civil law cases

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. Olympus was ordered to pay $85 million in criminal fines and forfeiture, and also agreed to enact extensive compliance reforms. Two of the individual defendants, Jacob Geissler and Jonathan Doyle, are expected to be sentenced in federal court in Dallas on October 13 and 15, 2020, respectively. United States v. Omar Cuzcano Marroquin, et al., Case No. 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 . The action, brought under the anti-fraud injunction statute (18 U.S.C. 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. and United States v. California Stem Cell Treatment Center, Inc., et al.Press Release See February 17, 2017 update on Felecia Lindo. Under the Federal Food, Drug, and Cosmetic Act, the failure to follow cGMP renders drugs manufactured under such conditions adulterated. According to the complaint, consumers pay for items supposedly sold through the websites but never receive those purchases. Business Formation. Summary Judgment Granted Against Manufacturer of Adulterated Dietary Supplements. Complaint for Injunctive Relief and Civil Penalties Filed Against Online Consumer Background Report Provider MyLife.com United States v. MyLife.com, Inc. et al.Press Release Fla.). Docket Number: 2:20-cv-10032 (E.D. Docket Number: 1:16-CR-20912 (S.D. Long used the proceeds of his fraud to purchase airplanes, numerous vehicles, and other property. Cal. Secure .gov websites use HTTPS Victims never received any lottery winnings and lost more than $150,000. In fact, the victim did not win the lottery and never received any winnings. Vendstar sales representatives with the knowledge and encouragement of Weaver and other managers misrepresented the businesses likely profits, how its past customers were doing, the availability of high-profit locations, and the services that locating companies would provide. Pursuant to the decree, the defendants must cease all operations and obtain FDAs approval before resuming the manufacture of dietary supplements in the future. An FDA inspection performed in March and April 2015 revealed that the companys fish products were adulterated within the meaning of the Food, Drug, and Cosmetic Act in that the company failed to develop and implement an adequate Hazard Analysis Critical Control Point plan to control and prevent identified food safety hazards. Some victims lost thousands of dollars. Fla.). Docket Number: 5:17-CR-50020-KES (D.S.D/8th Circuit). Docket Number: 0:17-CR-60056 (S.D. Civil law is a type of law that generally deals with disputes between persons or organizations. ), Docket Number: 3:12-CR-922 (D.P.R. Docket Number: 1:20-cr-104 (E.D.N.Y.). The named defendants include direct mailers, printers, a cager, and a data manager who created and maintained lead lists. On February 3, 2016, Catherine Nix was sentenced to 15 months imprisonment, and on October 6, 2015, Wada Hollis and Thomas Giddens were also sentenced to 15 months imprisonment for their roles in in a prescription drug smuggling ring. The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. 18-1785 (7th Cir.) According to the complaint filed in the case, the defendants sent solicitations informing recipients they had won large cash prizes, but that they urgently must pay fees to claim their winnings. Arraignment is scheduled for May 6 in Abington, Virginia. On June 8, 2017, Paul Robinson was sentenced to 37 months in prison for his role in an odometer tampering and securities fraud conspiracy. On March 6, 2019, the court unsealed the guilty pleas of two defendants as well as an 18-count indictment against a third individual alleged to have operated a massive mail-fraud scheme for more than 20 years. 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. In pleading guilty last year, Becker admitted that, from approximately January 2016 to March 2019, he unlawfully distributed Selective Androgen Receptor Modulators (SARMs) and other substances that the FDA has not approved, including ostarine and ligandrol, as part of purported dietary supplements. 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. On June 24, 2019, Michael Carey Eubank pleaded guilty in the Eastern District of Virginia to one count of conspiracy to commit odometer tampering. More than 750 patients in 20 states were diagnosed with a fungal infection after receiving injections of methylprednisolone acetate (MPA) compounded at NECC. 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 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. Victims never received any lottery winnings. Sentencing is set for February 20, 2020. On February 21, 2017, the Court of Appeals for the Eleventh Circuit affirmed the sentence of Sirtaj Tosh Mathauda, who was convicted of conspiracy and multiple counts of mail and wire fraud in connection with a series of fraudulent business opportunities. On December 23, 2019, the U.S. District Court for the Eastern District of New York permanently enjoined Edgewood, New York entities ABH Natures Products, Inc., ABH Pharma, Inc., and StockNutra.com, Inc., along with the businesses owner, Mohammed Jahirul Islam, of Flushing, New York, from distributing adulterated and misbranded dietary supplements in violation of the Federal Food, Drug, and Cosmetic Act. The California Courts Meeting Information Center offers online access to Judicial Council of California meetings, presentations, and archived broadcasts. The Civil Rights Cases of 1883. In January 2014, Tahir Saeed also entered guilty pleas to several counts of the indictment, and was sentenced in October 2016 to time served. Argument on the remaining claims in the case, regarding the proper analysis of certain environmental risks, is expected to take place in May. The court previously entered a temporary restraining order against the defendants. 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 complaint alleges that defendants failed to adequately control the risk of Clostridium botulinum and Listeria monocytogenes (L. The victim did not win a lottery prize and did not collect any winnings. In the settlement negotiated by the FTC, Vivint agreed to pay $15 million in civil penalties and $5 million in equitable relief, and to comply with injunctive relief requiring significant affirmative measures to ensure future compliance with the FCRA and to prevent recurrence of its past unlawful conduct. 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. The defendants manufacture a variety of dietary supplements available on their website and in stores, primarily marketed to Chinese-speaking communities. 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. In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. Lledo is the third defendant to plead guilty in connection with the scheme. Victims who paid the fees received either nothing, a cheap piece of jewelry, or a report listing unrelated sweepstakes. On June 11, 2019, ACell, Inc., a Maryland-based medical device manufacturer, pleaded guilty to one misdemeanor count of failure and refusal to report a medical device removal to the Food and Drug Administration (FDA). Pedersen allegedly posed as a doctor to promote ingestible silver-based products as a cure for COVID-19 despite having no evidence that his products could treat the disease. 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. On March 21, 2016, the United States filed an injunction action against Native American Enterprises, LLC (NAE), of Wichita, Kansas, its Vice President and 49% owner, William N. McGreevy, and its Production Manager, Robert C. Conner, to prevent the manufacture and distribution of adulterated food, namely ready-to-eat refried beans and sauces. Sentencing will be held in Austin, Texas, before Judge Pitman. For Legal Professionals. District Court Enjoins Smoked Fish Manufacturing Company and Several Key Employees from Continuing to Violate the Food, Drug, and Cosmetic Act United States v. New York City Fish, Inc., Maxim Kutsyk, Pavel Roytkov, and Leonid StaroseleteskyPress ReleaseDocket Number: 1:13-CV-2909 (E.D.N.Y.). The defendants manufactured dietary supplements that they sold through their website and in stores and marketed primarily to Chinese-speaking communities. Posing as agents of a fake Fraud Protection Agency, which they claimed was a component of the Federal Trade Commission, the defendants told consumers to send a fee purportedly required by U.S. law in order to receive their prizes. Civil Case. In a complaint filed July 27, the United States alleged that inspections at Isomeric revealed a number of insanitary conditions, including the presence of several types of microorganisms in the air and on surfaces used for sterile processing, as documented by the companys own records. As the court found, Spectrum received about 1,600 reports of broken handles between 2008 and 2012, when it finally reported the problem to the CPSC. SHARE. Four Individuals Charged in Connection with Clinical Trial Fraud Scheme. Eliza Anderson, Deseret News. During an inspection in 2015, FDA observed that the firm failed to have adequate HACCP plans to control the hazards posed by several pathogenic bacteria, including Clostridum botulinum, Clostridum perfringens, and Listeria moncytogenes. Victims were instructed to send small processing fees typically $20 or $25 to claim the prizes. and Mark Berman, M.D. Sentencing for USP Labs and SK Labs is set for July 14, 2020. On March 27, 2018, the district court permanently enjoined dietary supplement distributor MyNicNaxs LLC, and two principals of the company, Chevonne Torres and Michael Banner, from selling and distributing unapproved and misbranded new drugs. 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. Smith was also ordered to pay $724,408.79 in restitution. Along with pleading guilty, the company agreed to pay a criminal fine of $30 million and forfeit an additional $20 million. Simpson case is a case of sexual assault and wrongful death. Earlier this year, Allen pled guilty to one count of a pending indictment charging that she and a co-conspirator in Jamaica sought to unlawfully enrich themselves in a fraudulent lottery scheme targeting an elderly resident of Evans, Georgia. The governments complaint, filed February 10, alleges that the companys fish products were manufactured under conditions that were inadequate to ensure their safety. 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. Canadian Men Charged in Alleged Mass-Mailing Elder Fraud Schemes United States v. Quaglia et al. Docket Number: 3:17-CV-1005 (S.D. Henrys Farm manufactured and distributed a variety of soybean sprouts and repackaged and distributed mung bean sprouts. On March 24, 2020, U.S. District Judge Brian Cogan entered a consent decree in a related case barring KAT Telecom, Inc., a New York corporation, from conveying fraudulent telephone calls, fraudulent recordings, or spoofed telephone calls. Woman Pleads Guilty to Conspiracy to Commit Money Laundering in Connection with International Lottery SchemeUnited States v. Samaiyah ArmisteadPress Release 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. In pleading guilty, Wall admitted that beginning in 2007, he managed a call center in Manila associated with RX Limiteds online pharmaceutical sales websites. His conduct in this case violated the injunction. On Feb. 20, 2018, the district court issued a temporary restraining order pursuant to 18 U.S.C. United States v. Bencosme, et al. DAntonio was previously convicted of wire fraud for a separate work-at-home scheme involving medical billing and was also subject to a permanent injunction banning him from any involvement in a company engaged in telemarketing. On March 31, U.S. District Judge James Jones denied Indiviors motion to dismiss a 28-count indictment alleging the company engaged in healthcare fraud, wire fraud, mail fraud, and conspiracy to commit the same. 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. Courts handle two types of disputes: civil and criminal. Ten of those defendants have been sentenced to prison, and 12 have been sentenced to probation. Fla.). Docket Numbers: 13-CR-120; 13-CR-500; 13-CR-501 (E.D.N.Y.). The complaint alleged that Neptune prepares, processes, packs, holds and distributes ready-to-eat smoked and salt-cured seafood including pickled herring, smoked steelhead trout, smoked halibut, smoked whitefish, smoked salmon and smoked mackerel. Before it, Gerald Groff had been happy with his work as a rural mail carrier and happy to be able to have Sundays off. ), On June 21, 2017, the Court of Appeals for the Second Circuit affirmed the conviction and sentence of Edward Ned Weaver, who ran Vendstar, a Long Island company that sold worthless candy vending machine business opportunities. The court previously entered a temporary restraining order against the defendants on May 8, 2019. Physicians & Surgeons v. FDA. 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. The scheme was disrupted before the elderly individual could be further victimized by the conspiracy. 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. In its motion to dismiss, Indivior asserted that prosecutors engaged in misconduct before the grand jury related to a reference in the indictment to a doctor who had been charged with healthcare fraud unrelated to Suboxone. The defendants agreed to settle the litigation, which was commenced with the filing of a complaint on December 7, 2015, and be bound by a consent decree of permanent injunction that prohibits them from violating the FDCA. Fla.). Docket Number: 1:20-cr-123 (W.D. 371, and criminal contempt in violation of 18 U.S.C. International Mass-Mailers Enjoined from Further Participation in Fraudulent Solicitation SchemesUnited States v. Alexander Quaglia, et al. Docket No. It includes description of. The district court entered the proposed consent decree. Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. This scheme defrauded more than 1 million Americans out of more than $180 million. He instructed consumers to combine MMS with citric acid to create chlorine dioxide, add water and drink the resulting mixture to cure numerous illnesses. 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. Docket Number: 18-CR-10461 (D. The coordinated U.S. and Dutch actions immediately stopped defendants from using the Dutch boxes to receive future payments from fraud victims and from further victimizing elderly Americans. Wash.). 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. On August 3, 2015, the district court entered an order of permanent injunction against Henh Wong Fresh Produce, a sole proprietorship, its owner, David C. Ly, and employees Kin S. Ly and Thahn Danny C. Ly, to stop them from violating the Food, Drug, and Cosmetic Act (FDCA) by causing food to be adulterated while it is held for sale after shipment in interstate commerce. Fla.); 5:16-CV-0577 (M.D. The complaint alleged that the schemes generated approximately $4.8 million in annual victim losses. Trial in the case, originally set for May, was continued to September 2020 because of the ongoing public health emergency. A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. According to the complaint, lab testing by the U.S. Department of Agriculture detected above-tolerance drug residue in the liver of one of defendants cows sold for slaughter. According to the complaint, victims sent hundreds of millions of dollars to defendants in fees, but received nothing of value in return. On August 31, 2020, four individuals were charged in connection with an alleged clinical trial fraud scheme involving Miami company Unlimited Medical Research. People who eat food contaminated with the Listeria monocytogenes bacterium can contract the disease listeriosis, which can be seriouseven fatalfor vulnerable groups such as newborns and those with impaired immune systems. );2:16-CR-316 (D.N.J.) Court Denies Indiviors Motion to Dismiss Indictment in Suboxone Case, United States v. Indivior, Inc. Long used the proceeds of his fraud scheme to purchase a ranch in Texas, three airplanes, cars, buses, ATVs, and a fire truck, as well as to pay other personal expenses. Docket Number: 4:19-CV-3214 (S.D. In March 2015, the district court granted partial summary judgment in the United States favor on the DNC Registry, oral disclosures, and caller ID claims. )(related to United States v. Indivior Inc. et al., Docket Number: 19-CR-16 (W.D. For example, a decision by the US Court of Appeals for the Fifth Circuit is binding on . 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. At the time of their sentencings, both defendants had been incarcerated for approximately 4 years, including time spent in an English jail. Docket Number: 8:20-cv-1794 (M.D. Mich.). The injunction requires the defendants to implement certain remedial measures and obtain written approval from the FDA before resuming any manufacture of drugs or dietary supplements. 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. 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. 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. 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