Docket Number: 2:19-cv-00324 (W.D. 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 FDCA. );2:16-CR-316 (D.N.J. On July 31, 2015, the United States filed a complaint against three dietary supplement makers, Atrium Inc., Aspen Group Inc., Nutri-Pak of Wisconsin Inc., and the owners of the three firms, James F. Sommers and Roberta A. Sommers, based on violations of the Federal Food, Drug, and Cosmetic Act. Both men pleaded guilty in March 2016 to two misdemeanor violations of the Federal Food, Drug and Cosmetic Act (FDCA). 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. Fla.) The defendants violated the Food, Drug, and Cosmetic Act by causing food that is held for sale after shipment of one or more of its components in interstate commerce to become adulterated and misbranded. Official websites use .gov United States v. WeCare Pharmacy, et al. Find out when PACER is free, tips to limit fees, or options to access records if you cannot afford PACER fees. The indictment charges Palacio with conspiracy to commit wire fraud, in violation of 18 U.S.C. 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. PCA president Stewart Parnell, sales manager Michael Parnell, and quality assurance director Mary Wilkerson all were convicted in September 2014 and sentenced to 336 months, 240 months, and 60 months of imprisonment, respectively. Laboratories is set for Aug. 12, 2019. On August 14, 2018, Xu Jia Bao (a/k/a Fred Xu) pleaded guilty to wire fraud in connection with a scheme to sell mislabeled dietary supplements containing hidden synthetic stimulants. In a complaint filed on March 14, the United States alleged that the Florida company sold sexual enhancement and weight loss products in violation of the Federal 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. On May 18, 2016, drug and medical device company B. Braun Medical Inc. (B. Braun) agreed to pay $4.8 million in penalties and forfeiture and up to $3 million in restitution to resolve its criminal liability for selling contaminated B. Braun pre-filled saline flush syringes in 2007. Clients made monthly payments expecting the money to go toward settlements. 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. In 2013, Long began to simply charge the bank accounts of consumers whose personal and financial information he had acquired during his time as a payment processor, as well as others whose information he purchased in the form of lead lists. Docket Number: 0:19-cv-60570 (S.D. 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. In addition, S.K. The injunction permanently enjoins the defendants from distributing unapproved, misbranded, and adulterated drugs in violation of the Food, Drug, and Cosmetic Act. The general rule at common law was that in order for a government official to be protected by absolute immunity for common law torts, not only did the official have to be acting within the outer perimeter of his/her official duties, but the conduct at issue also had to be discretionary in nature. On March 4, 2021, U.S. District Judge William Ray denied Plaintiff Arbor Pharmaceuticals, LLCs motion for a temporary restraining order against the government. On July 5, 2016, the district court entered a consent decree of permanent injunction against BEK Catering, LLC d/b/a Floppers Foods, LLC, and its co-owners Billy D. Stembridge, Jr. and Kyle Huxen, to stop them from violating the Food, Drug, and Cosmetic Act (FDCA). His conduct in this case violated the injunction. As set out in the Departments complaint, which was filed concurrently with the proposed joint Consent Decree on March 10, the defendants manufactured and distributed dietary supplement products as drugs that could help treat or prevent a host of serious conditions, including heart disease, diabetes, depression, hypertension, osteoporosis, and liver and kidney disorders. 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. 1345 against three John Doe defendants connected to a fraudulent sweepstakes scam. Sentencing for Willson and Hebert is set for Aug. 22, 2019. A jury was selected Tuesday in E. Jean Carrolls rape lawsuit in a New York federal court. Over 97% of federal lawsuits are dismissed, most of which are due to Docket Number: 15-14400 (11th Cir.). In a civil lawsuit, Carroll alleges Trump raped her in a Manhattan department store in the 1990s. On August 4, 2017, the district court entered a consent decree of permanent injunction against Isomeric Pharmacy Solutions, LLC and company principals William O. Richardson, Rachael S. Cruz and Jeffery D. Brown. On March 14, 2017, the United States District Court for the District of Colorado entered a joint Consent Decree of Permanent Injunction against EonNutra LLC, two related companies, CDSM LLC and HABW LLC, and their owner, Michael Floren, to prevent the defendants sale and distribution of adulterated and misbranded dietary supplements and unapproved and misbranded drugs in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). Following a jury trial in the Southern District of Florida, Mathauda was sentenced to 200 months imprisonment. As the trial began, his lawyer called her lawsuit a plan to make her famous. 1345 against two Scottsdale, Arizona-based voice-over-internet-protocol (VoIP) carriers, Ecommerce National LLC d/b/a TollFreeDeals.com and SIP Retail d/b/a sipretail.com, and their owner/operators Nicholas and Natasha Palumbo. According to an indictment returned by a Miami grand jury, the defendants supervised call centers in Peru that placed calls to Spanish-speaking consumers across the United States. On April 23, 2020, Judge Timothy Kelly of the U.S. District Court for the District of Columbia granted the United States motion to enter a stipulated order against Facebook, Inc. MMS is a mixture of water and sodium chlorite, an industrial chemical used as a pesticide, for fracking and for wastewater treatment. PharMedium also must take remedial measures to ensure compliance with the FDCA at its other facilities and at its headquarters in Illinois. 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. The court previously entered a temporary restraining order against the defendants. The named defendants include direct mailers, printers, a cager, and a data manager who created and maintained lead lists. This charge applies to the number of pages that results from any search, including a search that yields no matches(a charge of $0.10, one page,for no matches). Press Release Three men extradited from Peru for overseeing call centers that threatened and defrauded Spanish-speaking consumers in the United States Defendant Sentenced in Connection with Lottery Scam Based in JamaicaUnited States v. Shashana Stacyann Smith Press Release District Court Rules for Government in Action Against Cheese Manufacturer United States v. S. Serra Cheese Co., Fina Serra, and Stefano Serra, Press ReleaseDocket Number: 2:14-CV-13077 (E.D. The former president says the claim is a lie. 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. Court Enters Permanent Injunction and Civil Penalty Against Utah Telemarketers United States v. Feature Films for Families, Inc., et al.Press Release 4:21-cv-00437-RLW (E.D. According to the complaint, FDA inspections of the Cantrell facility documented evidence of insanitary conditions and significant deviations from current good manufacturing practice requirements, including records showing the company detected potentially dangerous bacteria in the air and on surfaces used for sterile processing. On Feb. 13, 2018, Ryan Young pleaded guilty to one count of conspiracy to commit mail fraud for his role in a large-scale international mail fraud scheme that brought in $50 million from victims between 2011 and 2016. Both defendants worked at Multivend, LLC, d/b/a/ Vendstar, based in Deer Park, New York. Dallal procured the drugs from multiple illegal and unlicensed sources and sold them to co-conspirators without the required pedigree document stating where Dallal had purchased the drugs. La. WebCM/ECF (Case Management/Electronic Case Files) system allows courts to maintain electronic case files and offer electronic filing online, making case information immediately available. Michigan Defendant Sentenced in Kratom Distribution Scheme United States v. Dailey Press Release The court in both matters granted temporary restraining orders to limit the defendants ability to distribute or dispense controlled substances. L.A. Star processed and distributed a variety of ready-to-eat fish products. In a civil lawsuit, Carroll alleges Trump raped her in a Manhattan department store in the 1990s. Tex.). Defendant Sentenced in Multi-Million-Dollar Prize Promotion Scams Targeting Elderly Victims United States v. Burke and RossiPress Release Ohio). District Court Enters Consent Decree Against Dietary Supplement ManufacturerUnited States v. Sunset Natural Products Inc., et al. Docket NO. 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 labeling for defendants products claimed without FDA approval or clinical studies demonstrating safety and effectiveness that the products could treat a variety of serious conditions. In a complaint filed January 7, 2020, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act by processing and distributing fish products and other food, including salads, pierogis, and dips, in a facility where government inspectors previously found evidence of listeria contamination. On September 27, 2017, the district court entered a consent decree of permanent injunction against Mary E. Parrish, doing business as Fort Massac Fish Market, a Metropolis, Illinois distributor of caviar and fishery products. Press release The government alleged that FKOL plant management directed employees to remove certain records from the premises and delete other records from computers that would have revealed FKOL was manufacturing drug ingredients in contravention of FDA requirements. Lead NECC Defendant Sentenced to Nine Years in Prison in Connection with 2012 Nationwide Fungal Meningitis OutbreakUnited States v. Barry CaddenPress Release Epsilon also agreed to implement significant compliance measures designed to safeguard consumers data. The indictment charges Indivior with mail, wire, and health care fraud conspiracy and substantive counts. Court Permanently Enjoins New York Company from Distributing Adulterated and Misbranded Dietary SupplementsUnited States v. Riddhi USA, Inc., et al.Press Release 1, 2018, filed a motion seeking a preliminary injunction against Cantrell Drug Company and its co-owner and Chief Executive Officer, James L. McCarley, Jr., to stop the manufacturing and distribution of adulterated drugs. Docket Number: 18-CR-260, 18-CR-261, 18-CR-578 (E.D.N.Y.). Trial in the case, originally set for May, was continued to September 2020 because of the ongoing public health emergency. You should complete each of these documents before you arrive at the Clerk's Office. Sitesh Patel, the vice president of S.K. 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. 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. 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. Docket Numbers: 1:19-cr-87; 1:19-cr-88 (S.D. Docket Number: 1:19-CR-20658-RNS (S.D. The shipments contained bogus imitations of Xanax, Valium, sibutramine, Cialis, Viagra and Stilnox (marketed in the United States as Ambien). On May 27, 2020, U.S. District Court Judge Ronald A. The injunction requires the defendants to cease all operations connected to the company, and not to resume operations until FDAdetermines that their manufacturing practices have come into compliance with the law. Specifically, the complaint alleged that multiple FDA inspections revealed that the defendants compounded sterile drugs under insanitary conditions. On May 22, 2019, Hisao Yabe was sentenced to one year of probation and fined $5,000 for his failure to report to the Food and Drug Administration information that called into question the safety of a medical device manufactured by Olympus Medical Systems Corporation. Palsos 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. In pleading guilty, Long admitted that he used personal and financial information of more than 375,000 victims to steal millions of dollars from checking accounts. 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. Many homeowners lost their homes to foreclosure after hiring the firms. The Second Circuit rejected that argument, holding that [f]raudsters may not escape criminal liability for lies told to induce gullible victims to make worthless investments by inducing them to sign a contract containing disclaimers of reliance.. What is a civil lawsuit? U.S. Department of Justice Some solicitations instruct recipients to pay a fee in order to receive their winnings; others urge recipients to purchase goods or services based on false promises that they will guarantee future lottery wins. Smith sold Miracle Mineral Supplement or MMS, which he touted as a cure for cancer, AIDS, malaria, hepatitis, lyme disease, asthma, the common cold, and various other diseases. Fla). Specifically, the complaint alleges that the defendants routinely dispensed controlled substances while ignoring numerous warning signs of diversion and abuse, such as unusually high dosages of oxycodone and other opioids, prescriptions for opioids and other controlled substances in dangerous combinations, and patients travelling extremely long distances to obtain and fill prescriptions. On December 6, 2018, the Court of Appeals for the Second Circuit affirmed the convictions and sentences of five defendants who worked at Vendstar, a Long Island company that brought in more than $60 million from selling worthless candy vending machine business opportunities. Some victims lost thousands of dollars. During the course of the scheme, Rodis Law Group and a successor company, Americas Law Group, obtained more than $9,000,000 from over 1,800 homeowners. Both companies, along with five individuals, pleaded guilty last year. The Court held that the defendants violations meant the supplements were adulterated as a matter of law, and set a hearing for February 17 to discuss the scope of a permanent injunction. In a stipulated order filed with the complaint, Facebook agreed to settle these allegations by paying a $5 billion civil penalty and implementing robust, new compliance measures that will change how Facebook prioritizes and approaches user privacy issues. Press Release 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. The Court also ordered Dallal to forfeit $250,000 in ill-gotten gains. 331(d) and 333(a)(2). 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: 2:19-cr-295 (D. Nev.). Victims never received any lottery winnings. On April 21, 2020, the Department of Justice announced that Chipotle Mexican Grill had agreed to pay a $25 million fine to resolve criminal charges related to foodborne illness outbreaks that sickened more than 1,100 people between 2015 and 2018. On March 3, 2016, Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act. 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. On Jan. 18, 2018, the district court entered a consent decree imposing a $5 million civil penalty and a permanent injunction against Dr. Reddys Laboratories, Inc., a pharmaceutical company, to resolve a complaint that the company violated the Consumer Product Safety Act. In pleading guilty, Gutierrez admitted that he oversaw a series of call centers in Peru that threatened Spanish-speaking victims with various consequences if they failed to pay non-existent debts. The Seventh Circuit upheld the lower courts ruling here in May 2019. Docket Number: 3:18-CV-01908; 5:18-CV-01891 (N.D. Ohio). 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. District Court Finds Websites to be Labeling Under FDCA in Denying Motion to Dismiss Enforcement ActionUnited States v. Innovative BioDefense, Inc. et al. Courts use one of two versions of CM/ECF NextGen or CurrentGen. On April 29, 2021, Christopher Reyes pleaded guilty in U.S. District Court for the Northern District of Texas to one count of Conspiracy to Import Drug Paraphernalia, in violation of 21 U.S.C. On October 29, 2019, Fredrick Brown, a former civilian contractor stationed at Yongsan Garrison, a US Army installation in South Korea, pleaded guilty to one count each of conspiracy to commit wire fraud and conspiracy to commit money laundering in connection with the same scheme. The company severed ties with Pedersen and agreed to cooperate in his prosecution. Mich.). If you believe your civil rights, or someone elses, have been violated, submit a report using our online form. The FDA has approved Onyx only for use inside the brain.