Two brothers, who co-owned a now-defunct Florida-based company, have been sentenced in federal court in Boston for charges associated with shipping facemasks that were misbranded as N95 respirators, and price gouging hospitals, during the earliest phase of the COVID-19 pandemic. Daniel Motha, 40, of Miami, Fla. and Jeffrey Motha, 36, of Norfolk, Mass. were each sentenced to one year of probation and ordered to pay a $9,500 fine. In October 2025, the defendants pleaded guilty to 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. Daniel Motha and Jeffrey Motha were charged in October 2024, along with JDM Supply LLC (JDM). In August 2023, a third individual, Jason Colantuoni of Norfolk, Mass, pleaded guilty to conspiracy to commit price gouging in connection with this investigation. Colantuoni is scheduled to be sentenced on June 23, 2025.
The defendants co-owned JDM, with Daniel Motha serving as the company’s chief executive officer and Jeffrey Motha serving as head of sales. In the spring of 2020, during the earliest phase of the COVID-19 pandemic, JDM conspired with another company, Advoque Safeguard LLC, a PPE manufacturer, to distribute facemasks that were misbranded as National Institute of Occupational Safety and Health (NIOSH)-approved, N95 respirators. JDM misled one hospital into believing that the masks were NIOSH-approved N95s, when in fact they were not. As a result, the hospital accepted and paid for approximately 850,000 purported N95 masks that were manufactured by Advoque and sold by JDM, at a total price of approximately $2.6 million. To accompany the masks, JDM sent the hospital NIOSH-passing test results and approval documents for a different mask. Ultimately, the hospital did not use the masks, which were eventually returned to Advoque. In August 2020, a NIOSH lab tested a sample of the masks that had been shipped to the hospital. The masks tested between 83.94% and 93.24% filtration efficiency, thus falling below the 95% minimum level of filtration efficiency required for N95 respirators.
