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For Immediate Release Press Release August 9, 2002 |
U.S. Department
of Justice United States Attorney Central District of California Debra W. Yang
Thom Mrozek Public Affairs Officer (213) 894-6947
Contact: Wayne Gross
Executive Assistant United States Attorney (213) 894-0711 Contact: Robb Adkins Assistant United States Attorney (714) 338-3593 |
Fugitive Who Sold Counterfeit Baby Formula
Convicted of Federal Criminal Charges
A man who fled the county and remained a fugitive for six years after realizing
he was under investigation has been convicted of four federal charges involving
a conspiracy to sell counterfeit Similac baby formula.
Mohamad Mostafa, 43, who at the time of the criminal conduct lived in Orange
County, was found guilty yesterday by United States District Judge Alicemarie
H. Stotler following a three-day bench trial.
Mostafa, who was arrested in Canada in 2001, was convicted of all four counts
in an indictment returned by a federal grand jury in June 2000. Mostafa fled
the country in 1995 after his scheme to produce and sell large quantities
of Similac was discovered.
Mostafa was the owner and operator of M&M Wholesale, which purported to
be a wholesale grocery business with an office in Stanton and a warehouse
in Santa Ana. In fact, M&M Wholesale was manufacturing, packaging and
distributing counterfeit infant formula throughout California.
The infant formula used by Mostafa came from a wholesale supplier, which provided
the formula to Mostafa under the condition that it would be used exclusively
for export to the Middle East. Instead, Mostafa caused laborers to package
it in cans bearing a counterfeit reproduction of the well known label of Similac
Milk-Based Infant Formula with Iron. Mostafa then sold the counterfeit product
as Similac to wholesalers, who in turn sold it to retail stores throughout
California, including Safeway. Two of the counts in the indictment specifically
alleged that Mostafa sold a total of approximately 3,500 cases of the counterfeit
Similac to wholesale grocers in El Cajon and Buena Park.
The counterfeiting scheme quickly unraveled when numerous parents, who were
familiar with the authentic Similac product, called the lawful manufacturer
to complain. It was later determined that thousands of cases of the fake product
had been sold throughout California.
The matter was widely publicized in national and local media after the FDA
and Similacs manufacturer, Ross Laboratories, issued a warning about
the counterfeit product. After the counterfeit product was discussed in the
media, Mostafa fled the country and was not seen again until he was arrested
in October 2001 in Canada and brought to the United States to stand trial.
Judge Stotler convicted Mostafa of conspiracy, misbranding food shipped in
interstate commerce and two counts of trafficking in counterfeit goods. As
a result of the conviction, the maximum penalty that Mostafa can receive is
28 years in federal prison and a fine of $4 million. Mostafa is scheduled
to be sentenced by Judge Stotler on November 18.
This case is the product of an investigation by the Food and Drug Administration,
Office of Criminal Investigations. Los Angeles Field Office Special Agent
In Charge Jud Bohrer stated: Mostafa was in this country illegally,
all the while engaging in this lucrative criminal activity that jeopardized
the health and safety of thousands of infants. Infant formula is consumed
by a vulnerable population which is unable to complain or reject a substandard
product.
CONTACT: Executive Assistant United States Attorney Wayne Gross
(213) 894-0711
Assistant United States Attorney Robb Adkins
(714) 338-3593
Release No. 02-120
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