federal civil lawsuit

Michigan Defendant Sentenced in Kratom Distribution Scheme United States v. Dailey Press Release WebFiling a Lawsuit in Federal Court Generally, the law requires that you first try to settle your discrimination complaint by going through the administrative complaint process before you On February 22, 2019, Judge David Carter denied defendants motion to dismiss the United States complaint, finding that statements on websites can constitute drug labeling under the Food, Drug, and Cosmetic Act (FDCA). 1, 2018, filed a motion seeking a preliminary injunction against Cantrell Drug Company and its co-owner and Chief Executive Officer, James L. McCarley, Jr., to stop the manufacturing and distribution of adulterated drugs. On February 5, 2021, Maytee Lledo pleaded guilty to conspiracy to commit wire fraud in connection with an scheme to falsify clinical trial data. According to the indictment in the case, between 2008 and 2013, USP Labs marketed the highly successful workout supplements Jack3d and OxyElite Pro, which contained a synthetic stimulant known as DMAA. Blue Bells former president, Paul Kruse, was charged in connection with his role in covering up from customers what the company knew about the contaminated ice cream. MediNatura v. FDA, Tex.). Before closing in July 2010, Vendstar made approximately $10 million to $12 million in sales per year. Local Rules of Court. Docket Number: 3:16-CR-313-RJC (W.D.N.C.). Ltd., Dharti Desai and Mehul Desai. Docket Number: 16-3861 (2d. The consent decree of permanent injunction was entered by U.S. District Court Judge Richard G. Andrews on Jan. 26. (criminal case)Docket Number: 1:16-CV-0032(D. In all, 22 individuals were convicted of fraud in connection with Vendstar. In June 2020, the court permanently enjoined Kimura from participating in prize promotion fraud or acting as a money transfer business. The conduct occurred prior to Biocompatibles acquisition in 2011 by BTG. The states involved in the settlement include Arizona, California, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, South Carolina and Washington as well as the District of Columbia. 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. The injunction, which will last for at least five years, follows an October 20, 2015 order in which the court granted the governments motion for summary judgment, finding that the defendant company, Serra Cheese, was adulterating cheese products under the Food, Drug, and Cosmetic Act. Wall previously pleaded guilty to one count of conspiracy to violate the Federal Food, Drug, and Cosmetic Act (FDCA). The governments complaint alleges that the pharmacies and pharmacists violated the Controlled Substances Act ("CSA") by filling numerous prescriptions for controlled substances outside the usual course of professional practice and in violation of the pharmacists corresponding responsibility to ensure that prescriptions were written for a legitimate medical purpose. Dailey was the owner and operator of Nomad Botanicals, an online business that sold kratom to consumers throughout the United States. 1345), was filed against a John Doe defendant standing in for the operator of the website, whose true identity remains unknown. An official website of the United States government. Tex.). Public Access to Court Electronic Records. Court Denies Homeopathic Drug Companys Motion for Preliminary Injunction in Case Involving Challenge to FDAs Addition of the Companys Products to Import Alert. Juxtapid was approved to treat patients with homozygous familial hypercholesterolemia (HoFH), a rare genetic disorder that causes abnormally high levels of LDL-C, or bad cholesterol. Following a jury trial in the Southern District of Florida, Mathauda was sentenced to 200 months imprisonment. Docket Number: 2:13-CR-0120 (E.D.N.Y.). Under Rule 4 (a) this is to be followed forthwith by issuance of a summons and its delivery to an officer for service. L.A. Star processed and distributed a variety of ready-to-eat fish products. United States v. Luna, et al. 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. Download the Civil Case Flowchart (PDF) 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. Cameroonian National Extradited from Romania for Fraud Scam. (respectively). The other two defendants are presently in the Republic of Colombia, and their time to answer the Complaint for Permanent Injunction had not yet expired. 19-cv-03073 (E.D.N.Y.). Tex.). The complaint also alleged that the defendants illegally distributed unapproved new drugs based on labeling claims that certain products treated diseases such as HIV and Alzheimers. Usually, if Person A is The injunction requires the defendants to cease all operations connected to the company, and not to resume operations until FDAdetermines that their manufacturing practices have come into compliance with the law. 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. Sales representatives with the knowledge and encouragement of Vendstars CEO and other managers misrepresented the businesses likely profits, how its past customers were doing, the availability of high-profit locations, and the services that locating companies would provide. 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. District Court Issues Temporary Restraining Order against Las Vegas Defendants in Direct-Mailing SchemeUnited States v. Kern, et al. Hermoza and the other callers told victims that they must immediately pay settlement fees to avoid these consequences. Both defendants worked at Multivend, LLC, d/b/a/ Vendstar, based in Deer Park, New York. 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. The entry of the permanent injunction resolves the litigation. She later received $32,500 in cash from an undercover officer pretending to be the victim from Maryland, and was promptly arrested. Until December 2014, RB Groups wholly owned subsidiary, Indivior Inc. (then known as Reckitt Benckiser Pharmaceuticals Inc.) marketed and sold Suboxone throughout the United States. In a complaint filed September 10, 2020, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act and the Produce Safety Rule by growing sprouts and preparing and holding soy products that FDA inspections showed did not comply with food safety regulations. Weir is set to be sentenced on May 12, 2017. Mich.). Former President Trumps legal team has requested a mistrial in E. Jean Carrolls civil suit against him, citing unfair rulings. 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. Secure .gov websites use HTTPS On May 1, 2020, Francesco Guerra pleaded guilty to conspiracy, mail fraud, wire fraud, and attempted extortion in connection with his supervision of call centers in Peru that threatened consumers across the United States into paying fraudulent settlements for nonexistent debts. On January 16, 2020, the court granted the governments motion to dismiss for lack of subject matter jurisdiction in a challenge to an FDA guidance document concerning the presence of Salmonella in food for animals. The three-count complaint alleges that Vivint violated the Fair Credit Reporting Act and Section 5 of the Federal Trade Commission Act by: (1) failing to establish an identity theft prevention program; (2) obtaining consumers credit reports without a permissible purpose; and (3) unfairly selling false debts to debt collectors. On March 31, 2014, the U.S. District Court for the Eastern District of New York entered an injunction against New York City Fish, Inc., a manufacturer of ready-to-eat fishery products, including smoked salmon and mackerel, and three of its employees: Maxim Kutsyk, Pavel Roytkov, and Leonid Staroseletesky. 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. Defendants Foreign Properties Sold for $1,665,000 To Obtain Restitution for Fraud VictimsUnited States v. Shevin Goodman Affected customers interested in refunds can contact My Doctor Suggests LLC at (1-866-660-9868) or refunds@mydoctorsuggests.com. Ohio), Docket Number: 1:15-CR-0024-WLS-TQL (M.D. Top Regulatory Official at Medical Device Company Sentenced Official websites use .gov Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action 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. Nine New Yorkers were selected on Tuesday for a trial in a lawsuit brought by the writer and columnist E. Jean Carroll accusing Another consent decree entered in that case on March 2 barred defendants Jon Kahen, Global Voicecom, Inc., and Global Telecommunication Services Inc. from conveying recorded telephone calls, directing calls into the United States from overseas, and originating calls within the United States. Tex.). 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 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. Robinson owned an auto body shop located in Chesapeake, Virginia. 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 of the defendants played roles in developing, manufacturing, or marketing the popular USP Labs supplements known as Jack3d and OxyElite Pro. On July 24, 2019, the Department filed a complaint in District Court for the District of Columbia alleging that Facebook violated an administrative order issued by the FTC in 2012 by misleading users about the extent to which third-party application developers could access users personal information. Sentencing will be held in Austin, Texas, before Judge Pitman. On February 12, 2016, the district court entered a consent decree of permanent injunction against Mill Stream Corporation of Hancock, Maine, and its owner, Ira J. Indiana Resident Charged with Sending Fraudulent Collection Letters to Mail FraudUnited States v. Sherry Gore On March 8, 2021, the court unsealed an indictment charging four individualsDr. From January through July of 2013, Long created and deposited more than 750,000 unauthorized checks totaling more than $22 million. This charge applies to the number of pages that results from any search, including a search that yields no matches(a charge of $0.10, one page,for no matches). mono.) WebThese are the typical stages of a federal lawsuit: The Plaintiff files a COMPLAINT, setting out the facts and legal theories on which the case is based. Court Orders Oklahoma Company to Stop Selling Silver Products as a COVID-19 Treatment. A .gov website belongs to an official government organization in the United States. 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. The complaint alleges that when consumers asked the defendants not to call them again, their requests were often ignored. On March 3, 2016, Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act. Fla.). Thecap does not apply to name searchresults, reports that are not case-specific, and transcripts of federal court proceedings. A locked padlock Three of Palacios co-conspirators already have pleaded guilty and been sentenced, including clinical investigator Dr. Yvelice Villaman Bencosme, who was sentenced to 63 months imprisonment, Lisett Raventos, a study coordinator and co-owner of Unlimited Medical Research, who was sentenced to 30 months imprisonment, and Maytee Lledo, a former employee of Dr. Bencosmes, who was sentenced to 14 months imprisonment. Despite the FDAs limited approval of Onyx, from 2005 to 2009, ev3 sales representatives encouraged surgeons to use Onyx in large quantities for unproven and potentially dangerous surgical uses outside the brain. In pleading guilty, Long admitted that he used personal and financial information of more than 375,000 victims to steal millions of dollars from checking accounts. On August 8, 2018, the District Court permanently enjoined Patrick Fraser, Christopher Fraser, and Ubuki Kanehira, three members of an alleged Canada-based mass-mailing scheme. 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. On May 14, 2020, U.S. District Court Judge Ronald A. The complaint also alleged that the defendants distributed unapproved new drugs that they claimed could be used to treat such medical conditions as cancer, heart disease, HIV and AIDS. The Ninth Circuit rejected Harkonens arguments, holding that his attorneys decision to forego calling defense expert witnesses was an appropriate judgment call made by competent counsel after an extensive search for and preparation of multiple defense experts. Chipotle Mexican Grill to Pay $25 Million Fine for Food Safety Violations, United States v. Chipotle Mexican Grill, Inc.Press release Fla.). Biocompatibles was sentenced to pay an $8.75 million criminal fine and a criminal forfeiture of $2.25 million. For HTML-formatted information, a billable page is calculated using a formula based on the number of bytes extracted (4,320 bytes = 1 billable page). The courts order followed an eight-day bench trial that concluded in March. The court asked the government to submit a proposed permanent injunction and has scheduled a conference for the parties to discuss the content of that injunction. Fla). WebA civil lawsuit is a legal action in which one party (the plaintiff) sues another party (the defendant). Three defendants, including Rodis, opened Rodis Law Group and advertised loan modification assistance nationwide. 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. 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. His brother previously pleaded guilty and is awaiting sentencing. According to the charges, all of these patients had been given TPN that was compounded and distributed by Meds IV. According to the complaint, victims who received these solicitations sent payments through the U.S. and international mail systems to defendants Trends Service in Kommunikatie, B.V. (Trends), and Kommunikatie Service Buitenland, B.V. (KSB), both owned and operated by defendant Erik Dekker. The defendants agreed to be bound by a consent decree of permanent injunction filed with a complaint in November 2019. United States v. Valdes et al., Justice Department Obtains $1.4 Billion from Reckitt Benckiser Group in Largest Recovery in a Case Concerning an Opioid Drug in United States HistoryUnited States v. $647,000,000 in U.S. CurrencyPress Release The government alleged 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. This action stems from a series of FDA inspections of APS manufacturing facility beginning in 2012, which revealed, among other things, that APS failed to perform identity tests or examinations for certain dietary ingredients before using them in their products. Tex.). 7 Unlike antitrust claims, there is not exclusive federal subject matter jurisdiction for RICO claims. Docket No. Evidence at trial showed PCA products sickened hundreds and likely thousands of people during an outbreak of salmonellosis in 2008-09. 4:21-cv-00437-RLW (E.D. 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. The consent decree entered by the court requires the defendants to implement specific remedial measures to comply with the law and obtain written approval from the FDA before distributing such drugs in the future. Case No. The callers threatened victims with negative credit scores, imprisonment, deportation, or seized property if they refused to immediately pay settlement fees. Guerra and two co-defendants were arrested in Peru and extradited in 2019. 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. Smith instructed customers to combine MMS with citric acid and ingest the resulting chlorine dioxide. Dietary Supplement Manufacturer Enjoined from Distributing Adulterated, Misbranded Products Marketed as DrugsUnited States v. EonNutra LLC et al.Press Release A jury was selected Tuesday in E. Jean Carrolls rape lawsuit in a New York federal court. On January 8, 2021, Dr. Yvelice Villaman Bencosme pleaded guilty to conspiracy to commit wire fraud in connection with an alleged clinical trial fraud scheme at a Miami clinical research company, Unlimited Medical Research. Okla.). 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. The complaint seeks civil penalties as well as a preliminary and permanent injunctive relief against the defendants. Court Denies Indiviors Motion to Dismiss Indictment in Suboxone Case, United States v. Indivior, Inc. Injunctions Entered Against Defendants in Multi-Million Dollar International Mail Fraud SchemeUnited States v. BDK Mailing GmbH, et al.Press Release In pleading guilty, Diaz admitted that he and co-conspirators caused to be mass-mailed to consumers notifications promising large cash prizes in exchange for payment of certain fees. The first complaint was filed against US Stem Cell Clinic, LLC, of Sunrise, Florida, US Stem Cell, Inc., and company officers Kristin Comella and Theodore Gradel. Blue Bell pleaded guilty to two misdemeanor counts of distributing adulterated ice cream products and has agreed to pay a criminal fine and forfeiture amount totaling $17.25 million according to the terms of a plea agreement. On December 7, 2016, Palmer pleaded guilty to one count of conspiracy to commit mail and wire fraud. In a complaint filed in April, the United States alleged that inspections at Sonar and Stratus revealed violations of current good manufacturing practices that demonstrated a lack of quality oversight of the manufacturing, processing, and testing of drugs such that, if they continued, posed a threat to the public health. 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. Smith created phony water purification and wastewater treatment businesses in order to obtain sodium chlorite and ship his MMS without being detected by the FDA or U.S. Customs and Border Protection. These new compliance measures include privacy reviews for all new or modified Facebook products, a new Independent Privacy Committee on Facebooks Board of Directors, and annual compliance certifications by Facebook CEO Mark Zuckerberg. The fine represents Akinyoyenus pecuniary gain from the crime. Docket Number: 3:18-CV-331 (N.D.N.Y.). 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. Docket Numbers: 1:19-cr-87; 1:19-cr-88 (S.D. 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. In a complaint filed January 7, 2020, the United States alleged that the defendants violated the Food, Drug, and Cosmetic Act by processing and distributing fish products and other food, including salads, pierogis, and dips, in a facility where government inspectors previously found evidence of listeria contamination. 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. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars, and instructed victims to send a $20-$25 processing fee to claim their prize. The former Elle magazine advice columnist alleges that Trump raped her in a The indictment alleges that Adrianzen partnered with several Peruvian call centers that contacted Spanish-speaking consumers in the U.S., many of whom were elderly and vulnerable. This page lists current CPB case updates accessible to the public. 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. 2:19-cv-3073 (E.D.N.Y.). 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. The Second Circuit rejected that argument, holding that [f]raudsters may not escape criminal liability for lies told to induce gullible victims to make worthless investments by inducing them to sign a contract containing disclaimers of reliance.. Ga.). In pleading guilty, Lledo admitted that while working for a particular clinical trial site 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. ), Docket Numbers: 2:16-CR-0124 (E.D. Smith sold a product called Miracle Mineral Supplement, or MMS, over the Internet. 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. United States v. WeCare Pharmacy, et al. United States v. Hidalgo et al. You may enter a date range to limit the number of pages by displaying entries for the date range rather than all entries in the report. 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. 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. Long previously operated as a third-party payment processor, creating and depositing checks on behalf of numerous merchants. On August 3, 2015, the district court entered an order of permanent injunction against Henh Wong Fresh Produce, a sole proprietorship, its owner, David C. Ly, and employees Kin S. Ly and Thahn Danny C. Ly, to stop them from violating the Food, Drug, and Cosmetic Act (FDCA) by causing food to be adulterated while it is held for sale after shipment in interstate commerce. As part of his plea agreement, Basnight admitted that from 2010 until 2016, he purchased more than 50 high-mileage vehicles from individuals and arranged to alter the vehicles odometers to reflect false, lower mileage readings. 1345. Former Virginia Physician Sentenced for Role in Internet Pharmacy Operation, United States v. Ryan (E.D. Docket Number:1:18-CV-1102 (E.D.N.Y.). ACell further admitted that it did not notify doctors who already had purchased or used contaminated MicroMatrix about the removal. ); 5:16-CR-0022 (M.D. Burnett owned and operated Lifestyle Auto Broker LLC, a Georgia corporation that bought and sold used cars. Ind.). Arraignment is scheduled for May 6 in Abington, Virginia. Defendant Shevin Goodman pled guilty in 2008 to conspiracy to commit mail fraud in violation of 18 U.S.C.

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