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Office of Consumer Litigation (OCL)
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The Civil Division's Office of Consumer Litigation (OCL) has
criminal litigation responsibilities under the Food, Drug and
Cosmetic Act ("FDCA"), and other statutes, that are described
more fully in USAM chapter
4-8.000. These responsibilities include criminal
prosecutions for fraud under the FDCA, the Prescription Drug
Marketing Act (PDMA), food fraud, and odometer fraud. You should
review USAM chapter 4-8.000 for guidance in these areas, and for
references to model pleadings, jury instructions, memoranda and
other useful materials in the Civil Resource Manual.
There may be offenses related to an FDCA investigation that
are money laundering predicates (e.g., mail or wire frauds
involving the misrepresentation of drugs). See generally
USAM 9-105.000. There is presently no
forfeiture under the FDCA (although there are pending legislative
proposals), but on occasion the AFMLS has provided advice on
making money laundering cases out of FDCA-related mail fraud
violations. For more information on this topic, contact the
AFMLS.
[cited in USAM 9-119.300] | |