Following a seven-week trial in Albany, Georgia, a jury has reportedly
convicted former Peanut Corp. of America owner Stewart Parnell, his brother
Michael Parnell and quality assurance manager Mary Wilkerson on charges
stemming from a 2008-2009 Salmonella outbreak that sickened hundreds
of people nationwide and was linked to nine deaths. United States v. Parnell,
No. 13-cr-12 (U.S. Dist. Ct., M.D. Ga., Albany Div., verdict entered September
19, 2014). Details about the mail and wire fraud, obstruction and conspiracy
charges appear in Issue 472 of this Update. The conspiracy and obstruction
charges each carry a potential sentence of 20 years in prison; sentencing
will occur at a later date. Two former plant managers who were also charged
entered guilty pleas that required them to cooperate with the prosecution.

According to a news source, this could be the first time that corporate
executives and facility workers have gone to trial in the United States on
criminal charges arising from a food-contamination incident. The company’s
products were used as ingredients in crackers and other snack foods. While
jurors heard testimony from some 50 witnesses and prosecutors introduced
approximately 1,000 documents, jurors did not learn during trial that anyone
died from eating contaminated products. Victims’ survivors who attended
the trial were surprised that prosecutors made the strategic decision not to
introduce evidence about the deaths and were apparently concerned that the
jurors would not be able to grasp the significance of the defendants’ alleged
conduct. See Associated Press, September 18 and 19, 2014.

 

Issue 538

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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