federal civil lawsuit

WebThe Federal Rules of Civil Procedure . A restitution order required the defendant to pay restitution of more than $3.8 million, and the court repeatedly ordered the defendant to sell his condominiums in Costa Rica and apply the funds to his restitution obligations. 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. Romeo has agreed to forfeit more than $1.2 million in profits from his crimes. Docket Number: 1:19-CR-20658-RNS (S.D. Case No. The complaint alleged that an FDA inspection confirmed that the defendants did not record information regarding administered dosage, administration route, withdrawal time for meat, or the usable date for meat. Docket Number: 1:17-CV-03751; 1:17-CV-03752 (E.D.N.Y.). Cal.). Ala.). Gao was the supply chain manager for a Chinese firm that sold raw ingredients for use in dietary supplements. U.S. District Judge Louis Guirola Jr. sentenced Oscar M. Baine, 42, to 36 months incarceration and ordered him to pay $619,200 in restitution. Bencosme is the second defendant to plead guilty in connection with this scheme. ), a private lawsuit alleging discrimination under the Fair Housing Act. Docket Number: 4:20-cv-46 (W.D. Civil Lawsuits for Criminal Conduct. 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. Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. This will generate a listing of nationwide court locations and case numbers where a party is involved in federal litigation. Podesta and Polo admitted that they managed and supervised call centers for the scheme. The FDA has long warned against the use of SARMs, including stating in a publicly available 2017 warning letter that SARMs have been linked to life-threatening reactions including liver toxicity, and have the potential to increase the risk of heart attack and stroke. The settlement follows an investigation by the Consumer Protection Branch and the U.S. Attorneys Office for the District of New Jersey into potential claims pursuant to the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) and investigations conducted by various State Attorneys General pursuant to state law. The temporary restraining order proposed by the United States would block the defendants from operating the alleged scam and shut down hundreds of websites used by the defendants to carry out their scheme. Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. Three men extradited from Peru for overseeing call centers that threatened and defrauded Spanish-speaking consumers in the United States Calif.). SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. In January 2014, Ul Haq entered guilty pleas to all 48 counts of the indictment, which charged him with conspiracy to import and distribute Schedule II, III, and IV controlled substances, conspiracy to defraud the United States and its agencies and introduce into interstate commerce misbranded drugs, conspiracy to commit international money laundering, and numerous substantive offenses of the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act. RX Limited sold prescription drugs online to U.S. consumers using U.S. physicians and pharmacies. Docket No. According to the complaint, FDA inspections of the Cantrell facility documented evidence of insanitary conditions and significant deviations from current good manufacturing practice requirements, including records showing the company detected potentially dangerous bacteria in the air and on surfaces used for sterile processing. 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. On September 3, 2020, U.S. District Judge Robert N. Scola sentenced Johnny Hidalgo to 100 months imprisonment and three years of supervised release for his supervision of the Everglades Peruvian call center to carry out a fraud and extortion scheme against American consumers. Both men pleaded guilty in March 2016 to two misdemeanor violations of the Federal Food, Drug and Cosmetic Act (FDCA). During the last five years it was open, Vendstar made approximately $62 million in sales. Start a report Medical Device Company Pleads Guilty and is Sentenced to Pay $3 Million for Failure to Report a RecallUnited States v. ACell, Inc.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. For example, as alleged in the complaint, Isomeric failed to conduct an adequate investigation of black particles observed in vials of product that had passed visual inspection. Court Orders Non-Religious Florida Church to Stop Selling Unlawful Bleach Product as Coronavirus Treatment. Sentencing before U.S. District Judge Beth Bloom is set for April 16, 2021, in Miami. Following a jury trial in the Southern District of Florida, Mathauda was sentenced to 200 months imprisonment. Owner of Texas Sport Supplement Company Ordered to Forfeit $3.5 Million for Unlawful Distribution of Steroid-like Drugs. );1:14-CR-10 (S.D. E. Jean Carroll's defamation lawsuit over rape allegation begins. Edward Morris Ned Weaver, who was Vendstars president and CEO from 2004-2010, was sentenced to 60 months in prison. On April 29, 2021, the Consumer Protection Branch filed a pre-settled complaint referred by the FTC against Utah-based Vivint Smart Home. As part of the fraud plea, Adrianzen admitted that he partnered with call centers in Peru that took money from vulnerable and elderly U.S. Spanish-speaking victims through lies and threats. 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. Docket Number: 6:18-CR-0004 (D. Wash.). The Statement of Facts also addresses Moodys failure to adhere to its own published standards when rating RMBS and CDOs. Each defendant was charged with conspiracy to commit mail and wire fraud and at least one substantive count of mail fraud. Virginia Sprout Producer Agrees to Consent Decree in Connection with Distribution of Adulterated FoodUnitedStates v. Henry's Farm Inc., and Soo C. Park, Press ReleaseDocket Number: 3:16-CV-0089 (E.D. In granting the governments motion, the court ruled that the FDA guidance document does not constitute final agency action because it provides guidance only and does not create any legal right and because FDA derives no enforcement authority from the [guidance document]. The court additionally compared FDAs public warning to an FDA warning letter, which the Court noted does not constitute final agency action ripe for judicial review. Court Permanently Enjoins New York Company from Distributing Adulterated and Misbranded Dietary SupplementsUnited States v. Riddhi USA, Inc., et al.Press Release The Court held that the defendants violations meant the supplements were adulterated as a matter of law, and set a hearing for February 17 to discuss the scope of a permanent injunction. In order to gain the trust of the victim and induce him to continue to make payments, Allen traveled from Jamaica to the United States and falsely portrayed herself to the victim as an FBI agent, provided him with a cellphone, and directed him to speak with the person on the line, who was her co-conspirator in Jamaica. 766 [see 2409] (Partition suits where United States is tenant in common or joint tenant). If you believe your civil rights, or someone elses, have been violated, submit a report using our online form. Docket Number: 15-cr-20471 (S.D. Laboratories is set for Aug. 12, 2019. Dr. Bencosme served as the principal investigator for a clinical trial conducted at UM Research intended to investigate the safety and efficacy of an experimental asthma medication in children. The action is based upon the defendants past and continuing violations of the FDCA, which resulted in the unlawful administration of new animal drugs for uses not approved by the FDA and the unlawful selling of livestock for slaughter and human consumption despite the presence of unsafe drug residues in the animals edible tissues. Depending on format, billable pages are calculated in two different ways. 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 complaint alleged that ABH and Islam manufactured and distributed dietary supplements under conditions that failed to comply with current good manufacturing practice regulations. Web28 U.S. Code 1391 - Venue generally. 1345. Through a separate company that it contracted with to market and distribute LC Bead in the United States, Biocompatibles marketed LC Bead to deliver chemotherapy drugs a use that was never cleared or approved by the FDA. One 2,460 % potent lot of Pharmakon morphine sulfate nearly caused the death of an infant at an Indianapolis hospital in 2016. Weaver and five other co-conspirators were convicted of mail fraud, wire fraud, and other charges following trial in 2015. The complaint alleges that the two rural pharmacies are among the highest purchasers of opioids per capita in the entire country. 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. On May 11, 2021, a Miami grand jury returned a two-count indictment against Jessica Palacio in connection with Palacios role in an alleged clinical trial fraud scheme. Long used the proceeds of his fraud to purchase airplanes, numerous vehicles, and other property. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. The defendants violated the Food, Drug, and Cosmetic Act by causing food that is held for sale after shipment of one or more of its components in interstate commerce to become adulterated and misbranded. 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. 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. WebHome For Litigants Civil Case Flowchart Hover your cursor over the rectangles on the flowchart to learn more about the steps involved in a civil case. Michigan Defendant Sentenced in Kratom Distribution Scheme United States v. Dailey Press Release Reyes is charged with importation of drug paraphernalia, conspiracy to violate the Controlled Substances Act, and smuggling. The callers also falsely threatened victims with lawsuits, negative marks on their credit reports, imprisonment, or immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. The Court set Romeo's sentencing for June 21. The decree also requires a recall of all dietary supplements sold by the firm sold since January 1, 2014. 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. The evidence at trial demonstrated that Facteau and Fabian sought to quickly develop and market products, including the Stratus, to create a projected revenue stream that would make Acclarent an attractive business for either an initial public offering or acquisition. According to the complaints, both sets of defendants manufacture their products without FDA approval and without proof of safety and efficacy. A jury was selected Tuesday in E. Jean Carrolls rape lawsuit in a New York federal court. Download the Civil Case Flowchart (PDF) 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. Docket Number: 2:16-cr-71 (D. Nev.). 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 charge against Gore carries a statutory maximum penalty of 5 years in prison. Dec. 1, 2020 . Posing as agents of a fake Fraud Protection Agency, which they claimed was a component of the Federal Trade Commission, the defendants told consumers to send a fee purportedly required by U.S. law in order to receive their prizes. PharMedium also must take remedial measures to ensure compliance with the FDCA at its other facilities and at its headquarters in Illinois. Because Acino has never submitted an application for FDA approval of the drugs, they have never been found to be safe and effective. 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 Number: 2:16-CV-1643 (C.D. District Court Adopts Consent Order on Implementation Details for Tobacco Corrective StatementUnited States v. Philip Morris USA, Inc., et al.Press ReleaseDocket Number: 1:99-CV-2496 (D.D.C.). In its motion, Arbor argued that generic approvals were imminent and would result in the company losing millions of dollars in revenue. Lytle and another QLaser distributor, Irina Kossovskaia, were indicted earlier this year on related charges of mail fraud, wire fraud, conspiracy, and contempt. United States v. Vivint Smart Home, Inc., Case No. The government alleged in a February complaint that Navigator Marketing Ltd., a Canadian company, and Rockport Promotional Marketing, LLC, a Delaware registered corporation, and the corporations principals, Alexander Quaglia, Rychard McKeown, and Brent Nishiguchi, all of British Columbia, Canada, operated an international fraud scheme that mailed solicitations informing recipients that they would receive large sums of money after payment of a small fee. On March 26, 2021, U.S. District Judge John F. Walter found George Masaaki Kimura in civil contempt for violating an order for permanent injunction. The United States alleged in an October 2017 complaint that inspections at Riddhi found numerous violations of the current Good Manufacturing Practice regulations, including the failure to establish product specifications for the purity and strength of finished dietary supplements, the failure to verify the identity of dietary ingredients, and the failure to follow written quality control procedures. The convictions stem from a series of incidents in which multiple patients at hospitals in Europe and the United States experienced serious infections after being treated with a duodenoscope manufactured by Olympus. the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature. Two Mississippi Men Sentenced in Odometer Fraud SchemeUnited States v. Baine; United States v. Savarese, Press Release 2:21-cr-20 (D. Nev.). Several inspections of the firms facility between 2012 and 2014 revealed numerous violations of FDAs current good manufacturing practice regulations, including the failure to use equipment and utensils of appropriate design, construction and workmanship to enable them to be adequately cleaned and properly maintained. On March 4, 2021, U.S. District Judge William Ray denied Plaintiff Arbor Pharmaceuticals, LLCs motion for a temporary restraining order against the government. 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. 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. 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. Docket Number: 2:13-CR-0120 (E.D.N.Y.). Del.) He also pleaded guilty to charges brought by the Narcotics and Dangerous Drugs Section of the Criminal Division related to his sale of methamphetamine precursor chemicals. The defendants agreed to settle the case and to be bound by a permanent injunction that requires Wa Heng to cease all food preparation, manufacturing and distribution. Vendstar sales representatives with the knowledge and encouragement of Weaver 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. According to the complaint, FDA inspections revealed Listeria monogytogenes (L. mono) contamination at the facility. 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. Docket Numbers: 13-CR-120; 13-CR-500; 13-CR-501 (E.D.N.Y.). The governments complaint seeks preliminary and permanent injunctions, civil penalties, and other equitable relief. The products had not been approved by Food and Drug AdminIstration. 841(a) and (b)(l)(B). In reality, identical letters were sent to hundreds of thousands of consumers identified through the purchase of lead lists. Smith also was ordered to pay $167,532.95 in restitution. Medical Doctor Pleads Guilty in Clinical Trial Fraud Scheme. Del.) Docket Number: 1:20-cr-20190 (S.D. Docket Number: 1:19-cr-16 (W.D.V.A.). The United States will file the consent decree with the court upon assignation of the case. Court Enters Injunction Against California Producer of Adulterated and Misbranded Soy ProductsUnited States v. Wa Heng Dou-Fu & Soy Sauce Corporation, Peng Xiang Lin and Yuexiao LinPress ReleaseDocket Number: 2:16-CV-1358 (E.D. 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. The Food and Drug Administration cleared LC Bead to be used for embolization, a process in which the flow of blood to liver tumors is stopped or reduced. The complaint alleged that FDA issued a warning letter to the company in 2018, and that tests in 2018 and 2019 revealed Listeria species inside the facility and E. coli in water used to irrigate sprouts. Victims were told they must urgently pay fees to collect their winnings. Sentencing hearings for Geissler, Doyle, and Patel are set for July 27, July 29, and August 10, 2020, respectively. On November 5, 2019, Gareth David Long pleaded guilty in the District of Nevada to one count of wire fraud and one count of aggravated identity theft. Docket Number: 6:20-cv-140 (E.D. District Court Enters Permanent Injunction Against Illinois Caviar Supplier United States v. Mary ParrishPress Release Defendant Sentenced for Conspiring to Defraud the FDA and for Distribution of Over- and Under-Potent Compounded DrugsUnited States v. Paul Elmer and Caprice BeardenPress Release The indictment charges Palacio with conspiracy to commit wire fraud, in violation of 18 U.S.C. As part of his guilty plea, Guerra admitted that he and others at the call centers falsely claimed to be attorneys or government representatives. Four Defendants Charged in Indictment Unsealed in Clinical Trial Fraud Case. 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. Former Virginia Physician Sentenced for Role in Internet Pharmacy Operation, United States v. Ryan (E.D. On October 6, 2017, Jonathan Wall was sentenced to probation and Onochie Aghaegbuna was sentenced to time served related to their roles in RX Limited, a fraudulent Internet pharmacy scheme. The websites were linked to RX Limited, a large Internet pharmacy operation that shipped orders with no face-to-face physician contact and allowed customers themselves to choose the type, strength, and quantity of drugs they ordered. On October 23, 2018, the District Court enjoined Keystone Laboratories, Inc., its owner, Melinda Menke, and its operator, Elizabeth Jumet, from violating Food, Drug, and Cosmetic Act by distributing hair care and skin care products that were not manufactured, processed, packaged, or held subject to current good manufacturing practices for drugs. Fla.);2:16-CR-0191 (C.D. Many victims made monetary payments based on these threats. Court of Appeals Affirms Convictions and Sentences of Co-Conspirators in $60 Million Business Opportunity Scam United States v. Kaplan et al. The consent decree of permanent injunction was entered by U.S. District Court Judge Richard G. Andrews on Jan. 26. Fla.) 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. The former Elle magazine advice columnist alleges that Trump raped her in a luxury department store dressing room in the mid-1990s. This is the first enforcement action under the CCPA. The complaint alleged that, over a period of several years, the defendants dispensed highly addictive and highly abused prescription opioids while ignoring red flags that is, obvious indications of drug diversion and drug-seeking behavior. Lytle argued on appeal, inter alia, that his plea was obtained by coercion, that he was not competent to plead guilty, and that his counsel was ineffective. Docket Number: 1:20-cr-104 (E.D.N.Y.). Court Denies Indivior's Motion to Dismiss Indictment Alleging Illegal Opioid Marketing Mich.). 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. Two Pakistani National Sentenced for Conspiring to Illegally Ship Pharmaceuticals into the United StatesUnited States v. Ul HaqPress ReleaseDocket Numbers: 1:12-MJ-00810 (D.D.C.). 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. ); 2:12-CV-2264 (D.N.J. On February 19, 2021, the United States filed a civil complaint seeking to permanently enjoin the owners of a Tampa-area clinic and pharmacy from unlawfully dispensing opioids and other controlled substances. WebCM/ECF (Case Management/Electronic Case Files) system allows courts to maintain electronic case files and offer electronic filing online, making case information immediately available. Tenn.). District Court Enjoins Pennsylvania Compounding Pharmacy from Distributing Adulterated DrugsUnited States v. Raniers Rx Laboratory, Inc., et al. Harkonen argued that his conviction should be overturned because his trial team failed to call any expert witnesses for the defense. This rule provides that the first step in an action is the filing of the complaint. Docket Numbers: 1:19-cr-20658 (S.D. PRISONERS are now required to pay the full filing fee of $402.00 for civil actions, $5.00 for habeas corpus applications under 28 U.S.C. Docket Number: 1:18-CV-1121 (E.D.N.Y). Rodis was paid for the use of his law license in an effort to lend legitimacy to the operation. The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. ), Docket Numbers: 2:16-CR-0124 (E.D. Court Orders Dish Network to Pay $280 million for Illegal Telemarketing CallsUnited States v. Dish Network, LLC Press Release On June 16, 2020, Lawrence B. Ryan was sentenced by U.S. District Judge Robert G. Doumar to 10 months imprisonment for his role in a conspiracy to unlawfully distribute controlled substances and to introduce into interstate commerce misbranded drugs with the intent to defraud or mislead. Ryan, at the time a licensed physician in Virginia, was paid $2 per drug order. S. marcescens is a bacteria that can cause bloodstream infections if introduced into the bloodstream through contaminated medications. Lindo was also ordered to pay $292,900 in restitution. On Dec. 4, 2017, the Ninth Circuit Court of Appeals affirmed the district courts denial of Dr. W. Scott Harkonens coram nobis petition seeking to overturn his fraud conviction for ineffective assistance of counsel at trial. On February 12, 2020, Angel Armando Adrianzen pleaded guilty to two counts of possession of child pornography. 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. The complaint alleged that defendants had a history of processing food products under insanitary conditions. Cal.). Victims enclosed their payments, typically around $15 to $55, in pre-addressed return envelopes addressed to postal boxes in the Netherlands that are owned by Trends and KSB. Under Rule 4 (a) this is to be followed forthwith by issuance of a summons and its delivery to an officer for service. According to the complaint, consumers pay for items supposedly sold through the websites but never receive those purchases. District Court Enters Permanent Injunctions Against Two New York Companies Banning the Importation of Dangerous ToysUnited States v. Everbright Trading, Inc. et al. Docket Number: 2:14-CV-6791 (E.D.N.Y.). On June 25, 2020, the court entered a consent order permanently enjoining Utah company My Doctor Suggests LLC under 18 U.S.C. An official website of the United States government. Owner of Loan Modification Scam That Targeted Struggling Owners Pleads GuiltyUnited States v. Bryan DAntonioPress ReleaseDocket Number: 8:13-CR-0208 (C.D. On August 22, 2018, civil enforcement actions under the Controlled Substances Act were unsealed against two physicians alleging the illegal distribution and dispensing of opioids and other controlled substances. As part of the consent decree, the defendants represented that they no longer engage in sterile compounding. 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. Basnight fraudulently obtained new title documents reflecting the false mileages and resold the vehicles at inflated prices. 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. On June 19, 2019, four individuals were charged in connection with an alleged scheme involving payments from victims of numerous international mass-mail fraud campaigns.

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