A Norfolk, Mass. man has been charged and has agreed to plead guilty to conspiring to price gouge hospitals for scarce N95 filtering facepiece respirators (N95 masks) at the start of the COVID-19 pandemic. Jason Colantuoni, 35, was charged by an Information with one count of conspiracy to commit price gouging in violation of the Defense Production Act. A plea hearing has not yet been scheduled by the Court. According to the charging documents, on March 11, 2020, a longtime friend of Colantuoni (Individual 1) formed a company in Florida in response to the COVID-19 pandemic. It is alleged that from in or about March 2020 through April 2020, Colantuoni, Individual 1 and the company’s head of sales (Individual 2) conspired to use the company to exploit and profit off of the critical need of hospitals and healthcare workers for scarce N95 masks during the COVID-19 pandemic. Specifically, Colantuoni, Individual 1 and Individual 2 allegedly accumulated N95 masks from various sources and then sold the N95 masks through the company to desperate hospitals in Massachusetts and elsewhere at prices in excess of the prevailing market price.
Prior to the COVID-19 pandemic, the hospitals to which the company sold N95 masks typically paid approximately $0.44 to $0.70 per respirator. Through the company, Colantuoni, Individual 1 and Individual 2 allegedly offered to sell N95 masks to hospitals for as much as $11.95 per mask. Through the company, it is alleged that Colantuoni, Individual 1 and Individual 2 sold a total of approximately 1,000 boxes of N95 masks to various hospitals, with each box containing 20 or 30 masks. The weighted average price for the company’s purchases of N95 masks was approximately $4.48 per mask, while the weighted average price for the company’s sales of N95 masks to hospitals was approximately $9.91 per mask. The charge of conspiracy to commit price gouging in violation of the Defense Production Act provides for a sentence of up to one year in prison, up to one year of supervised release and a fine of up to $10,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
