recent federal court cases
Docket Numbers: 1:14-cr-75 & 1:12-cr-489. 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 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 December 6, 2018, the Court of Appeals for the Second Circuit affirmed the convictions and sentences of five defendants who worked at Vendstar, a Long Island company that brought in more than $60 million from selling worthless candy vending machine business opportunities. Alan Phelps § 1345 against three Vietnamese defendants, Thu Phan Dinh, Tran Khan, and Nguyen Duy Toan. After these infections, all of B. Braun’s syringes manufactured by AM2PAT were recalled. Microsoft Edge. Inc. v. United States, Fed. The settlement includes significant commitments by Moody’s to improve its business practices, including: separation of Moody’s 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 company’s financial performance; enhancing Moody’s oversight over its press releases and methodology development; and certifications of compliance by the President/CEO of Moody’s with these commitments for at least five years. 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. Facebook paid the $5 billion penalty on April 29, 2020. According to the complaints, both sets of defendants manufacture their products without FDA approval and without proof of safety and efficacy. Our Firm . growth and toxin formation in susceptible fish and fishery products. TPN is liquid nutrition administered intravenously to patients who cannot or should not receive their nutrition through eating. Florida Resident Sentenced in Connection with Jamaica-Based Lottery ScamUnited States v. Cassandra Althea PalmerPress Release He admitted he had no face-to-face contact with customers, who themselves chose the type, strength, and quantity of drugs they ordered. 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. The fraud investigation resulted in Adrianzen’s conviction in November 2019 for conspiracy to commit mail and wire fraud. Federal Courts. Many of the drugs sold by the defendants were generic drugs that were unapproved for sale in the United States; others were Schedule III steroids or drugs used by steroid users, such as clenbuterol. Press Release The court sentenced SK Laboratories, based in Anaheim, California, the following day to two years of probation and $6 million in criminal forfeiture for its role in distributing the supplement. Docket Number: 1:16-CV-2770 (E.D.N.Y.). Under the terms of the agreement, B. Braun will increase oversight of its product suppliers by conducting on-site audits of companies that design and make finished products that bear the B. Braun name on the label or logo and testing such products for sterility, identity and purity, as appropriate, on a periodic basis. Sentencing for USP Labs is set for Aug. 19, 2019. Two of these rulings, from the federal district court in Chicago, were recently unsealed and provide a detailed constitutional analysis that closely aligns with arguments EFF and others have been making against geofence warrants for the last couple years. Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. Both men pleaded guilty in July 2019 to conspiracy to alter odometers. This database updates at midnight each day. In pleading guilty, Ryan admitted that from 2007 through 2010, he unlawfully authorized more than 158,000 drug orders placed by customers using websites to purchase prescription drugs, including Fioricet, a drug that contains butalbital, a controlled substance. 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. An official website of the United States government. and United States v. Global Voicecom, Inc., et al. Several FDA inspections since 2011 revealed violations of seafood Hazard Analysis and Critical Control Point (HACCP) regulations and current Good Manufacturing Practice regulations. and United States v. Michael P. Tricaso, D.O.Press Release Complications from the disease can also lead to miscarriage. Va.). Docket Number: 4:20-cv-46 (W.D. Blue Bell also agreed to pay an additional $2.1 million to resolve civil False Claims Act allegations regarding ice cream products manufactured under insanitary conditions and sold to federal military facilities. On June 21, 2016, David Allen and William Rogers were sentenced to 12 months and 10 months in prison, respectively, in connection with the distribution of adulterated drugs. Delaware Cheese Company Pleads Guilty to Food Adulteration Charge; Company and Individuals Also Enter Consent DecreeUnited States v. Roos Foods, Inc. Press ReleaseDocket Number: 1:16-MJ-0013 (D. Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Felecia Roxanne Lindo Copyright © 2021, Thomson Reuters. The court sentenced Gutierrez to 51 months’ imprisonment, and Podesta and Polo to 46 months’ imprisonment. -CCE -CCE Today we’re going to review the state of the art, as it were, of Daubert in product liability cases by examining the four most recent published Court of Appeals opinions. Defendant’s Appeal Dismissed in “QLaser” Medical Device Scam United States v. Robert “Larry” Lytle et al. Mass.). Afin de profiter d'une expérience maximale sur ce site, nous vous conseillons d'utiliser un navigateur récent. Under the order, the defendants would need to notify FDA and take remedial steps before processing various types of food. Sentencing before U.S. District Judge Beth Bloom is set for April 16, 2021, in Miami. The cap does not apply to name searches, reports that are not case-specific and transcripts of federal court proceedings. Docket Number: 1:17-CV-03751; 1:17-CV-03752 (E.D.N.Y.). Va.). The Statement of Facts addresses Moody’s representations to investors and the public generally about: (1) its objectivity and independence; (2) its management of conflicts of interest; (3) its compliance with its own stated RMBS and CDO rating methodologies and standards; and (4) the analytic integrity of certain rating methodologies. To aid those professionals, and to facilitate greater understanding of the FOIA overall, OIP posts … The issue of corrective statements to appear at retail locations where cigarettes are sold is being litigated on a separate track before the district court. Register for a PACER account. Trial is set to begin in Abingdon, Virginia on May 11, 2020. At the time of their sentencings, both defendants had been incarcerated for approximately 4 years, including time spent in an English jail. The Court found that given the egregiousness, seriousness, and willfulness of defendants’ past violations, coupled with their dubious promises of reform, a permanent injunction is necessary to prevent a substantial likelihood that defendants will violate the Act in the future. Physicians & Surgeons v. FDA. Firearm case law in the United States is based on decisions of the Supreme Court and other federal courts. U.S. Supreme Court Recent Cases. On March 27, 2015, a federal district court entered a consent decree of permanent injunction against L.A. Star Seafood Company, Inc. of Los Angeles, and its corporate officers Sima Goldring and Sam Goldring to prevent the distribution of adulterated seafood products. The order also will apply to any social media campaigns by the companies to promote cigarettes. Using a Recent Federal Court Case at Your Next IEP Meeting. Docket Number: 1:15-cr-20471 (S.D. Ga.). Calif.). Fla.). The indictment alleges that Mario Castro, Jose Salud Castro, Salvador Castro, Miguel Castro, and Jose Luis Mendez all worked at printing and mailing businesses that sent the fraudulent mailings and shared in the resulting profits. Victims sent money to mailboxes located in the United States and received no cash prizes. The complaints were filed by the U.S. Attorney’s Office for the Northern District of Ohio and the Consumer Protection Branch. The complaint further alleged that two FDA inspections revealed poor sanitation practices, including failures to sanitize hands, utensils, and food surfaces; insect residue throughout the building; and a pet dog in the facility. Allen was the former pharmacist-in-charge of Meds IV and Rogers was the former president of Meds IV. Internet Pharmacy Operator Sentenced to 25 Years’ Imprisonment for Wide-Ranging Criminal Enterprise, United States v. Leroux (S.D.N.Y.) In pleading guilty, Lovisa admitted that he sent prize-promotion mailings that misled recipients, many of whom were elderly, into believing that they could claim and receive large cash prizes in exchange for modest fees. Some victims lost thousands of dollars in the scheme. The defendants, Guy Lyman of New Orleans, Louisiana, and James Hill of Ocala, Florida, each sold products that they marketed as treatments for herpes. United States v. Kafeiti, et al. This case was initiated in 2011, alleging that the defendants, Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III, committed widespread violations of the FTC Act and Telemarketing Sales Rule (TSR) in various telemarketing campaigns to sell DVDs and movie tickets, and in charitable solicitation call campaigns. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. The resolution also includes a civil settlement with the federal government, including a payment of approximately $2.158 million, to resolve allegations that Baxter submitted false claims to the Department of Veterans Affairs in violation of the False Claims Act. The fine represents Akinyoyenu’s pecuniary gain from the crime. Court Denies Indivior's Motion to Dismiss Indictment Alleging Illegal Opioid Marketing Docket Number: 6:18-CR-0004 (D. Following a jury trial in the Southern District of Florida, Mathauda was sentenced to 200 months’ imprisonment. On August 14, 2018, Xu Jia Bao (a/k/a Fred Xu) pleaded guilty to wire fraud in connection with a scheme to sell mislabeled dietary supplements containing hidden synthetic stimulants. Victims never received any lottery winnings. The court in both matters granted temporary restraining orders to limit the defendants’ ability to distribute or dispense controlled substances. Docket Number: 2:18-CR-0031 (E.D.N.Y.). Press release Global consumer goods conglomerate Reckitt Benckiser Group plc (RB Group) has agreed to pay $1.4 billion to resolve its potential criminal and civil liability related to a federal investigation of the marketing of the opioid addiction treatment drug Suboxone. In a complaint filed with the consent decree on May 4, the United States alleged that the defendants processed and packed fish and fishery products under chronic insanitary conditions, as demonstrated by the presence of the pathogenic bacteria L. mono in defendants’ Brooklyn facility and in their ready-to-eat products. Dietary Supplement Manufacturer Enjoined from Distributing Adulterated, Misbranded Products Marketed as DrugsUnited States v. EonNutra LLC et al.Press Release On August 29, 2019, U.S. District Judge Roy K. Altman sentenced three residents of Lima, Peru in connection with a fraud and extortion scheme that targeted Spanish-speaking victims in the United States. Fla.). Victims were instructed to send small processing fees – typically $20 or $25 – to claim the prizes. A hearing for the defendants to show cause why a preliminary injunction should not issue is scheduled for April 17, 2018. Cal. On December 5, 2014, Dallal pled guilty to two counts of conspiracy to commit mail and wire fraud. On November 19, 2018, the district court entered a temporary restraining order against 15 defendants alleged to have been involved in mailing fraudulent solicitations related to three prize promotion schemes. S. marcescens is a bacteria that can cause bloodstream infections if introduced into the bloodstream through contaminated medications. Docket Number: 2:20-cv-279 (D. Utah). The $36 million global resolution relates to the medical device LC Bead, which is used to treat liver cancer. FDA inspectors also found deviations from current good manufacturing practice requirements in the pharmacy’s sterile drug manufacturing operations. Employee of Chinese Chemical Supplier Sentenced in Scheme to Sell Mislabeled Dietary SupplementsUnited States v. GaoPress Release Docket Number: 2:17-CV-6154 (E.D.N.Y.). §§ 331(d) and 333(a)(2). Fla.). As part of the scheme, a victim in Maryland was contacted by an individual in Jamaica and told that she had won a multi-million dollar lottery prize, but that in order to collect her lottery prize, she first had to pay taxes and fees. The complaint also alleged that the company failed to manufacture its medicated feeds in conformity with current good manufacturing practices. 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. The Malaysian Federal Court has recently, in the case of Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd [2019] 2 CLJ 723 decided on the often debated point of law relating to the application and effect of liquidated damages clauses.. On April 29, 2019, Caprice R. Bearden was sentenced in Indianapolis for her role in a conspiracy to defraud the U.S. Food and Drug Administration concerning the distribution of under- and over-potent compounded drugs. On November 12, 2019, a grand jury charged six Las Vegas-area residents in connection with a fraudulent mass-mailing scheme that allegedly tricked hundreds of thousands of consumers into paying more than $10 million in fees for purported cash prizes. The defendants were executives of Acclarent, a start-up company that was acquired by Johnson & Johnson in 2010. On January 8, 2020, Lawrence B. Ryan pleaded guilty in the Eastern District of Virginia, Norfolk Division, to one count of conspiracy to unlawfully distribute controlled substances and to introduce into interstate commerce misbranded drugs with intent to defraud or mislead. Begin typing to search, use arrow keys to navigate, use enter to select. Medical Device Maker ev3 Agrees to Plead Guilty and Pay $17.9 Million for Distributing Adulterated “Onyx” DeviceUnited States v. ev3, Inc., et al.Press Release The court’s order followed an eight-day bench trial that concluded in March. Among other things, Raventos admitted that she falsely represented in medical records that pediatric subjects were participating in the trial when, in fact, they were not participating or taking the study medication. 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. International Mass-Mailers Enjoined from Further Participation in Fraudulent Solicitation SchemesUnited States v. Alexander Quaglia, et al. On Feb. 20, 2018, the district court issued a temporary restraining order pursuant to 18 U.S.C. Tex.). In fact, there are currently no legitimate COVID-19 vaccines in existence. The defendants agreed to be bound by a consent decree of permanent injunction filed with a complaint in November 2019. Conclusion If you plan to sue, or if you are sued, it is important to contact an attorney immediately, because the clock is running. If a case was frivolously removed to federal court, the case the court has the power to punish the defendant by awarding attorneys’ fees to the plaintiff along with remanding the case. Click here for more. However, B. Braun resumed buying syringes from AM2PAT without going to the new facility, and despite receiving new information showing that AM2PAT moved manufacturing equipment into its new facility without validating that the equipment worked as expected. Docket Number: 1:19-cr-16 (W.D.V.A.). 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. Sitesh Patel, the vice president of S.K. 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. In pleading guilty, Bencosme admitted that she, as principal investigator at Unlimited Medical Research, 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, as required. Dailey was the owner and operator of Nomad Botanicals, an online business that sold kratom to consumers throughout the United States. Many of the victims were elderly. Docket Number: 2:19-cr-295 (D. Nev.). Sentencings for Willson and Hebert are set for August 13 and August 19, 2020, respectively. Vendstar sales representatives misrepresented to victims the likely profits they would earn, how past customers were doing, the availability of high-profit locations, and services that purported locating companies would provide. The injunction requires the defendants to destroy dietary supplements that are in their possession and implement several consumer safety measures before resuming the manufacturing or distributing of dietary supplements. § 1343. Docket Number: 2:18-CV-283 (D. Nev.). Docket Number: 3:17-CV-04911 (D.N.J). Welcome to FindLaw's searchable database of United States Federal Circuit decisions since January 1995. Olympus pleaded guilty to three misdemeanor counts and Yabe to one misdemeanor count of violating the Federal Food, Drug, and Cosmetic Act by failing to file the required reports with the U.S. Food & Drug Administration. On August 12, 2020, Andrea Burrow pleaded guilty to conspiracy to commit mail fraud based on her participation in a scheme that cheated victims, many of whom were elderly and vulnerable, out of more than $10 million. Here’s a look at five major federal contracts cases to watch in 2020: 1. Fla.). The Summons and Complaint in this matter may be found at this LINK. Deputy Directors for Litigation, 8:14-CR-0198-DSF; 8:15-CR-0041 (C.D. On August 6, 2018, the District Court permanently enjoined a group of entities and individuals alleged to have been involved for more than a decade in predatory mail fraud schemes that targeted primarily elderly victims throughout the world. According to the complaint, FDA inspections performed in 2012, 2013 and 2014 revealed that the company’s dietary supplements are adulterated within the meaning of the Food, Drug, and Cosmetic Act because the company failed to follow various requirements, including testing its dietary ingredients to verify their identity before using them.