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Florida Company Pleads Guilty to Misbranding N95 Masks
BOSTON – A Florida company, JDM Supply LLC, has pleaded guilty to charges associated with shipping facemasks that were misbranded as N95 respirators to hospitals during the COVID-19 pandemic.
JDM Supply LLC, Daniel Motha, 40, of Miami, Fla., and Jeffrey Motha, 36, of Norfolk, Mass., pleaded guilty to one count of conspiracy to introduce misbranded devices into interstate commerce with intent to defraud or mislead, in violation of the Federal Food, Drug and Cosmetic Act.
The charges also include one count of introduction of misbranded devices into interstate commerce and one count of conspiracy to commit price gouging in violation of the Defense Production Act.
In August 2020, a NIOSH lab tested a sample of the facemasks that had been shipped to a hospital. The masks tested between 83.94% and 93.24% filtration efficiency, thus falling below the 95% minimum level of filtration efficiency required for N95 respirators.
Daniel Motha and Jeff Motha conspired to use JDM Supply LLC to exploit and profit off of the critical need of hospitals and healthcare workers for scarce N95 masks during the COVID-19 pandemic.
The charge of conspiracy to introduce or deliver for introduction into interstate commerce a misbranded device with intent to defraud or mislead, brought against JDM Supply LLC, provides for a fine of $500,000 or twice the pecuniary gain or loss of the offense, whichever is greater and up to five years of probation.
JDM Supply LLC is scheduled to be sentenced on March 25, 2025. Sentences are imposed by a federal judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Key Facts
- State: Massachusetts
- Category: Fraud & Financial Crimes
- Source: DOJ Press Release â†â€â€
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