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87. Office Of Consumer Litigation (OCL)

The Civil Division's Office of Consumer Litigation (OCL) has criminal litigation responsibilities under the Food, Drug and Cosmetic Act ("FDCA"), and other statutes, that are described more fully in USAM Chapter 4-8.000. These responsibilities include criminal prosecutions for fraud under the FDCA, the Prescription Drug Marketing Act (PDMA), food fraud, and odometer fraud. You should review USAM chapter 4-8.000 for guidance in these areas, and for references to model pleadings, jury instructions, memoranda and other useful materials in the Civil Resource Manual.

There may be offenses related to an FDCA investigation that are money laundering predicates (e.g., mail or wire frauds involving the misrepresentation of drugs). See generally USAM 9-105.000. There is presently no forfeiture under the FDCA (although there are pending legislative proposals), but on occasion the AFMLS has provided advice on making money laundering cases out of FDCA-related mail fraud violations. For more information on this topic, contact the AFMLS.

[cited in USAM 9-119.300]

Updated December 7, 2018