federal civil lawsuit

The United States will file the consent decree with the court upon assignation of the case. Two months after B. Braun started selling syringes manufactured at the new AM2PAT facility, B. Braun recalled all of the syringes because the radiation sterilization process caused dangerous white particles to develop in the saline inside the syringes. 1345 against two businesses and two individuals alleged to operate a direct-mailing scheme based in Fort Lauderdale, Florida. On February 8, 2021, Steven Diaz pleaded guilty to conspiracy to commit mail fraud as part of an fraudulent prize promotion scam. See February 17, 2017 update on Felecia Lindo. 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. OxyElite Pro was recalled in 2013 after being linked by the Food and Drug Administration to a deadly outbreak of serious liver injuries. A preliminary injunction hearing is scheduled for December 3, 2018. Long did not have authorization to charge any of these victims accounts. New Jersey NameCheap, Inc., the company that registered the fraudulent website on the defendants behalf, took down the site within hours of receiving the TRO entered by U.S. District Judge Robert Pitman. 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. lawsuit The charges in the indictment stem from Indiviors marketing of Suboxone, an opioid drug used in the treatment of addiction. The defendants included the alleged direct mailers who organized the scheme, mailing list managers, cagers who opened and processed victim returns, and payment processors. Only approximately half of these charges were reversed by victims banks. He was arrested in Liberia and expelled to the United States in September 2012. Ga.), District Court Rules for Government in Action Against Cheese Manufacturer, Docket Number: 2:14-CV-13077 (E.D. 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. Mass.). Case No. North Carolina Dietary Supplement Distributor Sentenced in Case Involving Synthetic Steroids. 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. The remainder will be distributed among the settlement member states in alignment with terms of the agreement. The district court ordered Spectrum to pay $1.9 million in civil penalties, maintain adequate systems and controls to prevent future violations, and retain an outside consultant to evaluate its compliance program. Fla.). Young worked with a co-conspirator named Ercan Barka, who pleaded guilty to the same charge in January. The defendants would be required comply with remedial measures to resume any manufacturing, holding, or distribution of drugs. According to the complaint, a 2016 FDA inspection of the defendants manufacturing facility also revealed that the defendants failed to establish specifications for the identity, purity, strength, and composition of their finished products or the components in their products. FKOL also agreed to implement a compliance and ethics program designed to prevent, detect, and correct violations of U.S. law relating to FKOLs manufacture of cancer drugs intended for terminally ill patients. District Court Enters Permanent Injunction Against Eastern Michigan Seafood and Salad Processor Docket Number: 8:18-CV-996 (C.D. In its first court action to combat fraud related to the coronavirus pandemic, the Department obtained a temporary restraining order on March 22, 2020, to block a website purporting to offer to the public World Health Organization COVID-19 vaccine kits. The consent decrees require the defendants to stop importing, selling, or distributing toys and other childrens products until they implement product safety and testing programs that will bring their operations into compliance with the law. Elmer was convicted of conspiracy and nine counts of adulteration on April 10, 2019, following a jury trial trial. View Complaint. The entry of the permanent injunction resolves the litigation. On March 28, 2016, the district court granted the United States motion for summary judgment against defendants Scottys Inc. and its co-owner and manager Sandra J. Jackson, sellers of adulterated ready-to-eat sandwiches. On November 4, the United States filed an injunction action against Scilabs and Edalat seeking this relief. HICKEY v. ASTRAZENECA PHARMACEUTICALS LP et al. Akinyoyenu pleaded guilty on February 27 to a misdemeanor conspiracy count. On June 8, 2017, Paul Robinson was sentenced to 37 months in prison for his role in an odometer tampering and securities fraud conspiracy. The complaint further alleges that the defendants issued numerous purported prescriptions without a legitimate medical purpose and outside the usual course of professional practice to undercover agents of the United States Drug Enforcement Administration. Jury selection starts Tuesday in E. Jean Carrolls rape lawsuit in a New York federal court. Docket Number: 3:15-cr-496 (N.D. Sitesh Patel, the vice president of S.K. This litigation arose following eight years of FDA inspections which found that the defendants continually violated the agencys Current Good Manufacturing Practice (CGMP) regulations in their sandwich production. In pleading guilty, Raventos admitted that she conspired with others to fabricate the participation of subjects in the clinical trial and falsify clinical trial data. If the court determines that you have brought a claim for an improper or unnecessary purpose, it may impose sanctions against you, including ordering you to pay the other sides lawyers fees. According to the indictment, Reyes then took these shipments to a Dallas vaping shop, where the counterfeit cartridges would be filled and passed off to the public as legitimate THC vaping paraphernalia. Tex.). In April 2015, Wasmunds former employer, Quality Egg, was ordered to pay a fine of $6.79 million for the felonies of bribing a USDA inspector and selling restricted and misbranded eggs with intent to defraud, and the misdemeanor of selling and shipping adulterated eggs into interstate commerce. 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. Yvelice Villaman Bencosme, M.D., Lisett Raventos, Jessica Palacio, and Maytee Lledo each were charged by information in the Southern District of Florida with one count of conspiracy to commit wire fraud, and Palacio was also charged with one count of making a false statement to the FDA. Docket Number: 15-cr-20471 (S.D. 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. United States v. Becker et al., District Court Orders New York Company to Stop Distributing Adulterated and Misbranded Dietary Supplements United States v. ABH Nature's Products, Inc., et al. The Seventh Circuit upheld the lower courts ruling here in May 2019. Docket No. Depending on format, billable pages are calculated in two different ways. The Statement of Facts addresses Moodys 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. Press Release Chlorine dioxide is a potent agent used to bleach textiles, among other industrial applications, and a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. According to the complaint, Parrish failed to ensure the temperature of ready-to-eat caviar remained at a level low enough to control Clostridium botulinum growth and toxin formation, which can cause botulism. Docket Numbers: 1:19-cr-20658 (S.D. Calif.). In a civil lawsuit, Carroll alleges Trump raped her in a Manhattan department store in the 1990s. Docket Number: 1:17-CV-03751; 1:17-CV-03752 (E.D.N.Y.). More recently, the government alleged that Kimuras conduct continued and sought an order to show cause why Kimura should not be held in contempt. 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. Victims were instructed to send small processing fees typically $20 or $25 to claim the prizes. For other matters of interest, see: CLOSED CASES or ARCHIVED CASE SUMMARIES. 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. Some states have statutes that allow longer limitation periods for civil lawsuits resulting from criminal conduct, including Ryan also agreed to forfeit $316,153, the sum of money he was paid by RX Limited. A hearing on the governments motion for a preliminary injunction is set for February 21, 2019. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the federal Judiciary. Determine your causes of action. Defendant Pleads Guilty in Multimillion-Dollar Prize-Promotion ScamUnited States v. Lovisa, Press Release 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. 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. Case In pleading guilty to money laundering last December, Crawford admitted that from 2017 to 2019, he recruited at least 30 money mules to facilitate the receipt of millions of dollars taken from Department of Defense and Veterans Affairs benefit programs using personally identifying information stolen from victims. 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. Docket Numbers: 1:20-cv-473; 2:20-cv-474 (E.D.N.Y.). 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. 3 minutes ago ALBUQUERQUE, N.M. (AP) Three former womens basketball players at Eastern New Mexico University have filed a federal civil rights lawsuit claiming their coach coerced them to undergo treatments that amounted to sexual assault by her volunteer trainer husband. 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. In a July 2017 complaint, the government alleged that the defendants promoted and sold misbranded sexual enhancement products that contained the undisclosed ingredient sildenafil, which is the active pharmaceutical ingredient in Viagra. Complaint Filed Against California Hand Sanitizer Company Marketing Unapproved New Drugs United States v. Innovative BioDefense, Inc. et al. The complaint alleges that the defendants, as part of a wire fraud scheme, created websites portrayed as online stores offering products for sale to American consumers, including health and safety related items such as hand sanitizer and disinfecting wipes that have become scarce during the COVID-19 pandemic. For example, if you file a lawsuit in federal court in Richmond, Alexandria, or Norfolk, you should review the Local Rules for the Eastern District of Virginia. Fla.). Docket Number: 2:18-CV-2656 (W.D. Xu, a Chinese national, was the principal at a Chinese company that regularly supplied ingredients to American dietary supplement makers. 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. On May 27, 2020, U.S. District Court Judge Ronald A. The second complaint names California Stem Cell Treatment Center, Inc., of Rancho Mirage and Beverly Hills, California, Cell Surgical Network Corporation, and company owners Elliot Lander, M.D. Pursuant to a criminal resolution with the Department of Justice, FKOL agreed to plead guilty to the misdemeanor offense and pay the fine and forfeiture amounts. Robinson pleaded guilty in February 2017 to one count of conspiracy to commit odometer tampering and securities fraud. On June 2, 2017, Claude Shaw of Miramar, Florida, was sentenced to serve 36 months in prison and three years of supervised release for his participation in a fraudulent lottery scam based in Jamaica. An FDA inspection performed in August of 2015 revealed the presence in the facility of Listeria Monocytogenes, a bacterium that poses a significant risk to public health. On July 9, 2020, U.S. District Judge Orlando L. Garcia sentenced Trorice Crawford to 46 months imprisonment for his role in an identity theft and fraud scheme that targeted U.S. servicemembers and veterans. Ala.). District Court Permanently Enjoins 15 Individuals and Companies in Elder Fraud Mail Scheme Ninth Circuit Affirms Conviction in Miracle Cure CaseUnited States v. Louis Daniel SmithPress Release On August 20, 2018, the United States filed a civil complaint for permanent injunction against Foo Yuan Food Products Company, Inc., its owner and president Hsing Chang, and its secretary Susan Chang. L.A. Star processed and distributed a variety of ready-to-eat fish products. At times, telemarketers directed homeowners to stop making their mortgage payments. Sentencing for Willson and Hebert is set for Aug. 22, 2019. Docket NO. 3:19-CR-00632 (N.D. On April 28, 2021, Nepthali Luna and his son, Devon Luna, pleaded guilty in connection with their roles in a scheme to sell used, high-mileage vehicles with false, low mileage readings entered on the vehicles odometers, titles, and odometer disclosure statements. );2:16-CR-316 (D.N.J. Defendant Pleads Guilty in Alleged $174 Million Health Care Fraud Scheme. Operator of Odometer Fraud and Title Scheme SentencedUnited States v. BasnightPress Release On July 27, 2020, the Department filed a civil complaint against MyLife.com and its founder Jeffrey Tinsley seeking injunctive relief, redress, and civil penalties under the FTC Act, the Telemarketing Sales Rule, the Restore Online Shoppers Confidence Act, and the Fair Credit Reporting Act for unfair and deceptive conduct in selling online subscriptions to purported consumer background reports and for selling background reports without complying with the legal requirements for doing so. One of his co-defendants will be sentenced in April, and another co-defendant is set for trial later this spring. 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. Fla.); 5:16-CV-0577 (M.D. N.C.). Edward Morris Ned Weaver, who was Vendstars president and CEO from 2004-2010, was sentenced to 60 months in prison. The complaint alleges that the two rural pharmacies are among the highest purchasers of opioids per capita in the entire country. lawsuit Cal.). Plaintiffs also should determine whether a state RICO statute is available and should be aware that federal RICO claims themselves may be brought in state court. Clenbuterol is only approved for sale in the United States as an equine bronchodilator, yet is sold on the black market for use by bodybuilders. Both defendants pleaded guilty last year. 18-cr-20506 (S.D. Former Attorney Pleads Guilty for Role in Loan Modification Scam That Targeted Struggling HomeownersUnited States v. Ronald RodisPress ReleaseDocket Number: 8:13-CR-0208 (C.D. White entered a temporary restraining order against an Oklahoma company that touted an unapproved colloidal silver product as a COVID-19 treatment. 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. The decision was the culmination of eight years of litigation and a five-week trial arising out of an investigation by the Federal Trade Commission into Dishs violations of the FTCs Telemarketing Sales Rule. Woman Pleads Guilty to Conspiracy to Commit Money Laundering in Connection with International Lottery SchemeUnited States v. Samaiyah ArmisteadPress Release U.S. District Judge Robert N. Scola sentenced one of Guerras co-defendants to 88 months imprisonment in March. The verdict is the latest development in a lawsuit that the Department filed on behalf of the Federal Trade Commission (FTC) in May 2011, seeking, among other things, a permanent injunction and civil penalties against the defendants for engaging in widespread deceptive and abusive telemarketing practices in the course of selling and promoting DVDs and films. Ressler also agreed to a civil consent order, filed Feb. 21 with in the Eastern District of New York, that enjoins him from involvement in further fraudulent solicitation schemes. The permanent injunction entered by the court prohibits the defendants from selling any products until they hire experts to bring their labeling, recordkeeping, and other practices into compliance with federal law. 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. Things You Should Know About The ANSWER is the formal Access to case information costs $0.10 per page. 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. Vivint Smart Home, Inc., Case No. The total $19.35 million in fine, forfeiture, and civil settlement payments constitutes the second largest-ever amount paid in resolution of a food-safety matter. No sentencing date has been set. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. Long pleaded guilty in November 2019 to one count of wire fraud and one count of aggravated identity theft. Indiana Resident Charged with Sending Fraudulent Collection Letters to Mail FraudUnited States v. Sherry Gore 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. The United States alleged in a complaint filed January 26 that WeCare Pharmacy, its pharmacist owner Qingping Zhang, pharmacy technician Li Yang, and another related corporate entity, L&Y Holdings LLC, repeatedly dispensed opioids in violation of the Controlled Substances Act. The government alleged that the companys fish products were adulterated pursuant to the Food, Drug, and Cosmetic Act. Indian Cancer Drug Manufacturer Agrees to Plead Guilty and Pay $50 Million for Allegedly Concealing and Destroying Records in Advance of FDA Inspection. Medical Device Manufacturer Ordered to Pay $85 Million Following Guilty Plea for Failing to File Adverse Event Reports United States v. Olympus Medical Systems Corp. They were told to pay thousands of dollars to Smith and others in order to collect their winnings. Okla.). On November 14, 2019, the court denied Indivior's motion to dismiss a 28-count indictment alleging the company engaged in healthcare fraud, wire fraud, mail fraud, and conspiracy. Final proceeds from the sale of these properties will go toward restitution payments in the fraud case. The Summons and Complaint in this matter may be found at this, Peruvian Call Center Operator Pleads Guilty to Fraud and Attempted Extortion in Telemarketing Scam, United States v. Francesco GuerraPress release 7 Unlike antitrust claims, there is not exclusive federal subject matter jurisdiction for RICO claims. The $36 million global resolution relates to the medical device LC Bead, which is used to treat liver cancer. Court Orders Dish Network to Pay $280 million for Illegal Telemarketing CallsUnited States v. Dish Network, LLC Press Release The defendants admitted that the scheme resulted in consumer losses of more than $550,000. The government alleged that between 2013 and 2018, the scheme brought in millions of dollars from victims, many of whom were elderly or vulnerable, without paying the promised cash prizes to anyone. Usually, if Person A is Raventos was charged in September along with three other individuals. Florida Resident Sentenced in Connection with Jamaica-Based Lottery ScamUnited States v. Cassandra Althea PalmerPress Release Statute of Limitations: How Long Do You Have to File a Lawsuit? Fla.). Less than a month after B. Braun resumed buying syringes from AM2PAT, AM2PAT manufactured B. Braun saline syringes contaminated with Serratia marcescens bacteria. Sentencing will be held in U.S. District Court in Austin, Texas. Trial began on May 16 and lasted eight days. Akinyoyenu admitted that after the doctor approved the website orders from his home in Florida, Akinyoyenu would ship the pharmaceuticals from his brick-and-mortar pharmacy in Washington, D.C. Akinyoyenu admitted that the drugs lacked valid prescriptions, and therefore were misbranded, when shipped. The Court also denied two motions to intervene in the case by a data privacy advocacy group and a private individual. Smith received the money, kept a portion for herself, and sent the remainder to individuals in Jamaica. One of Robinsons co-conspirators, the title clerk who issued many of the fraudulent titles, was sentenced to five years of probation with 12 months of home detention in September 2016. The government presented evidence, collected over nearly a decade, that the defendants violated current good manufacturing practice regulations by, among other things, failing to ensure that finished batches met specifications or to conduct appropriate tests to verify the identity of ingredients. The injunction further requires Dr. Reddys to maintain internal controls and procedures designed to ensure timely, truthful, complete, and accurate reporting of such issues to the Commission.

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