On March 1, 2016, David Romeo pleaded guilty to a an information charging mail fraud and introduction of misbranded food into interstate commerce with an intent to defraud or mislead, both in relation to a scheme in which he directed the sale of diluted and adulterated dietary ingredients and supplements sold by his three companies: Global Nutrients, Stella Labs, and Nutraceuticals International. For example in the summer of 2014, inspectors found that 19 lots of Downings drugs had tested positive for various microorganisms, including Staphylococcus haemolyticus, which can cause septicemia, peritonitis, and urinary tract infections, and Nocardia nova, which can cause pneumonia, sinusitis, and skin infections. Defendants refused in writing to cease their violative conduct even after receiving a warning letter from FDA and FTC advising that distribution of Miracle Mineral Solution violated the Federal Food, Drug, and Cosmetic Act. Press Release 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 February 27, 2017, Ronald D. Weir, Jr. pled guilty to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead in connection with an ongoing prosecution of individuals who sold QLasers. In pleading guilty, Weir admitted that he conspired with Robert Larry Lytle to sell the hand-held light-emitting devices to mostly elderly consumers as a purported treatment for more than 200 different diseases and disorders, including cancer, diabetes, and dementia. Sixteen other defendants pled guilty. However, according to a criminal Information filed Sept. 22, 2017, Aegerion failed to give health care providers complete and accurate information about HoFH and distributed Juxtapid as a general treatment for high cholesterol without adequate directions for such use. 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. Ala.). Yabe is scheduled to be sentenced on March 27. A lock ( 1345. The governments complaint alleges that the defendants illegally market their Zylast hand sanitizer products as unapproved new drugs intended to fight various specific pathogens, such as Ebola. 1:20-cv-02066 (D.D.C.). 20-CV-4218 (C.D. 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. On August 29, 2019, U.S. District Judge Roy K. Altman sentenced three residents of Lima, Peru in connection with a fraud and extortion scheme that targeted Spanish-speaking victims in the United States. Mich.). According to the complaints, the defendants and their affiliates have used their products on thousands of patients without obtaining necessary FDA approvals. According to an indictment returned in October 2017, Zhang 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. Pursuant to a plea agreement filed with the Information, the company admitted that it shipped the contaminated peanut butter and agreed to pay a criminal fine of $8 million and forfeit assets of $3.2 million the largest criminal fine ever paid in a federal food safety case. ), Defendant Pleads Guilty in Vending Machine Business Opportunity Case. 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). N.C.). Docket Number: 2:17-CV-0852 (D. Utah). Press Release Docket Number: 6:20-cv-140 (E.D. In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. 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. Cal.). On May 25, 2016, following eight days of trial, a jury found the defendants committed more than 117 million knowing violations of the TSR, including 99 million calls to phone numbers on the Do Not Call Registry, and more than four million additional calls in which they made misleading statements to induce DVD sales. In October 2020, the court denied MediNaturas first motion for preliminary injunction (which MediNatura appealed) and dismissed MediNaturas claims challenging FDAs addition of its products to the import alert. On August 25, 2017, the closing of the sale of defendants two condominiums in Costa Rica was finalized. 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. 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. If the defendants seek to resume preparing, manufacturing and distributing food, they must implement remedial measures set forth in the injunction, notify the FDA of the measures taken, and receive written notification from FDA that they appear to be in compliance with the remedial requirements set forth in the injunction and the statute. and United States v. Michael P. Tricaso, D.O.Press Release The cost to access a single document is capped at $3.00, the equivalent of 30 pagesfor documents and case-specific reports like docket report, creditor listing,andclaims register. The company voluntarily terminated production at the plant on Feb. 14, 2007, and recalled all peanut butter manufactured there since January 2004. In pleading guilty, Palso admitted to conspiring to defraud pharmacy benefit managers into paying for fraudulent prescriptions for topical pain creams, vitamins, and other products. United States v. Scilabs Nutraceuticals, Inc. and Paul P. Edalat, United States v. New York City Fish, Inc., Maxim Kutsyk, Pavel Roytkov, and Leonid Staroseletesky. The court previously entered a temporary restraining order against the defendants. As part of the fraud plea, Adrianzen admitted that he partnered with call centers in Peru that took money from vulnerable and elderly U.S. Spanish-speaking victims through lies and threats. On April 29, 2019, Caprice R. Bearden was sentenced in Indianapolis for her role in a conspiracy to defraud the U.S. Food and Drug Administration concerning the distribution of under- and over-potent compounded drugs. On June 5, 2017, the U.S. District Court for the Central District of Illinois ordered Dish Network, LLC to pay $280 million in civil penalties and damages to the United States and the states of California, Illinois, North Carolina, and Ohio in connection with more than 100 million illegal telemarketing calls. The $36 million global resolution relates to the medical device LC Bead, which is used to treat liver cancer. The complaint alleged that testing by the defendants revealed a type of listeria in the Vulto facility, but the defendants never attempted to identify the species of the bacteria or its source. An information filed the same date charged the company with two misdemeanor counts of adulterating food in violation of the Federal Food, Drug, and Cosmetic Act. Weir is set to be sentenced on May 12, 2017. Facebook Agrees to Pay $5 Billion and Implement New Protections of User Information in Settlement of Data-PrivacyClaimsUnited States v. Facebook, Inc. Press Release Web(a) Voluntary Dismissal. Defendant Found in Civil Contempt in Connection with Lottery Fraud Scheme. Victims lost at least $16.7 million to the fraudulent scheme. The defendant is presumed to be innocent until proven guilty beyond a reasonable doubt in a court of law. On May 27, 2020, U.S. District Court Judge Ronald A. (1) By the Plaintiff. Docket Number: 3:17-CR-546 (N.D. The temporary restraining order blocks the defendants from operating the alleged scam and shuts down hundreds of websites used by the defendants to carry out their scheme. On April 29, 2021, the Consumer Protection Branch filed a pre-settled complaint referred by the FTC against Utah-based Vivint Smart Home. 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. Step by Step Guide to Filing a Civil Action Pro Se | United States On December 7, 2016, Palmer pleaded guilty to one count of conspiracy to commit mail and wire fraud. NameCheap, Inc., the company that registered the fraudulent website on the defendants behalf, took down the site within hours of receiving the TRO entered by U.S. District Judge Robert Pitman. 1345) against Michael Travalino to stop him from marketing herbal remedies as purported treatments for COVID-19 and other serious medical conditions. The court denied plaintiffs two other motions for a preliminary injunction and dismissed MediNaturas claims challenging FDAs addition of its products to the import alert. This rule provides that the first step in an action is the filing of the complaint. United States v. WeCare Pharmacy, et al. 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 Statement of Facts also addresses Moodys failure to adhere to its own published standards when rating RMBS and CDOs. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. WebPhone Access to Court Records Filing Electronically Find court specific information to help you file a case electronically and developer resources. 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. View Complaint. 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. On March 28, 2016, the district court granted the United States motion for summary judgment against defendants Scottys Inc. and its co-owner and manager Sandra J. Jackson, sellers of adulterated ready-to-eat sandwiches. In 2015, drugs manufactured by the pharmacy were potentially linked to a 2015 outbreak of Staphylococcus aureus infections in Rhode Island. 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. WebThese are the typical stages of a federal lawsuit: The Plaintiff files a COMPLAINT, setting out the facts and legal theories on which the case is based. On June 1, 2020, U.S. District Judge David Counts issued a temporary restraining order under the anti-fraud injunction statute (18 U.S.C. How to File a Federal Lawsuit (with Pictures) - wikiHow Life On June 24, 2019, Michael Carey Eubank pleaded guilty in the Eastern District of Virginia to one count of conspiracy to commit odometer tampering. 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. Docket Number: 1:17-CV-0236 (S.D. In January 2014, Tahir Saeed also entered guilty pleas to several counts of the indictment, and was sentenced in October 2016 to time served. 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. On March 28, 2018, the district court entered a consent decree of permanent injunction against Riddhi USA, Inc., and its owner and president, Mohd M. Alam, permanently enjoining the defendants from manufacturing and distributing dietary supplements that are adulterated and misbranded under the Food, Drug, and Cosmetic Act. In a criminal information previously filed in the District of Nevada, the United States charged FKOL with violating the Federal Food, Drug and Cosmetic Act by concealing and destroying records prior to a 2013 FDA plant inspection in Kalyani, India. On May 8, 2019, the court sentenced Matthew Dailey to 24 months in prison for the illegal importation and sale of kratom, which he sold to consumers as a purported treatment for various serious diseases and medical conditions, including opiate withdrawal symptoms. 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 federal Food, Drug, and Cosmetic Act. Ga.), District Court Rules for Government in Action Against Cheese Manufacturer, Docket Number: 2:14-CV-13077 (E.D. The callers threatened victims with negative credit scores, imprisonment, deportation, or seized property if they refused to immediately pay settlement fees. Guerra and two co-defendants were arrested in Peru and extradited in 2019. The temporary restraining order proposed by the United States would block the defendants from operating the alleged scam and shut down hundreds of websites used by the defendants to carry out their scheme. Sentencing for Geissler, Doyle, Patel, and S.K. Based on the evidence presented, the court found probable cause to conclude that Defendant Elagoon Business Solutions PVT Ltd., d/b/a Computer Phone Assist was, prior to filing of the Complaint, violating and, unless a preliminary injunction is entered, will continue to violate the federal wire fraud statute, 18 U.S.C. On August 8, 2018, the District Court permanently enjoined Patrick Fraser, Christopher Fraser, and Ubuki Kanehira, three members of an alleged Canada-based mass-mailing scheme. The relevant lots of that particular gel were seized in a seizure lawsuit the United States filed in 2012; the company is actively contesting that lawsuit. 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. The complaint also alleged that the defendants distributed unapproved new drugs that they claimed could be used to treat such medical conditions as cancer, heart disease, HIV and AIDS. 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. Share sensitive information only on official, secure websites. United States v. Assad, et al., The complaints allege that that in some cases, adverse events that harmed patients occurred after treatment with the SVF products, and that recent FDA inspections showed that the defendants products are not manufactured, processed, packed, or held in conformance with current good manufacturing practice (CGMP). The complaint alleges that the companys products are manufactured under conditions that are insanitary and inadequate to ensure the safety of its products. 1345 against Elagoon Business Solutions Pvt Ltd., an India-based company. 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. Robinson also was ordered to pay $320,797.82 in restitution to the victims of the scheme. WebHOW TO BEGIN A LAWSUIT GOVERNING LAW Proceedings for a civil action commenced in federal district court (or removed to federal court from state court) are governed by the Docket Number: 2:14-CV-6791 (E.D.N.Y.). The indictment charges Indivior with mail, wire, and health care fraud conspiracy and substantive counts. Docket Number: 8:18-CV-996 (C.D. The callers claimed to be attorneys or government representatives and falsely told victims that they had failed to pay for or receive a delivery of products. In order for the defendants to resume food production, the FDA first must determine that their manufacturing practices have come into compliance with the law. PACER allows anyone with an On October 8, 2019, Angel Armando Adrianzen was charged with conspiracy to commit mail fraud and wire fraud, five counts of wire fraud, five counts of mail fraud, and four counts of extortion in connection with an alleged scheme operated by a transnational criminal organization. Dec. 1, 2020 . The consent decree entered by the court requires the defendants to implement specific remedial measures to comply with the law and obtain written approval from the FDA before distributing such drugs in the future. The total $19.35 million in fine, forfeiture, and civil settlement payments constitutes the second largest-ever amount paid in resolution of a food-safety matter. As part of the permanent injunction, the district court ordered equitable disgorgement with refunds to consumers to be administered by a court-appointed special master. In its motion, Arbor argued that generic approvals were imminent and would result in the company losing millions of dollars in revenue. 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. and United States v. Global Voicecom, Inc., et al. MediNatura recently filed a second motion for preliminary injunction pending appeal, claiming that it was likely to succeed on the merits of the dismissed import alert claims due to changed circumstances. On May 9, 2018, the United States filed complaints against two clinics that purport to manufacture stromal vascular fraction (SVF) products from patient adipose (fat) tissue, which the companies then market as stem cell-based treatments for a host of serious conditions and diseases, including cancer, spinal cord injuries, Parkinsons disease, pulmonary disease, arthritis, stroke, ALS, and multiple sclerosis. As the trial began, his lawyer called her lawsuit a plan to make her famous. The purpose of this site is to provide information about locating and filing cases in the federal courts. Court Orders Dish Network to Pay $280 million for Illegal Telemarketing CallsUnited States v. Dish Network, LLC Press Release 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. In a 2018 complaint, the United States alleged that the defendants distributed Zylast products in violation of the Federal Food, Drug, and Cosmetic Act. As part of the consent decree, the defendants must cease processing and distributing the products at issue unless and until they comply with specific remedial measures set forth in the injunction. The complaint filed in the case alleges that Art Masters LLC, which does business as Palm Beach Liquidation Gallery, and its principal, Eugene Marotta, of Fort Lauderdale, Florida, and William Clutter, doing business as Edge Graphics of North Las Vegas, Nevada, committed mail fraud in connection with their scheme. Long previously operated as a third-party payment processor, creating and depositing checks on behalf of numerous merchants. Blue Bells former president, Paul Kruse, was charged in connection with his role in covering up from customers what the company knew about the contaminated ice cream. Until December 2014, RB Groups wholly owned subsidiary, Indivior Inc. (then known as Reckitt Benckiser Pharmaceuticals Inc.) marketed and sold Suboxone throughout the United States. Docket Number: 4:20-cv-46 (W.D. 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. Over 97% of federal lawsuits are dismissed, most of which are due to Employee of Chinese Chemical Supplier Pleads Guilty in Scheme to Sell Mislabeled Dietary Supplements United States v. XuPress Release ), Docket Number: 3:12-CR-922 (D.P.R. The court found that each of the defendants had violated the FDCA in the past, and that the court had scant assurance that defendants would comply with food safety laws going forward. Web(a) Voluntary Dismissal. Basnight also was ordered to pay approximately $400,000 in victim restitution. The victim did not win a lottery prize and did not collect any winnings. WebTo begin your lawsuit, you must file a complaint, civil cover sheet, disclosure of corporate affiliations (financial disclosure statement), notice of self-representation, and summons. Docket Number: 1:15-cr-20471 (S.D. The CDC eventually identified more than 700 cases of salmonellosis linked to the outbreak with illness onset dates beginning in August 2006. Mass.). The former Elle magazine advice columnist alleges that Trump raped her in a luxury department store dressing room in the mid-1990s. 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 The evidence at trial demonstrated that Facteau and Fabian sought to quickly develop and market products, including the Stratus, to create a projected revenue stream that would make Acclarent an attractive business for either an initial public offering or acquisition. In filings unsealed on February 9, 2021, Indian drug manufacturer Fresenius Kabi Oncology Limited (FKOL) agreed to plead guilty to concealing and destroying records prior to a 2013 FDA plant inspection in Kalyani, India. Owner of Texas Sport Supplement Company Ordered to Forfeit $3.5 Million for Unlawful Distribution of Steroid-like Drugs. The charges allege that the defendants defrauded more than 1 million victims of over $180 million dollars by sending letters purporting to be from world-renowned psychics and promising assistance in achieving wealth and happiness in return for a fee. Docket Number: 2:16-CR-0262 (D. Nev.). 331(d) and 333(a)(2). ); 2:15-CV-8889 (C.D. Docket Number: 1:19-cr-16 (W.D.V.A.). 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. The complaint alleges that such drug claims appear on the defendants primary website and the website of one of the companys primary distributors. Juxtapid was approved to treat patients with homozygous familial hypercholesterolemia (HoFH), a rare genetic disorder that causes abnormally high levels of LDL-C, or bad cholesterol. Henh Wong Fresh Produce was a mung bean and soy food manufacturer in Sacramento, California that sells such products as tofu, bean cakes, and soy bean drinks to various distributors after receiving raw ingredients from as far as Kentucky and Minnesota.

Audio Delay Test File, Club Level Seats Pnc Arena, Which Best Describes Nullification Quizlet, Articles F