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COVID-19 and the DPA: First Criminal Complaint Filed by the Justice Department in New York

By Carrie Dettmer Slye on April 28, 2020
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On Friday, April 24, 2020, the Justice Department announced the filing of a criminal complaint against a New York man, Amardeep “Bobby” Singh, for the hoarding and subsequent price gouging of personal protective equipment (PPE) under the Defense Production Act (DPA) – the first of its kind since the beginning of the COVID-19 outbreak in the United States. Singh faces up to one year in prison or a fine of up to $10,000 if convicted of violating the DPA. In addition to the Eastern District of New York and the United States Postal Inspection Service, this case is being handled with assistance from the Department of Justice’s nationwide COVID-19 Hoarding and Price Gouging Task Force.

According to the complaint, Singh operates a retail store selling apparel and shoes. However, beginning in mid-March, Singh began to accumulate merchandise he called “COVID-19 Essentials,” including but not limited to N-95 filtering face piece respirators, PPE face shields, PPE gloves, and clinical-grade sanitizing and disinfecting products. According to the charges, this merchandise was sold at inflated prices to the public. For example, according to the complaint, Singh purchased three-ply disposable face masks for a per-unit price of $0.07. He resold those same masks at a per-unit price of $1.00 – a markup of approximately 1,328%. Among the entities allegedly price gouged were particularly vulnerable organizations, such as the Association to Benefit Children, the New York Foundation for Senior Citizens and Rewarding Environments for Adult Living Inc. Overall, investigators seized a total of more than 100,000 face masks, 10,000 surgical gowns, nearly 2,500 full-body isolation suits and more than 500,000 pairs of disposable gloves.

Prior to the filing of the complaint, Singh had been warned by state and local officials that he was violating the law. According to the complaint, he was cited seven times by the Nassau County Department of Consumer Affairs between March 18 and March 31 for selling, and continuing to sell, masks. In addition, the Office of the New York State Attorney General sent a cease-and-desist letter to Singh on April 1 informing him that he may be violating New York’s price-gouging law.

It remains to be seen whether the filing of criminal complaints for hoarding and price gouging under the DPA will emerge as a trend as government officials continue to respond to the COVID-19 outbreak.

Photo of Carrie Dettmer Slye Carrie Dettmer Slye

Carrie Dettmer Slye focuses on assisting business clients in resolving complex disputes, including matters involving data privacy and security.

Experience:

Assisted in case involving alleged unauthorized disclosure of protected health information by hospital. Drafted motion to dismiss arguing that plaintiff consented to disclosure…

Carrie Dettmer Slye focuses on assisting business clients in resolving complex disputes, including matters involving data privacy and security.

Experience:

Assisted in case involving alleged unauthorized disclosure of protected health information by hospital. Drafted motion to dismiss arguing that plaintiff consented to disclosure of documents thereby waiving any alleged privilege. Plaintiff’s counsel agreed with analysis after review of motion to dismiss and subsequently dismissed action.

Assisted in response to federal complaint filed against client, a golf course, for allegedly preventing use of member’s “lifetime membership.” Drafted motion to dismiss plaintiff’s claims, which included constitutional due process claim, breach of contract claim, and personal injury claim. District court granted motion to dismiss and issued thorough opinion analyzing issues in golf course’s favor.

Handled litigation matters concerning software and website development. Represented consultants and software developers in complex actions involving design and implementation of Enterprise Resource Planning/Management software.

Assisted in data breach and incident response related to misplaced technology device involving company in healthcare industry. Drafted incident notifications to affected individuals and regulatory agencies, including state attorneys general and Office of Civil Rights.

Drafted standards for company in financial industry to assist with monitoring of employee postings and participation in social media.

Read more about Carrie Dettmer SlyeEmail
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  • Posted in:
    Corporate & Commercial, Featured Posts
  • Blog:
    Antitrust Advocate
  • Organization:
    Baker & Hostetler LLP
  • Article: View Original Source

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