civil law cases

)(related to United States v. Indivior Inc. et al., Docket Number: 19-CR-16 (W.D. 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. 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 Enters Permanent Injunction Against Illinois Caviar Supplier United States v. Mary ParrishPress Release The courts order followed an eight-day bench trial that concluded in March. Court Enters Permanent Injunction Against New York Creamery Linked to Deadly Listeria OutbreakUnited States v. Vulto Creamery et al.Press Release In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction that prohibits them from committing violations of the Food, Drug, and Cosmetic Act. Docket Number: 1:18-CV-04689-ENV-CLP (E.D.N.Y.). In a complaint filed in April, the United States alleged that inspections at Sonar and Stratus revealed violations of current good manufacturing practices that demonstrated a lack of quality oversight of the manufacturing, processing, and testing of drugs such that, if they continued, posed a threat to the public health. Press Release A hearing for the defendants to show cause why a preliminary injunction should not issue is scheduled for April 24, 2018. The resolution also includes a civil settlement with the federal government, including a payment of approximately $2.158 million, to resolve allegations that Baxter submitted false claims to the Department of Veterans Affairs in violation of the False Claims Act. Specifically, the complaint alleged that multiple FDA inspections revealed that the defendants compounded sterile drugs under insanitary conditions. Sunset Natural Products was a dietary supplement manufacturer and distributor in Miami, Florida that, in addition to manufacturing its own products, also acted as a contract repacker/relabeler of previously encapsulated dietary supplements. Fla.). 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 Fla.). See February 17, 2017 update on Felecia Lindo. The victim did not win a lottery prize and did not collect any winnings. 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. The company voluntarily terminated production at the plant on Feb. 14, 2007, and recalled all peanut butter manufactured there since January 2004. Eleventh Circuit Affirms Sentence of Business Opportunity FraudsterUnited States v. Sirtaj Tosh Mathauda Long used the proceeds of his fraud to purchase airplanes, numerous vehicles, and other property. Civil law covers conflicts between two parties including individuals and businesses. The action is the first brought against a firm for violating safety standards under the Produce Safety Rule enacted under the Food Safety Modernization Act of 2011. Ramirez (2021)? On January 8, 2021, Dr. Yvelice Villaman Bencosme pleaded guilty to conspiracy to commit wire fraud in connection with an alleged clinical trial fraud scheme at a Miami clinical research company, Unlimited Medical Research. Two Defendants Plead Guilty to Identity Theft Scheme Targeting Servicemembers and VeteransUnited States v. Crawford, United States v. BrownPress Release - BrownPress Release - CrawfordDocket No. Lytle argued on appeal, inter alia, that his plea was obtained by coercion, that he was not competent to plead guilty, and that his counsel was ineffective. Fla.). Florida Company Enjoined from Distributing Misbranded and Adulterated Medicated FeedsUnited States v. Syfrett Feed Company, Inc., et al.Press Release La. This action stems from a series of FDA inspections of APS manufacturing facility beginning in 2012, which revealed, among other things, that APS failed to perform identity tests or examinations for certain dietary ingredients before using them in their products. Arnold v. On December 4, 2019, a Dallas grand jury indicted Christopher Reyes on charges related to the importation of counterfeit THC vaping products from Chinese manufacturers. Internet Pharmacy Operator Sentenced to 25 Years Imprisonment for Wide-Ranging Criminal Enterprise, United States v. Leroux (S.D.N.Y.) 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. Many of the drugs sold by the defendants were generic drugs that were unapproved for sale in the United States; others were Schedule III steroids or drugs used by steroid users, such as clenbuterol. 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. The complaint alleged that the defendants were not complying with the FDAs current good manufacturing practice regulations and were, accordingly, misbranding the dietary supplements they manufacture and sell. Eliza Anderson, Deseret News. 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. The callers falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment, or immigration consequences if they did not immediately pay for the purportedly deliveries and settlement fees. Many victims provided payments as a result of these baseless threats. United States v. Diaz They were told to pay thousands of dollars to Smith and others in order to collect their winnings. Docket Number: 3:18-CV-01908; 5:18-CV-01891 (N.D. Ohio). 4:21-cv-00437-RLW (E.D. 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. 18-1785 (7th Cir.) The injunction permanently enjoins the defendants from distributing misbranded and adulterated medicated animal feed in violation of the Food, Drug, and Cosmetic Act, and requires the defendants to cease manufacturing medicated animal feed until they take certain remedial actions. Docket Number: 2:18-CV-2656 (W.D. The indictment alleged that the defendants misrepresented the nature and origin of the active ingredients in their products. Cal.). Roos distributed several varieties of ready-to-eat cheese, including ricotta, queso fresco and fresh cheese curd and sold and distributed its products to wholesale customers in Maryland, New Jersey, Virginia and Washington D.C. 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. Tex.). The consent decrees require the defendants to stop importing, selling, or distributing toys and other childrens products until they implement product safety and testing programs that will bring their operations into compliance with the law. The fine represents Akinyoyenus pecuniary gain from the crime. This is the first enforcement action under the CCPA. Podesta and Polo admitted that they managed and supervised call centers for the scheme. 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. ); 2:15-CV-8889 (C.D. a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to the plaintiff and that the defendant's breach of duty caused financial or personal injury to the plaintiff. Docket No. 1343. In January 2014, Ul Haq entered guilty pleas to all 48 counts of the indictment, which charged him with conspiracy to import and distribute Schedule II, III, and IV controlled substances, conspiracy to defraud the United States and its agencies and introduce into interstate commerce misbranded drugs, conspiracy to commit international money laundering, and numerous substantive offenses of the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act. Burnetts co-defendant, Amber McLaughlin, was sentenced to serve 12 months in prison and pay $176,725 in restitution. McLaughlin helped Burnett commit odometer fraud by fraudulently issuing new Georgia titles with false low mileages in exchange for cash. 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. Supreme Court opinions are browsable by year and U.S. Reports volume number, and are searchable by party name, case title, citation, full text and docket number. The indictment alleges that Indivior obtained billions of dollars in revenue from Suboxone Film prescriptions by deceiving health care providers and health care benefit programs into believing that Suboxone Film was safer, less divertible, and less abusable than other opioid-addiction treatment drugs. Fla.). He was arrested in Liberia and expelled to the United States in September 2012. Armistead received $7,500 in cash from a victim in Maryland and deposited most of that money into accounts of a co-coconspirator. Cal.). According to the complaint, the defendants marketed their products as being effective against infection by pathogens such as norovirus, rhinovirus, rotavirus, the flu virus, Methicillin-Resistant Staphylococcus Aureus bacteria and Ebola, despite a lack of proof regarding the products safety and effectiveness for such uses. A civil lawsuit is a legal process by which a person or entity can hold another person or entity liable for some wrong, injury, or damage. 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. Smith also was ordered to pay $167,532.95 in restitution. );2:16-CR-316 (D.N.J. Mo.). The settlement includes significant commitments by Moodys to improve its business practices, including: separation of Moodys commercial and credit rating functions; independent review and approval of changes to rating methodologies; changes to ensure that key personnel are not compensated on the basis of the companys financial performance; enhancing Moodys oversight over its press releases and methodology development; and certifications of compliance by the President/CEO of Moodys with these commitments for at least five years. My Doctor Suggests is also subject to a civil consent order that requires the company to stop fraudulently labeling its products and to issue full refunds to affected consumers. 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. On February 17, 2021, U.S. District Judge James P. Jones sentenced Brian Parks, the former owner of North Carolina sports supplement company MedFitRX, to 12 months and one day in federal prison. Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. Three of Palacios co-conspirators already have pleaded guilty and been sentenced, including clinical investigator Dr. Yvelice Villaman Bencosme, who was sentenced to 63 months imprisonment, Lisett Raventos, a study coordinator and co-owner of Unlimited Medical Research, who was sentenced to 30 months imprisonment, and Maytee Lledo, a former employee of Dr. Bencosmes, who was sentenced to 14 months imprisonment. In fact, there are currently no legitimate COVID-19 vaccines in existence. On March 24, 2020, U.S. District Judge Robert N. Scola sentenced Rodolfo Hermoza to serve 88 months imprisonment in connection with his supervision of call centers in Peru that threatened American consumers into paying fraudulent settlements for nonexistent debts. As a result of a previous court order, the statements currently are running on television five times per week, and previously ran as full-page ads in about fifty newspapers across the country. 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 Another co-conspirator, Omar Portocarrero Caceres, previously was sentenced to 46 months. On May 1, 2020, U.S. District Judge Kathleen M. Williams issued a preliminary injunction against the Genesis II Church of Health and Healing, along with individuals Mark Grenon, Joseph Grenon, Jordan Grenon, and Jonathan Grenon. On October 30, 2020, Lisett Raventos of Miami, Florida, pleaded guilty to one count of conspiracy to commit wire fraud in connection with an alleged clinical trial fraud scheme at a Miami clinical research company, Unlimited Medical Research. Two Georgia Defendants Sentenced in Odometer Fraud ConspiracyUnited States v. Rojen Burnett and Amber McLaughlinPress Release 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 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. Cal.). On Feb. 20, 2018, the district court issued a temporary restraining order pursuant to 18 U.S.C. 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. Mich.). Docket Number: 1:20-cv-2016 (E.D.N.Y.). 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. Consent Decree Filed in Enforcement Action Against New Jersey Drug Manufacturer and Owner United States v. Acino Products, LLC, and Ravi Deshpande On February 5, 2021, Maytee Lledo pleaded guilty to conspiracy to commit wire fraud in connection with an scheme to falsify clinical trial data. View more updates. He also hid evidence from FDA inspectors and destroyed evidence while law enforcement agents were executing search warrants on his residence and business locations. These solicitations, mailed from locations around the globe, purport to be personalized to each individual recipient, despite the fact that they are form letters mailed to hundreds of thousands of potential victims. A civil case is a dispute between two citizens in which one person sues another. Weir is set to be sentenced on May 12, 2017. 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. On August 31, 2020, four individuals were charged in connection with an alleged clinical trial fraud scheme involving Miami company Unlimited Medical Research. The defendants agreed to settle the case and to be bound by a permanent injunction that requires Wa Heng to cease all food preparation, manufacturing and distribution. The injunction prohibits the defendants, who run a non-religious church, from distributing Miracle Mineral Solution, an industrial bleach product the defendants touted as a cure for COVID-19. Lindo is a Jamaican national and naturalized U.S. citizen. The Court previously enforced an identical waiver in dismissing the appeal of one of Lytles co-defendants. 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. 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. 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. Evidence at trial showed Cadden directed and authorized the shipping of contaminated MPA that caused the outbreak.Cadden also authorized the shipping of other drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, compounded drugs with expired ingredients, and employed an unlicensed pharmacy technician. Docket No. Judges have latitude when it comes to how they write their opinions and some run with it. Pa.). For more information about this case and any further updates, please see this page. The court set a sentencing date of August 3, 2021. Case Class: According to a signed plea agreement, from approximately September 2019 to November 2019, Reyes intentionally and unlawfully imported counterfeit THC vaping materials from China. Peruvian Man Sentenced to 88 Months of Imprisonment for Overseeing Call Centers that Threatened and Defrauded Spanish-Speaking U.S. Consumers, United States v. Rodolfo Hermoza Under the order, the defendants would need to notify FDA and take remedial steps before processing various types of food. Some victims were threatened with negative marks on their credit reports, imprisonment, or deportation. 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. The complaint also alleged that the company failed to manufacture its medicated feeds in conformity with current good manufacturing practices. 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.). TRO Shutters Website in First Enforcement Action Against COVID-19 Fraud, United States v. Doe 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 On March 31, 2014, the U.S. District Court for the Eastern District of New York entered an injunction against New York City Fish, Inc., a manufacturer of ready-to-eat fishery products, including smoked salmon and mackerel, and three of its employees: Maxim Kutsyk, Pavel Roytkov, and Leonid Staroseletesky. After numerous warnings in 2013, 2014 and 2015, NAE has still failed to take adequate steps to improve its manufacturing practices of its ready-to-eat refried beans and sauces. Docket Number: 1:17-CV-0033-MSK-MJW (D. Colo.). This litigation arose following eight years of FDA inspections which found that the defendants continually violated the agencys Current Good Manufacturing Practice (CGMP) regulations in their sandwich production. Chipotle Mexican Grill to Pay $25 Million Fine for Food Safety Violations, United States v. Chipotle Mexican Grill, Inc.Press release On December 19, 2019, Judge Chhabria of the Northern District of California granted the governments motion for judgment on the pleadings (and denied Plaintiffs motion for judgment as a matter of law) as to three claims in a challenge by several environmental and food safety advocacy groups to FDAs approval of a genetically engineered salmon that will be sold as food, and FDAs guidance pertaining to such approvals. Docket Number: 2:20-cv-6692 (C.D. Court Orders Non-Religious Florida Church to Stop Selling Unlawful Bleach Product as Coronavirus Treatment. Vartanian previously pled guilty to one count of conspiracy to commit mail and wire fraud for his role as a salesman at Nelson Gamble & Associates and Jackson Hunter Morris & Knight LLP, companies that offered to settle credit card debts but instead took victims payments as undisclosed up-front fees. 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. The defendants agreed to be bound by a consent decree of permanent injunction filed with a complaint in November 2019. Epsilon also agreed to implement significant compliance measures designed to safeguard consumers data. SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. On Nov. 21, 2017, the district court entered consent decrees against defendants BDK Mailing GmbH, Mailing Force Pte, Ltd., Only Three Pte. Chlorine dioxide, most commonly used as an industrial bleach, is a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. 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. The Court also ordered Dallal to forfeit $250,000 in ill-gotten gains. See latest for Edward Morris "Ned" Weaver or learn more. The order, part of the United States long-running racketeering lawsuit against the cigarette companies, also requires them to attach the same statements to cigarette packages for two weeks at a time, for a total of twelve weeks over two years. As part of his guilty plea, Guerra admitted that he and others in Peru called victims in the United States claiming to be attorneys or government representatives. Prescription Drugs Some victims lost thousands of dollars. Sitesh Patel, the vice president of S.K. The governments complaint, filed February 10, alleges that the companys fish products were manufactured under conditions that were inadequate to ensure their safety. Effects of testosterone and other anabolic steroids gain from the crime he was arrested in Liberia and expelled the! Centers for the scheme in Liberia and expelled to the United States v. Leroux ( S.D.N.Y. ) ( to. 25 Years Imprisonment for Wide-Ranging Criminal Enterprise, United States in September 2012 case is a national... Of a co-coconspirator Feb. 14, 2007, and recalled all peanut manufactured. Sarms are synthetic chemicals designed to safeguard consumers data which one person sues another Enjoined from Misbranded! 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