federal civil lawsuit

Docket Number: 3:16-CR-0224 (W.D.N.C.). 841(a) and (b)(l)(B). 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. California Man Sentenced for Prescription Drug DiversionUnited States v. Joseph DallalDocket Number: 3:12-CR-922 (D.P.R. Cal.). Charges Unsealed Against Three Individuals Alleged to Have Operated Massive Mail Fraud Scheme United States v. Thanos, United States v. Lett, United States v. Runner 75 percent of PACER users do not pay a fee in a given quarter. Court Permanently Enjoins Mississippi Compounding Pharmacy and Two Individuals from Manufacturing and Distributing Adulterated Drugs United States v. Delta Pharma, Inc., et al. 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. Immunity of Government Officers Sued as Individuals 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. As part of the settlement, PharMedium may not manufacture, hold, or distribute its drugs from its Tennessee facility unless PharMedium complies with specific remedial measures set forth in the consent decree. On December 23, 2019, the U.S. District Court for the Eastern District of New York permanently enjoined Edgewood, New York entities ABH Natures Products, Inc., ABH Pharma, Inc., and StockNutra.com, Inc., along with the businesses owner, Mohammed Jahirul Islam, of Flushing, New York, from distributing adulterated and misbranded dietary supplements in violation of the Federal Food, Drug, and Cosmetic Act. However, according to a criminal Information filed Sept. 22, 2017, Aegerion failed to give health care providers complete and accurate information about HoFH and distributed Juxtapid as a general treatment for high cholesterol without adequate directions for such use. 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. Reasons for dismissal vary. The complaint and consent decree follow FDAs July 2019 administrative decision to suspend the defendants food facility registration. 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: 8:18-CV-996 (C.D. Civil Litigation These lots of drugs were not distributed into interstate commerce. SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. The former Elle magazine advice columnist alleges that Trump raped her in a luxury department store dressing room in the mid-1990s. Docket Number: 2:16-cr-71 (D. Nev.). According to the complaint, the defendants also misrepresent or fail to disclose material terms of those subscriptions, including that a lump sum will be paid up front, that subscriptions will automatically renew, and that subscriptions can be cancelled only by calling a customer service center that prevents and discourages cancellations or refunds. Many victims received nothing; others received only a cheap piece of jewelry or a report listing unrelated sweepstakes. Additionally, Lytles longtime live-in companion, Fredretta L. Eason, was charged with aiding and abetting Lytles criminal contempt. The FDA had specifically refused Acclarents request to clear the Stratus for marketing as a drug delivery device without further submissions to support that use. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. Dec. 1, 2020 . Cuzcano admitted that he managed and supervised call centers that were operated as part of the scheme in which the defendants and their employees falsely claimed to be lawyers, court officials, federal agents, and representatives of a supposed minor crimes court. According to court documents, Cuzcano and his co-conspirators falsely told victims that they had a contractual obligation to pay for and receive products and had caused legal problems for themselves and others by allegedly failing to do so. 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. Defendants Sentenced in Texas Prescription Drug Smuggling Ring United States v. Catherine Nix,Tom Giddens, and Wanda HollisPress ReleaseDocket Number: 6:14-CR-49 (E.D. Tex.). 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. Before closing in July 2010, Vendstar made approximately $10 million to $12 million in sales per year. The criminal charge and civil complaint alleged that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono). The date of the sentencing hearing has not yet been set. Edward Morris Ned Weaver, who was Vendstars president and CEO from 2004-2010, was sentenced to 60 months in prison. Fla.). Docket Number: 6:18-CV-0389 (M.D. According to the indictment, the Peruvian callers represented themselves as attorneys or government representatives and falsely told victims that they had failed to pay for or receive a delivery of products. In a civil lawsuit, Carroll alleges Trump raped her in a Manhattan department store in the 1990s. DAntonios two co-defendants, Ronald Rodis and Charles Wayne Farris, previously pled guilty. U.S. District Court Judge Robert Pitman has scheduled the sentencing hearing for Blue Bell Creameries for September 17, 2020. Docket Number: 2:18-CR-349 (E.D.N.Y). For more information, see the press release dated July 24. The courts order permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act and requires Gold Star and Pincow to implement consumer safety measures before continuing to process, pack, or distribute any fish or fishery products. 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. 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. Ga.). Press Release 950 Pennsylvania Avenue NW Donald Trump's legal cases and investigations, in one place - USA Government Files Complaint for Permanent Injunction Against New Jersey Maker of Ultrasound Gels United States v. Pharmaceutical Innovations Inc. and Charles Buchalter; Pharmaceutical Innovations, Inc. v. U.S. Food & Drug Admin; They were told to pay thousands of dollars to Lindo and others in order to collect their winnings. On August 31, 2020, four individuals were charged in connection with an alleged clinical trial fraud scheme involving Miami company Unlimited Medical Research. (D.N.J.). The civil action against the defendants, filed by the United States Attorneys Office for the Northern District of Texas and the Consumer Protection Branch, alleges that the defendants prescribed controlled substances in violation of the CSA. How to File a Federal Lawsuit (with Pictures) - wikiHow Life As part of Juxtapids approval, FDA required a Risk Evaluation and Mitigation Strategy (REMS) to educate prescribers about the risks of liver toxicity and to restrict access to Juxtapid only to those patients with a clinical or laboratory diagnosis consistent with HoFH. Docket No. In an order entered May 4, 2020, U.S. District Judge David O. Carter enjoined Innovative BioDefense, Inc., of Lake Forest, California, along with company CEO Colette Cozean and distributor Hotan Barough, from distributing Zylast hand sanitizer products until the company removes disease-specific claims from product labeling or obtains FDA approval. MediNatura v. FDA, On March 3, 2016, Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act. United States v. Palacio, Case No. Sentencing for Geissler, Doyle, Patel, and S.K. According to charges, Gore sent collection letters to victims of the psychic scheme after the victims checks bounced. On March 8, 2021, Michael Palso pleaded guilty to one count of conspiracy to commit health care fraud in connection with a nationwide scheme to defraud pharmacy benefit managers out of $174 million by submitting $931 million in bills for fraudulent prescriptions purchased from a telemarketing company, HealthRight LLC. Defendants Sentenced in Connection with Internet Pharmacy SchemeUnited States v. W. Scott HarkonenDocket Number: 15-16844 (9th Cir./N.D. 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. Cause Of Action: 28 U.S.C. On June 5, 2015, the United States filed an injunction action in the District of New Jersey against Acino Products, LLC (Acino) and its owner, Ravi Deshpande, to prevent the distribution of unapproved and misbranded drugs. Many alleged victims were elderly or otherwise vulnerable. In addition to the companys guilty plea, Roos, and its principals, Ana A. Roos and Virginia Mejia, agreed to a consent decree of permanent injunction. Twenty other individuals also have been convicted in connection with Vendstar, many of whom are awaiting sentencing. Cal.). Another co-conspirator, Omar Portocarrero Caceres, previously was sentenced to 46 months. All of the defendants played roles in developing, manufacturing, or marketing the popular USP Labs supplements known as Jack3d and OxyElite Pro. 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. Ninth Circuit Affirms Conviction in Miracle Cure CaseUnited States v. Louis Daniel SmithPress Release The named defendants include direct mailers, printers, a cager, and a data manager who created and maintained lead lists. If you believe you are a victim in this matter and would like to speak with someone regarding the case, please call Special Agent Chad Medaris, FDA Office of Criminal Investigations, at 214-887-4174. Defendant Sentenced for Role in Jamaican Lottery ScamUnited States v. Vania Lee AllenPress Release Alabama On August 5, 2020, a Nevada federal grand jury returned an indictment against Alex Quaglia and Patrick Fraser, both of Canada, for their alleged roles in elder fraud sweepstakes schemes. Docket Number: 3:15-cr-496 (N.D. 1:20-cr-20190(S.D. The callers falsely claimed that victims failed to pay for or receive certain product deliveries, and that victims owed thousands of dollars in fines as a result. District Judge Stanley R. Chesler told Yabe that you deserve to be professionally disgraced your conduct was unpardonable, but noted that there was no evidence that Yabe intentionally violated the law and credited him for coming to the United States to plead guilty, when there was little possibility that he would be extradited. 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. Ltd., an India-based company. Epsilon further admitted that over the course of nearly a decade, the company knowingly sold 30 million American consumers data to clients engaged in fraud. Two Mississippi Men Sentenced in Odometer Fraud SchemeUnited States v. Baine; United States v. Savarese, Press Release United States v. All Articles of Other-Sonic Generic Ultrasound Transmission Gel;United States v. Pharmaceutical Innovations, Inc. Press ReleaseDocket Number: 2:14-CV-6139 (D.N.J. The solicitations misled recipients into believing that they would receive large sums of money or powerful talismans for payments of $50 to $55. Docket Number: 0:17-CR-60056 (S.D. La. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. According to a signed plea agreement, from approximately September 2019 to November 2019, Reyes intentionally and unlawfully imported counterfeit THC vaping materials from China. 1343. );1:14-CR-10 (S.D. Docket NO. Me.). On June 1, 2020, U.S. District Judge Robert N. Scola sentenced Francesco Guerra to 90 months imprisonment and three years of supervised release for his supervision of a Peruvian call center used to carry out a fraud and extortion scheme against American consumers. Docket Number: 1:19-CR-20658-RNS (S.D. Docket Number: 3:18-CV-0127 (N.D. The order also compels the company to issue notices to its customers disavowing past COVID-19 claims, offer full refunds to affected customers, and enter a robust compliance plan to prevent future violations of the Federal Food, Drug, and Cosmetic Act, among other statutes. United States v. Yabe, Hisao, Press Release Mill Stream Corporation processed and distributed a variety of refrigerated, vacuum-packed, ready-to-eat, cold and hot smoked fish or fishery products such as smoked salmon, trout, and char. Press Release Complications from the disease can also lead to miscarriage. Docket Numbers: 15-cr-20471 (S.D. Four Defendants Charged in Indictment Unsealed in Clinical Trial Fraud Case. A locked padlock 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. 1345 against three John Doe defendants connected to a fraudulent sweepstakes scam. Docket Number: 5:12-CR-0141 (N.D. Ga.). Sonar, a New Jersey corporation, manufactures drugs for Stratus. On July 5, 2016, the district court entered a consent decree of permanent injunction against BEK Catering, LLC d/b/a Floppers Foods, LLC, and its co-owners Billy D. Stembridge, Jr. and Kyle Huxen, to stop them from violating the Food, Drug, and Cosmetic Act (FDCA). Courts use one of two versions of CM/ECF NextGen or CurrentGen. Jesus Gutierrez Rojas, Alexandra Podesta Bengoa, and Virgilio Polo Davila pleaded guilty to extortion following their extradition from Peru in April. The websites were linked to a large Internet pharmacy organization known as RX Limited. The governments complaint alleges that the defendants illegally market their Zylast hand sanitizer products as unapproved new drugs intended to fight various specific pathogens, such as Ebola. The injunction requires L.A. Star and the Goldrings to cease all operations and requires that, in order for the defendants to resume distributing seafood products, the FDA must first determine that its manufacturing practices have come into compliance with the law. Inspections have also revealed defendants inability to control pests in the firms production facility. The defendant sells smart home monitoring products and services on commission using a door-to-door sales force. The district court ordered the tobacco companies to issue corrective statements as part of the 2006 permanent injunction, which followed the nine-month civil racketeering trial. The indictment alleges that the remaining defendant, Andrea Burrow, opened victim return mail, sorted cash and other payments, and entered data from the victims responses into a database that the scheme used to target past victims with more fraudulent mailings. Lindo was also ordered to pay $292,900 in restitution. Jury selection begins in E. Jean Carroll rape lawsuit against Trump On July 31, 2015, the United States filed a complaint against three dietary supplement makers, Atrium Inc., Aspen Group Inc., Nutri-Pak of Wisconsin Inc., and the owners of the three firms, James F. Sommers and Roberta A. Sommers, based on violations of the Federal Food, Drug, and Cosmetic Act. Del.) Evidence at trial showed Cadden directed and authorized the shipping of contaminated MPA that caused the outbreak.Cadden also authorized the shipping of other drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, compounded drugs with expired ingredients, and employed an unlicensed pharmacy technician. Following the most recent inspection, at FDAs request, Downing voluntarily recalled all unexpired sterile injectable drugs that had been distributed and ceased manufacturing/compounding sterile injectable drugs. During the last five years it was open, Vendstar made approximately $62 million in sales. Tex.). The complaint alleged that the schemes generated approximately $4.8 million in annual victim losses. On December 14, 2015, the district court entered a Consent Decree of Permanent Injunction against Bethel Nutritional Consulting and its owners. 19-CR-00524 (W.D. In addition to imposing a civil penalty, the order permanently enjoins Dr. Reddys from distributing household oral prescription drugs in violation of the law and requires Dr. Reddys to implement a compliance program. Cal.). On August 14, 2020, the district court dismissed a challenge by a physicians interest group to FDAs since-revoked emergency use authorization (EUA) for hydroxychloroquine related to COVID-19. The Court found that Dish and various retailers the company hired to market its products and services made millions of telemarketing calls to phone numbers on the National Do-Not-Call Registry, calls to persons who asked sellers not to call them, and illegal robocalls. On July 5, 2017, the district court entered a consent decree of permanent injunction against Medistat RX, LLC, a compounding pharmacy, and three individual defendants: Mark D. Acker, who served as its Chief Executive Officer, Timothy L. Fickling, who served as its Production Manager, and V. Elaine Waller, who served as its Pharmacist-in-Charge and Quality Manager. Allen's co-conspirator falsely informed the victim by phone that the victim had won money in a lottery, and instructed the victim to make payments to various people in order to collect the purported lottery winnings. On Nov. 21, 2017, the district court entered consent decrees against defendants BDK Mailing GmbH, Mailing Force Pte, Ltd., Only Three Pte. 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. Docket Number: 2:16-CR-0262 (D. Nev.). Sixteen Defendants Have Pled Guilty to the Fraudulent Sale of Vending Machine Business Opportunities Fraud; Six Defendants Accused of Fraud Are Awaiting TrialVendstar (Multivend, LLC) (United States v. Edward Morris "Ned" Weaver, Lawrence A. Kaplan, Scott M. Doumas, Mark Benowitz, Richard R. Goldberg, Richard Linick, Paul E. Raia, Howard S. Strauss, Wallace W. Wally DiRenzo, and James P. Ellis, a/k/a Max Braddock, a/k/a Patrick Cosgrove, a/k/a Todd Parker," Theodore D. Heyman, Adam Abzug, Jeffrey T. Baird, a/k/a Jay Baird, Dennis Daniele, Jay A. Friedman, Steven Gralnick, a/k/a Robert Gralnick, Mark L. Harris, a/k/a Harris Marks, Iris Jumper; Michael C. Minotto, a/k/a Dean Minotto, Steven Rosenberg, Anthony Joseph Spinelli, and Barry Stern), Press Release Ryan, at the time a licensed physician in Virginia, was paid $2 per drug order. United States v. Diaz Allen was also ordered to pay $117,000 in restitution. One of his co-defendants will be sentenced in April, and another co-defendant is set for trial later this spring. The former president says nothing happened between them. E. Jean Carroll says former President Donald J. Trump attacked her in a department store. All three defendants previously pled guilty to charges of conspiracy to smuggle imitation, unapproved, and misbranded prescription drugs from China. According to the governments complaint in the case, the defendants perpetrated a wire fraud scheme by creating 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. WebFederal case files are maintained electronically and are available through the internet-based Public Access to Court Electronic Records (PACER) service.
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