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119.

Sample Indictment -- Food Fraud Prosecution -- Mail and Wire Fraud Counts

COUNTS 2 - 9

Mail Fraud

1. hose parts described as Part A, Introduction, paragraphs 1 through 18 inclusive, of Count 1 of this Indictment are incorporated specifically herein and are realleged as if set forth in full in these Counts.

2. From at least as early as 1979 through February 1991, in the Western District of Michigan and elsewhere, the defendants,

REALGOOD PRODUCTS COMPANY, FEELIN FINE FOODS CORPORATION, XXXXX X. XXXXXX, * * *

did knowingly and willfully devise and intend to devise a scheme and artifice to defraud, and obtain money and property from, buyers of foods represented to be orange juice from concentrate and concentrated orange juice for manufacturing, by means of false and fraudulent pretenses, representations, and promises, knowing that the pretenses, representations, and promises were false when made.

3. It was part of said scheme and artifice that Realgood and Feelin Fine sold to customers products that were represented to be orange juice from concentrate and concentrated orange juice for manufacturing, when in fact, as a result of the acts of the defendants, those products contained substantial quantities of beet sugar, syrup containing beet sugar, orange pulpwash, citric acid, and amino acids, which ingredients were not orange juice or orange juice concentrate. Realgood's and Feelin Fine's purported orange juice from concentrate also contained preservatives.

4. It was further part of said scheme and artifice that XXXX X. XXXXXXXX caused Feelin Fine employees to add beet sugar, orange pulpwash, citric acid, and amino acids to concentrated orange juice that was shipped to Realgood for use in manufacturing products labeled as and represented to be orange juice from concentrate. XXXXX X. XXXXXXXX also caused Feelin Fine employees to add beet sugar, orange pulpwash, citric acid, and amino acids to a product that was shipped to a juice company in Detroit, Michigan, on Realgood's behalf and which product Realgood represented to be concentrated orange juice for manufacturing.

5. It was further part of said scheme and artifice that XXXXXX X. XXXXXX, XXXXXXX X. XXXXXXXXXX, XXXX XXXXX, and XXXXXX XXXXX XXXXXXX caused Realgood employees to use Feelin Fine's purportedly concentrated orange juice for manufacturing, which actually contained sugar and other additives, in manufacturing products bearing the Valley Tree and Feelin Fine labels, which falsely represented those products to be orange juice from concentrate. These defendants also caused Realgood employees to add preservatives and orange pulpwash to such products.

6. It was further part of said scheme and artifice that XXXXX X. XXXXXXXX and XXXX X. XXXXXXXX caused a preservative to be imported into the United States for use by Feelin Fine and Realgood. The preservative was falsely described on the invoices at the time of importation as a "cleansing and aseptisizing compound" or an "aseptisizing compound"; it was falsely invoiced to Realgood as "flavoring compound."

7. It was further part of said scheme and artifice that XXXXX X. XXXXXX would represent Feelin Fine's orange juice products to Feelin Fine's customers and distributors as being orange juice from concentrate.

8. It was further part of said scheme and artifice that XXXXXX XXXXXXXX would represent Realgood's Valley Tree orange juice products to Realgood's customers and distributors as being orange juice from concentrate.

9. It was further part of said scheme and artifice that Realgood and Feelin Fine would mail to and receive from one another invoices and checks for raw materials and finished product labeled as orange juice from concentrate and concentrated orange juice for manufacturing.

10. On or about the dates listed below, for the purpose of executing and attempting to execute said scheme and artifice to defraud, in the Western District of Michigan the defendants,

REALGOOD PRODUCTS COMPANY, FEELIN FINE FOODS CORPORATION, XXXXXX X. XXXXXX, * * *

caused to be placed in authorized depositories for mail matter, to be sent and delivered by the United States Postal Service, to the recipient listed below, invoices as indicated below, each such instance being a separate and additional Count of this Indictment.

Count Date Invoice Number Recipient

2 02/22/88 0186420 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

3 02/23/88 0186670 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

4 02/29/88 0188180 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

5 03/01/88 0188490 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

6 03/02/88 0188880 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

7 03/07/88 0190090 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

8 03/08/88 0190390 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

9 03/10/88 9230197 Feelin Fine Foods Corp. 1234 North Pine Chicago, Illinois

18 U.S.C. § 1341 18 U.S.C. § 2

COUNTS 10 - 15

Wire Fraud

1. Those parts described as Part A Introduction, paragraphs 1 through 18 inclusive, of Count 1 of this Indictment and paragraphs 2 through 8 inclusive of Counts 2 through 9 of this Indictment are incorporated specifically herein and are realleged as if set forth in full in these Counts.

2. On or about the dates listed below, for the purposes of executing and attempting to execute a scheme and artifice to defraud customers of products represented to be orange juice from concentrate and concentrated orange juice for manufacturing, in the Western District of Michigan, the defendants,

REALGOOD PRODUCTS COMPANY, FEELIN FINE FOODS CORPORATION, XXXXXX X. XXXXXX, * * *

did transmit and cause to be transmitted in interstate and foreign commerce, by means of wire communications, certain writings, that is, facsimile transmissions of letters, as indicated below, each such instance being a separate and additional Count of this Indictment.

Count Date Point of Origin Point of Reception

10 11/15/88 Chicago, Illinois Lansing, Michigan

11 02/07/89 Greifenberg,Germany Lansing, Michigan

12 05/08/90 Lansing, Michigan Cambridge, Massachusetts

13 08/06/90 Cambridge, Lansing, Michigan Massachusetts

14 11/27/90 Schondorf, Germany Lansing, Michigan

18 U.S.C. § 1343 18 U.S.C. § 2