Press Release
HOMESTEAD PRODUCE FIRM, OWNERS, AND EMPLOYEE SENTENCED IN CONNECTION WITH IMPORTATION OF CONTAMINATED PRODUCE
April 9, 2009
FOR IMMEDIATE RELEASE
R. Alexander Acosta, United States Attorney for the Southern District of Florida, Anthony V. Mangione, Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE), Office of Investigations, Miami Field Office, Lee Huttenbach, Special in Charge, Southeast Region, U.S. Department of Agriculture (USDA), Office of Inspector General, Samuel Santiago, Carribean Area Manager, USDA, Animal and Plant Health Inspection Service (APHIS), Investigative and Enforcement Services, and David W. Bourne, Special Agent in Charge, U.S. Food and Drug Administration (FDA), Office of Criminal Investigations, Miami Field Office, announced today's sentencing by U.S. District Judge Ursula Ungaro of defendants Fresh King, Inc., a Homestead-based produce importer and distributor, and its owner/President, Denisse Serge, 53. Also sentenced today were Peter Schnebly, 47, Serge's spouse and Vice-President and owner of Fresh King, and Rebecca Bazan, 56, a former Fresh King employee. They were sentenced on charges related to the importation of produce, namely snow peas and sugar snap peas, possibly contaminated with illegal pesticides.
Fresh King was sentenced to a five (5) year term of probation, fined $100,000, with $50,000 of the fine payable as community service to the South Florida Environmental Task Force, and was ordered to pay $375,000 in criminal forfeiture. Serge was sentenced to a three (3) year term of probation, including a nine (9) month term of home confinement; a $10,000 criminal fine; and $375,000 in criminal forfeiture. Peter Schnebly was sentenced to a two (2) year term of probation. Bazan was sentenced to a one (1) year term of probation. Jose Eduardo Campos, a co-conspirator, is scheduled for sentencing on June 12, 2009.
Fresh King and Serge had pled guilty in December 2008 to conspiring: 1) to smuggle snow peas and sugar snap peas, originating from Guatemala, that could be or would be contaminated with illegal pesticide residues; 2) entering and introducing such produce into U.S. commerce using false documents; 3) knowingly and willfully making materially false statements and using materially false documents concerning such produce; and 4) introducing and delivering for introduction into interstate commerce snow peas and sugar snap peas that were adulterated and misbranded, with the intent to defraud and mislead consumers.
According to the factual statements proffered to the court at the time of the guilty pleas, the defendants intended to circumvent the FDA automatic hold and testing process for snow peas and sugar snap peas originating from Guatemala, by conspiring with other individuals, including sample collectors. The sample collectors tested only samples from boxes containing pesticide-free produce and did not conduct random samples from throughout the shipment of produce boxes. In this manner, the conspirators would evade detection of residues of the illegal pesticides Methamidophos and Chlorothalonil during the course of the FDA automatic detention and testing process.
Mr. Acosta commended the investigative efforts of ICE's Office of Investigations, USDA-OIG, USDA-APHIS-IES, and FDA-OCI. The case was prosecuted by Assistant U.S. Attorney Jose A. Bonau and Trial Attorney Roger Gural of the U.S. Department of Justice, Office of Consumer Litigation.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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