This is reprinted from Modern Farmer and thought it a nice summary of recent cases where company owners received prison sentences for shipping tainted product. The reasons listed below are a little short in terms of the details, but it is a nice review.
Modern Farmer
https://modernfarmer.com/2017/09/dirty-deeds-recent-food-safety-crimes/
Dirty Deeds: Recent Food Safety Crimes
By Brian Barth on September 20, 2017
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
Wednesday, September 20, 2017
Thursday, October 6, 2016
Webinar, 'Play FDA for a Day', Drives Paranoia to a New Level
The webinar, "Play FDA for a Day: Criminalization of foodborne illness and what you can do to protect your company", is presented by a lawyer and a testing company and directs companies to do testing for outbreak-related pathogens before the FDA does. And if FDA finds an outbreak-related pathogen in your food facility, you are as good as going to jail. And for these outbreak-related pathogens, there is 1 million unsolved outbreaks in the FDA database just waiting to get solved. So get a lawyer and get the test kits ASAP. Because FDA 'investigators' are going to be busting down your door and swabbing the heck out of your facility.
A little paranoia is good, but this presentation is over the top. There is no doubt that companies need to keep their facilities in order, including ensuring the environment is under control, doing environmental monitoring with effective corrective action especially when there is risk (product exposed to the environment). But to date, there have been very few cases where the Department of Justice has gotten involved in outbreak investigations. The investigations cited were ones where pathogens were found in food and linked to outbreaks through epidemiological investigation. Subpoenas were issued when wrongdoing was suspected.
Testing and advice for free or just the hook? What is an over-the-top lawyer going to tell you when you have an organism in your drain?
(Don't have the time or the will to watch the video, you can read the white paper.)
A little paranoia is good, but this presentation is over the top. There is no doubt that companies need to keep their facilities in order, including ensuring the environment is under control, doing environmental monitoring with effective corrective action especially when there is risk (product exposed to the environment). But to date, there have been very few cases where the Department of Justice has gotten involved in outbreak investigations. The investigations cited were ones where pathogens were found in food and linked to outbreaks through epidemiological investigation. Subpoenas were issued when wrongdoing was suspected.
Testing and advice for free or just the hook? What is an over-the-top lawyer going to tell you when you have an organism in your drain?
(Don't have the time or the will to watch the video, you can read the white paper.)
Friday, January 8, 2016
Justice Department Investigations of Companies Involved in Food Outbreaks
In a Wall Street Journal Risk Blog, there is discussion on the US Justice Department becoming more interested / involved in the investigation of companies involved in food illness outbreaks. In the WSJ article, it states, "The [Justice] department has said it will focus more efforts on individual law-breakers after a recent memo that requires turning over information about responsible individuals to the government for a company to receive cooperation credit." After success with the PCA investigation, the Justice Department has opened investigations into Chipotle and Blue Bell.
Wall Street Journal
http://blogs.wsj.com/riskandcompliance/2016/01/08/the-morning-risk-report-justice-department-sending-message-on-food-safety/
The Morning Risk Report: Justice Department Sending Message on Food Safety
Two newly opened investigations and a banner conviction mean the U.S. Justice Department is sending a message to the food industry to take product safety more seriously, an expert said.
Wall Street Journal
http://blogs.wsj.com/riskandcompliance/2016/01/08/the-morning-risk-report-justice-department-sending-message-on-food-safety/
The Morning Risk Report: Justice Department Sending Message on Food Safety
Two newly opened investigations and a banner conviction mean the U.S. Justice Department is sending a message to the food industry to take product safety more seriously, an expert said.
Wednesday, December 30, 2015
Justice Department Investigating Blue Bell Regarding Listeria Outbreak
Blue Bell is back in the news as CBS News is reporting that the US Justice Department has started an investigation into the conditions that led to the 2015 Listeria outbreak and what company executives knew and when they knew it.
Similar to what was seen with PCA Salmonella outbreak, there may be concern that the company knew of substandard conditions and Listeria contamination within the processing environment, and did not take sufficient action.
CBS News
http://www.cbsnews.com/news/dept-of-justice-investigating-blue-bell-for-deadly-listeria-outbreak/
Dept. of Justice investigating Blue Bell for deadly Listeria outbreak
By Jim Axelrod CBS News
The Department of Justice has started an investigation into Blue Bell after their ice cream was linked to a deadly Listeria outbreak earlier this year that killed three people.
Similar to what was seen with PCA Salmonella outbreak, there may be concern that the company knew of substandard conditions and Listeria contamination within the processing environment, and did not take sufficient action.
CBS News
http://www.cbsnews.com/news/dept-of-justice-investigating-blue-bell-for-deadly-listeria-outbreak/
Dept. of Justice investigating Blue Bell for deadly Listeria outbreak
By Jim Axelrod CBS News
December 29, 2015, 7:43 PM
The Department of Justice has started an investigation into Blue Bell after their ice cream was linked to a deadly Listeria outbreak earlier this year that killed three people.
Thursday, October 1, 2015
Two PCA Operational Managers Sentenced to Time in the Big House
Sentences were handed down for the two operational managers involved in the PCA Salmonella outbreak case. Operations Manager Samuel Lightsey, 50, will serve three years in prison while Daniel Kilgore, 46, another ex-manager at the plant, will serve six. Because they agreed to testify against the owner, Steward Parnell (who received a 28 years), their sentences were shorter as part of the plea bargain agreement.
Like the Quality Manager, these two operations managers who were probably just following orders, may have never considered the implications associated with positive Salmonella test results for the product. Or the fact much of their product was destined for high risk individuals as part of thief foodservice sales. Easy to justify since the owner didn't seem to worry...it was just another day of making and shipping product that may or may not have a little Salmonella. In the end, it was a big deal. And unfortunately for these pawns, they will be spending time in the big house.
Think about it.....one of them picking up the phone and dialing the FDA about the positive results would have saved them, all the consumers who had gotten sick, and provided it was early on, would have limited impact to the owner and his company. Or hell, if they had only put forth the effort to clean the damn plant to rid the source of contamination.
USA Today
http://www.usatoday.com/story/money/2015/10/01/lenient-sentences-ex-officials-salmonella-outbreak/73149204/
Lenient sentences for ex-officials in salmonella outbreak
Kevin McCoy, USA TODAY 2:50 p.m. EDT October 1, 2015
Two ex-officials of Peanut Corporation of America drew lenient sentences Thursday for their self-admitted roles in a salmonella outbreak blamed for killing nine and sickening hundreds.
Georgia U.S. District Court Judge W. Louis Sands sentenced Samuel Lightsey, 50, a former operations manager at the peanut firm's Blakely, Ga. plant, to serve three years in prison. Daniel Kilgore, 46, another ex-manager at the plant, drew a six-year sentence from the judge.
Like the Quality Manager, these two operations managers who were probably just following orders, may have never considered the implications associated with positive Salmonella test results for the product. Or the fact much of their product was destined for high risk individuals as part of thief foodservice sales. Easy to justify since the owner didn't seem to worry...it was just another day of making and shipping product that may or may not have a little Salmonella. In the end, it was a big deal. And unfortunately for these pawns, they will be spending time in the big house.
Think about it.....one of them picking up the phone and dialing the FDA about the positive results would have saved them, all the consumers who had gotten sick, and provided it was early on, would have limited impact to the owner and his company. Or hell, if they had only put forth the effort to clean the damn plant to rid the source of contamination.
USA Today
http://www.usatoday.com/story/money/2015/10/01/lenient-sentences-ex-officials-salmonella-outbreak/73149204/
Lenient sentences for ex-officials in salmonella outbreak
Kevin McCoy, USA TODAY 2:50 p.m. EDT October 1, 2015
Two ex-officials of Peanut Corporation of America drew lenient sentences Thursday for their self-admitted roles in a salmonella outbreak blamed for killing nine and sickening hundreds.
Georgia U.S. District Court Judge W. Louis Sands sentenced Samuel Lightsey, 50, a former operations manager at the peanut firm's Blakely, Ga. plant, to serve three years in prison. Daniel Kilgore, 46, another ex-manager at the plant, drew a six-year sentence from the judge.
Tuesday, September 22, 2015
PCA CEO Gets 28 Years in Prison for Selling Tainted Peanut Butter, QA Manager gets 5 Years
The CEO of PCA, Steward Parnell, received a 28 year prison sentence after being found guilty last September for knowingly selling tainted peanut butter and falsifying records to deceive customers about the safety of that product. His brother, Michael Parnell, the production supervisor, received a sentence of 20 years in prison, while the quality control manager, Mary Wilkerson, received a 5-year sentence for obstruction of justice.
While it is easy to focus on Mr. Parnell's sentence, you have to look at Mary Wilkerson, the 41 year old Quality Control Manager. She started working at PCA as a receptionist and was promoted up to the role of Quality Control Manager. Did she know better? Did she have appropriate training? Was she merely following orders? Perhaps, but in the end, she was brought down with the owner for carrying out an act that caused people to get sick. While she may not spend the entire 5 years in prison, it is still an awful cross to bear for an owner who reaped the benefits of running a shady business.
Her story goes to all the quality control, operations, and other supervisory personnel as a reminder that doing the wrong thing because someone told you to do it does not make it okay.
Washington Post
https://www.washingtonpost.com/national/health-science/former-peanut-executive-sentenced-to-28-years-in-prison-for-outbreak-that-killed-nine-people-sickened-hundreds/2015/09/21/aba7500e-60a7-11e5-8e9e-dce8a2a2a679_story.html
Former peanut executive sentenced to 28 years in prison
By Brady Dennis September 21 at 7:53 PM
Former peanut executive Stewart Parnell was sentenced Monday to 28 years in prison for his role in a nationwide salmonella outbreak that killed nine people and sickened hundreds in 2008 and 2009.
The sentence marked the most severe punishment ever for a food-related crime. Prosecutors had sought life in prison for the 61-year-old executive, and the sentence handed down by U.S. District Judge W. Louis Sands essentially could amount to that.
“These acts were driven simply by the desire to profit and to protect profits notwithstanding the known risks,” the judge said, according to the Associated Press. “This is commonly and accurately referred to as greed.”
While it is easy to focus on Mr. Parnell's sentence, you have to look at Mary Wilkerson, the 41 year old Quality Control Manager. She started working at PCA as a receptionist and was promoted up to the role of Quality Control Manager. Did she know better? Did she have appropriate training? Was she merely following orders? Perhaps, but in the end, she was brought down with the owner for carrying out an act that caused people to get sick. While she may not spend the entire 5 years in prison, it is still an awful cross to bear for an owner who reaped the benefits of running a shady business.
Her story goes to all the quality control, operations, and other supervisory personnel as a reminder that doing the wrong thing because someone told you to do it does not make it okay.
Washington Post
https://www.washingtonpost.com/national/health-science/former-peanut-executive-sentenced-to-28-years-in-prison-for-outbreak-that-killed-nine-people-sickened-hundreds/2015/09/21/aba7500e-60a7-11e5-8e9e-dce8a2a2a679_story.html
Former peanut executive sentenced to 28 years in prison
By Brady Dennis September 21 at 7:53 PM
Former peanut executive Stewart Parnell was sentenced Monday to 28 years in prison for his role in a nationwide salmonella outbreak that killed nine people and sickened hundreds in 2008 and 2009.
The sentence marked the most severe punishment ever for a food-related crime. Prosecutors had sought life in prison for the 61-year-old executive, and the sentence handed down by U.S. District Judge W. Louis Sands essentially could amount to that.
“These acts were driven simply by the desire to profit and to protect profits notwithstanding the known risks,” the judge said, according to the Associated Press. “This is commonly and accurately referred to as greed.”
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