailing Kimuras participation in the schemes. Ga.). On October 29, 2019, Fredrick Brown, a former civilian contractor stationed at Yongsan Garrison, a US Army installation in South Korea, pleaded guilty to one count each of conspiracy to commit wire fraud and conspiracy to commit money laundering in connection with the same scheme. Weaver argued in his appeal that he was not guilty because Vendstar customers signed purchase agreements in which they disclaimed reliance on what sales representatives had said verbally. Sentencing for Geissler, Doyle, Patel, and S.K. Employee of Chinese Chemical Supplier Sentenced in Scheme to Sell Mislabeled Dietary Supplements United States v. ZhangPress Release La. Docket Number: 3:17-CR-546 (N.D. 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. See February 17, 2017 update on Felecia Lindo. 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. 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. As part of the scheme, the Galis used fictitious dealer names to purchase high-mileage vehicles, altered the odometers and vehicle titles, obtained clean Pennsylvania titles reflecting the false mileages, and sold the vehicles at auctions in Pennsylvania and New Jersey. Cal.) Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. The complaint alleged that the defendants failed to adequately investigate or take sufficient corrective action to correct the insanitary conditions. Some were relatively short lived and no longer exist, some were absorbed into other courts, while others still continue. Jonathan Doyle, the president of USPlabs, and Jacobo Geissler, the CEO of USP Labs, pleaded guilty to conspiracy to introduce misbranded food into interstate commerce. 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. Civil Cases A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Civil cases involve conflicts between people or institutions such as businesses, typically over money. On June 11, 2019, ACell, Inc., a Maryland-based medical device manufacturer, pleaded guilty to one misdemeanor count of failure and refusal to report a medical device removal to the Food and Drug Administration (FDA). Eleventh Circuit Affirms Sentence of Business Opportunity FraudsterUnited States v. Sirtaj Tosh Mathauda In fact, there are currently no legitimate COVID-19 vaccines in existence. A civil case is a dispute between two citizens in which one person sues another. The company voluntarily terminated production at the plant on Feb. 14, 2007, and recalled all peanut butter manufactured there since January 2004. Victims banks reversed only approximately half of these charges, and Long succeeded in stealing more than $11 million. From January 2013 through July 2013, Long created and deposited more than 750,000 remotely-created checks, totaling more than $22 million and drawn on the bank accounts of unwitting victims. Sixteen other defendants pled guilty. United States v. Confidence USA, Inc., et al. Civil Court Cases. Kimura would deposit some of those money orders into his own bank account and forward the rest to others participating in the scheme. 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. Thus, they are misbranded within the meaning of the Food, Drug, and Cosmetic Act (FDCA"). Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. Onochie Aghaegbuna; United States v. Jonathan WallDocket Number: 0:13-CR-273 (D. Minn.). United States Seeks Temporary Restraining Order Against Fraudulent Online Stores Purporting to Sell COVID-19 Health and Safety Products United States v. Thu Phan Dinh, et al. Air was pushed into the clean room through the HEPA filters. U.S. District Court Judge Robert Pitman has scheduled the sentencing hearing for Blue Bell Creameries for September 17, 2020. McLaughlin was a former customer service specialist at the Motor Vehicle Department of the Georgia Department of Revenue. United States v. Kimura, Case No. The complaint alleged that defendants had a history of processing food products under insanitary conditions. Press Release Contrary to these agreements, Turner sold the drugs to drug wholesalers at higher prices. 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. For other matters of interest, see: CLOSED CASES or ARCHIVED CASE SUMMARIES. The consent decree requires Neptune to cease all manufacturing operations and requires that, in order for defendants to resume distributing seafood products, the FDA first must determine that Neptunes manufacturing practices have come into compliance with the law. Tex.). Six Las Vegas-Area Defendants Charged in Elder Fraud Scheme Estate Planning. Smith also was ordered to pay $167,532.95 in restitution. Docket Number: 5:12-CR-0141 (N.D. Ga.). The criminal charge and civil complaint alleged that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono). As alleged in the information, Meds IV compounded various drugs for human use, including an intravenous drug known as Total Parenteral Nutrition (TPN). Virginia Sprout Producer Agrees to Consent Decree in Connection with Distribution of Adulterated FoodUnitedStates v. Henry's Farm Inc., and Soo C. Park, Press ReleaseDocket Number: 3:16-CV-0089 (E.D. According to the indictment, PacNet served as the middleman between banks and the fraudulent mailers aggregating the checks, cash, and credit card payments collected by its clients, depositing the payments into PacNet-controlled bank accounts, and then distributing the funds as directed by the clients. Two Defendants Plead Guilty to Identity Theft Scheme Targeting Servicemembers and VeteransUnited States v. Crawford, United States v. BrownPress Release - BrownPress Release - CrawfordDocket No. Press Release The consent decree subjects the defendants to heightened FDA oversight and requires them to cease all operations until the defendants implement a number of new record-keeping and operational protocols designed to ensure consumer safety. The indictment alleges that Adrianzen provided payment processing and shipping services for the call centers, knowing that they used fraudulent and extortionate means to extract money from victims. Rulings in a statutory law system are based primarily statutory laws. The court sentenced Bearden to five months imprisonment followed by three years of supervised release, the first five months of which will be home detention. Docket Numbers: 1:19-cr-20658 (S.D. 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. The company severed ties with Pedersen and agreed to cooperate in his prosecution. Fast Download speed and no annoying ads. The Court rescheduled all sentencing hearings in this matter to July and August 2020. According to the complaint filed in the case, the defendants manufactured and distributed adulterated dietary supplements not prepared in compliance with current good manufacturing practices. Justice Department and State Partners Secure Nearly $864 Million Settlement With Moodys Arising From Conduct in the Lead up to the Financial CrisisIn re: Moodys Investors Service Inc. 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. Martin Valdes, Fidalgis Font, Julio Lopez, and Duniel Tejedawith engaging in a scheme to fabricate clinical trial data for profit while working at Tellus Clinical Research, a Miami medical clinic. Court Enters Default Judgment and Permanent Injunction Against Remaining Two Defendants for Selling Miracle Coronavirus Bleach Cure United States v. Genesis II Church of Health and Healing Cyril Willson, who helped to formulate the companys products, and Mathew Hebert, one of the owners of USP Labs, pleaded guilty to introducing misbranded food into interstate commerce with the intent to defraud or mislead. L. mono can cause listeriosis, a disease that can be serious, and even fatal, for vulnerable groups such as newborns and those with impaired immune systems. In addition to pleading guilty to international money laundering and conspiracy charges linked to RX Limited, Leroux also pleaded guilty to trafficking methamphetamine, unlicensed exportation of goods and technology from the United States to a third country, computer hacking, and accessory-after-the-fact charges. Shaw pleaded guilty on March 22 to one count of mail fraud in connection with his role in the scheme. The permanent injunction extends a preliminary injunction that halted the scam and shut down two websites used to legitimize the scheme, www.fortune500sweepstakes.com and www.fraudprotectionagency.com. Case No. District Court Issues First-of-its-Kind TRO to Stop Tennessee Pharmacies and Pharmacists from Dispensing OpioidsUnited States v. Oakley Pharmacy, Inc. et al. The court set a sentencing date of August 3, 2021. Docket Number: 3:19-CV-1055 (N.D. Defendants named in the USP Labs matter pleaded guilty in 2019 to felony charges in connection with a scheme to fraudulently sell workout supplements. Sales representatives with the knowledge and encouragement of Vendstars CEO and other managers misrepresented the businesses likely profits, how its past customers were doing, the availability of high-profit locations, and the services that locating companies would provide. Affected customers interested in refunds can contact My Doctor Suggests LLC at (1-866- 660-9868) or refunds@mydoctorsuggests.com. and 3:15-CV-0371 (W.D.Wis.). Docket Number: 1:20-cr-123 (W.D. In a 2018 complaint, the United States alleged that the defendants distributed Zylast products in violation of the Federal Food, Drug, and Cosmetic Act. 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. Another co-conspirator, Omar Portocarrero Caceres, previously was sentenced to 46 months. 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. On May 25, 2016, the Department of Justice secured a civil jury verdict in Salt Lake City, Utah, against Utah-based telemarketing defendants Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III. Docket Number: 1:15-CR-0042 (D.D.C.). In pleading guilty, Bencosme admitted that she, as principal investigator at Unlimited Medical Research, fabricated the clinical trial by falsely representing in medical charts and other sources that subjects were participating in the trial when, in fact, they were not participating or taking the study medication, as required. California Man Indicted in Transnational Fraud and Extortion SchemeUnited States v. Adrianzen, Press Release Docket Number: 6:20-cv-140 (E.D. Texas Auto Dealer Plead Guilty in Automobile Fraud Scheme. 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. Ark.). U.S. Supreme Court Issues Landmark Civil Rights Decision. Runner was arrested in Spain, and extradition proceedings have been initiated in Spanish court. At a plant in North Carolina, Baxter manufactured large-volume sterile intravenous (IV) solutions in a clean room that had high-efficiency particulate absorption (HEPA) filters installed in the ceiling. On April 4, 2016, the district court issued an order of injunction to halt the distribution of adulterated cheeses. Courts handle two types of disputes: civil and criminal. Fla.); 5:16-CV-0577 (M.D. On September 15, 2020, the district court entered a consent decree of permanent injunction against Fortune Food Product, Inc., company president Steven Seeto, and supervisor Tiffany Jiang. MediNatura challenges FDAs withdrawal of an enforcement-discretion policy for homeopathic drugs and the agencys addition of MediNaturas products to an import alert. In a complaint filed in March 2019, the government alleged that the defendant uses telemarketers who, posing as computer technicians and often impersonating well-known technology companies, contact unsuspecting consumers and falsely inform them that their computers have serious problems; the telemarketers then falsely tell consumers that the problems are resolved and then demand payment on one or more occasions for purported technical-support services. Judge Chhabria also ruled that FDAs guidance pertaining to genetically engineered animals cannot be challenged because it does not have direct and appreciable legal consequences, and therefore does not constitute final agency action. Ed Jones/AFP/Getty . On December 14, 2015, the district court entered a Consent Decree of Permanent Injunction against Bethel Nutritional Consulting and its owners. 1:20-cr-20190(S.D. Both defendants pleaded guilty last year. He was arrested in Liberia and expelled to the United States in September 2012. One of the primary ingredients sold by Romeos companies was powder purportedly derived from a rare South African cactus called hoodia, which was claimed to have weight-loss properties. Rulings in a common law system rely heavily on prior decisions made in similar cases. 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. Docket Number: 2:14-cr-126 (E.D. Fla.). Top Regulatory Official at Medical Device Company Sentenced Nine counts of adulteration on April 10, 2019, following a jury trial trial distribution of cheeses... Cooperate in his prosecution imprisonment and a $ 5,000 fine Stop Tennessee Pharmacies and Pharmacists from Dispensing States... Counts of adulteration on April 4, 2016, Kevin M. Marks pled guilty to conspiracy to wire... 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