In some instances, a person may be entitled to file a complaint, trusting the legal system to punish the wrongdoer with prosecution, while bringing a civil lawsuit to receive compensation for the damages done by the wrongdoer. Fla.). On June 1, 2016, the district court entered a temporary restraining order against an individual and two Dutch companies that allegedly engaged in multiple international mail fraud schemes that have defrauded elderly and vulnerable U.S. victims out of approximately $18 million annually. A hearing for the defendants to show cause why a preliminary injunction should not issue is scheduled for April 17, 2018. Inspections have also revealed defendants inability to control pests in the firms production facility. In addition to two years imprisonment, Judge Judith E. Levy also sentenced Dailey to three years of supervised release. 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. Farris was the sales manager in charge of the telemarketing sales floor. Wash.). The complaint also alleged that the company failed to manufacture its medicated feeds in conformity with current good manufacturing practices. Docket Number: 2:18-CR-727; 2:18-CR-726 (D.N.J.). 3:19-CR-00632 (N.D. 1345 against Elagoon Business Solutions Pvt Ltd., an India-based company. 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. 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. This case was initiated in 2011, alleging that the defendants, Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III, committed widespread violations of the FTC Act and Telemarketing Sales Rule (TSR) in various telemarketing campaigns to sell DVDs and movie tickets, and in charitable solicitation call campaigns. Docket Number: 0:17-CR-60056 (S.D. Some victims were threatened with negative marks on their credit reports, imprisonment, or deportation. Epsilon further admitted that over the course of nearly a decade, the company knowingly sold 30 million American consumers data to clients engaged in fraud. For Legal Professionals. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. Find a Lawyer. District Court Permanently Enjoins 15 Individuals and Companies in Elder Fraud Mail Scheme Robinson also was ordered to pay $320,797.82 in restitution to the victims of the scheme. Docket Number: 2:20-cr-00196 (D. Nev.). Epsilon also agreed to implement significant compliance measures designed to safeguard consumers data. In pleading guilty, Gali admitted that from 2006 through 2011, he and his brother, Chaim Gali, devised a scheme to defraud consumers by misrepresenting the mileages of used vehicles. Texas Resident Pleads Guilty to Illegal Importation of Counterfeit Vaping Products. In pleading guilty, Baine admitted that between 2011 and 2014, he caused the odometers on at least 387 vehicles to be rolled back to false, lower mileages and then sold to unsuspecting consumers from his car lot in Gulfport, Mississippi. In addition to the prison term, the court also ordered Crawford to pay $103,700 in restitution. District Court Finds Websites to be Labeling Under FDCA in Denying Motion to Dismiss Enforcement ActionUnited States v. Innovative BioDefense, Inc. et al. In a complaint filed in January, the government alleged that the defendants knowingly conveyed hundreds of millions of fraudulent robocalls from foreign entities to American consumers. Skip to main content. Civil Enforcement Actions Under Controlled Substances Act Announced Against Two Physicians Related to Opioid Distribution United States v. Gregory J. Gerber, M.D., et al. If someone damages another person's property, the victim may sue the perpetrator in civil court for the cost of the damage. 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. Complaint Filed Against Dietary Supplement MakerUnited States v. Applied Polymer Systems (D.N.J.). The court asked the government to submit a proposed permanent injunction and has scheduled a conference for the parties to discuss the content of that injunction. Note: Read the "Justice for All Act of 2004", which describes crime victims rights. The Standard of Proof Required There is also a disparity in the standard of proof for a suspect to be charged with a civil lawsuit vs. a criminal lawsuit. The permanent injunction requires Scilabs and Edalat to cease all operations connected to the company, and not to resume until FDA determines that their manufacturing practices have come into compliance with the law. District Court Enters Permanent Injunction Against Utah Pharmacy and Individuals to Prevent Distribution of Adulterated and Misbranded Drugs and Unapproved New DrugsUnited States v. Isomeric Pharmacy Solutions, LLC, et al. Flipboard. Va.). Press Release Americans with Disabilities Act, Criminal Law Related Civil Cases, Habeas Corpus/Prisoner. 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. Both men pleaded guilty in July 2019 to conspiracy to alter odometers. Docket Number: 2:16-cr-71 (D. Nev.). MediNatura, a company that sells injectable homeopathic drugs, challenged FDAs withdrawal of an enforcement-discretion policy for homeopathic drugs and the agencys addition of MediNaturas products to an import alert. An official website of the United States government. International Mass-Mailers Enjoined from Further Participation in Fraudulent Solicitation SchemesUnited States v. Alexander Quaglia, et al. The decree also requires a recall of all dietary supplements sold by the firm sold since January 1, 2014. In the underlying lottery fraud scheme, the victim was falsely informed that she had won a lottery but had to pay various up-front fees. The Courts order prohibits the defendants from continuing to manufacture or distribute their products unless and until they come into compliance with the law. On May 5, 2021, the Court entered a stipulated preliminary injunction against a St. Louis chiropractor, Eric Nepute, and his company Quickwork LLC, d/b/a Wellness Warrior, whom the government alleged were deceptively advertising vitamin D and zinc as COVID-19 treatments. FDA inspections performed in 2013 and 2014 documented a pattern of insanitary conditions resulting in the presence of Listeria monocytogenes. Mich.). United States v. Yabe, Hisao, Press Release FDA inspections and other evidence showed a repeated failure of Serra Cheese to reduce the risk of contamination from bacteria and to undertake critical measures that are essential to prevent the growth of certain potentially dangerous bacteria such as Listeria and E. coli, including failing to adequately clean and sanitize equipment in a proper manner. Sentencing hearings for all of the defendants will be held in Dallas before U.S. District Judge Sam A. Lindsay. On Feb. 28, 2018, the United States filed a civil complaint, and on Mar. The agreement resolves pending state court lawsuits in Connecticut, Mississippi, and South Carolina, as well as potential claims by the Justice Department, 18 states, and the District of Columbia. As part of their guilty pleas, Hidalgo and Hermoza admitted that they and others they supervised called consumers in the United States falsely claiming to be attorneys and or government representatives. Smith was convicted on May 27, 2015, on charges of conspiracy, smuggling, distributing misbranded drugs, and defrauding the United States, following a seven-day jury trial. Former Auto Body Shop Owner Sentenced for Role in Odometer and Title Fraud SchemeUnited States v. Paul RobinsonPress Release As part of the consent decree, the defendants represented that Medistat has ceased operations. 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. Docket Number: 2:18-CV-2656 (W.D. In addition, the company produced fish products under insanitary conditions based on its failure to comply with Current Good Manufacturing Practices. Indivior Inc. Indicted for Fraudulently Marketing Prescription OpioidUnited States v. Indivior Inc. Press Release ); 5:16-CR-0022 (M.D. 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. Usually, the purpose of bringing the case is to get a court order for the . Lindo was also ordered to pay $292,900 in restitution. The department filed a complaint in the U.S. District Court for the Central District of California on Nov. 21 alleging that Neptunes seafood products are produced under conditions that are inadequate to ensure the safety of its products. Cadden repeatedly took steps to shield NECCs operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. A. In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. On January 8, 2016, the district court entered a consent decree of permanent injunction against Downing Labs, LLC, Ashley Downing, Christopher Downing, and Roger Mansfield. The violations stemmed primarily from norovirus outbreaks connected to employees failure to follow company food safety protocols at company-owned restaurants. 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. On December 1, 2014, the U.S. District Court for the Central District of California entered a consent decree of permanent injunction against Neptune Manufacturing Inc. of Los Angeles and its corporate officers, Alexander Goldring, Peter Oyrekh and Semyon Krutovsky, to prevent the distribution of adulterated seafood products. 18-1785 (7th Cir.) The injunction requires L.A. Star and the Goldrings to cease all operations and requires that, in order for the defendants to resume distributing seafood products, the FDA must first determine that its manufacturing practices have come into compliance with the law. Court Orders New York Company and its Operators to Stop Distributing Adulterated Dietary Supplements. Two Georgia Defendants Sentenced in Odometer Fraud ConspiracyUnited States v. Rojen Burnett and Amber McLaughlinPress Release In pleading guilty earlier this year, Ryan admitted that from 2007 through 2010, he unlawfully authorized more than 158,000 website prescription drug orders, including orders for Fioricet, which contains the controlled substance butalbital, and two drugs that later went on DEAs controlled substances list, Soma and tramadol. Elderly victims of the scheme were contacted and falsely told that they had won millions of dollars in a lottery or sweepstakes. District Court Enters Permanent Injunction Against Chicago Sprout and Soybean Products Company, United States v. Fortune Food Product, Inc. et al. Docket Number: 2:18-CR-349 (E.D.N.Y). On June 25, 2018, Michael Rossi was sentenced to 63 months in prison plus three years of supervised release in connection with a telemarketing scheme that defrauded thousands of victims, many of whom were elderly, out of more than $2.7 million. Docket Number: 1:18-CV-04689-ENV-CLP (E.D.N.Y.). Blue Bell pleaded guilty to two misdemeanor counts of distributing adulterated ice cream products and has agreed to pay a criminal fine and forfeiture amount totaling $17.25 million according to the terms of a plea agreement. Harkonen argued that his conviction should be overturned because his trial team failed to call any expert witnesses for the defense. Basnight fraudulently obtained new title documents reflecting the false mileages and resold the vehicles at inflated prices. Harkonen was convicted of wire fraud in 2009 for distributing a fraudulent press release designed to boost sales of his companys main drug. The remaining three defendants are all in custody in the Philippines and awaiting repatriation/extradition. Docket Number: 1:19-CV-02184 (D.D.C.). 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. Smith was also ordered to pay $12, 500.00 in fines. As part of the consent decree, the defendants represented that they no longer engage in sterile compounding. Owner of Loan Modification Scam That Targeted Struggling Owners Pleads GuiltyUnited States v. Bryan DAntonioPress ReleaseDocket Number: 8:13-CR-0208 (C.D. Tenn.). OxyElite Pro was recalled in 2013 after being linked by the Food and Drug Administration to a deadly outbreak of serious liver injuries. Medtronic, which acquired ev3 subsequent to the course of criminal conduct, also agreed to pay $13 million in a separate matter as part of a global settlement to resolve False Claims Act liability arising from an investigation of alleged kickbacks paid to surgeons to use the Solitaire medical device, a second ev3 neurovascular product. The complaints alleged that the defendants imported childrens products containing, among other things, lead, phthalates, and small parts that posed a choking hazard for children under the age of three. On June 2, 2017, Claude Shaw of Miramar, Florida, was sentenced to serve 36 months in prison and three years of supervised release for his participation in a fraudulent lottery scam based in Jamaica. 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. Employee of Chinese Chemical Supplier Sentenced in Scheme to Sell Mislabeled Dietary SupplementsUnited States v. GaoPress Release Docket Number: 2:14-cr-126. Docket Number: 4:20-cv-46 (W.D. Docket Number: 19-CV-00027 (C.D. The settlement requires Facebook to pay a $5 billion civil penalty and amends the 2012 FTC order by requiring Facebook to implement comprehensive new privacy measures, including creating an independent assessor and independent privacy committee to oversee compliance with the order; conducting privacy reviews for all Facebook-owned products and services, including Instagram and WhatsApp; and committing to annual compliance certifications by Facebook CEO Mark Zuckerberg. North Carolina Dietary Supplement Distributor Sentenced in Case Involving Synthetic Steroids. According to the complaint, the defendants all played roles in the schemes, which involved solicitations claiming victims had won large cash prizes. The Eleventh Circuit rejected both of his arguments, holding that the prison sentence was substantively reasonable and that the district court did not err in denying his motion to proceed pro se without holding a third Faretta hearing. Fla.). At the time of their sentencings, both defendants had been incarcerated for approximately 4 years, including time spent in an English jail. Many victims made monetary payments based on these threats. A civil case usually begins when one person or business (called the "plaintiff") claims to have been harmed by the actions of another person or business (called the "defendant"). Laboratories is set for Aug. 12, 2019. v. Rhinebeck Central School District and Thomas Mawhinney, a sexual harassment case brought against the Rhinebeck Central School District and the former high school principal Thomas Mawhinney.The case was filed in the United States District Court for the . Ind.). Sentencing before U.S. District Judge Beth Bloom is set for March 19, 2021, in Miami. Mich.). 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. United States v. Valdes et al., Judge Chhabria also ruled that FDAs guidance pertaining to genetically engineered animals cannot be challenged because it does not have direct and appreciable legal consequences, and therefore does not constitute final agency action. On March 16, 2021, U.S. District Judge Randolph Moss denied plaintiff MediNatura Inc.s motion seeking a temporary injunction pending appeal of the courts decision on a previous motion for preliminary injunctive relief. Long previously operated as a third-party payment processor, creating and depositing checks on behalf of numerous merchants. SHARE. The injunction permanently enjoins the defendants from distributing unapproved, misbranded, and adulterated drugs in violation of the Food, Drug, and Cosmetic Act. Docket No. According to the complaint, FDA inspections revealed Listeria monogytogenes (L. mono) contamination at the facility. On November 12, 2014, the U.S. District Court for the Central District of California entered a consent decree of permanent injunction against Scilabs Nutraceuticals, Inc., of Irvine, California, and its board chairman and chief executive officer, Paul P. Edalat, to prevent the distribution of adulterated dietary supplements in interstate commerce. Favorite Pants In 2007, when Custom Cleaners, a neighborhood dry cleaner, returned what Judge Roy Pearson claimed to be the wrong pair of pants, Pearson, an administrative law judge, decided to take action and sue for $67 million. On Jan. 25, 2018, Ercan Barka 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. The complaint alleges that Cantrell, a compounding pharmacy, distributed adulterated drugs in interstate commerce and caused drugs to become adulterated while held for sale after shipment of a component in interstate commerce. 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. Docket Number: 2:11-CV-0419 (D. Utah). The indictment further alleged that the defendants imported synthetic ingredients from China using false certificates of analysis and false labeling, and lied about the source and nature of those ingredients to retailers and consumers. View more updates. The firm sold their soups to various distributors after receiving seafood from other states including Florida. Through a separate company that it contracted with to market and distribute LC Bead in the United States, Biocompatibles marketed LC Bead to deliver chemotherapy drugs a use that was never cleared or approved by the FDA. Fla). As part of the consent decree, defendants agreed not to resume manufacturing, holding or distributing drugs until they comply with specific remedial measures set forth in the order entered by the Court. According to the plea agreement, Onyx was approved by the U.S. Food and Drug Administration (FDA) as a liquid embolization device that is surgically injected into blood vessels to block blood flow to arteriovenous malformations in the brain.. Arnold v. Docket Number: 19-CR-0282 (D. 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