According to the complaint, when prospective customers failed a credit check, Vivints sales representatives used the identities and credit reports of other, unknowing consumers to complete the sale on multiple occasions over several years. Ryan also agreed to forfeit $316,153, the sum of money he was paid by RX Limited. The court also found that defendants had distributed adulterated tuna salad sandwiches due to their failure to implement a plan pursuant to the agencys Seafood Hazard Analysis and Critical Control Point (HAACP) regulations. Both companies, along with five individuals, pleaded guilty last year. MD.). Civil Penalty and Permanent Injunction Entered Against Dr. Reddys Laboratories, Inc. Related to Child-Resistant Drug PackagingUnited States v. Dr. Reddys Laboratories, Inc.Press ReleaseDocket Number: 3:17-CV-13219 (D.N.J.). This case presents the following issues: (1) Is a grant of Three defendants, including Rodis, opened Rodis Law Group and advertised loan modification assistance nationwide. Docket Number: 5:19-cr-524 (W.D. On August 2, 2017, the district court entered a consent decree of permanent injunction against Everbright Trading, Inc., its owner Yuan Xiang Gao, and its operator/manager Rong Qing Xu. The 10 counts of conviction were misdemeanor counts related to the same conduct. United States v. Indivior Inc. et al. The complaint alleges that Dr. Tobias Bacaner, Theodore Ferguson II, and Timothy Ferguson used Paragon Community Healthcare Inc., to unlawfully issue controlled substance prescriptions, and Cobalt Pharmacy Inc., to unlawfully fill controlled substance prescriptions, all in violation of the Controlled Substances Act. Docket Number: 3:17-CR-547 (N.D. According to the charging document, the amino acid was prepared by Meds IV outside a laminar airflow workbench and was kept unrefrigerated, in a room that was not sterile, in a large pot sitting on the floor, sometimes overnight, before it was sterilized and used. Docket Number: 15-10399 (11th Circuit) 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. 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. Individuals, organizations, and businesses involved in lawsuits fall under civil law cases. 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. The settlement includes a $437.5 million federal civil penalty, which is the second largest payment of this type ever made to the federal government by a ratings agency. Witness Testimony and Cross-Examination Press Release Docket Number: 1:18-CV-04689-ENV-CLP (E.D.N.Y.). Court Enters Temporary Restraining Order Against Fraudulent Online Stores Purporting to Sell COVID-19 Health and Safety ProductsUnited States v. Thu Phan Dinh, et al. Aghaegbuna previously pleaded guilty to conspiracy and a substantive violation of the FDCA, as well as one count of conspiracy to commit international money laundering. Tenn.). The consent decree requires the defendants to establish and implement a quarantine or segregation system that ensures ready distinction between medicated and unmediated animals and that prevents defendants from selling or delivering for food slaughter any animals with illegal new animal drug residues in their edible tissues. The settlement requires Facebook to pay a $5 billion civil penalty and amends the 2012 FTC order by requiring Facebook to implement comprehensive new privacy measures, including creating an independent assessor and independent privacy committee to oversee compliance with the order; conducting privacy reviews for all Facebook-owned products and services, including Instagram and WhatsApp; and committing to annual compliance certifications by Facebook CEO Mark Zuckerberg. 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). Allen's co-conspirator falsely informed the victim by phone that the victim had won money in a lottery, and instructed the victim to make payments to various people in order to collect the purported lottery winnings. According to an indictment returned in October 2017, Zhang and two co-defendants agreed with a confidential government informant to either mislabel synthetic stimulants such as 1,4-DMAA or otherwise help to hide the true nature of a proposed dietary supplement from retailers. 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. All three defendants previously pled guilty to charges of conspiracy to smuggle imitation, unapproved, and misbranded prescription drugs from China. In reality, Romeos companies sold Chinese knock-off hoodia that was imported using forged documentation. 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. The Court also ordered Dallal to forfeit $250,000 in ill-gotten gains. The Right to an Attorney. 19-cv-03073 (E.D.N.Y.). A civil action or suit starts when individuals or corporations disagree on a legal matter, such as the terms of a contract or the ownership of a piece of property. (D.N.J.). The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. The Second Circuit previously affirmed the conviction and sentence of Ned Weaver, the manager of the scheme. 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. 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. Robinson also was ordered to pay $320,797.82 in restitution to the victims of the scheme. Court of Appeals Affirms Convictions and Sentences for Peanut Corporation of America Salmonella-Outbreak DefendantsUnited States v. Stewart Parnell, Michael Parnell, and Mary Wilkerson United States v. Christopher Reyes, Case No. Complications from the disease can also lead to miscarriage. In a complaint filed July 27, the United States alleged that inspections at Isomeric revealed a number of insanitary conditions, including the presence of several types of microorganisms in the air and on surfaces used for sterile processing, as documented by the companys own records. In addition to two years imprisonment, Judge Judith E. Levy also sentenced Dailey to three years of supervised release. Both defendants pleaded guilty last year. District Court Issues First-of-its-Kind TRO to Stop Tennessee Pharmacies and Pharmacists from Dispensing OpioidsUnited States v. Oakley Pharmacy, Inc. et al. Mich.). The injunction requires the defendants to implement certain remedial measures and obtain written approval from the FDA before resuming any manufacture of drugs or dietary supplements. District Court Enters Permanent Injunction Against Chicago Sprout and Soybean Products Company, United States v. Fortune Food Product, Inc. et al. Docket Number: 2:17-CR-171 (E.D. Prescription Drugs Spokane, Washington Man Sentenced to 51 Months Imprisonment for Selling Industrial Bleach as Miracle Cure United States v. Smith, Press ReleaseDocket Number: 2:13-CR-14 (E. D. Wash.). 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. Third Defendant Pleads Guilty in Clinical Trial Fraud Scheme. Dallal was previously charged in the District of Puerto Rico and the Southern District of Ohio for selling illegally-sourced prescription drugs in connection with two distinct drug diversion schemes. ); 2:15-CV-8889 (C.D. Elderly victims of the scheme were contacted and falsely told that they had won millions of dollars in a lottery or sweepstakes. 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. The orders enjoin the defendants from distributing or dispensing any controlled substances defined as opiates and opioids under the Controlled Substances Act (CSA), and from altering, deleting, destroying, mutilating, or transferring any records related to their controlled substance prescriptions or related treatment. At times, telemarketers directed homeowners to stop making their mortgage payments. Docket Number: 2:17-CV-14038 (S.D. 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. Docket Number: 1:20-cv-21601 (S.D. Press release Under the proposed consent decree, Downing will be enjoined from manufacturing drugs in violation of the FDCA and will be required to cease operations until FDA determines that the company has brought its conduct into compliance with the law. Trial began on May 16 and lasted eight days. Martin Valdes, Fidalgis Font, Julio Lopez, and Duniel Tejedawith engaging in a scheme to fabricate clinical trial data for profit while working at Tellus Clinical Research, a Miami medical clinic. Docket Number: 3:16-CR-313-RJC (W.D.N.C.). In addition to imposing a civil penalty, the order permanently enjoins Dr. Reddys from distributing household oral prescription drugs in violation of the law and requires Dr. Reddys to implement a compliance program. The money laundering was in connection with an international lottery fraud scheme involving co-conspirators in Florida and Jamaica. Young and Barka sent fraudulent prize notification letters to victims in the United States and numerous other countries. 1:21-cv-810 (N.D. Ga.). On December 13, ConAgra Grocery Products LLC, a subsidiary of ConAgra Foods, pleaded guilty to a misdemeanor Food, Drug, and Cosmetic Act charge in connection with a 2006-2007 nationwide salmonellosis outbreak. 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. Tex.). The U.S. Centers for Disease Control and Prevention (CDC) reported that 64 patients in nine states died. Weir is set to be sentenced on May 12, 2017. Civil Court Cases. (respectively). On Feb. 20, 2018, the district court issued a temporary restraining order pursuant to 18 U.S.C. Docket Number 19-cv-06589 (E.D.N.Y.). On May 25, 2018, the district court entered a consent decree of permanent injunction against Michel G. Blanchet, permanently enjoining the defendant from preparing, processing, and distributing fish or fishery products that are adulterated under the Food, Drug, and Cosmetic Act. Court Orders Non-Religious Florida Church to Stop Selling Unlawful Bleach Product as Coronavirus Treatment. As part of the permanent injunction, the district court ordered equitable disgorgement with refunds to consumers to be administered by a court-appointed special master. Docket Number: 6:18-CR-0004 (D. As the court found, Spectrum received about 1,600 reports of broken handles between 2008 and 2012, when it finally reported the problem to the CPSC. 1345 from fraudulently selling its silver dietary supplements as a protection and treatment for novel coronavirus (COVID-19). A civil case is a dispute between two citizens in which one person sues another. Docket Number: 2:18-CR-349 (E.D.N.Y). Cyril Willson, who helped to formulate the companys products, and Mathew Hebert, one of the owners of USP Labs, pleaded guilty to introducing misbranded food into interstate commerce with the intent to defraud or mislead. Flipboard. Docket Number: 4:20-cv-46 (W.D. On Feb. 22, 2018, Thomas Ressler pleaded guilty to one count of conspiracy to commit mail fraud for his role in a large-scale international mail fraud scheme. On December 5, 2014, Dallal pled guilty to two counts of conspiracy to commit mail and wire fraud. The Court sentenced ACell to pay a fine of $3 million. Canadian Men Charged in Alleged Mass-Mailing Elder Fraud Schemes United States v. Quaglia et al. 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. 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. On October 30, 2020, Lisett Raventos of Miami, Florida, pleaded guilty to one count of conspiracy to commit wire fraud in connection with an alleged clinical trial fraud scheme at a Miami clinical research company, Unlimited Medical Research. 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. The court found that the government's actions before the grand jury were neither improper nor misleading, and the court denied Indivior's motion to dismiss the indictment. Yabe is scheduled to be sentenced on March 27. The violations stemmed primarily from norovirus outbreaks connected to employees failure to follow company food safety protocols at company-owned restaurants. On October 27, 2015, the district court sentenced Louis Daniel Smith to 51 months imprisonment and four years of supervised release. Docket Number: 1:17-CR-0109-MOC-DLH (W.D. FDA testing on samples of the gel tested positive for bacterial contamination. Court Rules in Favor of Government in Challenge to FDAs Authority to Regulate Genetically Modified Salmon IFR v. Azar. 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. Four Individuals Charged in Clinical Trial Fraud Scheme, United States v. Bencosme, et al. Cuzcano admitted that he managed and supervised call centers that were operated as part of the scheme in which the defendants and their employees falsely claimed to be lawyers, court officials, federal agents, and representatives of a supposed minor crimes court. According to court documents, Cuzcano and his co-conspirators falsely told victims that they had a contractual obligation to pay for and receive products and had caused legal problems for themselves and others by allegedly failing to do so. On March 27, 2018, the district court permanently enjoined dietary supplement distributor MyNicNaxs LLC, and two principals of the company, Chevonne Torres and Michael Banner, from selling and distributing unapproved and misbranded new drugs. Ill.). One of the primary ingredients sold by Romeos companies was powder purportedly derived from a rare South African cactus called hoodia, which was claimed to have weight-loss properties. 841(a) and (b)(l)(B). Despite the fact that the company had told the FDA that the Stratus was intended to maintain an opening to a patients sinus, Facteau and Fabian launched the product intending it to be used as a steroid delivery device. Fla.). Indivior Inc. Indicted for Fraudulently Marketing Prescription OpioidUnited States v. Indivior Inc. Press Release The DPA relates to the companys role in knowingly selling consumer data to clients engaged in fraud. The Standard of Proof Required There is also a disparity in the standard of proof for a suspect to be charged with a civil lawsuit vs. a criminal lawsuit. Employee of Chinese Chemical Supplier Pleads Guilty in Scheme to Sell Mislabeled Dietary Supplements United States v. XuPress Release and United States v. Global Voicecom, Inc., et al. In civil cases, by contrast, cases are initiated (suits are filed) by a private party (the plaintiff); cases are usually decided by a judge (though significant cases may involve juries); punishment almost always consists of a monetary award and never consists of imprisonment; to prevail, the plaintiff must establish the defendant's liability only There are seven common types of civil cases, personal injury tort claims, contract disputes, equitable claims, class action suits, divorce and family law disputes, property disputes, and complaints against the city. Court Permanently Enjoins Minnesota Dairy Farm and Owners from Distributing Adulterated MeatUnited States v. Todd and Patty Meech Dairy Farm, et al.Press Release On November 21, 2016, defendant John Vartanian was sentenced to 27 months imprisonment and ordered to pay $1.2 million of restitution in connection with a fraudulent debt relief services scheme based in Orange County, California. Cal.). Court Permanently Enjoins Mississippi Compounding Pharmacy and Two Individuals from Manufacturing and Distributing Adulterated Drugs United States v. Delta Pharma, Inc., et al. ); 2:14-CV-1156 (D.N.J. a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to the plaintiff and that the defendant's breach of duty caused financial or personal injury to the plaintiff. Docket Number: 2:19-CV-9 (M.D. On June 1, 2016, the district court entered a temporary restraining order against an individual and two Dutch companies that allegedly engaged in multiple international mail fraud schemes that have defrauded elderly and vulnerable U.S. victims out of approximately $18 million annually. The conduct occurred prior to Biocompatibles acquisition in 2011 by BTG. Montana Man Pleads Guilty for Designing Fraudulent Solicitations as Part of Large-Scale International Mass-Mailing Fraud Scheme United States v. Thomas Ressler FDA inspections performed in 2013 and 2014 documented a pattern of insanitary conditions resulting in the presence of Listeria monocytogenes. From January through July of 2013, Long created and deposited more than 750,000 unauthorized checks totaling more than $22 million. Miss.). Ltd., d/b/a Maven Info Tech Ltd., d/b/a Ozemio Inc., d/b/a OZM, d/b/a Urgent Tech Help, d/b/a UTH 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. In this ever-changing landscape, it is increasingly important to keep up to speed on the latest employment legal cases and developments. When you sue someone for damages, such as in an assault or defamation suit, you are engaging in a civil court action. District Court Issues Temporary Restraining Order against Las Vegas Defendants in Direct-Mailing SchemeUnited States v. Kern, et al. As part of the consent decree, the defendants must cease growing and packing sprouts or preparing other foods unless they comply with specific remedial measures. From July 2008 until May 2012, Marks made sales from an office in Brooklyn, New York, on behalf of U-Turn Vending, which was based in Idaho. Civil cases involve conflicts between people or institutions such as businesses, typically over money. Over the centuries many civil courts were created to deal with different branches of the law. In pleading guilty, the defendants admitted that they caused at least 225 vehicles to be sold with rolled back odometers. The court denied Arbors motion, holding that it could not conclude that Arbor would most likely prevail in the litigation and expressing skepticism regarding Arbors claim of irreparable harm. 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.). In filings unsealed on January 29, 2021, U.S. District Judge Mary Scriven issued a temporary restraining order enjoining a Tampa pharmacy and two of its employees from dispensing opioids and other controlled substances. The Court also imposed strong injunctive relief against Dish to prevent future violations. According to the indictment, victims who paid fees received no cash prizes, while Quaglia, Fraser, and their co-conspirators pocketed the money. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Docket Number: 2:16-CR-0262 (D. Nev.). According to the complaint, the defendants marketed their products as being effective against infection by pathogens such as norovirus, rhinovirus, rotavirus, the flu virus, Methicillin-Resistant Staphylococcus Aureus bacteria and Ebola, despite a lack of proof regarding the products safety and effectiveness for such uses. Smith previously pleaded guilty to one count of conspiracy to commit mail and wire fraud. 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. Docket Number: 1:18-CV-1121 (E.D.N.Y). His brother previously pleaded guilty and is awaiting sentencing. On August 9, Bryan DAntonio pled guilty to conspiracy to commit mail and wire fraud for his role as owner and operator of Rodis Law Group and Americas Law Group, bogus law firms that purported to offer struggling homeowners assistance obtaining loan modifications. 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. FDA had previously warned NAE, after inspections performed in 2013 and 2014, of its failures to maintain sanitary conditions. Share sensitive information only on official, secure websites. SHARE. 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. United States v. Confidence USA, Inc., et al. In a stipulated order filed with the complaint, Facebook agreed to settle these allegations by paying a $5 billion civil penalty and implementing robust, new compliance measures that will change how Facebook prioritizes and approaches user privacy issues. 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. Okla.). Docket Number: 0:19-cv-60570 (S.D. 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