The settlement includes significant commitments by Moodys to improve its business practices, including: separation of Moodys commercial and credit rating functions; independent review and approval of changes to rating methodologies; changes to ensure that key personnel are not compensated on the basis of the companys financial performance; enhancing Moodys oversight over its press releases and methodology development; and certifications of compliance by the President/CEO of Moodys with these commitments for at least five years. The defendants included direct mailers who organized the scheme, mailing list managers, cagers who opened and processed victim returns, and payment processors. On August 12, 2020, Andrea Burrow pleaded guilty to conspiracy to commit mail fraud based on her participation in a scheme that cheated victims, many of whom were elderly and vulnerable, out of more than $10 million. 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. The material was found on Adrianzens cell phone and laptop computer when government agents executed search warrants on both devices in connection with an unrelated fraud investigation. In 2015, drugs manufactured by the pharmacy were potentially linked to a 2015 outbreak of Staphylococcus aureus infections in Rhode Island. The government alleged that FKOL plant management directed employees to remove certain records from the premises and delete other records from computers that would have revealed FKOL was manufacturing drug ingredients in contravention of FDA requirements. The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. 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. The permanent injunction requires Scilabs and Edalat to cease all operations connected to the company, and not to resume until FDA determines that their manufacturing practices have come into compliance with the law. Defendants in USP Labs Dietary Supplement Scheme Set for Sentencing in July/August 2020United States v. USP Labs, Press Release As part of the consent decree, defendants agreed not to resume manufacturing, holding or distributing drugs until they comply with specific remedial measures set forth in the order entered by the Court. Altogether, 22 individuals were convicted of fraud in connection with Vendstar. Montana Man Pleads Guilty for Designing Fraudulent Solicitations as Part of Large-Scale International Mass-Mailing Fraud Scheme United States v. Thomas Ressler Fraudulent Call Center Operator Pleads Guilty to Overseeing Call Centers that Threatened and Defrauded Spanish-Speaking Consumers. 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. Defendant Sentenced in Connection with a Lottery Scam Based in JamaicaUnited States v. Claude Shaw Press Release L. mono is food-borne bacteria that can cause serious illness or even death in consumers. 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. Chicago Dietary Supplement Companies Ordered to Comply with FDCA United States v. Global Marketing Enterprises, Inc., et al.Press Release He also hid evidence from FDA inspectors and destroyed evidence while law enforcement agents were executing search warrants on his residence and business locations. Chief Executive Officer and Manager of Fraudulent Business Opportunity Seller Sentenced to PrisonUnited States v. Edward WeaverPress Release Docket Number: 1:20-cr-123; 1:20-cr-122 (W.D. Docket Number: 1:19-CV-02184 (D.D.C.). 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). 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 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. 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. 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. Smith attempted to conceal his illegal activities by creating phony businesses to smuggle ingredients and destroying evidence when law enforcement agents executed a search warrant. Determine your causes of action. 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. Docket Number: 8:20-cv-1794 (M.D. 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. Fla.). United States v. Yabe, Hisao, Press Release Tex.). 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. Okla.). On July 9, 2020, U.S. District Judge Kathleen M. Williams granted the governments motion for default judgment against the Genesis II Church of Health and Healing, along with two of the non-religious entitys four principals, Jordan Grenon and Jonathan Grenon, who were located in the United States. According to the complaints, the CPSC collected dozens of samples of non-compliant toys and other childrens products from the defendants facilities and import shipments. The complaint and consent decree follow FDAs July 2019 administrative decision to suspend the defendants food facility registration. District Court Issues First-of-its-Kind TRO to Stop Tennessee Pharmacies and Pharmacists from Dispensing OpioidsUnited States v. Oakley Pharmacy, Inc. et al. In 2013, Long began to simply charge the bank accounts of consumers whose personal and financial information he had acquired during his time as a payment processor, as well as others whose information he purchased in the form of lead lists. Third Defendant Pleads Guilty in Clinical Trial Fraud Scheme. On March 16, 2021, U.S. District Judge Randolph Moss denied plaintiff MediNatura Inc.s motion seeking a temporary injunction pending appeal of the courts decision on a previous motion for preliminary injunctive relief. 1345 against Maven Infotech Pvt. 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. Elmer was convicted of conspiracy and nine counts of adulteration on April 10, 2019, following a jury trial trial. On May 1, 2018, the district court entered a consent order requiring the countrys major cigarette companies to begin posting corrective statements on their websites starting on Monday, June 18. Allen was also ordered to pay $117,000 in restitution. On September 15, 2017, Shashana Stacyann Smith was sentenced to serve 24 months in prison related to her role in a fraudulent lottery scheme based in Jamaica. On May 20, 2015, the United States filed a criminal Information against ConAgra Grocery Products LLC, a subsidiary of ConAgra Foods Inc., alleging that the company introduced peanut butter contaminated with salmonella into interstate commerce in 2006. Raventos is the first of the four charged defendants to plead guilty. Ind.). In pleading guilty, Gali admitted that from 2006 through 2011, he and his brother, Chaim Gali, devised a scheme to defraud consumers by misrepresenting the mileages of used vehicles. Docket Number: 1:15-cr-20471 (S.D. 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. The complaint alleged that testing by the defendants revealed a type of listeria in the Vulto facility, but the defendants never attempted to identify the species of the bacteria or its source. The terms of the permanent injunction and appropriate civil penalty amount will be decided by the court. Anna Watts for The New York Times. Tenn.). Some of the companies products were previously seized in April 2015 by the United States as unapproved and misbranded drugs. Yabe is scheduled to be sentenced on March 27. Harkonen was convicted of wire fraud in 2009 for distributing a fraudulent press release designed to boost sales of his companys main drug. Case No. He instructed consumers to combine MMS with citric acid to create chlorine dioxide, add water and drink the resulting mixture to cure numerous illnesses. Va.). WebCase Name Overview Federal Court Case Documents ; Lost Lake Holdings, LLC v. Town of Forestburgh (S.D.N.Y.) A judgment against the common law claim might very well undermine the RICO claim. 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. Dailey pleaded guilty on January 8, 2019 to one count of introducing misbranded drugs into interstate commerce and one count of importing merchandise contrary to law. Cal.). In addition, S.K. As alleged in the governments complaint, the defendants called and sent letters to consumers falsely claiming that the consumers had won hundreds of thousands of dollars in a sweepstakes. The complaint alleges that the companys products are manufactured under conditions that are insanitary and inadequate to ensure the safety of its products. Jesus Gutierrez Rojas, Alexandra Podesta Bengoa, and Virgilio Polo Davila pleaded guilty to extortion following their extradition from Peru in April. and United States v. California Stem Cell Treatment Center, Inc., et al.Press Release The civil penalties include $168 million payable to the United States related to at least 66 million illegal calls by Dish and its retailers. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or The scheme was disrupted before the elderly individual could be further victimized by the conspiracy. Tenn.). According to the complaint, United States residents received fraudulent direct mail solicitations that falsely claimed that the recipients had won, or would soon win, cash or valuable prizes or otherwise come into great fortune. The plea was part of an global resolution that included a separate consent decree of permanent injunction to resolve civil liability under the FDCA. Two additional defendants remain in Peru pending extradition. The information also alleges that Palacio knowingly and falsely claimed in an affidavit to the FDA that a particular subject participated in the trial when, in fact, that subject had not so participated. Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. 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. McLaughlin helped Burnett commit odometer fraud by fraudulently issuing new Georgia titles with false low mileages in exchange for cash. In pleading guilty, the defendants admitted that they caused at least 225 vehicles to be sold with rolled back odometers. Docket Number: 2:18-CR-727; 2:18-CR-726 (D.N.J.). Victims lost at least $16.7 million to the fraudulent scheme. Consent Decree Filed in Enforcement Action Against New Jersey Drug Manufacturer and Owner United States v. Acino Products, LLC, and Ravi Deshpande In addition, S.K. On April 9, 2019, a grand jury returned and indictment against Indivior Inc., a pharmaceutical company, for engaging in an illicit nationwide scheme to increase prescriptions of Suboxone Film, an opioid drug used in the treatment of opioid addiction. Tex.). Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. W. Scott HarkonenDocket Number: 15-16844 (9th Cir./N.D. 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. Victims of the scheme received telephone calls about substantial lottery prizes they supposedly had won. As a result of a previous court order, the statements currently are running on television five times per week, and previously ran as full-page ads in about fifty newspapers across the country. As part of a guilty plea, Hermoza admitted that he and other callers he supervised falsely told victims that they were attorneys or government representatives. Docket NO. 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. According to the complaint, consumers pay for items supposedly sold through the websites but never receive those purchases. Mass.). Arbor challenged FDAs determination that the original formulation of its drug, Nymalize, was not withdrawn for reasons of safety and effectiveness, which would allow approval of potential generic versions of Arbors withdrawn drug. Cir. 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 also was charged with one count of making a false statement to the FDA.
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