federal civil lawsuit

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. An information filed the same date charged the company with two misdemeanor counts of adulterating food in violation of the Federal Food, Drug, and Cosmetic Act. Docket Number: 2:18-CR-349 (E.D.N.Y). Defendant Sentenced for Role in Jamaican Lottery ScamUnited States v. Vania Lee AllenPress Release Under Rule 4 (a) this is to be followed forthwith by issuance of a summons and its delivery to an officer for service. 841(a) and (b)(l)(B). Indian Cancer Drug Manufacturer Sentenced for Concealing and Destroying Records in Advance of FDA Inspection. United States v. Valdes et al., In addition, the company is paying $25 million to resolve civil allegations under the False Claims Act. The remaining three defendants are all in custody in the Philippines and awaiting repatriation/extradition. Docket Number: 2:20-cv-6692 (C.D. During the course of the scheme, Rodis Law Group and Americas Law Group obtained more than $9,000,000 from over 1,800 homeowners. Docket Number: 2:20-cv-10032 (E.D. Guide To Civil RICO Litigation In Federal Courts White entered a temporary restraining order against an Oklahoma company that touted an unapproved colloidal silver product as a COVID-19 treatment. The court also observed that even if it had jurisdiction to consider plaintiffs challenge to the FDA guidance document, the plaintiffs request to enjoin FDA from conducting an enforcement action was an impermissible attempt to test a defense pre-enforcement. 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.). 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. 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. Court Permanently Enjoins Canadian Mass-Mailers From Sending Fraudulent Solicitations United States v. Thomas, et al. Mathauda also appealed the courts denial of his motion to proceed pro se, arguing that he had made a clear and unequivocal request to proceed pro se before his sentencing and that the denial of the motion without a hearing violated his Sixth Amendment right to self-representation. 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. 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. Sentencing is set for February 20, 2020. Summons and Complaint -- When the United States Attorney decides a federal civil law has been violated, a civil litigator, known as an Assistant U.S. Attorney, files a Summons and Complaint in U.S. District Court and has a copy of the documents served on the alleged offender, who is called the defendant. 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. The complaint alleges that when consumers asked the defendants not to call them again, their requests were often ignored. United States v. Pharmaceutical Innovations Inc. and Charles Buchalter; Pharmaceutical Innovations, Inc. v. U.S. Food & Drug Admin; Docket Number: 2:14-CV-6139 (D.N.J. 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. Violations included having mold covering the ceiling of the walk-in cooler and moving racks of buns from the floor to food production surfaces without sanitizing them. Donald Trump's legal cases and investigations, in one place - USA Secure .gov websites use HTTPS New Jersey Dietary Supplement Executive Pleads Guilty to Fraud, FDCA Charges UnitedStates v. David Romeo, Press ReleaseDocket Number: 2:16-CR-092 (D.N.J.). Lindo received victims money, kept a portion for herself, and sent the remainder to individuals in Jamaica. Wall previously pleaded guilty to one count of conspiracy to violate the Federal Food, Drug, and Cosmetic Act (FDCA). 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. Pursuant to the decree, the defendants must cease all operations and obtain FDAs approval before resuming the manufacture of dietary supplements in the future. On December 10, 2018, Olympus Medical Systems Corp. and its former top regulatory official, Hisao Yabe, pleaded guilty to failing to file required adverse event reports involving infections connected to the companys duodenoscope device. Fla.). Laboratories is set for Aug. 12, 2019. Cal.). Summary Judgment Granted Against Manufacturer of Adulterated Dietary Supplements. 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. Four Individuals Charged in Connection with Clinical Trial Fraud Scheme. 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. Tex). Docket Number: 2:11-CV-0419 (D. Utah). Tyre Nichols' family files federal civil lawsuit against Memphis and Download the Civil Case Flowchart (PDF) Many alleged victims were elderly or otherwise vulnerable. 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. Defendant Sentenced in Multi-Million-Dollar Prize Promotion Scams Targeting Elderly Victims United States v. Burke and RossiPress Release Additionally, the defendants instructed others to destroy evidence once they became aware that they were under investigation. On Jan. 23, 2018, the 11th Circuit Court of Appeals affirmed the convictions and sentences of three defendants found guilty of fraud and other charges related to the distribution of contaminated peanuts and peanut products by Peanut Corporation of America. On May 1, 2020, the United States filed a criminal information and plea agreement resolving charges that Texas-based ice cream manufacturer Blue Bell Creameries shipped listeria-contaminated products in 2015. On August 22, 2018, civil enforcement actions under the Controlled Substances Act were unsealed against two physicians alleging the illegal distribution and dispensing of opioids and other controlled substances. 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. Florida Company Enjoined from Distributing Misbranded and Adulterated Medicated FeedsUnited States v. Syfrett Feed Company, Inc., et al.Press Release 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. Docket Number: 3:16-CR-313-RJC (W.D.N.C.). WebFind a local Civil Litigation attorney in your state. E. Jean Carroll says former President Donald J. Trump attacked her in a department store. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products. Sentencing before U.S. District Judge Beth Bloom is set for April 16, 2021, in Miami. Former President Trumps legal team has requested a mistrial in E. Jean Carrolls civil suit against him, citing unfair rulings. On June 19, 2019, four individuals were charged in connection with an alleged scheme involving payments from victims of numerous international mass-mail fraud campaigns. (Joel) Frantzman, to prevent the distribution of adulterated seafood products. Cal.). Docket Number: 1:20-cv-2016 (E.D.N.Y.). Following controversy regarding the safety of DMAA, the defendants reformulated their products to contain a different substance called aegeline. 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. Basnight pleaded guilty in January to one count of conspiracy to commit odometer tamping and securities fraud. On December 4, 2018, the Consumer Protection Branch and the U.S. Attorneys Office for the District of Massachusetts announced an agreement with ev3, Inc., regarding a misdemeanor criminal plea, as well as a criminal fine and forfeiture totaling $17.9 million, to resolve the companys liability for distributing Onyx Liquid Embolic System medical devices that were adulterated under the Food, Drug, and Cosmetic Act. His conduct in this case violated the injunction. Peruvian Man Sentenced to 100 Months Imprisonment for Overseeing Call Centers that Threatened and Defrauded American Consumers United States v. Hidalgo Fla.). 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. FDA inspectors also found deviations from current good manufacturing practice requirements in the pharmacys sterile drug manufacturing operations. The United States criminal trial against Indivior is scheduled to begin on May 11, 2020. Victims of the scheme received telephone calls about substantial lottery prizes they supposedly had won. The defendants included direct mailers who organized the scheme, mailing list managers, cagers who opened and processed victim returns, and payment processors. Docket Number: 1:21-cr-00006-RM (D. Colo.). A .gov website belongs to an official government organization in the United States. Physicians & Surgeons v. FDA. He was arrested in Liberia and expelled to the United States in September 2012. The callers claimed to be attorneys or government representatives and falsely told victims that they had failed to pay for or receive a delivery of products. Smith attempted to conceal his illegal activities by creating phony businesses to smuggle ingredients and destroying evidence when law enforcement agents executed a search warrant. Top Regulatory Official at Medical Device Company Sentenced Docket Number: 2:17-CV-6154 (E.D.N.Y.). An official website of the United States government. 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. Fifth Defendant Sentenced in Debt Relief Fraud SchemeUnited States v. Nelson et al. The remaining two defendants, Mark Grenon and his adult son, Joseph Grenon, are now permanently enjoined from distributing Miracle Mineral Solution, an industrial bleach product the defendants touted as a cure for COVID-19 and a plethora of other serious diseases. Court Enters Permanent Injunction and Civil Penalty Against Utah Telemarketers United States v. Feature Films for Families, Inc., et al.Press Release (1) By the Plaintiff. In addition to entering the preliminary injunction, the court set a show cause hearing for May 11 regarding the defendants alleged violations of the previously issued temporary restraining order. United States Seeks Temporary Restraining Order Against Fraudulent Online Stores Purporting to Sell COVID-19 Health and Safety Products United States v. Thu Phan Dinh, et al. In affirming the district courts decision, the Court of Appeals held that the statute of limitations for such a violation does not begin to run until a company finally files the required report, and that the Act allows courts to impose forward-looking injunctive relief. Trial began on May 16 and lasted eight days. Some victims were threatened with negative marks on their credit reports, imprisonment, or deportation. Mich.). 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. Lock 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. No sentencing date has been set. Prior to the filing of the complaint, Oshiro shuttered his business and agreed to a consent judgment wherein he will be required to obtain FDA approval before re-opening. Defendant Pleads Guilty in Clinical Trial Fraud Scheme. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. Court Orders New York Company and its Operators to Stop Distributing Adulterated Dietary Supplements. Ul Haq and Saeed were arrested in England in October 2012, and held without bond until they were extradited to the United States in the spring of 2013. Both companies, along with five individuals, pleaded guilty last year. Docket Number: 1:16-CV-2770 (E.D.N.Y.). On May 8, 2019, the court sentenced Matthew Dailey to 24 months in prison for the illegal importation and sale of kratom, which he sold to consumers as a purported treatment for various serious diseases and medical conditions, including opiate withdrawal symptoms. A preliminary injunction hearing is scheduled for December 3, 2018. In return, victims received worthless costume jewelry. The United States alleged in an October 2017 complaint that inspections at a facility that Blanchet previously owned found numerous violations of the current Good Manufacturing Practice regulations, including failing to adequately control the risk of Listeria monocytogenes (L. mono) and Clostridium botulinum toxin formation in fish or fishery products. Owner of Texas Sport Supplement Company Ordered to Forfeit $3.5 Million for Unlawful Distribution of Steroid-like Drugs. Press Release On June 6, 2018, the United States filed a civil action seeking to enjoin Innovative BioDefense, Inc., of Lake Forest, California and its CEO, Colette Cozean, from distributing Zylast antiseptic hand sanitizer products that are unapproved new drugs under the Federal Food, Drug, and Cosmetic Act. 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. Basnight also was ordered to pay approximately $400,000 in victim restitution. It depends entirely on the nature of the TPN is liquid nutrition administered intravenously to patients who cannot or should not receive their nutrition through eating.
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