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The Lawyer Top 20 Cases selects the biggest and most interesting court cases for the year ahead. As part of a guilty plea, Hermoza admitted that he and other callers he supervised falsely told victims that they were attorneys or government representatives. The website stated that kits would be sent in exchange for a $4.95 shipping charge, which consumers would pay by providing credit card billing information. The parties petition the court to grant a writA court's written order commanding the recipient to either do or refrain from doing a specified act. The terms of the permanent injunction and appropriate civil penalty amount will be decided by the court. On January 29, 2019, the district court issued a default judgment and permanent injunction pursuant to 18 U.S.C. One of his co-defendants will be sentenced in April, and another co-defendant is set for trial later this spring. The decree also requires a recall of all dietary supplements sold by the firm sold since January 1, 2014. On April 9, a federal grand jury sitting in Abingdon, Virginia, indicted Indivior for allegedly engaging in an illicit nationwide scheme to increase prescriptions of Suboxone. Tex.). Stark Law and Anti-Kickback Statute Cases That Can Kill Your Healthcare Venture. );2:16-CR-316 (D.N.J.) Following a jury trial in the Southern District of Florida, Mathauda was sentenced to 200 months’ imprisonment. 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. 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. As part of a global resolution, Baxter agreed to a deferred prosecution agreement and to pay a total of $16 million in criminal monetary penalties and forfeiture. § 1345), was filed against a John Doe defendant standing in for the operator of the website, whose true identity remains unknown. Two Mississippi Men Sentenced in Odometer Fraud Scheme United States v. Baine; United States v. Savarese, Press Release 19-cr-00632 (N.D. According to the CDC, several of the Maryland patients reported having eaten soft or semi-soft cheeses in the month before becoming ill. On March 11, 2014, the Food and Drug Administration suspended Roos’ food facility registration after determining there was a reasonable probability that food manufactured, processed, packed, or held by Roos would cause serious adverse health consequences or death to humans. The government’s 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. 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. On May 5, 2020, the district court entered a consent decree of permanent injunction against Gold Star Smoked Fish Corp., a New York company, and its CEO and co-owner, Rober Pinkow. On March 31, 2014, the U.S. District Court for the Eastern District of New York entered an injunction against New York City Fish, Inc., a manufacturer of ready-to-eat fishery products, including smoked salmon and mackerel, and three of its employees: Maxim Kutsyk, Pavel Roytkov, and Leonid Staroseletesky. Docket Number: 1:16-CR-20912 (S.D. On February 19, 2016, Joseph Dallal was sentenced to serve 33 months in prison in connection with two separate prescription drug diversion schemes. One surprise ruling extended the 1964 Civil Rights Act to protect LGBTQ employees, and another blocked President Trump’s repeal of the Obama-era program that protects the so-called Dreamers, the young immigrants who were brought to this country as children. Docket Number: 15-10399 (11th Circuit) Consent Decree Entered Against Three Dietary Supplement ManufacturersUnited States v. Atrium Inc., et al.Press ReleaseDocket Number: 1:15-CV-0927 (E. D. Wis.). The CDC eventually identified more than 700 cases of salmonellosis linked to the outbreak with illness onset dates beginning in August 2006. On October 27, 2015, the district court sentenced Louis Daniel Smith to 51 months imprisonment and four years of supervised release. In a complaint filed June 4, 2018, the United States alleged that inspections at Delta Pharma’s facility found numerous insanitary conditions and deviations from current Good Manufacturing Practice requirements, including failure to establish and follow appropriate written procedures that are designed to prevent microbiological contamination of drug products purporting to be sterile. Air was pushed into the clean room through the HEPA filters. Ltd., Aurora Jouffroy-Brandtner, Chantal Seguy, Marion Elchlepp, Macromark, Inc., Mary Ellen Meyer, Mail Order Solutions India Pvt. Affected customers interested in refunds can contact My Doctor Suggests LLC at (1-866- 660-9868) or email@example.com. Some victims were threatened with negative marks on their credit reports, imprisonment, or deportation. Fla.). Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. Crawford kept a percentage of the fraudulently withdrawn funds for himself and oversaw the transmission of the remaining amounts to co-conspirators in the Philippines. Recent Fed Appellate Qualified Immunity Cases Alleging Excessive Force Against Minorities. Quaglia and Fraser each were charged with several counts of mail fraud and conspiracy to commit mail fraud in connection with deceptive mass mailings that falsely promised large cash prizes in exchange for the payment of fees. Cal.). Hermoza and the other callers told victims that they must immediately pay “settlement fees” to avoid these consequences. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. Court Rules in Favor of Government in Challenge to FDA’s Authority to Regulate Genetically Modified Salmon IFR v. Azar. 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”). Long used the proceeds of his fraud to purchase airplanes, numerous vehicles, and other property. A look at the major Supreme Court rulings of 2020, including on abortion, religion and immigration. On June 8, 2017, Paul Robinson was sentenced to 37 months in prison for his role in an odometer tampering and securities fraud conspiracy. South Dakota Man Pleads Guilty in “QLasers” Medical Device ScamUnited States v. Ronald D. Weir, Jr. Press Release Ind.). The complaint also alleged that PharMedium distributed unapproved new drugs and misbranded drugs by failing to comply with requirements for drugs compounded in a registered outsourcing facility. In pleading guilty, Akinyoyenu admitted that he paid a doctor to review thousands of prescription drug orders for a small fee per order. Docket Number: 2:17-CV-6154 (E.D.N.Y.). By Joseph Fawbush, Esq. RX Limited sold prescription drugs online to U.S. consumers using U.S. physicians and pharmacies. Docket Numbers: 1:19-cr-20658 (S.D. The Court also ordered Dallal to forfeit $250,000 in ill-gotten gains. Docket Number: 5:17-CR-50022 (D.S.D.). Defense contractors performing intelligence work in England for the U.S. … Robinson owned an auto body shop located in Chesapeake, Virginia. 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. The Montana Supreme Court had blocked the $500 grants on the grounds that the state’s constitution, like those of most states, forbids giving tax money to churches or their affiliates. He instructed consumers to combine MMS with citric acid to create chlorine dioxide, add water and drink the resulting mixture to cure numerous illnesses. § 1345 against Elagoon Business Solutions Pvt Ltd., an India-based company. Both defendants pleaded guilty last year. Final proceeds from the sale of these properties will go toward restitution payments in the fraud case. From January 2013 through July 2013, Long created and deposited more than 750,000 remotely-created checks, totaling more than $22 million and drawn on the bank accounts of unwitting victims. Docket Number: 18-CR-10461 (D. As part of his plea agreement, Romeo admitted the fraud loss caused by the scheme was between $7 million and $20 million. 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. The injunction prohibits the defendants, who run a non-religious “church,” from distributing “Miracle Mineral Solution,” an industrial bleach product the defendants touted as a cure for COVID-19. According to an indictment returned last October, Xu agreed with a confidential government informant to mislabel synthetic stimulants arriving in the United States or otherwise help to hide from retailers the true nature of a proposed new dietary supplement. Docket Number: No. Blue Bell Creameries Pleads Guilty in Ice Cream Listeria Contamination Case, United States v. Blue Bell Creameries Court Enters Preliminary Injunction Against Tech-Support Wire Fraud SchemeUnited States v. Elagoon Business Solutions Pvt Ltd d/b/a Computer Phone Assist Charges Unsealed Against Three Individuals Alleged to Have Operated Massive Mail Fraud Scheme United States v. Thanos, United States v. Lett, United States v. Runner Olympus was ordered to pay $85 million in criminal fines and forfeiture, and also agreed to enact extensive compliance reforms. Mexico and Chile are among the Latin American nations planning to roll out COVID-19 vaccines this month. Code Ann. In addition to the company’s guilty plea, Roos, and its principals, Ana A. Roos and Virginia Mejia, agreed to a consent decree of permanent injunction. The FDA had specifically refused Acclarent’s request to clear the Stratus for marketing as a drug delivery device without further submissions to support that use. District Court Enjoins Pennsylvania Compounding Pharmacy from Distributing Adulterated DrugsUnited States v. Ranier’s Rx Laboratory, Inc., et al. Twenty other individuals also have been convicted in connection with Vendstar, many of whom are awaiting sentencing. Cal.). The consent decrees permanently enjoin the defendants from using the U.S. Mail to distribute fraudulent mailings or any mailings promoting similar schemes. The complaint alleged that FDA issued a warning letter to the company in 2018, and that tests in 2018 and 2019 revealed Listeria species inside the facility and E. coli in water used to irrigate sprouts. In January, the United States filed a complaint and proposed consent decree against the defendants to prevent them from distributing adulterated fish products in interstate commerce. Facebook Agrees to Pay $5 Billion and Implement New Protections of User Information in Settlement of Data-Privacy ClaimsUnited States v. Facebook, Inc. Press Release Army general apologizes for ‘miscommunication’ over vaccine shipments. 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. In addition to manufacturing and distributing products under the name Henh Wong Fresh Produce, the firm also manufactures and distributes products as Henh Wong Fresh Product and Henh Wong Tofu. Sixteen other defendants pled guilty. Docket Number: 2:18-CR-00726 (D. N.J.). Top congressional lawmakers struck a late-night agreement on the last major obstacle to a COVID-19 economic relief package costing nearly $1 trillion, clearing the way for votes as early as Sunday. Fla.) Court Enters Preliminary Injunction in Case Involving Silver Products Touted as a COVID-19 Treatment, United States v. Xephyr LLC, et al. 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. Docket Number: 19-CR-0282 (D. Docket Number: 2:17-CR-171 (E.D. Yes, the court said in a 7-2 ruling in Trump vs. Vance. Goodman served a prison term of 49 months. Docket Number: 2:19-CV-9 (M.D. Following controversy regarding the safety of DMAA, the defendants reformulated their products to contain a different substance called aegeline. Pedersen’s former company, My Doctor Suggests LLC, agreed plead guilty to a one-count misdemeanor criminal information charging distribution of misbranded drugs in violation of the Federal Food, Drug, and Cosmetic Act. U.S. Supreme Court Recent Cases. In a complaint filed in February, the United States alleged the company’s medicated feed labels did not list active drug ingredients or include adequate instructions for use. 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. Medical Device Company Pleads Guilty and is Sentenced to Pay $3 Million for Failure to Report a RecallUnited States v. ACell, Inc.Press Release The Seventh Circuit upheld the lower court’s ruling here in May 2019. The Court also imposed strong injunctive relief against Dish to prevent future violations. This report presents the latest statistics on the type and volume of civil county court cases that are received and processed through the justice system of England and Wales in January to March 2020. The criminal charge and civil complaint alleged that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono). Court Orders Oklahoma Company to Stop Selling Silver Products as a COVID-19 Treatment. BEK prepared, processed, packed, and distributed ready-to-eat seafood products, namely seafood soups sold under the names Shrimp Locksley and Mama’s Gumbo. On December 19, 2019, Johnny Hidalgo, Rodolfo Hermoza, and Francesco Guerra were extradited from Peru to face charges of conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and extortion in the Southern District of Florida. Operator of Odometer Fraud and Title Scheme SentencedUnited States v. BasnightPress Release Blue Bell agreed to plead guilty to two misdemeanor counts of distributing adulterated ice cream products and pay a criminal fine and forfeiture amount totaling $17.25 million. 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. On April 4, 2016, the district court issued an order of injunction to halt the distribution of adulterated cheeses. Some of the companies’ products were previously seized in April 2015 by the United States as unapproved and misbranded drugs. Docket Number: 2:18-CR-349 (E.D.N.Y). Court Enters Preliminary Injunction Against Telecom Carriers Alleged to Facilitate Hundreds of Millions of Fraudulent Robocalls, United States v. Palumbo, et al. On June 30, 2015, former Quality Egg marketing manager Tony Wasmund was sentenced to four years’ probation for his participation in a conspiracy to bribe a USDA Inspector, to sell restricted eggs with intent to defraud, and to introduce misbranded food into interstate commerce with intent to defraud and mislead regulators and customers. Docket Number: 5:19-cr-524 (W.D. On May 25, 2016, the Department of Justice secured a civil jury verdict in Salt Lake City, Utah, against Utah-based telemarketing defendants Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III. 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. Deputy Directors for Litigation, 8:14-CR-0198-DSF; 8:15-CR-0041 (C.D. Okla.). Docket Numbers: 15-cr-20471 (S.D. 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. In a prior inspection in December 2011, FDA also found Listeria monocytogenes (L. mono) in the production facility’s environment and on a fish-skinning machine. British Man Pleads Guilty to Wire Fraud and Aggravated Identity Theft for Fraud Scheme with Hundreds of Thousands of VictimsUnited States v. Gareth David Long, Press release On January 22, 2020, two Mississippi men were sentenced on charges stemming from their participation in a conspiracy to roll back odometers on used vehicles. and 3:15-CV-0371 (W.D.Wis.). Docket Number: 1:20-cr-104 (E.D.N.Y.). The court previously entered a temporary restraining order against the defendants on May 8, 2019. U.S. District Judge Robert N. Scola sentenced one of Guerra’s co-defendants to 88 months’ imprisonment in March. The defendants agreed to be bound by a consent decree in which they stated that they no longer manufacturer or process fish or fishery products, and only distribute prepackaged items. In a complaint filed September 10, 2020, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act and the Produce Safety Rule by growing sprouts and preparing and holding soy products that FDA inspections showed did not comply with food safety regulations. Simpson's legal troubles didn't end after he was … The Court also denied two motions to intervene in the case by a data privacy advocacy group and a private individual. In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. 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. Docket Number: 3:16-CR-0224 (W.D.N.C.). 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 list includes civil cases filed two weeks preceding the previous business day. ), 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. ); 2:15-CV-8889 (C.D. At times, Eubank lowered mileage readings by more than 100,000 miles. The jury acquitted defendants on 14 felony counts of fraud and one conspiracy count. The firm’s products were also found to be misbranded as the labels of the ready-to-eat soups failed to list all of the soups’ ingredients and failed to declare major food allergens. Sentencing for Geissler, Doyle, Patel, and S.K. Press Release If you believe you are a victim in this matter and would like to speak with someone regarding the case, please call Special Agent Chad Medaris, FDA Office of Criminal Investigations, at 214-887-4174. On December 10, 2014, the United States filed a civil action against William H. Oshiro d/b/a RZM Food Factory to enjoin him from violating the Federal Food, Drug and Cosmetic Act, including violations of current Good Manufacturing Practice standards. Prescription Drugs As part of the scheme, the Galis used fictitious dealer names to purchase high-mileage vehicles, altered the odometers and vehicle titles, obtained “clean” Pennsylvania titles reflecting the false mileages, and sold the vehicles at auctions in Pennsylvania and New Jersey. Florida Company Enjoined from Distributing Misbranded and Adulterated Medicated FeedsUnited States v. Syfrett Feed Company, Inc., et al.Press Release Sales staff routinely lied to homeowners, stating that the firms had a team of experienced attorneys, a long track record and a very high success rate. Cadden was convicted of 57 counts following trial, including racketeering, racketeering conspiracy, mail fraud, and violations of the Food, Drug and Cosmetic Act. On June 4, 2019, the district court entered two stipulated preliminary injunction orders against doctors Cesar B. Pena Rodriguez and Leovares A. Mendez to stop them from unlawfully prescribing powerful opioids linked to abuse and diversion. McLaughlin helped Burnett commit odometer fraud by fraudulently issuing new Georgia titles with false low mileages in exchange for cash. Than 700 cases of salmonellosis in 2008-09 that I know of are associated a... Mold in the United States v. Lily popular varieties & Gifts, Inc., et al v. 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