federal civil lawsuit

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. He also hid evidence from FDA inspectors and destroyed evidence while law enforcement agents were executing search warrants on his residence and business locations. ); 2:14-CV-1156 (D.N.J. The CDC estimated that thousands of additional related cases went unreported. In denying Indiviors motion, the court found the government properly alleged the conduct in the indictment and the question of whether it constitutes fraud should be decided by a jury. According to the complaint, the defendants issued thousands of prescriptions without apparent regard for patient harm, including prescriptions for a dangerous combination of an opioid, short-acting benzodiazepine, and a muscle relaxer. Vartanian previously pled guilty to one count of conspiracy to commit mail and wire fraud for his role as a salesman at Nelson Gamble & Associates and Jackson Hunter Morris & Knight LLP, companies that offered to settle credit card debts but instead took victims payments as undisclosed up-front fees. Court Orders West Texas Man to Stop Selling Purported COVID-19 Treatments, United States v. Michael Marc Travalino a/k/a Marc White Eagle 3:19-CR-00632 (N.D. Cameroonian National Extradited from Romania for Fraud Scam. On April 29, 2021, the Consumer Protection Branch filed a pre-settled complaint referred by the FTC against Utah-based Vivint Smart Home. Docket Number: 6:20-cv-140 (E.D. Sentencings for Willson and Hebert are set for August 13 and August 19, 2020, respectively. On October 6, 2017, Jonathan Wall was sentenced to probation and Onochie Aghaegbuna was sentenced to time served related to their roles in RX Limited, a fraudulent Internet pharmacy scheme. 1:20-cr-20190 (S.D. According to the complaint, the defendants also misrepresent or fail to disclose material terms of those subscriptions, including that a lump sum will be paid up front, that subscriptions will automatically renew, and that subscriptions can be cancelled only by calling a customer service center that prevents and discourages cancellations or refunds. On May 6, 2016, the district court approved a consent decree resolving the claims against all remaining defendants in this civil action for injunction pursuant to 18 U.S.C. The company severed ties with Pedersen and agreed to cooperate in his prosecution. The Court also denied two motions to intervene in the case by a data privacy advocacy group and a private individual. WebThe Civil Rights Division enforces federal laws that protect you from discrimination based on your race, color, national origin, disability status, sex, religion, familial status, or loss of other constitutional rights. On June 24, the district court entered a consent decree of permanent injunction against Wa Heng Dou-Fu & Soy Sauce Corporation and the firms co-owners, Peng Xiang Lin and Yuexiao Lin, to prevent the distribution of adulterated and misbranded soy products. Sentencing before U.S. District Judge Beth Bloom is set for March 19, 2021, in Miami. 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. 1345 against three Vietnamese defendants, Thu Phan Dinh, Tran Khan, and Nguyen Duy Toan. Docket Number: 2:20-cv-279 (D. Utah). In the lawsuit, the United States alleged that the defendants violated the FTCs Telemarketing Sales Rule (TSR) by (1) making deceptive claims to, among other things, induce consumers to purchase the defendants DVDs, (2) placing numerous calls to phone numbers on the National Do Not Call (DNC) Registry, (3) ignoring consumers prior do-not-call requests, (4) failing to make required oral disclosures, (5) failing to transmit accurate caller ID information, and (6) abandoning calls answered by consumers. The callers told victims they had failed to pay for or receive a delivery of products, and claimed that victims faced court proceedings and owed thousands of dollars in fines. A judgment against the common law claim might very well undermine the RICO claim. BEK prepared, processed, packed, and distributed ready-to-eat seafood products, namely seafood soups sold under the names Shrimp Locksley and Mamas Gumbo. The government also alleged that as part of an FDA inspection of UM Research in 2017, Palacio made a signed statement to the FDA in which she knowingly and falsely claimed that a particular clinical trial subject had participated in the trial when in fact that subject had not so participated. On July 16, 2018, the District Court permanently enjoined New York companies Euroline Foods, LLC, and Royal Seafood Baza, Inc., along with company owner/operators Eduard Shnayder, Syoma Shnayder and Albert Niyazov, and company operator Oleg Polischouk, from violating the Food, Drug and Cosmetic Act (FDCA). 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 FDA has approved Onyx only for use inside the brain. On March 30, 2018, the district court permanently enjoined a Walton, New York, creamery and its owner, Johannes Vulto, from manufacturing and distributing adulterated food. The complaint alleged the schemes targeted the elderly and generated approximately $4.8 million in annual victim losses. On October 23, 2018, the District Court enjoined Keystone Laboratories, Inc., its owner, Melinda Menke, and its operator, Elizabeth Jumet, from violating Food, Drug, and Cosmetic Act by distributing hair care and skin care products that were not manufactured, processed, packaged, or held subject to current good manufacturing practices for drugs. and Mark Berman, M.D. In January 2014, Ul Haq entered guilty pleas to all 48 counts of the indictment, which charged him with conspiracy to import and distribute Schedule II, III, and IV controlled substances, conspiracy to defraud the United States and its agencies and introduce into interstate commerce misbranded drugs, conspiracy to commit international money laundering, and numerous substantive offenses of the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act. 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. Harkonen was convicted of wire fraud in 2009 for distributing a fraudulent press release designed to boost sales of his companys main drug. A jury was selected Tuesday in E. Jean Carrolls rape lawsuit in a New York federal court. Court Restrains Tampa Pharmacy and Two Employees from Dispensing Opioids or Other Controlled Substances. The information alleged that beginning in or around February 2011, Meds IV compounded its own amino acid solution, which it then mixed with other ingredients to form TPN. In all, 22 individuals were convicted of fraud in connection with Vendstar. FDA inspectors also found deviations from current good manufacturing practice requirements in the pharmacys sterile drug manufacturing operations. (D.N.J.). The CDC eventually identified more than 700 cases of salmonellosis linked to the outbreak with illness onset dates beginning in August 2006. On January 27, 2021, U.S. District Judge Raymond P. Moore approved the entry of a deferred prosecution agreement (DPA) between the Department of Justice and Epsilon Data Management, LLC, (Epsilon). United States v. Luna, et al. WebA motion to dismiss is a formal request for a court to dismiss a case. Docket Number: 18-CR-10461 (D. Yabe was formerly the top regulatory official at the Japanese company, which also was convicted and in December was ordered to pay $85 million in criminal fines and forfeiture. On August 2, 2018, Karen Turner was sentenced to nine months in prison for wire fraud and money laundering in connection with two fraudulent pharmacies that Turner used to divert prescription drugs into the gray market. In addition to pleading guilty to international money laundering and conspiracy charges linked to RX Limited, Leroux also pleaded guilty to trafficking methamphetamine, unlicensed exportation of goods and technology from the United States to a third country, computer hacking, and accessory-after-the-fact charges. PRISONERS are now required to pay the full filing fee of $402.00 for civil actions, $5.00 for habeas corpus applications under 28 U.S.C. District Court Enters Permanent Injunction Against Brooklyn Fish Processor, United States v. Gold Star Smoked Fish Corp., et al. Texas Auto Dealer Plead Guilty in Automobile Fraud Scheme. Facebook Ordered to Pay $5 Billion Civil Penalty and Implement Enhanced Consumer Privacy Protections, United States v. Facebook, Inc. 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. Mass.). Start a report 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. 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 reality, Romeos companies sold Chinese knock-off hoodia that was imported using forged documentation. On March 3, 2016, the district court entered a consent decree of permanent injunction against Henrys Farm, Inc., and its owner, Soo C. Park. 1:21-cr-20106 (S.D. The injunction permanently enjoins the defendants from distributing unapproved, misbranded, and adulterated drugs in violation of the Food, Drug, and Cosmetic Act. At the same time, the court sentenced the principals of Quality Egg, Austin Jack DeCoster and Peter DeCoster, each to pay a $100,000 fine and to serve three months in prison followed by a year of supervised release. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. The criminal information alleged that on Feb. 21, 2014, the Centers for Disease Control and Prevention (CDC) reported that a total of eight people (five adults and three newborns) in Maryland and California were infected with L. mono. Trial for the remaining defendants is scheduled to begin June 13, 2017. Fla.). The complaint, filed with the consent decree on Dec. 18, 2017, alleged that until 2012, Dr. Reddys distributed oral prescription drugs in blister packaging that it failed to test for child resistance under the Poison Prevention Packaging Act. 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. The defendants then caused the vehicles odometers and titles to reflect false, low mileages, and they sold the vehicles for inflated prices to unwitting consumers. Defendants Appeal Dismissed in QLaser Medical Device Scam United States v. Robert Larry Lytle et al. Permanent Injunction Entered Against Seller of Dietary SupplementsUnited States v. Bethel Nutritional Consulting, Inc., Felix Eamirez, and Kariny Ramirez, Press ReleaseDocket Number: 2:15-CV-8046 (D.N.J.). Trial is set to begin in Abingdon, Virginia on May 11, 2020. Docket Number: 2:11-CV-0419 (D. Utah). On April 4, 2016, the district court issued an order of injunction to halt the distribution of adulterated cheeses. California Man Sentenced for Prescription Drug DiversionUnited States v. Joseph DallalDocket Number: 3:12-CR-922 (D.P.R. Smith was also ordered to pay $724,408.79 in restitution. Apex shipped prescription drugs, including addictive pain medications such as Fioricet, Soma, and Tramadol, to customers from across the United States who submitted orders and filled out online medical questionnaires. For example, as alleged in the complaint, Isomeric failed to conduct an adequate investigation of black particles observed in vials of product that had passed visual inspection. According to the complaint, the defendants all played roles in the schemes, which involved solicitations claiming victims had won large cash prizes. On May 20, 2015, the United States filed a criminal Information against ConAgra Grocery Products LLC, a subsidiary of ConAgra Foods Inc., alleging that the company introduced peanut butter contaminated with salmonella into interstate commerce in 2006. In addition, Valdes and Font were charged with money laundering, and Valdes was charged with making a false statement to FDA investigators during a regulatory inspection. On March 22, 2017, Cassandra Althea Palmer was sentenced to serve 24 months in prison and three years supervised release in connection with her participation in a Jamaican-based lottery scheme. 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. The group sought public access to the supply of hydroxychloroquine maintained in the Strategic National Stockpile, and alleged that the EUA violated the APA, the First Amendment, and the Fifth Amendment supposedly by curtailing physicians ability to prescribe hydroxychloroquine for COVID-19. Victims received telephone calls informing them that they had won more than one million dollars in a lottery, but that they needed to pay advance fees to claim their winnings. The remainder will be distributed among the settlement member states in alignment with terms of the agreement. 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. The defendants agreed to settle the case and to be bound by a permanent injunction that requires Wa Heng to cease all food preparation, manufacturing and distribution. An indictment is merely an allegation. Altogether, 22 individuals were convicted of fraud in connection with Vendstar. 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. (1) By the Plaintiff. Former Virginia Physician Pleads Guilty to Conspiracy to Violate the Controlled Substances Act and Food, Drug, and Cosmetics Act Related to Internet Pharmacy OperationUnited States v. Ryan, Press release The charges in the indictment stem from Indivior's marketing of Suboxone, an opioid drug used in the treatment of addiction. Long pleaded guilty in November 2019 to one count of wire fraud and one count of aggravated identity theft. United States v. Hisao YabePress Release California Man Indicted in Transnational Fraud and Extortion SchemeUnited States v. Adrianzen, Press Release On June 26, 2017, Barry Cadden, the owner and head pharmacist of New England Compounding Center (NECC), was sentenced to nine years (108 months) of imprisonment, three years of supervised release, and forfeiture and restitution in amounts to be determined later. The fraud investigation resulted in Adrianzens conviction in November 2019 for conspiracy to commit mail and wire fraud. New Jersey and Florida Companies Enjoined from Distributing Unapproved, Misbranded, and Adulterated Drugs United States v. Stratus Pharmaceuticals, Inc., et al.Press Release Before you file a lawsuit, you need to know who you are going to sue. 8:14-CR-0198-DSF; 8:15-CR-0041 (C.D. On May 27, 2020, U.S. District Court Judge Ronald A. On April 26, 2021, Cameroonian national Desmond Fodje Boba arrived in Pittsburgh following his extradition from Romania. Fla.). In pleading guilty, Lledo admitted that while working for a clinical trial company in Miami called Unlimited Medical Research, she helped to fabricate data for a clinical trial designed to test the efficacy of two asthma treatments in a pediatric population by falsely representing that subjects were participating in the trial when, in fact, they were not participating or taking the study medication as required. After obtaining payment, company employees made little effort to obtain modifications. Court Permanently Enjoins Canadian Mass-Mailers From Sending Fraudulent Solicitations United States v. Thomas, et al. District Court Enters Permanent Injunctions Against Two New York Companies Banning the Importation of Dangerous ToysUnited States v. Everbright Trading, Inc. et al. Two Mississippi Men Sentenced in Odometer Fraud SchemeUnited States v. Baine; United States v. Savarese, Press Release In many letters, Gore used a false name, claimed to be the Director/Legal Services-Collections, and threatened that lawyers would pursue legal proceedings against victims. Docket Number: 2:17-CV-14038 (S.D. Press ReleaseDocket Number: 1:15-CV-23419 (S. D. Fla.). Basnight also was ordered to pay approximately $400,000 in victim restitution. The scheme was disrupted before the elderly individual could be further victimized by the conspiracy. Registered filers to file federal court documents 24 hours a day, 7 days a week. Carrolls civil case has taken a winding road to trial. Sitesh Patel, the vice president of S.K. 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. Indivior also is alleged to have sought to boost profits by using a Here to Help program to connect opioid-addicted patients to doctors the company knew were prescribing opioids at high rates and in a clinically unwarranted manner. Me.). Justice Department Files Suit Against Tampa-Area Physician, Pharmacy, and Clinic Owners for Opioid-Related Controlled Substances Act Violations. In a complaint filed on September 20, the United States alleged that Parrish violated the Food, Drug, and Cosmetic Act by causing ready-to-eat caviar to become adulterated by being prepared, packed, or held under insanitary conditions. Before B. Brauns quality department approved either of AM2PATs changes, B. Braun began selling syringes manufactured in AM2PATs new facility. Texas Man Indicted for Alleged Illicit Importation of Vaping ProductsUnited States v. ReyesCase No. In pleading guilty, Parks admitted that, from approximately June 2017 to September 2019, he and his company, MedFitRX, unlawfully distributed selective androgen receptor modulators (SARMs) and other substances that the FDA has not approved, including Ostarine (MK-2866), Ligandrol (LGD-4033), and Testolone (RAD-140).

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federal civil lawsuit