According to a Crown Prosecution Service press release, Peter Boddy and David Moss have been sentenced in the first prosecutions stemming from the “horsemeat scandal” of 2013. Moss, the slaughterhouse manager, was convicted of falsifying an invoice during a U.K. Food Standards Agency investigation and received a four-month suspended prison sentence. Slaughterhouse owner Boddy was fined ₤8,000 for failing to keep adequate records that could trace the origin of the meat, and each defendant must also pay costs of ₤10,442 within six months. “This deception is serious—the absence of proper records means that it is not possible to identify whether the horsemeat may have entered the human food chain,” the prosecutor said. “It also means that if there was a problem with the horsemeat it would not be possible to recall it.” Issue 560
Tag Archives criminal
A Colorado state court has approved the settlements of several wrongful death and personal injury suits against 14 defendants—including Jensen Farms—stemming from the sale of cantaloupe tainted with Listeria that killed 33 people in 2011. Exley v. Jensen Farms, No. 2011-1891 (Colo. D.C., Arapahoe Cty., order entered March 5, 2015). The court dismissed 24 of 26 cases pursuant to the settlement agreement reached in February 2015, remanded one case to a Texas court and left the dismissal of the last case to a probate court because it regards a minor. The settlement terms are confidential, but according to plaintiffs’ attorney Bill Marler, the medical expenses total more than $12 million. Details about the criminal charges against the brothers who own Jensen Farms appear in Issue 500 of this Update. See Minneapolis Star Tribune, March 11, 2015. Issue 558
Philip Payne, the former operations manager of Halal-food company Midamar Corp., has pled guilty to a charge of conspiracy to make and deliver false certificates and writings stemming from Midamar’s export of beef to Indonesia and Malaysia purportedly prepared in accordance with Islamic law. U.S. v. Payne, No. 14-cr-0143 (N.D. Iowa, request for approval filed January 7, 2015). In his plea agreement, Payne admitted that Midamar attempted to meet the rise in Halal meat demand by supplying kosher beef slaughtered by rabbis without any oversight from a Muslim slaughterman. Several executives at Midamar have been charged with making false statements on export certificates, committing wire fraud and laundering money, allegations to which founder William B. Aossey Jr. and two of his sons pled not guilty in December 2014. A trial on those charges is set for February 17, 2015. Issue 550
Shook, Hardy & Bacon Agribusiness & Food Safety Co-Chair Madeleine McDonough was quoted in two January 2, 2015, Law360 articles about various legal, legislative and regulatory issues expected to affect food and beverage manufacturers in the new year. Given the September 2014 convictions of former Peanut Corp. of America owner Stewart Parnell and two other company executives on criminal charges stemming from a 2008-2009 Salmonella outbreak that sickened hundreds of people nationwide and was linked to nine deaths, McDonough speculated that similar misdemeanor prosecutions under the Park Doctrine could be on the rise. “People are really watching all of the fallout from the Parnell situation and trying to keep that in mind in making sure they have appropriate procedures internally,” McDonough told Law360. Under the Park Doctrine, food and drug company executives can be criminally prosecuted for product safety violations without any proof that the executives had any specific knowledge or…
Stewart Parnell, former CEO of Peanut Corp. of America (PCA), and his brother Michael Parnell, former vice president of sales, have filed a joint motion for a new trial following their recent convictions on charges stemming from a Salmonella outbreak traced to their peanut processing facilities. United States v. Parnell, 13-12 (M.D. Ga., motion filed October 7). In a separate motion, former quality control manager Mary Wilkerson asked the court to acquit her of obstruction-of-justice charges because, she argued, the government failed to provide “a recording, time log, video, affidavit, state or any time of record of the alleged interview” in which Wilkerson was apparently asked “if she was aware of any positives [for Salmonella] in any of the FDA Inspector’s notes.” In their motion, the Parnells claimed that jury members conducted their own research and discovered that the Salmonella outbreak had been linked to nine deaths, a fact that had been excluded…
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…
Defense counsel and a U.S. attorney made their closing arguments September 11-12, 2014, in the criminal trial of three former Peanut Corp. of America officials and employees who were charged with mail and wire fraud, obstruction, conspiracy, and other counts relating to a nationwide 2008-2009 Salmonella outbreak linked to the company’s Blakely, Georgia, facility. United States v. Parnell, No. 13-cr-12 (M.D. Ga.). Details about the charges appear in Issue 472 of this Update. The prosecution reportedly rested its case on September 11 in a trial that began August 2, and just one defendant—Michael Parnell—chose to present any evidence during a session lasting about an hour. His counsel argued that Michael was not a company director and never received a Peanut Corp. paycheck; rather, he was a customer who purchased tainted food from his brother Stewart’s plant, said a news source. Former owner Stewart Parnell decided not to introduce any testimony, and during…
A federal court in Idaho has denied, in part, the motion to dismiss filed by state officials in a challenge filed by animal-rights activists and other groups to a law that criminalizes the undercover investigations of agricultural operations. Animal Legal Defense Fund v. Otter, No. 14-0104 (D. Idaho, order entered September 4, 2014). The court agreed to dismiss the governor who lacked enforcement authority under the law and emphasized that its rulings did not address the merits of the plaintiffs’ claims of First Amendment and Equal Protection violations, as well as preemption under three federal laws that protect whistleblowers. According to the court, the law was enacted after Mercy for Animals Dairy released a video of workers abusing cows at an Idaho dairy. The footage had been obtained by an undercover investigator who misrepresented his identity to gain access to the facility and made the audiovisual recordings without the dairy owner’s knowledge…
The Department for Environment, Food and Rural Affairs (DEFRA) and Food Standards Agency on September 4, 2014, issued a final report evaluating U.K. food supply networks and containing recommendations for government action to address any weaknesses. The government commissioned the report from University of Belfast Professor Chris Elliott following a 2013 incident known as “Horsegate” in which various beef products were found to be adulterated with undeclared horse meat. In response to the report’s eight major recommendations, the government has vowed to establish a Food Crime Unit by the end of 2014. Supported by a number of state, local, federal, and international law enforcement agencies, the Unit will reportedly focus its initial efforts on gathering intelligence about the nature and risks of food fraud. Other actions the government reportedly plans to implement go from setting up a network of food analytical laboratories to using standardized testing methodologies and creating a…
Former Rancho Feeding Operations co-owner Robert Singleton has agreed to plead guilty to one count of aiding and abetting the distribution of condemned and diseased cattle in violation of the Federal Meat Inspection Act and will testify against the other owner of the now-defunct slaughterhouse operation and its employees. United States v. Singleton, No. 14-cr-441 (N.D. Cal., entered August 22, 2014). Additional details about the criminal allegations appear in Issue 535 of this Update. As part of the agreement, Singleton, who is 77, will cooperate with the U.S. attorney’s office, surrender any assets acquired as a result of the alleged illegal conduct, and permanently cease and desist from owning, operating or managing a meat-processing facility or slaughterhouse. The agreement contains admissions as to all of the conduct alleged in the information filed against Singleton, including instructing employees to swap the heads of healthy cattle for those of diseased cattle before…
