Month: October 2022

Source: United States Department of Justice 2

A federal court permanently enjoined a Chandler, Arizona company from making and selling adulterated and misbranded dietary supplements, the Department of Justice announced today.

In a complaint filed on Oct. 12, 2022, the United States alleged that Global Vitality Inc., doing business as Enzyme Process International, along with company owner Steven D. Roderick, and the company’s corporate secretary Gorica Blagojevic, violated the Federal Food, Drug, and Cosmetic Act by distributing adulterated and misbranded dietary supplements. The government alleged that despite several Food and Drug Administration inspections over eight years and an FDA warning of non-compliance, the defendants continued to manufacture dietary supplements that were adulterated and misbranded in violation of current good manufacturing practice regulations, relevant food safety standards, and hazard prevention measures.

According to the complaint, which was filed in the U.S. District Court for the District of Arizona, FDA inspected the Global Vitality facility multiple times, in 2012, 2014, 2016, 2019 and most recently in June and July 2021. The complaint alleged that FDA inspections found violations of regulatory requirements meant to control the risk of hazards in dietary supplements, and failures to follow current good manufacturing practices for dietary supplements. The complaint also alleged that a quality control failure at Global Vitality led to a positive test for the bacteria E. coli in one of its products.

“Dietary supplement makers must abide by federal health and safety requirements,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will work with FDA to vigorously enforce laws meant to protect consumers.”

“Protecting the American public’s access to safe and quality-made products is a core function of the FDA’s public health work,” said the FDA’s Associate Commissioner for Regulatory Affairs Judith McMeekin, Pharm.D. “To do so, the agency will continue to use all of the regulatory tools available and work with our federal law enforcement partners at the Department of Justice to ensure firms meet acceptable regulatory requirements for quality. Today, these standards were again upheld. Global Vitality Inc. (doing business as Enzyme Process International), along with company owner Steven D. Roderick and company corporate secretary Gorica Blagojevic, will be required to comply with federal law.”

The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act. Among other measures, the order requires the defendants to come into compliance with the law and to retain independent experts in labeling and current good manufacturing practices.

Trial Attorney Ellen Bowden McIntyre of the Justice Department’s Consumer Protection Branch is handling the case with the assistance of Associate Chief Counsel Roselle Oberstein of the Food and Drug Administration’s Office of the Chief Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.

The claims resolved by the resolution announced today are allegations only and there has been no determination of liability.

Source: United States Department of Justice News

Jackson, Miss. – A Memphis man pled guilty to sex trafficking of a minor and interstate sex trafficking, announced U.S. Attorney Darren LaMarca, Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation, and Mississippi Attorney General Lynn Fitch.

Wayne Edwards Settles, 30, pled guilting on October 25, 2022, in U.S. District Court in Jackson.

According to court documents and statements made in court, Wayne Edwards Settles, 30, was actively involved with the sex trafficking of a minor and an adult whom he transported from Louisiana to Mississippi to perform commercial sex acts in August and September 2020.

Settles will be sentenced on February 7, 2023, and faces a mandatory minimum penalty of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Federal Bureau of Investigation, Mississippi Attorney General’s Office, and the Richland Police Department investigated this case.

Assistant U.S. Attorney Kimberly Purdie is prosecuting the case.

Source: United States Department of Justice News

          LOS ANGELES – United States Attorney Martin Estrada announced today that Assistant United States Attorney Thomas F. Rybarczyk will serve as District Election Officer for the Central District of California during the Justice Department’s nationwide Election Day Program for the upcoming November 8 general election.

          As District Election Officer, AUSA Rybarczyk will oversee the handling of complaints related to election fraud, voting rights concerns and threats of violence to election officials or staff occurring in the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo. If complaints are received, he will coordinate with the FBI’s Field Office in Los Angeles to investigate them and will consult with the Department of Justice in Washington, D.C.

          “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a free and fair election,” said United States Attorney Estrada. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice always will work tirelessly to protect the integrity of the election process.”

          The Department of Justice plays an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

          Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).

          “The right to vote is the cornerstone of American democracy,” United States Attorney Estrada said. “We all must ensure that those who have the right to vote can exercise it if they choose, and that those who seek to corrupt it are brought to justice.”

          In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other voting rights abuses on election day. Agents at the FBI’s Los Angeles Field Office, which serves the same seven counties as the United States Attorney’s Office, can be reached by the public at (310) 477-6565.

          Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C., by phone at (800) 253-3931 or via a complaint form that may be found at https://civilrights.justice.gov.

          Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.