federal civil lawsuit

2254 and $455.002 for and United States v. Global Voicecom, Inc., et al. Ninth Circuit Affirms Conviction in Miracle Cure CaseUnited States v. Louis Daniel SmithPress Release The order further requires the defendants to have the independent laboratory test their cheese products for the presence of Listeria, E. coli, and other bacteria. The Eleventh Circuit rejected both of his arguments, holding that the prison sentence was substantively reasonable and that the district court did not err in denying his motion to proceed pro se without holding a third Faretta hearing. Docket Number: 3:18-CV-01908; 5:18-CV-01891 (N.D. Ohio). Because Acino has never submitted an application for FDA approval of the drugs, they have never been found to be safe and effective. On December 7, 2016, Palmer pleaded guilty to one count of conspiracy to commit mail and wire fraud. The court also ordered Becker, the owner of sport supplement company Accelerated Genetix, LLC., to forfeit $3.5 million. The 10 counts of conviction were misdemeanor counts related to the same conduct. The remaining three defendants are all in custody in the Philippines and awaiting repatriation/extradition. On July 20, 2016, a federal jury returned guilty verdicts against William Facteau and Patrick Fabian for distributing a medical device known as the Relieva Stratus Microflow Spacer (Stratus). However, as of early 2017, the defendant had not brought any purchase offers to the court, and he continued to owe more than $2.8 million. Docket No. Cuzcano is the first of five defendants in the case to plead guilty. On February 7, 2019, U.S. District Judge Aleta Trauger issued a temporary restraining order against two Celina, Tennessee pharmacies, their majority owner, and three pharmacists, stopping them from continuing to dispense controlled substances. A few examples of cases under federal law include suing a police officer under the federal civil rights statute (called a 1983 case) or suing because a government organization has unlawfully discriminated against you. Court Denies Homeopathic Drug Companys Third Motion for Injunctive Relief in Case Involving Challenge to FDAs Addition of the Companys Products to an Import Alert. The complaint alleged that Neptune prepares, processes, packs, holds and distributes ready-to-eat smoked and salt-cured seafood including pickled herring, smoked steelhead trout, smoked halibut, smoked whitefish, smoked salmon and smoked mackerel. In this appeal, he argued that the sentence was substantively unreasonable given, among other things, his age and health, and his non-citizenship concerns. On October 17, Samaiyah Sharron Armistead pleaded guilty in U.S. District Court for the District of Maryland to one count of conspiracy to commit money laundering. Gali was extradited from Israel in December 2019; his sentencing is scheduled for December 10. ), Docket Numbers: 2:16-CR-0124 (E.D. In the course of authorizing drug orders for RX Limited, the defendant had no face-to-face contact with customers, performed no mental or physical examinations, did not take patient histories or perform any diagnostic or laboratory testing, did not check the accuracy of the information customers provided, and did not monitor, or provide any means to monitor, medication response. In addition to pleading guilty to international money laundering and conspiracy charges linked to RX Limited, Leroux also pleaded guilty to trafficking methamphetamine, unlicensed exportation of goods and technology from the United States to a third country, computer hacking, and accessory-after-the-fact charges. The injunction further requires Dr. Reddys to maintain internal controls and procedures designed to ensure timely, truthful, complete, and accurate reporting of such issues to the Commission. 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. Court Enters Order of Permanent Injunction Against California Mung Bean and Soy Manufacturer United States v. Henh Wong Fresh Produce, et al. Basnight also was ordered to pay approximately $400,000 in victim restitution. 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. Although Baxter distributed the adulterated products it made in that clean room, there was no evidence of impact on the IV solutions from the mold found on the filters. The defendants are scheduled to be sentenced early next year. On March 9, 2016, Gareth David Long, a British citizen residing in Las Vegas, Nevada, was charged in a 39-count indictment in the District of Nevada. Docket Number: 2:14-cr-126 (E.D. A preliminary injunction hearing is scheduled for December 3, 2018. For more information about this case and any further updates, please see this page. Blue Bell Creameries Agrees to Plead Guilty and Pay $19.35 Million for Ice Cream Listeria Contamination; Former Company President Charged, United States v. Blue Bell Creameries; United States v. KrusePress release As alleged in the information, while a number of the patients who died had underlying conditions which may have contributed to their deaths, medical records of some patients suggest that the S. marcescens bloodstream infections were also a significant factor. United States v. Eric Nepute and Quickworks LLC, Registered filers to file federal court documents 24 hours a day, 7 days a week. As part of his guilty plea, Guerra admitted that he and others at the call centers falsely claimed to be attorneys or government representatives. Docket Number: 1:17-CR-0109-MOC-DLH (W.D. Weaver and Kaplan were both found guilty after a 6-week trial last year of conspiracy, mail fraud, wire fraud, and making a false statement. On September 27, 2016, Vania Lee Allen was sentenced to 40 months in prison and 3 years of supervised release following her conviction on charges of conspiracy to commit wire fraud and falsely impersonate an employee of the United States. In fact, there are currently no legitimate COVID-19 vaccines in existence. Docket Number:1:18-CR-0046 (S.D. The United States alleged in a February 2018 complaint that defendants failed to abide by laws designed to protect consumers from consuming food that contained new animal drugs above legal limits. Docket Number: 3:15-CR-496 (N.D. The resolution the largest recovery by the United States in a case concerning an opioid drug includes the forfeiture of proceeds totaling $647 million, civil settlements with the federal government and the states totaling $700 million, and an administrative resolution with the Federal Trade Commission for $50 million. In denying MediNaturas motion, the court held that the company could not establish a likelihood of success on the merits of those claims without first asking the court to reconsider its dismissal of them. Fla.). Defendant Sentenced in Connection with Lottery Scam Based in JamaicaUnited States v. Shashana Stacyann Smith Press Release According to an indictment returned last October, Xu agreed with a confidential government informant to mislabel synthetic stimulants arriving in the United States or otherwise help to hide from retailers the true nature of a proposed new dietary supplement. Access to case information costs $0.10 per page. Sentencing will be held in U.S. District Court in Austin, Texas. Pursuant to the decree, the defendants must cease all operations and obtain FDAs approval before resuming the manufacture of dietary supplements in the future. 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. The Dutch authorities also took control of the Dutch postal boxes used by the defendants to receive victim funds. The order also imposes a civil penalty of approximately $45.4 million, of which all but $487,735 is conditionally suspended based on the defendants financial condition. This case was initiated in 2011, alleging that the defendants, Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III, committed widespread violations of the FTC Act and Telemarketing Sales Rule (TSR) in various telemarketing campaigns to sell DVDs and movie tickets, and in charitable solicitation call campaigns. One of Robinsons co-conspirators, the title clerk who issued many of the fraudulent titles, was sentenced to five years of probation with 12 months of home detention in September 2016. Docket Numbers: 1:19-cr-20658 (S.D. 3:19-CR-00632 (N.D. Tex.). Press Release Press Release ) The money laundering was in connection with an international lottery fraud scheme involving co-conspirators in Florida and Jamaica. Docket Number: 2:20-cv-10032 (E.D. 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. 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. For more information, read Rule 4 of the Federal Rules of Civil Procedure or contact the PRO SE Clerk. 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. 950 Pennsylvania Avenue NW mono.) 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. If your case is based on a federal law, you can sue in federal court. Based on the evidence presented, the court found probable cause to conclude that Defendant Elagoon Business Solutions PVT Ltd., d/b/a Computer Phone Assist was, prior to filing of the Complaint, violating and, unless a preliminary injunction is entered, will continue to violate the federal wire fraud statute, 18 U.S.C. On May 20, 2015, the United States filed a criminal Information against ConAgra Grocery Products, alleging that the company introduced salmonella-contaminated Peter Pan peanut butter into interstate commerce during the outbreak. In reality, Romeos companies sold Chinese knock-off hoodia that was imported using forged documentation. Under the Courts order, the defendants may not manufacture or distribute their over-the-counter drug products from any facility owned or operated by the defendants unless they comply with specific remedial measures set forth in the injunction. Weaver and Kaplan were ordered to report to prison on January 9, 2017. On May 31, 2017, Rojen Burnett was sentenced to serve 12 months in prison and pay $399,363 in restitution for his role in a conspiracy to sell cars with rolled-back odometers. 19-cv-03073 (E.D.N.Y.). For more information, see the press release issued August 22, 2018. 1:20-cr-49 (W.D. Manufacturer to Pay $43 Million for Distributing Medical Devices with Improper Instructions for Use and Failing to File Timely Adverse Event Reports, United States v. Pentax Medical CompanyPress Release Cal.). Docket Number: 19-CV-00027 (C.D. 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. Court: Third Circuit New Jersey US District Court for the District of New Jersey. On August 30, 2018, the district court granted the governments motion for default judgment and entered an order of permanent injunction against S Hackett Marketing LLC d/b/a Just Enhance, R Thomas Marketing LLC, Shawn Hackett, and Roger Thomas. Docket Number: 1:16-CR-0450 (D. The case is before U.S. District Judge Robert N. Scola. 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. Fla.). According to the complaint, victims sent hundreds of millions of dollars to defendants in fees, but received nothing of value in return. 4:21-cv-00437-RLW (E.D. Laboratories, a California dietary supplement manufacturer, pleaded guilty to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce. The settlement requires Facebook to pay a $5 billion civil penalty and amends the 2012 FTC order by requiring Facebook to implement comprehensive new privacy measures, including creating an independent assessor and independent privacy committee to oversee compliance with the order; conducting privacy reviews for all Facebook-owned products and services, including Instagram and WhatsApp; and committing to annual compliance certifications by Facebook CEO Mark Zuckerberg. La. The Court also entered a Consent Order of Forfeiture for $388,265.12, Ul Haqs portion of the proceeds from drug sales to United States customers. this section shall govern the venue of all civil actions brought in district courts of the United States; and. WebPhone Access to Court Records Filing Electronically Find court specific information to help you file a case electronically and developer resources. The government alleged that the companys fish products were adulterated pursuant to the Food, Drug, and Cosmetic Act. Docket Number: 2:16-CR-0262 (D. Nev.). Docket Number: 3:19-CV-1055 (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. The defendants did not respond to the complaint, and the court ordered them to cease distribution of all drugs until the companies implement specified remedial measures to ensure compliance with the FDCA. In pleading guilty, Smith admitted that from in or around early 2015 through at least in or around August 2016, she participated in a scheme to defraud victims throughout the United States. Arbor Pharmaceuticals v. Cochran, But the court left for the jurys determination at trial the issues of whether the defendants were liable for making deceptive claims, ignoring consumers prior do-not-call requests, and abandoning calls. British Man Indicted for Large-Scale Wire Fraud and Identity Theft SchemeUnited States v. Gareth David Long, Press Release On May 5, 2021, the Court entered a stipulated preliminary injunction against a St. Louis chiropractor, Eric Nepute, and his company Quickwork LLC, d/b/a Wellness Warrior, whom the government alleged were deceptively advertising vitamin D and zinc as COVID-19 treatments. She pleaded guilty to one count of conspiracy to commit wire fraud on Sept. 28, 2016. Defendant Sentenced for Role in Jamaican Lottery ScamUnited States v. Vania Lee AllenPress Release The consent decree subjects the defendants to heightened FDA oversight and requires them to cease all operations until the defendants implement a number of new record-keeping and operational protocols designed to ensure consumer safety. The complaint also alleged that PharMedium distributed unapproved new drugs and misbranded drugs by failing to comply with requirements for drugs compounded in a registered outsourcing facility. 1. Court Denies Homeopathic Drug Companys Motion for Preliminary Injunction in Case Involving Challenge to FDAs Addition of the Companys Products to Import Alert. Operator of Odometer Fraud and Title Scheme SentencedUnited States v. BasnightPress Release WebCivil Lawsuit Guide Eff. On Feb. 28, 2018, the United States filed a civil complaint, and on Mar. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. In March 2015, the district court granted partial summary judgment in the United States favor on the DNC Registry, oral disclosures, and caller ID claims. Court Dismisses Challenge to FDAs Emergency Use Authorization for Hydroxychloroquine Related to COVID-19 Assn of Am. 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. Reyes is charged with importation of drug paraphernalia, conspiracy to violate the Controlled Substances Act, and smuggling. McLaughlin helped Burnett commit odometer fraud by fraudulently issuing new Georgia titles with false low mileages in exchange for cash. North Carolina Dietary Supplement Distributor Sentenced in Case Involving Synthetic Steroids. Long Island Man Pleads Guilty to Mail Fraud Conspiracy. Dominic Smith (no relation to Shashana Smith) was sentenced in October 2015 to 27 months in prison and one year of supervised release. Docket Number: 1:17-CV-03751; 1:17-CV-03752 (E.D.N.Y.). 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. Docket Number: 1:18-CV-5104 (N.D. Ill.). From July 2008 until May 2012, Marks made sales from an office in Brooklyn, New York, on behalf of U-Turn Vending, which was based in Idaho. Trial for the remaining defendants is set for July 13, 2021. The order permanently enjoins the defendants from processing and distributing food that is adulterated under the Food, Drug, and Cosmetic Act. If you cannot find thecaseparty through thePACER Case Locator, then contact thefederal courtwhere you think the case was filedfor assistance. 841(a) and (b)(l)(B). United States v. Confidence USA, Inc., et al., Docket No. On May 8, 2019, the court sentenced Matthew Dailey to 24 months in prison for the illegal importation and sale of kratom, which he sold to consumers as a purported treatment for various serious diseases and medical conditions, including opiate withdrawal symptoms. Jury selection starts Tuesday in E. Jean Carrolls rape lawsuit in a New York federal court. On April 29, 2019, Caprice R. Bearden was sentenced in Indianapolis for her role in a conspiracy to defraud the U.S. Food and Drug Administration concerning the distribution of under- and over-potent compounded drugs. Justice Department Files Suit Against Tampa-Area Physician, Pharmacy, and Clinic Owners for Opioid-Related Controlled Substances Act Violations. According to the complaint, Parrish failed to ensure the temperature of ready-to-eat caviar remained at a level low enough to control Clostridium botulinum growth and toxin formation, which can cause botulism. The decree also requires a recall of all dietary supplements sold by the firm sold since January 1, 2014.

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