United States v. Johannes Vulto and Vulto Creamery, LLC.
On July 9, 2024 Johannes Vulto and Vulto Creamery were each sentenced in federal court in Syracuse after each previously pleading guilty to one misdemeanor count of causing the introduction of adulterated food into interstate commerce, relating to the sale and distribution of cheese that was linked to a 2016-2017 outbreak of listeriosis, the disease caused by the pathogen Listeria monocytogenes.
Vulto was sentenced to 3 years of probation and ordered to pay a fine of $100,000, and to perform 240 hours of community service. Vulto Creamery LLC, which no longer operates, was sentenced to 1 year of probation.
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On March 5, 2024, Johannes Vulto and his company, Vulto Creamery, LLC, each pleaded guilty to one misdemeanor count of causing the introduction of adulterated food into interstate commerce, before the Honorable Magistrate Judge Therese Wiley Dancks, in United States District Court, Syracuse, NY.
Sentencing is currently scheduled for July 9, 2024 at 10 a.m ET. Updates for this case will be posted to this website.
Vulto oversaw operations at Vulto Creamery manufacturing facility in Walton, New York, including those relating to sanitation and environmental monitoring. In pleading guilty, Vulto and Vulto Creamery admitted that between December 2014 and March 2017, they caused the shipment in interstate commerce of adulterated cheese.
According to the plea agreement, environmental swabs taken at the Vulto Creamery facility between approximately July 2014 and February 2017 repeatedly tested positive for Listeria species. The Listeria family includes both harmless species and L. monocytogenes, which can cause listeriosis in humans. In March 2017, after the U.S. Food and Drug Administration linked Vulto Creamery’s cheese to an outbreak of listeriosis, Vulto shut down the Vulto Creamery facility and issued a partial recall that was expanded to a full recall within weeks. According to the Centers for Disease Control and Prevention, the listeriosis outbreak resulted in eight hospitalizations and two deaths.
Listeriosis is a severe, invasive illness that can be life-threatening in some cases. Persons who have the greatest risk of experiencing listeriosis due to consumption of foods contaminated with L. monocytogenes are pregnant women and their newborns, the elderly, and persons with weakened immune systems.
Please be aware that victims of all crimes under federal investigation are entitled to services under the Victims’ Rights and Restitution Act, including notification of court events. For further details, please refer to Title 34 United States Code section 20141. Now that charges have been filed in federal court, any victims of the charges filed are, in addition, entitled to the following rights, according to the Crime Victims’ Rights Act, Title 18 United States Code section 3771:
1. The right to be reasonably protected from the accused;
2. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused;
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding;
4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding;
5. The reasonable right to confer with the attorney for the Government in the case;
6. The right to full and timely restitution as provided in law;
7. The right to proceedings free from unreasonable delay; and
8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.
Please understand that these rights apply only to victims of the counts charged in federal court, and thus you may not be able to exercise all of these rights if the crime of which you are a victim was not charged. It is also important to keep in mind that the defendant is presumed innocent until proven guilty and that presumption requires both the Court and our office to take certain steps to ensure that justice is served. While our office cannot act as your attorney or provide you with legal advice, you can seek the advice of an attorney with respect to the rights above or other related legal matters.
It is helpful for the Court to know the impact of this crime on any victims. If you believe you are a victim in this case and would like to provide a written statement regarding your experience, please forward it to:
Consumer Protection Branch
Docket No. 3:24-cr-00061-TWD
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001
You can also email your statement to Sandra Palazzolo, the Consumer Protection Branch Victim Witness Coordinator, at Sandra.L.Palazzolo@usdoj.gov. If you believe you are a victim in this case and that you experienced a related financial loss subject to restitution, you may include that information in your statement, along with any supporting documentation and whether you previously have been compensated for any such loss. Written submissions MUST be received by March 26, 2024. Please include a reference to Docket Number 24-CR-00061 in the subject line of your communication.