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Do Criminal Prosecutions Make Food Safer?: The Problem with Regulating Food Safety Through Criminalization
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2. Interact with our speakers during the program by submitting your questions to interactive@wlf.org

3. Alex J. Brackett
Mr. Brackett is a Partner with McGuireWoods LLP in the firm’s Richmond, VA office. He is a member of the Government Investigations and White Collar Litigation department, and co-head of McGuireWoods’ Strategic Risk and Compliance team. Mr. Brackett’s practice focuses primarily on advising and supporting corporate and individual clients in the areas of white collar criminal defense and internal investigations.

4. James F. Neale
Mr. Neale is a Partner with McGuireWoods LLP in the firm’s Charlottesville, VA office. He is Co-Chair of the Food and Beverage Industry Group. Much of Mr. Neale’s current work focuses on defending clients in food-related litigation, including foodborne illness cases and labeling claims, as well as counseling food companies on regulatory compliance and litigation avoidance.

5. David Debold
Mr. Debold is a Partner with Gibson, Dunn & Crutcher LLP in the firm’s Washington, DC office. He practices in the Litigation Department, and is a member of the firm’s Appellate and Constitutional Law, Securities Litigation and White Collar Defense and Investigations Practice Groups. Since joining the firm in 2003, Mr. Debold has represented numerous individuals and businesses in a wide variety of white collar, regulatory enforcement, and appellate matters.

6. For more information about WLF, email info@wlf.org
Questions
Interact with our speakers during the program by submitting your questions to
@WashLglFndt
For more information about WLF,

7. Food Drug & Cosmetic Act
21 U.S.C. § 331 Prohibits 80 Separate Acts
21 USC § 333(a)(1) = Misdemeanor
First Time Offense and
No Actual Knowledge of Adulteration/Misbranding
21 USC § 333(a)(2) = Felony
If Repeat Offense or
Actual Knowledge of Adulteration/Misbranding 6

8. Potential Criminal Liability Under FD&CA
Corporate Criminal Liability
Fines
Restitution
Individual Criminal Liability
Sources:
“Park Doctrine”
Yates Memo
Penalties
Jail
Debarment 7

9. Recent Examples of Criminal FD&CA Prosecutions
Peanut Corporation of America
714 Confirmed Salmonella Cases
9 Deaths
75-Count Indictment
Stewart Parnell (28 years)
Michael Parnell (20 years)
Daniel Kilgore (6 years)
Mary Wilkerson (5 Years)
Samuel Lightsey (3 years) 8

10. Recent Examples of Criminal FD&CA Prosecutions
Jensen Brothers Cantaloupes
146 Confirmed Listeria Cases
30 Deaths/1 Miscarriage
Misdemeanor Prosecution
6 Months Home Confinement
5 Years Probation
$150,000 Fine
100 Hours Comm. Service 9

11. Recent Examples of Criminal FD&CA Prosecutions
Decoster’s/Quality Egg
1,939 Salmonella Cases
No Deaths
Misdemeanor Sentence:
3 Months in Jail
$6.79mm Corporate Fine
$100,000 Individual Fines 10

12. Recent Examples of Criminal FD&CA Actions11