A Florida company, and two individuals associated with the company, have been charged and agreed to plead guilty to charges associated with shipping facemasks that were misbranded as N95 respirators, and price gouging hospitals, during the earliest phase of the COVID-19 pandemic. JDM Supply LLC (JDM) has been charged with one count of conspiracy to introduce misbranded devices into interstate commerce with intent to defraud or mislead, in violation of the Federal Food, Drug and Cosmetic Act. Daniel Motha, 40, of Miami, Fla., and Jeffrey Motha, 36, of Norfolk, Mass., were charged with one count of introduction of misbranded devices into interstate commerce and one count of conspiracy to commit price gouging in violation of the Defense Production Act. In August 2023, a third individual, Jason Colantuoni, pleaded guilty to conspiracy to commit price gouging in connection with this investigation.
According to the charging documents, in the spring of 2020, during the earliest phase of the COVID-19 pandemic, JDM and a company identified as “Company 1” conspired to ship facemasks that were misbranded as National Institute of Occupational Safety and Health (NIOSH)-approved, N95 respirators. It is alleged that one hospital accepted and paid for hundreds of thousands of purported N95 masks that were manufactured by Company 1 and sold by JDM. Ultimately, the hospital did not use the masks, which were eventually returned to Company 1. It is further alleged that JDM misled the hospital into believing that the Company 1 masks were NIOSH-approved N95s, when in fact they were not. In August 2020, a NIOSH lab tested a sample of the Company 1 masks that had been shipped to the hospital. All 10 Company 1 masks fell under the 95% minimum level of filtration efficiency required for N95 respirators.
