FDA Enforcement | Criminal Investigations

The FDA does not prosecute its own criminal cases. Rather the U.S. Department of Justice must bring the criminal case to court. FDA does, however, investigate many criminal cases under certain limited federal criminal enforcement jurisdiction related to counterfeit drugs. Under this authority, FDA has established the Office of Criminal Investigations (OCI), which conducts the majority of criminal investigations related to the FDCA. OCI obtains and executes search warrants, arrest warrants, conducts physical surveillance, obtains and serves grand jury subpoenas, obtains and reviews telephone toll records, bank records, etc., in order to try to build a case against an individual, company, or conspiracy.

FDAImports.com, LLC founder and supervising attorney, Benjamin England, was one of the first FDA OCI Special Agents to ever enforce the criminal provisions of the FDCA during his tenure at FDA (OCI-Miami Field Office, 1992- 1998).

FDA Criminal Investigation/Defense Experience: FDAImports.com, LLC affiliated attorneys have participated in investigating or prosecuting (as former Governmental Agents or Attorneys) and defending (in private practice) federal criminal cases involving counterfeit drugs, substitute drugs and biological products, prescription drug diversion, prescription device diversion, smuggling of foods, cosmetics, and other FDA-regulated products, and importation contrary to law of dietary supplements and electronic emitting products. Additionally, they have worked with other attorneys on matters involving money laundering, mail fraud, wire fraud, obtaining products by fraud, conspiracy to commit violations against the government or against private persons or companies, and other factual scenarios.