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120.

Sample Indictment -- Food Fraud Prosecution -- Miscellaneous Counts

COUNTS 15 - 22

Interstate Shipment of Adulterated Food

1. Those 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. On or about the dates listed below, in the Western District of Michigan and elsewhere, the defendants,

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

with the intent to defraud and mislead, introduced and delivered for introduction, and caused to be introduced and delivered for introduction, into interstate commerce, for delivery from Realgood in Lansing, Michigan, to Feelin Fine in Chicago, Illinois, adulterated foods, to wit: foods fraudulently labeled as, and otherwise fraudulently represented to be, orange juice from concentrate.

3. The foods were adulterated within the meaning of the following sections of Title 21, United States Code: Section 342(b)(2), in that beet sugar and syrup containing beet sugar were substituted in part for orange juice and orange juice concentrate; Section 342(b)(3), in that citric acid and amino acids were added to those foods to conceal damage and inferiority; and Section 342(b)(4), in that citric acid, amino acids, and a preservative were added to and mixed and packed with those foods so as to make them appear better and of greater value than they were. Each instance listed below is a separate and additional Count of this Indictment.

Count Date of Shipment Invoice Number

15 02/22/88 0186420

16 02/23/88 0186670

17 02/26/88 0188180

18 03/01/88 0188490

19 03/02/88 0188880

20 03/07/88 0190090

21 03/08/88 0190390

22 03/10/88 9230197

21 U.S.C. §§ 331(a) and 333(b) (since July 22, 1988, 21 U.S.C. § 333(b) has been recodified as 21 U.S.C. § 333(a)(2)) 18 U.S.C. § 2

COUNTS 23-30

Interstate Shipment of Misbranded Food

1. Those 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. On or about the dates listed below, in the Western District of Michigan and elsewhere, the defendants,

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

with the intent to defraud and mislead, introduced and delivered for introduction, and caused to be introduced and delivered for introduction, into interstate commerce, for delivery from Realgood in Lansing, Michigan, to Feelin Fine in Chicago, Illinois, misbranded foods, to wit: foods fraudulently labeled as, and otherwise fraudulently represented to be, orange juice from concentrate.

3. The foods were misbranded within the meaning of the following sections of Title 21, United States Code: Section 343(a)(1), in that the labeling of those foods was false and misleading because the labeling represented and suggested that the foods consisted only of orange juice from concentrate, when in fact those foods contained large amounts of beet sugar and syrup containing beet sugar, as well as a preservative, citric acid, and amino acids; and Section 343(g), in that foods represented to be foods for which a definition and standard of identity were prescribed by regulation (21 C.F.R. § 146.145), namely, orange juice from concentrate, failed to conform to that definition and standard of identity, in that they were composed, in part, of ingredients not permitted by the definition and standard of identity, including beet sugar (without a labeling statement), a preservative, citric acid, and amino acids. Each instance listed below is a separate and additional Count of this Indictment.

Count Date of Shipment Invoice Number

23 02/22/88 0186420

24 02/23/88 0186670

25 02/26/88 0188180

26 03/01/88 0188490

27 03/02/88 0188880

28 03/07/88 0190090

29 03/08/88 0190390

30 03/10/88 9230197

21 U.S.C. §§ 331(a) and 333(b) (since July 22, 1988, 21 U.S.C. § 333(b) has been recodified as 21 U.S.C. § 333(a)(2))

18 U.S.C. § 2

COUNT 31

Adulteration of a Food

1. Those 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. On or about February 19, 1991, in the Western District of Michigan and elsewhere, the defendants,

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

with the intent to defraud and mislead, caused a food (production document 00980) fraudulently labeled as, and otherwise fraudulently represented to be, "100 pure orange juice from concentrate," while held for sale after shipment of one of its components, namely concentrated orange juice for manufacturing, in interstate commerce to Lansing, Michigan, to be adulterated within the meaning of the following sections of Title 21, United States Code: Section 342(b)(2), in that orange pulpwash was substituted in part for orange juice and orange juice concentrate; and Section 342(b)(4), in that the preservative natamycin was added to and mixed and packed with this food to make it appear better and of greater value than it was.

21 U.S.C. § 331(k) 21 U.S.C. § 333(a)(2) 18 U.S.C. § 2

COUNT 32

Misbranding of a Food

1. Those 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. On or about February 19, 1991, in the Western District of Michigan and elsewhere, the defendants,

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

with the intent to defraud and mislead, caused a food (production document 00980) fraudulently labeled as, and otherwise fraudulently represented to be, "100% pure orange juice from concentrate," while held for sale after shipment of one of its components, namely concentrated orange juice for manufacturing, in interstate commerce to Lansing, Michigan, to be misbranded within the meaning of the following sections of Title 21, United States Code: Section 343(a)(1), in that the labeling of the food was false and misleading because the labeling represented and suggested that the food consisted only of 100% pure orange juice from concentrate, when in fact the food also contained orange pulpwash and the preservative natamycin; and Section 343(g), in that a food represented to be a food for which a definition and standard of identity was prescribed by regulation (21 C.F.R. § 146.145), namely orange juice from concentrate, failed to conform to that definition and standard of identity, in that it was composed, in part of ingredients not permitted by the definition and standard of identity, including orange pulpwash and the preservative natamycin.

21 U.S.C. § 331(k) 21 U.S.C. § 333(a)(2) 18 U.S.C. § 2

COUNT 33

False Declaration before a Grand Jury

1. Those parts described as Part A Introduction, paragraphs 1 through 16 inclusive, of Count 1 of this Indictment are incorporated specifically herein and are realleged as if set forth in full in this Count.

2. On or about the twenty-second day of April, 1992, in the Western District of Michigan, XXXXXX X. XXXXXX, while under oath and testifying in a proceeding before Grand Jury No. 91-1, a Grand Jury of the United States in the Western District of Michigan, knowingly did make a false material declaration, that is to say:

3. At the time and place aforesaid the Grand Jury was conducting an investigation to determine whether violations of Title 21, United States Code, Sections 331 and 333, and Title 18, United States Code, Sections 1341 and 1343, had been committed, and to identify the persons who had committed, caused the commission of, and conspired to commit such violations. It was material to said investigation that the Grand Jury ascertain if XXXXXX X. XXXXXX had knowledge of the addition of adulterants to products manufactured by Realgood, including such adulterants as pulpwash, sugars, antibiotics, preservative, and Delvocid.

4. At the time and place alleged, XXXXXX X. XXXXXX, appearing as a witness at a proceeding before the Grand Jury knowingly made the following declaration in response to questions with respect to the aforesaid material matter, as follows:

"Q:Prior to March of 1991 did you have any personal knowledge of adulterants being used in the product at REALGOOD PRODUCTS including pulp wash, sugars, antibiotics, preservative, delvocid?
A:No."
5. The aforesaid underscored testimony of XXXXXX X. XXXXXX, as he then and there well knew and believed, was false in that, for years prior to March of 1991, and certainly no later than March of 1988, XXXXXX X. XXXXXX had knowledge of the use of adulterants in products manufactured by Realgood.

18 U.S.C. § 1623

A TRUE BILL

____________________________________ GRAND JURY FOREPERSON

JOHN A. SMIETANKA United States Attorney

_______________________________ BRIAN K. DELANEY Assistant United States Attorney

_______________________________ JAY I. BRATT Attorney Office of Consumer Litigation U.S. Department of Justice