At times, Eubank lowered mileage readings by more than 100,000 miles. The firm agreed to be bound by a consent decree of permanent injunction, which includes the recall and destruction of all dietary supplements manufactured, prepared, processed, packed, labeled, held, and/or distributed by the firm since April 2014. 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 defendants violations included placing over 99 million calls to phone numbers on the DNC Registry. At a plant in North Carolina, Baxter manufactured large-volume sterile intravenous (IV) solutions in a clean room that had high-efficiency particulate absorption (HEPA) filters installed in the ceiling. Chlorine dioxide is a potent agent used to bleach textiles, among other industrial applications, and a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. 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. Filing Electronically How to File a Case District Court Issues Temporary Restraining Order against Las Vegas Defendants in Direct-Mailing SchemeUnited States v. Kern, et al. Wash.), On May 2, 2019, U.S. District Judge Robert Lasnik entered a preliminary injunction under 18 U.S.C. Court: Third Circuit New Jersey US District Court for the District of New Jersey. In pleading guilty to money laundering last December, Crawford admitted that from 2017 to 2019, he recruited at least 30 money mules to facilitate the receipt of millions of dollars taken from Department of Defense and Veterans Affairs benefit programs using personally identifying information stolen from victims. The remaining three defendants are all in custody in the Philippines and awaiting repatriation/extradition. The defendants manufacture a variety of dietary supplements available on their website and in stores, primarily marketed to Chinese-speaking communities. On June 24, 2019, Michael Carey Eubank pleaded guilty in the Eastern District of Virginia to one count of conspiracy to commit odometer tampering. FDA testing on samples of the gel tested positive for bacterial contamination. WebThis civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a On January 13, 2020, the district court entered a consent decree of permanent injunction against Home Style Foods, Inc., its president, Michael J. Kowalski, and the companys quality manager, Juan Valesquez. As the trial began, his lawyer called her lawsuit a plan to make her famous. Docket Number: 5:17-CR-50020-KES (D.S.D/8th Circuit). The court previously entered a temporary restraining order against the defendants on May 8, 2019. The shipments contained bogus imitations of Xanax, Valium, sibutramine, Cialis, Viagra and Stilnox (marketed in the United States as Ambien). These lots of drugs were not distributed into interstate commerce. In pleading guilty, Raventos admitted that she conspired with others to fabricate the participation of subjects in the clinical trial and falsify clinical trial data. Enforcement Action Filed Against Kansas Food Manufacturer United States v. Native American Enterprises, LLC, William N. McGreevy and Robert C. Conner, Press ReleaseDocket Number: 6:16-CV-1072 (D. Kan.). Ill.). United States v. Valdes et al., 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. In a civil lawsuit, Carroll alleges Trump raped her in a Manhattan department store in the 1990s. Some victims lost thousands of dollars in the scheme. Crawford admitted that he recruited at least 30 individuals to serve as money mules to receive funds stolen from servicemembers and veterans, and that he arranged to remit stolen funds to other co-conspirators in the Philippines. 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. On June 1, 2020, U.S. District Judge Robert N. Scola sentenced Francesco Guerra to 90 months imprisonment and three years of supervised release for his supervision of a Peruvian call center used to carry out a fraud and extortion scheme against American consumers. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. On August 11, 2020, the United States District Court for the Middle District of Florida entered a temporary restraining order pursuant to 18 U.S.C. Ten of those defendants have been sentenced to prison, and 12 have been sentenced to probation. The jury acquitted defendants on 14 felony counts of fraud and one conspiracy count. Florida Resident Sentenced in Connection with Jamaica-Based Lottery ScamUnited States v. Cassandra Althea PalmerPress Release PACER allows anyone with an Under the terms of the DPA, Epsilon, a marketing company with principal sales operations based in Colorado, agreed to pay a total monetary penalty of $150 million, with $127.5 million of that amount going to compensate victims of the fraudulent schemes that used consumer data sold by Epsilon. 1343. Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Claude Shaw Press Release The former Elle magazine advice columnist alleges that Trump raped her in a Tex.). Weaver argued in his appeal that he was not guilty because Vendstar customers signed purchase agreements in which they disclaimed reliance on what sales representatives had said verbally. 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. Pentax was charged in a criminal complaint with failing to file timely reports of two hospital infection outbreaks associated with its duodenoscope and with shipping four other types of endoscopes for 18 months without FDA-approved instructions for use. (D.N.J.). District Court Enters Preliminary Injunctions Against Texas Doctors Who Prescribed Opioids With No Legitimate Medical PurposeUnited States v. Cesar B. Pena Rodriguez, M.D., and Leovares A. Mendez, M.D. However, as of early 2017, the defendant had not brought any purchase offers to the court, and he continued to owe more than $2.8 million. The complaint alleged that the defendants continued to make such claims in violation of the Food, Drug, and Cosmetic Act despite receiving a March 6 joint warning letter from the Food and Drug Administration and the Federal Trade Commission. Fla.). Injunctions Entered Against Defendants in Multi-Million Dollar International Mail Fraud SchemeUnited States v. BDK Mailing GmbH, et al.Press Release The criminal charges will be dismissed in three years if Pentax complies with enhanced compliance requirements that are part of the agreement. The states involved in the settlement include Arizona, California, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, South Carolina and Washington as well as the District of Columbia. Mich.). Some victims lost thousands of dollars. As part of the consent decree, the defendants represented that Medistat has ceased operations. Frappier was in charge of PacNets Marketing and Client Services departments, and Kelly oversaw PacNets Compliance Department. The Court also denied two motions to intervene in the case by a data privacy advocacy group and a private individual. On May 11, 2021, a Miami grand jury returned a two-count indictment against Jessica Palacio in connection with Palacios role in an alleged clinical trial fraud scheme. 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. File a Civil Lawsuit United States v. Castro et al. Some states have statutes that allow longer limitation periods for civil lawsuits resulting from criminal conduct, including Basnight also was ordered to pay approximately $400,000 in victim restitution. 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. 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. Smith created phony water purification and wastewater treatment businesses in order to obtain sodium chlorite and ship his MMS without being detected by the FDA or U.S. Customs and Border Protection. The governments complaint alleged that PharMediums drugs were adulterated because they were prepared, packed, or held under insanitary conditions whereby they may have been contaminated with filth or rendered injurious to health and because PharMedium failed to comply with current good manufacturing practices. (1) By the Plaintiff. Both companies, along with five individuals, pleaded guilty last year. 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. The complaint alleged that FDA inspections of Keystones facilities and products revealed numerous problems, including an instance in which the company released a batch of hair products despite test results suggesting contamination by the potentially harmful bacteria Staphylococcus aureus. The government alleged in its complaint that Travalino sold various preparations through his storefront and a website as guaranteed cures and treatments even after receiving a joint warning letter from FDA and FTC advising him that the distribution of his products violated the Federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act. Bethel sold a wide variety of dietary supplements. 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. 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. Cal.). Docket NO. Woman Pleads Guilty to Conspiracy to Commit Money Laundering in Connection with International Lottery SchemeUnited States v. Samaiyah ArmisteadPress Release The injunction requires, among other measures, that the defendants retain an independent expert to conduct an inspection of Syfrett Feed and certify that the firm operates in conformity with current good manufacturing practices. According to the complaint, the defendants all played roles in the schemes, which involved solicitations claiming victims had won large cash prizes. Docket No. Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Felecia Roxanne Lindo Two Mississippi Men Sentenced in Odometer Fraud SchemeUnited States v. Baine; United States v. Savarese, Press Release Case No. Employee of Chinese Chemical Supplier Sentenced in Scheme to Sell Mislabeled Dietary SupplementsUnited States v. GaoPress Release Read some examples of how charges are generated: Enter party name "johnson, t" and receive two pages of matches. Va.). Docket Number: 2:19-CV-9 (M.D. Based on the evidence presented, the court found probable cause to conclude that the defendants engaged in a widespread pattern of telecommunications fraud, intended to deprive call recipients in the Eastern District of New York and elsewhere of money and property. Among other provisions, the injunction bars defendants from carrying any VoIP calls destined for phones in the United States and from providing any U.S. telephone numbers (often used as call-back numbers in the fraudulent robocalling schemes) to any individuals or entities during the pendency of the litigation. Virginia Man Pleads Guilty in Odometer Tampering SchemeUnited States v. Eubank. Docket Number: 2:18-CV-06581 (E.D.N.Y.). 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. Donald Trump's legal cases and investigations, in one place - USA Tex.). 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. The civil resolution has been entered in the Western District of Texas, where a whistleblower qui tam complaint had been filed. WebFind a local Civil Litigation attorney in your state. Cadden was convicted of 57 counts following trial, including racketeering, racketeering conspiracy, mail fraud, and violations of the Food, Drug and Cosmetic Act. Among other findings, the Court agreed with the government that statements of recommended uses published on company websites can be labeling under the FDCA pursuant to the Supreme Courts seminal 1948 decision in Kordel v. United States. Smith sold a product called Miracle Mineral Supplement, or MMS, over the Internet. );2:16-CR-316 (D.N.J.) Docket Number: 2:19-cr-295 (D. Nev.). In pleading guilty earlier this year, Zhang admitted that he knew major American dietary supplement retailers would refuse to carry supplements known to contain certain stimulants, such as DMAA. NEW YORK (AP) A nearly 30-year-old rape claim against Donald Trump went to trial Tuesday as jurors in the federal civil case heard a former advice columnists allegation of being attacked in a luxury department store dressing room. The Indictment also charged Lytle with obstruction of FDA proceedings. Plaintiffs also should determine whether a state RICO statute is available and should be aware that federal RICO claims themselves may be brought in state court. Court Orders New York Company and its Operators to Stop Distributing Adulterated Dietary Supplements. 4:21-cv-00437-RLW (E.D. Docket Number: 1:16-CV-5264 (E.D.N.Y.). Cal.). RSS Feed | View as table. United States v. Vivint Smart Home, Inc., Case No. Ga.), District Court Rules for Government in Action Against Cheese Manufacturer, Docket Number: 2:14-CV-13077 (E.D. Sentencing before U.S. District Judge Beth Bloom is set for March 19, 2021, in Miami. Rodis co-defendants recruited and trained telemarketing staff to answer consumer calls, during which sales staff routinely lied to homeowners about the firms success rates, ability to obtain loan modifications, and, at times, directed homeowners to stop making mortgage payments. Following a jury trial in the Southern District of Florida, Mathauda was sentenced to 200 months imprisonment. Lindo is a Jamaican national and naturalized U.S. citizen. The information also alleges that Palacio knowingly and falsely claimed in an affidavit to the FDA that a particular subject participated in the trial when, in fact, that subject had not so participated. The Court also entered a Consent Order of Forfeiture for $388,265.12, Ul Haqs portion of the proceeds from drug sales to United States customers. ); 5:16-CR-0022 (M.D. WebHome For Litigants Civil Case Flowchart Hover your cursor over the rectangles on the flowchart to learn more about the steps involved in a civil case. 18-cr-20506 (S.D. The callers threatened victims with negative credit reports, imprisonment, deportation, or property seizures that could be avoided only through the immediate payment of settlement fees to co-conspirators at the Angeluz Florida Corporation in Miami. The action is based upon the defendants past and continuing violations of the FDCA, which resulted in the unlawful administration of new animal drugs for uses not approved by the FDA and the unlawful selling of livestock for slaughter and human consumption despite the presence of unsafe drug residues in the animals edible tissues. Docket Number: 2:17-CV-0852 (D. Utah). On November 4, 2016, Sheikh Waseem Ul Haq was sentenced to time served, and three years supervised release, for his role in a long-running conspiracy to ship pharmaceuticals from Pakistan and the United Kingdom (UK) to customers in the United States. What is a civil lawsuit? According to the indictment in the case, between 2008 and 2013, USP Labs marketed the highly successful workout supplements Jack3d and OxyElite Pro, which contained a synthetic stimulant known as DMAA. He was arrested in Liberia and expelled to the United States in September 2012. This will generate a listing of nationwide court locations and case numbers where a party is involved in federal litigation. On April 26, 2019, the Eighth Circuit Court of Appeals granted the governments motion to dismiss an appeal brought by a defendant convicted of marketing and selling light-emitting medical devices as a cure-all to (primarily elderly) consumers. 4. Web(a) Voluntary Dismissal. Docket Number: 1:20-cr-123 (W.D. Docket Number: 5:18-CR-20751 (E.D. 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. Four Defendants Charged in Indictment Unsealed in Clinical Trial Fraud Case. 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 named defendants include direct mailers, printers, a cager, and a data manager who created and maintained lead lists. The consent decree subjects the defendants to heightened FDA oversight and requires them to cease all operations until the defendants implement a number of new record-keeping and operational protocols designed to ensure consumer safety. 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. For other matters of interest, see: CLOSED CASES or ARCHIVED CASE SUMMARIES. 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.). Press Release The callers falsely claimed that victims failed to pay for or receive certain product deliveries, and that victims owed thousands of dollars in fines as a result. Long did not have authorization to charge any of these victims accounts. 2. FKOL also agreed to implement a compliance and ethics program designed to prevent, detect, and correct violations of U.S. law relating to FKOLs manufacture of cancer drugs intended for terminally ill patients. According to the complaints, the CPSC collected dozens of samples of non-compliant toys and other childrens products from the defendants facilities and import shipments. Dailey was the owner and operator of Nomad Botanicals, an online business that sold kratom to consumers throughout the United States. On March 23, 2018, the district court entered a stipulated order permanently enjoining three Utah-based telemarketing companies and their owner from engaging in deceptive and abusive telemarketing practices. Several FDA inspections since 2003 have revealed numerous cGMP violations including the defendants failure to maintain equipment used to produce food in a sanitary manner, and to prevent insanitary employee practices. 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 November 3, 2016, the CEO and a senior manager of a Long Island, New York, company that fraudulently sold vending machine business opportunities were sentenced to prison. The former Elle magazine advice columnist alleges that Trump raped her in a luxury department store dressing room in the mid-1990s. Defendant Sentenced in Prescription Drug Diversion SchemeUnited States v. Karen Turner Press Release Docket Number: 1:20-cv-493 (W.D. On March 26, 2021, U.S. District Judge John F. Walter found George Masaaki Kimura in civil contempt for violating an order for permanent injunction. Summary Judgment Granted Against Manufacturer of Adulterated Dietary Supplements. The defendants manufactured dietary supplements that they sold through their website and in stores and marketed primarily to Chinese-speaking communities. All three defendants previously pled guilty to charges of conspiracy to smuggle imitation, unapproved, and misbranded prescription drugs from China. 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. The complaints were filed by the U.S. Attorneys Office for the Northern District of Ohio and the Consumer Protection Branch. Court Enters Injunction Against California Producer of Adulterated and Misbranded Soy ProductsUnited States v. Wa Heng Dou-Fu & Soy Sauce Corporation, Peng Xiang Lin and Yuexiao LinPress ReleaseDocket Number: 2:16-CV-1358 (E.D. Fla). Jury selection begins in E. Jean Carroll rape lawsuit against Trump Downing and its immediate predecessor, NuVision Pharmacy, Inc., adulterated compounded sterile injectable drugs by preparing them under insanitary conditions, and by using methods or controls that did not comply with current good manufacturing practices. Docket Number: 2:17-CV-6154 (E.D.N.Y.). In a statement of facts, Epsilon admitted that its employees sold consumer data to clients engaged in fraud despite knowing that those and similar clients had been arrested, charged with crimes, convicted, and were otherwise subject to law enforcement actions for false and misleading practices. On August 31, 2020, four individuals were charged in connection with an alleged clinical trial fraud scheme involving Miami company Unlimited Medical Research. The Court granted summary judgment in favor of the government in January. On June 29, Ronald Rodis pled guilty to conspiracy to commit mail and wire fraud for his role in Rodis Law Group, a bogus law firm that purported to offer struggling homeowners assistance obtaining loan modifications. Victims never received any lottery winnings. Biocompatibles was sentenced to pay an $8.75 million criminal fine and a criminal forfeiture of $2.25 million. Court Orders Dish Network to Pay $280 million for Illegal Telemarketing CallsUnited States v. Dish Network, LLC Press Release Kimura would deposit some of those money orders into his own bank account and forward the rest to others participating in the scheme. On February 26, 2021, U.S. District Judge Randolph Moss denied Plaintiff MediNatura Inc.s second motion for a preliminary injunction against the government. Air was pushed into the clean room through the HEPA filters. For more information, read Rule 4 of the Federal Rules of Civil Procedure or contact the PRO SE Clerk. 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. Cooperating Defendant Sentenced in Egg Contamination CaseUnited States v. Tony WasmundPress ReleaseDocket Number: 3:12-CR-3041 (N.D. Iowa). Tex.). The Court also found no reversible error related to the district courts loss calculations at sentencing, and ruled against the defendants on various evidentiary claims and other arguments. 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 defendants conspired to smuggle at least 43 known shipments, totaling approximately 106,000 pills, from China to Texas. On March 23, 2021, Indian drug manufacturer Fresenius Kabi Oncology Limited (FKOL) pleaded guilty and was sentenced by U.S. District Judge Jennifer A. Dorsey to pay a $30 million criminal fine and criminal forfeiture of an additional $20 million.