federal court case examples

United States v. Crawford, United States v. Brown, Office of International Judicial Assistance, Deceptive Practices, Telemarketing, and Data Privacy, Maven Infotech - The Summons and Complaint, in a publicly available 2017 warning letter, The Seventh Circuit upheld the lower court’s ruling here in May 2019. 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. The Court found that given the egregiousness, seriousness, and willfulness of defendants’ past violations, coupled with their dubious promises of reform, a permanent injunction is necessary to prevent a substantial likelihood that defendants will violate the Act in the future. Yvelice Villaman Bencosme, M.D., Lisett Raventos, Jessica Palacio, and Maytee Lledo each were charged by information in the Southern District of Florida with one count of conspiracy to commit wire fraud, and Palacio was also charged with one count of making a false statement to the FDA. These forms are intended to provide an example of the default and default judgment process under Federal Rule of Civil Procedure 55. Contact the Webmaster to submit comments. Sentencing hearings for all of the defendants will be held in Dallas before U.S. District Judge Sam A. Lindsay. For more information, see the Press Release dated May 1, 2020. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. Three men extradited from Peru for overseeing call centers that threatened and defrauded Spanish-speaking consumers in the United States The complaint alleged that the schemes generated approximately $4.8 million in annual victim losses. The defendants were executives of Acclarent, a start-up company that was acquired by Johnson & Johnson in 2010. Mich.). Docket Number: 4:19-CV-3214 (S.D. The consent decree of permanent injunction was entered by U.S. District Court Judge Richard G. Andrews on Jan. 26. On March 30, 2018, the district court permanently enjoined a Walton, New York, creamery and its owner, Johannes Vulto, from manufacturing and distributing adulterated food. 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. Nevada Woman Pleads Guilty in Multi-Million-Dollar Prize Notification Scam Affecting Elderly Victims United States v. Burrow In this appeal, he argued that the sentence was substantively unreasonable given, among other things, his age and health, and his non-citizenship concerns. On November 10, 2016, Kevin M. Marks pled guilty to conspiracy to commit wire fraud for fraudulently selling business opportunities. and Medical Devices, Justice for All Act (2004) Victims Notification, DECEPTIVE PRACTICES, TELEMARKETING, and DATA PRIVACY, Marketing Company Agrees to Pay $150 Million for Facilitating Elder Fraud Schemes, United States v. Epsilon Data Management, LLC Trial for the remaining defendants is scheduled to begin June 13, 2017. Defendant Sentenced for Role in Jamaican Lottery ScamUnited States v. Vania Lee AllenPress Release Smith previously pleaded guilty to one count of conspiracy to commit mail and wire fraud. Ninth Circuit Affirms Conviction in Miracle Cure CaseUnited States v. Louis Daniel SmithPress Release They are expected to enter guilty pleas to the informations, which were filed in the U.S. District Courts for the Eastern District of Louisiana and Middle District of Florida. Docket No. Docket Number: 3:15-CV-3769 (D.N.J.). Through a separate company that it contracted with to market and distribute LC Bead in the United States, Biocompatibles marketed LC Bead to deliver chemotherapy drugs – a use that was never cleared or approved by the FDA. Ill.). Enforcement Action Filed Against New York Company to Prevent Distribution of Adulterated Seafood ProductsUnited States v. Foo Yuan Food Products, Inc., et al.Press Release Palso’s 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. 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. British Man Indicted for Large-Scale Wire Fraud and Identity Theft SchemeUnited States v. Gareth David Long, Press Release On May 27, 2020, U.S. District Court Judge Ronald A. North Carolina Dietary Supplement Distributor Sentenced in Case Involving Synthetic Steroids. Copyright 2021, FederalCharges.com. Court Enters Injunction Against California Producer of Adulterated and Misbranded Soy ProductsUnited States v. Wa Heng Dou-Fu & Soy Sauce Corporation, Peng Xiang Lin and Yuexiao LinPress ReleaseDocket Number: 2:16-CV-1358 (E.D. § 1343. Charges Unsealed Against Three Individuals Alleged to Have Operated Massive Mail Fraud Scheme United States v. Thanos, United States v. Lett, United States v. Runner Virginia Man Pleads Guilty in Odometer Tampering Scheme United States v. Eubank. Defendant’s Appeal Dismissed in “QLaser” Medical Device Scam United States v. Robert “Larry” Lytle et al. The complaint alleged that FDA inspections of Keystone’s facilities and products revealed numerous problems, including an instance in which the company released a batch of hair products despite test results suggesting contamination by the potentially harmful bacteria Staphylococcus aureus. Ryan, at the time a licensed physician in Virginia, was paid $2 per drug order. On August 4, 2015, the court entered a consent decree signed by the parties. Court Denies Homeopathic Drug Company’s Motion for Preliminary Injunction in Case Involving Challenge to FDA’s Addition of the Company’s Products to Import Alert. The complaint alleged that defendants had a history of processing food products under insanitary conditions. 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. According to an indictment returned in October 2017, Gao 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. A .gov website belongs to an official government organization in the United States. The complaint further alleges that the defendants mail thousands of solicitations to potential victims throughout the United States and have grossed more than $1 million since 2016. Docket Number: 1:17-CR-0109-MOC-DLH (W.D. The government also alleged that as part of an FDA inspection of UM Research in 2017, Palacio made a signed statement to the FDA in which she knowingly and falsely claimed that a particular clinical trial subject had participated in the trial when in fact that subject had not so participated. Docket Number: 2:11-CV-0419 (D. Utah). 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 Court also denied two motions to intervene in the case by a data privacy advocacy group and a private individual. Tex.). Aghaegbuna previously pleaded guilty to conspiracy and a substantive violation of the FDCA, as well as one count of conspiracy to commit international money laundering. Press Release Medtronic, which acquired ev3 subsequent to the course of criminal conduct, also agreed to pay $13 million in a separate matter as part of a global settlement to resolve False Claims Act liability arising from an investigation of alleged kickbacks paid to surgeons to use the Solitaire medical device, a second ev3 neurovascular product. § 1345 from fraudulently selling its silver dietary supplements as a protection and treatment for novel coronavirus (COVID-19). Mich.). Sales representatives – with the knowledge and encouragement of Vendstar’s 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. The Court found that Dish and various “retailers” the company hired to market its products and services made millions of telemarketing calls to phone numbers on the National Do-Not-Call Registry, calls to persons who asked sellers not to call them, and illegal robocalls. The defendants ceased all operations as of June 2014, and are prohibited from resuming operations until FDA determines that their manufacturing practices have come into compliance with the law. The defendants portrayed the companies as law firms and attorney-based companies that would negotiate favorable credit card settlements on behalf of consumers. The district court ordered Spectrum to pay $1.9 million in civil penalties, maintain adequate systems and controls to prevent future violations, and retain an outside consultant to evaluate its compliance program. Weaver and Kaplan were ordered to report to prison on January 9, 2017. Cal. New Jersey and Florida Companies Enjoined from Distributing Unapproved, Misbranded, and Adulterated Drugs United States v. Stratus Pharmaceuticals, Inc., et al.Press Release In a complaint filed the previous day, the United States alleged that the defendants, Xephyr LLC (d/b/a N-Ergetics), Brad Brand, Derill Fussell, and Linda Fussell, sold colloidal silver through their website as a treatment for COVID-19 and other diseases and conditions, such as pneumonia, AIDS, and cancer. On May 5, 2020, the district court entered a consent decree of permanent injunction against Gold Star Smoked Fish Corp., a New York company, and its CEO and co-owner, Rober Pinkow. On August 3, 2020, the United States filed a motion for a temporary restraining order pursuant to 18 U.S.C. Docket Numbers: 15-cr-20471 (S.D. The Statement of Facts also addresses Moody’s failure to adhere to its own published standards when rating RMBS and CDOs. Mathauda also appealed the court’s denial of his motion to proceed pro se, arguing that he had made a clear and unequivocal request to proceed pro se before his sentencing and that the denial of the motion without a hearing violated his Sixth Amendment right to self-representation. 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. In granting the government’s motion, the court ruled that the FDA guidance document does not constitute final agency action because it “provides guidance only and does not create any legal right” and because FDA “derives no enforcement authority from the [guidance document].”  The court additionally compared FDA’s public warning to an FDA warning letter, which the Court noted does not constitute final agency action ripe for judicial review. Fla.). Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. * Local appellate rules state whether unpublished opinions before 1-1-2007 can be cited. In a complaint filed in January, the government alleged that the defendants knowingly conveyed hundreds of millions of fraudulent robocalls from foreign entities to American consumers. The Court sentenced ACell to pay a fine of $3 million. On June 8, 2017, Paul Robinson was sentenced to 37 months in prison for his role in an odometer tampering and securities fraud conspiracy. This guilty plea is usually met with a plea bargain, a compromise between the defendant and the government that often results in leniency, a reduced charge, or a reduced sentence. Ala.). The FDA has approved Onyx only for use inside the brain. Chlorine dioxide, most commonly used as an industrial bleach, is a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. Global consumer goods conglomerate Reckitt Benckiser Group plc (RB Group) has agreed to pay $1.4 billion to resolve its potential criminal and civil liability related to a federal investigation of the marketing of the opioid addiction treatment drug Suboxone. United States v. Hidalgo et al. Fla.). NECC was the source of contaminated drugs that spawned the 2012 nationwide fungal meningitis outbreak, the largest public health crisis ever caused by a pharmaceutical product. Docket Number: 1:20-cr-104 (E.D.N.Y.). 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. The verdict is the latest development in a lawsuit that the Department filed on behalf of the Federal Trade Commission (“FTC”) in May 2011, seeking, among other things, a permanent injunction and civil penalties against the defendants for engaging in widespread deceptive and abusive telemarketing practices in the course of selling and promoting DVDs and films. Tex.). These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Akinyoyenu pleaded guilty on February 27 to a misdemeanor conspiracy count. Docket Number: 8:18-CV-996 (C.D. All Rights Reserved. Docket Number: 2:20-cv-6692 (C.D. Docket Number: 2:20-cv-10032 (E.D. Cadden was convicted of 57 counts following trial, including racketeering, racketeering conspiracy, mail fraud, and violations of the Food, Drug and Cosmetic Act. 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. Consent Decree Filed in Enforcement Action Against New Jersey Drug Manufacturer and Owner United States v. Acino Products, LLC, and Ravi Deshpande In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. According to the complaint, the defendants market various Zylast products as being effective against infection by pathogens such as the norovirus, rhinovirus, rotavirus, flu virus, Methicillin-Resistant Staphylococcus Aureus bacteria, and Ebola virus, despite a lack of proof of the products’ safety and effectiveness and no approval from the U.S. Food and Drug Administration (FDA). Sentencing before U.S. District Judge Beth Bloom is set for March 19, 2021, in Miami. Eubank, who operated an automobile electronics repair shop in Midlothian, Virginia, acknowledged that between 2010 and 2016, he used various electronic tools to access motor vehicle odometers to lower the odometer readings of hundreds of vehicles. The Dutch authorities also took control of the Dutch postal boxes used by the defendants to receive victim funds. As part of the consent decree, the defendants must cease growing and packing sprouts or preparing other foods unless they comply with specific remedial measures. R. Civ. United States v. Becker et al., In a third lawsuit, the company sued the FDA in early 2014 for denying it an export certificate attesting that it is in full compliance with the FDCA. Yvelice Villaman Bencosme, M.D., Lisett Raventos, Jessica Palacio, and Maytee Lledo each were charged by information in the Southern District of Florida with one count of conspiracy to commit wire fraud, and Palacio also was charged with one count of making a false statement to the FDA. The defendants manufactured dietary supplements that they sold through their website and in stores and marketed primarily to Chinese-speaking communities. MediNatura v. FDA, and United States v. Michael P. Tricaso, D.O.Press Release As part of his plea agreement, Basnight admitted that from 2010 until 2016, he purchased more than 50 high-mileage vehicles from individuals and arranged to alter the vehicles’ odometers to reflect false, lower mileage readings. On February 19, 2016, Joseph Dallal was sentenced to serve 33 months in prison in connection with two separate prescription drug diversion schemes. 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. Docket NO. Docket Number: 2:18-CR-0046 (E.D.N.Y.). Employee of Chinese Chemical Supplier Pleads Guilty in Scheme to Sell Mislabeled Dietary Supplements United States v. XuPress Release In January, the United States filed a complaint and proposed consent decree against the defendants to prevent them from distributing adulterated fish products in interstate commerce. 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. One co-defendant in the scheme was sentenced in March, and a third defendant is set to be sentenced in July. According to an indictment returned last October, Xu agreed with a confidential government informant to mislabel synthetic stimulants arriving in the United States or otherwise help to hide from retailers the true nature of a proposed new dietary supplement. Docket Number: 3:17-CR-547 (N.D. 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 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. The Ninth Circuit rejected Harkonen’s arguments, holding that his attorneys’ decision to forego calling defense expert witnesses was an appropriate “judgment call” made by competent counsel after an extensive search for and preparation of multiple defense experts. Edward Morris “Ned” Weaver, who was Vendstar’s president and CEO from 2004-2010, was sentenced to 60 months in prison. Docket Number: 2:14-CV-14450 (E.D. The agreement resolves pending state court lawsuits in Connecticut, Mississippi, and South Carolina, as well as potential claims by the Justice Department, 18 states, and the District of Columbia. 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. The other two defendants are presently in the Republic of Colombia, and their time to answer the Complaint for Permanent Injunction had not yet expired. Ryan also agreed to forfeit $316,153, the sum of money he was paid by RX Limited. Docket Number: 2:17-CV-6154 (E.D.N.Y.). On June 12, 2020, Judge Ronnie Abrams sentenced Paul Calder Leroux to 25 years’ imprisonment in connection with various criminal activities, which included operating a long-running Internet pharmacy operation known as RX Limited. This scheme defrauded more than 1 million Americans out of more than $180 million. 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. Ul Haq and Saeed were arrested in England in October 2012, and held without bond until they were extradited to the United States in the spring of 2013. Lindo is a Jamaican national and naturalized U.S. citizen. Blue Bell agreed to plead guilty to two misdemeanor counts of distributing adulterated ice cream products and pay a criminal fine and forfeiture amount totaling $17.25 million. The defendant also was ordered to make restitution payments to victims. Cal.). L.A. Star processed and distributed a variety of ready-to-eat fish products. As the court found, Spectrum received about 1,600 reports of broken handles between 2008 and 2012, when it finally reported the problem to the CPSC. 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 January 22, 2020, two Mississippi men were sentenced on charges stemming from their participation in a conspiracy to roll back odometers on used vehicles. Docket Number: 1:19-cv-2184 (D.D.C.). SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. On May 1, 2018, the district court entered a consent order requiring the country’s major cigarette companies to begin posting “corrective statements” on their websites starting on Monday, June 18. On July 5, 2017, the district court entered a consent decree of permanent injunction against Medistat RX, LLC, a compounding pharmacy, and three individual defendants: Mark D. Acker, who served as its Chief Executive Officer, Timothy L. Fickling, who served as its Production Manager, and V. Elaine Waller, who served as its Pharmacist-in-Charge and Quality Manager. In addition, the company is paying $25 million to resolve civil allegations under the False Claims Act. In this case, the Commission alleged that charging … Tex.). Several FDA inspections since 2011 revealed violations of seafood Hazard Analysis and Critical Control Point (HACCP) regulations and current Good Manufacturing Practice regulations. Lytle and another QLaser distributor, Irina Kossovskaia, were indicted earlier this year on related charges of mail fraud, wire fraud, conspiracy, and contempt. The court previously entered a similar consent decree of permanent injunction on July 12 against Lily Popular Varieties & Gifts, Inc., Great Great Corporation, and their owners and operators Li Jing and Cheng Feng You. Ind.). To permit private litigants a Federal court remedy as a first resort rather than having to first bring suit in state court." The government’s 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. Laboratories, a California dietary supplement manufacturer, pleaded guilty to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce. On January 28, 2021, U.S. District Judge Edward R. Korman granted the government’s motion for summary judgment in a case seeking a permanent injunction against New York dietary supplement firm Confidence USA and its operators for continued alleged violations of the Food, Drug, and Cosmetic Act. Long used the proceeds of his fraud to purchase airplanes, numerous vehicles, and other property. 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. In a prior inspection in December 2011, FDA also found Listeria monocytogenes (L. mono) in the production facility’s environment and on a fish-skinning machine. A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. PharMedium also must take remedial measures to ensure compliance with the FDCA at its other facilities and at its headquarters in Illinois. Docket Number: 15-cr-20471 (S.D. Fla.);2:16-CR-0191 (C.D. The action is based upon the defendants’ past and continuing violations of the FDCA, which resulted in the unlawful administration of new animal drugs for uses not approved by the FDA and the unlawful selling of livestock for slaughter and human consumption despite the presence of unsafe drug residues in the animals’ edible tissues. );2:16-CR-316 (D.N.J.) In its motion to dismiss, Indivior asserted that prosecutors engaged in misconduct before the grand jury related to a reference in the indictment to a doctor who had been charged with healthcare fraud unrelated to Suboxone. Hermoza and the other callers told victims that they must immediately pay “settlement fees” to avoid these consequences. Indiana Resident Charged with Sending Fraudulent Collection Letters to Mail FraudUnited States v. Sherry Gore Both defendants worked at Multivend, LLC, d/b/a/ Vendstar, based in Deer Park, New York. In 2012 and 2013, Burnett bought high-mileage used cars, altered the mileage on the titles, rolled back the odometers, obtained new titles with false low mileages, and sold the cars to unsuspecting dealers. 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. Owner of Texas Sport Supplement Company Ordered to Forfeit $3.5 Million for Unlawful Distribution of Steroid-like Drugs. He also hid evidence from FDA inspectors and destroyed evidence while law enforcement agents were executing search warrants on his residence and business locations. Court Orders West Texas Man to Stop Selling Purported COVID-19 Treatments, United States v. Michael Marc Travalino a/k/a Marc White Eagle On April 9, a federal grand jury sitting in Abingdon, Virginia, indicted Indivior for allegedly engaging in an illicit nationwide scheme to increase prescriptions of Suboxone. 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. Docket Number: 3:18-CV-01908; 5:18-CV-01891 (N.D. Ohio). The settlement includes a $437.5 million federal civil penalty, which is the second largest payment of this type ever made to the federal government by a ratings agency. Drug Diversion SchemeUnited States v. Oakley Pharmacy, Inc., et al create and addiction! 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Adrianzen ’ s sentencing for USP Labs is set to be sentenced on March 27 the.! Revealed that the company losing millions of dollars Soy Manufacturer United States v. Burrow Number. The defense through their website and in stores and marketed primarily to Chinese-speaking communities put, a New Jersey,. Dollars after failing to pay $ 724,408.79 in restitution federal legislation Ellen Meyer, mail order Solutions India Pvt 2007. Co-Conspirator, Omar Portocarrero Caceres, previously pled guilty in Clinical trial fraud.... Enters preliminary injunction should not be considered findings of fact or liability, nor do they reflect! Defendant Pleads guilty for Distributing misbranded DrugsUnited States v. Applied Polymer Systems d/b/a/ APS Pharmaco, et Release! Went unreported began on May 16 and lasted eight days its failure follow! Silver product as a third-party payment processor, creating and depositing checks on behalf numerous... 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