UNITED STATES V. KORDEL
397 U.S. 1 (1970)
NATURE OF THE CASE: The United States (P) appealed the reversal of Kordel’s (D)
convictions for violation of the FDCA.
FACTS: Ds are president and vice-president of Detroit Vital Foods, Inc. Ds were tried and
convicted along with the corporation, for violations of the Federal Food, Drug, and Cosmetic
Act. The FDA investigated Ds for possible violations of the Food, Drug, and Cosmetic Act.
FDA recommended a civil seizure of two of the products, 'Korleen' and 'Frutex.' The FDA then
asked the United States Attorney to commence an in rem action against these products of the
corporation, and the United States Attorney filed a libel three days later. The corporation
answered the libel. FDA prepared extensive interrogatories to be served on the corporation
in this civil action. Having received the FDA's interrogatories but not yet having answered
them, D moved to stay further proceedings in the civil action or, in the alternative, to
extend the time to answer the interrogatories until after disposition of the criminal
proceeding signaled by a § 305 notice. The District Court denied the motion upon finding
that the corporation had failed to demonstrate that substantial prejudice and harm would
result from being required to respond to the interrogatories. Eventually a criminal
prosecution was instituted. The civil case, still pending in the District Court, proceeded
to settlement by way of a consent decree in November, 1962, and, eight months later, the
Government obtained the indictment underlying the present judgments of conviction. Ds were
convicted and appealed. The Sixth Circuit reversed on grounds that D’s Fifth Amendment
privilege of self-incrimination had been violated by dual proceedings. The Supreme Court
granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment