Press ReleaseDocket Number: 2:14-CV-4395 (E.D.N.Y.). 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. Ltd., Aurora Jouffroy-Brandtner, Chantal Seguy, Marion Elchlepp, Macromark, Inc., Mary Ellen Meyer, Mail Order Solutions India Pvt. 1001. Defendant Sentenced in Prescription Drug Diversion SchemeUnited States v. Karen Turner Press Release Two Peruvian Men Plead Guilty in Call Center Extortion Scheme District Court Issues Temporary Restraining Order Blocking Multi-Million Dollar Elder Fraud Schemes United States v. Kafeiti et al. Eleventh Circuit Affirms Sentence of Business Opportunity FraudsterUnited States v. Sirtaj Tosh Mathauda 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. WebHome For Litigants Civil Case Flowchart Hover your cursor over the rectangles on the flowchart to learn more about the steps involved in a civil case. 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. Mich.). Docket Number: 0:18-CV-61047 (S.D. On Dec. 4, 2017, the Ninth Circuit Court of Appeals affirmed the district courts denial of Dr. W. Scott Harkonens coram nobis petition seeking to overturn his fraud conviction for ineffective assistance of counsel at trial. As part of his plea, Dailey agreed to forfeit $1,000,000 in illegal proceeds. FDA also discovered the presence of L. mono at the facility, including samples taken from food contact surfaces and a sample of finished sprout product collected in May 2012. The government alleged in a February complaint that Navigator Marketing Ltd., a Canadian company, and Rockport Promotional Marketing, LLC, a Delaware registered corporation, and the corporations principals, Alexander Quaglia, Rychard McKeown, and Brent Nishiguchi, all of British Columbia, Canada, operated an international fraud scheme that mailed solicitations informing recipients that they would receive large sums of money after payment of a small fee. Defendant Sentenced in Connection with Lottery Scam Based in JamaicaUnited States v. Shashana Stacyann Smith Press Release British Man Indicted for Large-Scale Wire Fraud and Identity Theft SchemeUnited States v. Gareth David Long, Press Release The United States alleged in a complaint filed January 26, 2021, that WeCare Pharmacy, its pharmacist owner Qingping Zhang, pharmacy technician Li Yang, and another related corporate entity, L&Y Holdings LLC, repeatedly dispensed opioids in violation of the Controlled Substances Act. E. Jean Carroll says former President Donald J. Trump attacked her in a department store. Cal.). The complaint alleged that ABH and Islam manufactured and distributed dietary supplements under conditions that failed to comply with current good manufacturing practice regulations. Court Orders West Texas Man to Stop Selling Purported COVID-19 Treatments, United States v. Michael Marc Travalino a/k/a Marc White Eagle Dailey pleaded guilty on January 8, 2019 to one count of introducing misbranded drugs into interstate commerce and one count of importing merchandise contrary to law. The defendants agreed to be bound by a consent decree under which they must take remedial steps and secure FDA approval before resuming the manufacture or distribution of dietary supplements. Docket Number: 3:17-CR-546 (N.D. On April 29, 2021, the Consumer Protection Branch filed a pre-settled complaint referred by the FTC against Utah-based Vivint Smart Home. If your case is based on a federal law, you can sue in federal court. (respectively). On September 15, 2017, Shashana Stacyann Smith was sentenced to serve 24 months in prison related to her role in a fraudulent lottery scheme based in Jamaica. Consent Decree Filed in Enforcement Action Against New Jersey Drug Manufacturer and Owner United States v. Acino Products, LLC, and Ravi Deshpande The callers claimed that victims owed thousands of dollars in fines, and threatened victims with supposed court proceedings, negative marks on credit reports, imprisonment, and deportation. On May 22, 2019, the district court entered a consent decree of permanent injunction requiring a multi-state outsourcing compounding pharmacy and two of its executives to comply with provisions of the Food, Drug, and Cosmetic Act (FDCA) while manufacturing, holding, and distributing drugs. On March 23, 2021, Indian drug manufacturer Fresenius Kabi Oncology Limited (FKOL) pleaded guilty and was sentenced by U.S. District Judge Jennifer A. Dorsey to pay a $30 million criminal fine and criminal forfeiture of an additional $20 million. Armistead received $7,500 in cash from a victim in Maryland and deposited most of that money into accounts of a co-coconspirator. Wash.). In December 2014, FDA inspected Henrys Farms manufacturing facility and found numerous insanitary conditions, including: standing water in the sprout production room; sprout debris at various places along the packaging line and floor; and dead insects on packing material and a seed storage area. 1:21-cr-20106 (S.D. 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. Woman Pleads Guilty to Conspiracy to Commit Money Laundering in Connection with International Lottery SchemeUnited States v. Samaiyah ArmisteadPress Release Press release Cal.). Docket Numbers: 1:19-cr-20658 (S.D. In pleading guilty, Lledo admitted that while working for a clinical trial company in Miami called Unlimited Medical Research, she helped to fabricate data for a clinical trial designed to test the efficacy of two asthma treatments in a pediatric population by falsely representing that subjects were participating in the trial when, in fact, they were not participating or taking the study medication as required. District Court Enters Consent Decree Against Dietary Supplement ManufacturerUnited States v. Sunset Natural Products Inc., et al. 2:21-cr-35(E.D.N.Y.). Carrolls civil lawsuit was the first of Trumps current legal troubles to make it to trial, with opening The consent decree of permanent injunction was entered by U.S. District Court Judge Richard G. Andrews on Jan. 26. United States v. Assad, et al., Victims were instructed to send small processing fees typically $20 or $25 to claim the prizes. 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. In pleading guilty, Shaw admitted that from September 2013 through August 2015, he participated in a scheme to defraud victims throughout the United States. OxyElite Pro was recalled in 2013 after being linked by the Food and Drug Administration to a deadly outbreak of serious liver injuries. Va.). Facebook paid the $5 billion penalty on April 29, 2020. 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. (criminal case)Docket Number: 1:16-CV-0032(D. Among other violations of federal law, the defendants made claims about many of their products that rendered the products drugs under the Food, Drug, and Cosmetic Act. The Court also ordered Dallal to forfeit $250,000 in ill-gotten gains. On May 10, 2017, pharmacist Titilayo Akinyoyenu was sentenced to 36 months of probation and ordered to pay a $250,000 criminal fine for his role in a conspiracy to ship pharmaceuticals that were misbranded because they lacked valid prescriptions. Summons and Complaint -- When the United States Attorney decides a federal civil law has been violated, a civil litigator, known as an Assistant U.S. Attorney, files a Summons and Complaint in U.S. District Court and has a copy of the documents served on the alleged offender, who is called the defendant. 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. In order to gain the trust of the victim and induce him to continue to make payments, Allen traveled from Jamaica to the United States and falsely portrayed herself to the victim as an FBI agent, provided him with a cellphone, and directed him to speak with the person on the line, who was her co-conspirator in Jamaica. The district court found that Spectrum and its former subsidiary, Applica Consumer Products Inc., violated the Consumer Product Safety Act by waiting years to inform the Consumer Product Safety Commission (CPSC) of customer reports that handles on Black & Decker-brand coffee carafes suddenly could break and create a burn hazard from hot coffee. The $36 million global resolution relates to the medical device LC Bead, which is used to treat liver cancer. Prior to the filing of the complaint, Oshiro shuttered his business and agreed to a consent judgment wherein he will be required to obtain FDA approval before re-opening. Victims of the scheme received telephone calls about substantial lottery prizes they supposedly had won. Both defendants were charged in a 14-count indictment alleging a five-year identity theft scheme that targeted servicemembers and veterans. U.S. District Judge Louis Guirola Jr. sentenced Oscar M. Baine, 42, to 36 months incarceration and ordered him to pay $619,200 in restitution. Complaint Filed Against California Hand Sanitizer Company Marketing Unapproved New Drugs United States v. Innovative BioDefense, Inc. et al. On August 3, 2020, the United States filed a motion for a temporary restraining order pursuant to 18 U.S.C. Docket Number: 3:17-CR-546 (N.D. 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. Defendant Sentenced for Conspiring to Defraud the FDA and for Distribution of Over- and Under-Potent Compounded DrugsUnited States v. Paul Elmer and Caprice BeardenPress Release On October 21, 2019, the District Court permanently enjoined two additional defendants in connection with three prize promotion schemes that primarily impacted elderly or vulnerable victims. Court Enters Preliminary Injunction in Case Involving Silver Products Touted as a COVID-19 Treatment, United States v. Xephyr LLC, et al. Start a report (1) By the Plaintiff. The complaint alleges that when consumers asked the defendants not to call them again, their requests were often ignored. California Hand Sanitizer Distributor Ordered to Stop Marketing Unapproved New Drugs, United States v. Innovative Biodefense, et al.Press Release The court denied Arbors motion, holding that it could not conclude that Arbor would most likely prevail in the litigation and expressing skepticism regarding Arbors claim of irreparable harm. The former president says the claim is a lie. Court Enters Permanent Injunction and Civil Penalty Against Utah Telemarketers United States v. Feature Films for Families, Inc., et al.Press Release Tex.). 4. The defendants included the alleged direct mailers who organized the scheme, mailing list managers, cagers who opened and processed victim returns, and payment processors. Share sensitive information only on official, secure websites. Fla.). The Court also found no reversible error related to the district courts loss calculations at sentencing, and ruled against the defendants on various evidentiary claims and other arguments. The government alleged that Bencosme and the other defendants 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. Two Georgia Defendants Sentenced in Odometer Fraud ConspiracyUnited States v. Rojen Burnett and Amber McLaughlinPress Release Medical Doctor Pleads Guilty in Clinical Trial Fraud Scheme. ); 2:12-CV-2264 (D.N.J. Docket Number: 2:11-CV-0419 (D. Utah). The permanent injunction entered by the court enjoins the defendants from making various claims in any advertisements, solicitations, or promotional materials sent through the mail, including a ban on any advertisements on behalf of any actual or fictional individual or entity purporting to offer psychic, clairvoyant or astrological items or services for a fee. The civil resolution has been entered in the Western District of Texas, where a whistleblower qui tam complaint had been filed. In addition to seeking injunctive and civil monetary penalty relief for violations of the CSA, the complaint also contains allegations under the False Claims Act for falsely billing Medicare for illegally dispensed controlled substance prescriptions. In addition, the company produced fish products under insanitary conditions based on its failure to comply with Current Good Manufacturing Practices. Young and Barka sent fraudulent prize notification letters to victims in the United States and numerous other countries. Mathauda also appealed the courts 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. As part of his plea agreement, Romeo admitted the fraud loss caused by the scheme was between $7 million and $20 million. Long was charged with multiple counts of wire fraud, aggravated identity theft, and money laundering for a scheme that victimized hundreds of thousands of account holders throughout the United States. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. As alleged in the information, between March 5 and 15, 2011, nine patients at various Birmingham-area hospitals who developed bloodstream infections caused by S. marcescens died, and several other hospital patients developed S. marcescens bloodstream infections but survived. 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. 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. United States Seeks Preliminary Injunction Against Arkansas Compounding PharmacyUnited States v. Cantrell Drug Co. et al.Press Release 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. 1:20-cr-49 (W.D. The defendants, Guy Lyman of New Orleans, Louisiana, and James Hill of Ocala, Florida, each sold products that they marketed as treatments for herpes. In fact, the victim did not win the lottery and never received any winnings. The decree against Lyman was filed on July 12, 2016, and is subject to court approval. In his capacity as a sales representative, Marks also falsely told potential buyers that he and his family operated a profitable candy vending machine route. 18-cr-20506 (S.D. Two additional defendants remain in Peru pending extradition. U.S. District Court Judge Robert Pitman has scheduled the sentencing hearing for Blue Bell Creameries for September 17, 2020. In February 2007, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) announced that an ongoing outbreak of salmonellosis cases in the United States could be traced directly to peanut butter produced at the companys plant in Sylvester, Georgia. In pleading guilty, Brown admitted that he exploited his position as an electronic health records administrator to steal the personal identifying information of thousands of servicemembers and veterans, and then sold the data to co-conspirators based in the Philippines and the United States. United States v. Vivint Smart Home, Inc., Case No. 1345 against three Vietnamese defendants, Thu Phan Dinh, Tran Khan, and Nguyen Duy Toan. Linick was one of six defendants convicted at trial in 2015 of committing wire fraud and conspiracy while working for Multivend, LLC, d/b/a/ Vendstar, a Long Island, New York, company that closed in 2010. The indictment alleges Indivior employees encouraged the misuse of Suboxone through relationships with doctors engaged in illegitimate prescribing, and that they made fraudulent claims about the safety and diversion of the drug. Docket Number: 1:20-cv-493 (W.D. Docket Number: 1:19-cv-2184 (D.D.C.). The orders enjoin the defendants from distributing or dispensing any controlled substances defined as opiates and opioids under the Controlled Substances Act (CSA), and from altering, deleting, destroying, mutilating, or transferring any records related to their controlled substance prescriptions or related treatment. WebFederal case files are maintained electronically and are available through the internet-based Public Access to Court Electronic Records (PACER) service. On June 25, 2020, the court entered a consent order permanently enjoining Utah company My Doctor Suggests LLC under 18 U.S.C. HICKEY v. ASTRAZENECA PHARMACEUTICALS LP et al. The defendants made misrepresentations about profits, operating their own vending routes, locations, and ongoing customer support to induce the victims to buy what was advertised as a complete business package, but turned out to be essentially worthless. Victims who paid the fees received either nothing, a cheap piece of jewelry, or a report listing unrelated sweepstakes. 1345 against three John Doe defendants connected to a fraudulent sweepstakes scam. Westfall v. Irwin, 484 U.S. 292, 297-298 (1988). The United States alleged in a complaint filed January 26 that WeCare Pharmacy, its pharmacist owner Qingping Zhang, pharmacy technician Li Yang, and another related corporate entity, L&Y Holdings LLC, repeatedly dispensed opioids in violation of the Controlled Substances Act. Carrolls civil case has taken a winding road to trial. 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. On January 28, 2021, U.S. District Judge Edward R. Korman granted the governments 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. The Ninth Circuit rejected Harkonens 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. Employee of Chinese Chemical Supplier Sentenced in Scheme to Sell Mislabeled Dietary SupplementsUnited States v. GaoPress Release 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. Smith was also ordered to pay $724,408.79 in restitution. Two months after B. Braun started selling syringes manufactured at the new AM2PAT facility, B. Braun recalled all of the syringes because the radiation sterilization process caused dangerous white particles to develop in the saline inside the syringes. As part of the settlement, PharMedium may not manufacture, hold, or distribute its drugs from its Tennessee facility unless PharMedium complies with specific remedial measures set forth in the consent decree. 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. According to the indictment, the aegeline-containing product was associated with a 2013 outbreak of severe liver injuries before being pulled from the market. Md.). The issue of corrective statements to appear at retail locations where cigarettes are sold is being litigated on a separate track before the district court. Determine your causes of action. 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 The government alleged that the companys fish products were adulterated pursuant to the Food, Drug, and Cosmetic Act. As charged in the information, amino acid used in compounding the TPN was adulterated in that it was contaminated with Serratia marcescens (S. marcescens) and was prepared, packed, or held under insanitary conditions. Docket Number: 3:18-CV-331 (N.D.N.Y.). Victims received telephone calls informing them that they had won more than one million dollars in a lottery, but that they needed to pay advance fees to claim their winnings. In June 2020, the court permanently enjoined Kimura from participating in prize promotion fraud or acting as a money transfer business. United States v. Confidence USA, Inc., et al., For HTML-formatted information, a billable page is calculated using a formula based on the number of bytes extracted (4,320 bytes = 1 billable page). );1:14-CR-10 (S.D. Following a jury trial in the Southern District of Florida, Mathauda was sentenced to 200 months imprisonment. Many alleged victims were elderly or otherwise vulnerable. 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. The decision was the culmination of eight years of litigation and a five-week trial arising out of an investigation by the Federal Trade Commission into Dishs violations of the FTCs Telemarketing Sales Rule. 3 minutes ago ALBUQUERQUE, N.M. (AP) Three former womens basketball players at Eastern New Mexico University have filed a federal civil rights lawsuit claiming their coach coerced them to undergo treatments that amounted to sexual assault by her volunteer trainer husband. District Court Permanently Enjoins 15 Individuals and Companies in Elder Fraud Mail Scheme 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. These defendants ran a mail fraud scheme in which victims received letters from alleged world-renowned psychics, offering purportedly personalized psychic predictions and services for a fee. According to the complaint, United States residents received fraudulent direct mail solicitations that falsely claimed that the recipients had won, or would soon win, cash or valuable prizes or otherwise come into great fortune. The company makes gels that hospitals and other caregivers use to take ultrasound scans. Victims never received the promised winnings. Local Rules of Court. 2254 and $455.002 for On July 9, 2018, the district court entered a consent decree of permanent injunction against Todd and Patty Meech Dairy Farm, and its owners, Todd Meech and Patty Meech, permanently enjoining the defendants from distributing meat that is adulterated under the Food, Drug, and Cosmetic Act.
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