ChemNutra objects to federal indictment
By Christie Keith
February 6, 2008
Earlier today, the feds issued a media release that they had indicted ChemNutra and two Chinese companies for “their roles in making and importing a pet food ingredient that resulted in animal deaths last year.” The Associated Press additionally reported that:
ChemNutra and company owners Sally Quing Miller, a Chinese national, and her husband, Stephen S. Miller, were charged with 13 misdemeanor counts of introduction of adulterated food into interstate commerce, 13 misdemeanor counts of introduction of misbranded food into interstate commerce and one felony count of conspiracy to commit wire fraud.
The Millers fired back a few minutes ago with a press release of their own:
ChemNutra and Steve and Sally Miller deny in the strongest of terms the allegations by the Department of Justice and look forward to the opportunity to prove their innocence at trial. Neither Mr. nor Mrs. Miller had any intent to defraud or any knowledge of wrongdoing.
Importantly, the Department of Justice, although not stated in its news release, made no allegation that either Mr. or Mrs. Miller had any knowledge of the presence of melamine or any other erroneous substance in the products ChemNutra imported that would cause injury or death to animals.
The misdemeanor charges contained in the indictment are strict liability offenses, meaning that they attach by virtue of importing a product that is contaminated, regardless of whether one knows of the contamination.
The one felony count alleges Mr. and Mrs. Miller sought to defraud their customers by intentionally failing to disclose to their customers that some of the wheat gluten being exported from China was labeled by the Chinese manufacturer with a different tariff code than the one required for U.S. entry and otherwise applicable to wheat gluten.
That alleged incorrect code, the government alleges, allowed the product to circumvent quality testing by Chinese authorities. Although Mr. and Mrs. Miller strongly deny any intent to defraud or knowledge of wrongdoing, the government does not allege that Mr. and Mrs. Miller knew of the presence of melamine or any other substance that would cause death or injury to animals.
The Millers unequivocally support the government pursuing those with knowledge of the dangerous contaminants; however, they are deeply bothered by the government’s failure to make these important distinctions in its press release related to their indictment.
Stern better watch it or he’s next to end up in the slammer.
Comment by Steve — February 6, 2008 @ 7:39 pm
“ChemNutra objects to federal indictment”
Of course they do . . . . . . . . . . . . . . . . . . . . . . . . . . .
Comment by The OTHER Pat — February 6, 2008 @ 9:25 pm
Time to face the Grand Jury.
No PR is going to wiggle them out of that.
Comment by Steve — February 6, 2008 @ 9:47 pm
UNITED STATES OF AMERICA,
Plaintiff,
v.
(1) SALLY MILLER, a/k/a
SALLY Q. MILLER, a/k/a,
SALLY QING MILLER,
[DOB 04/19/1966],
(2) STEPHEN S. MILLER,
[DOB 08/12/1952], and
(3) CHEMNUTRA, INC.
Thats reality.
Comment by Steve — February 6, 2008 @ 9:58 pm
From what we have learned over the last year, it is common knowledge in China that adding melamine increases protein content and it is admittedly done all the time albeit without fanfare. As self-proclaimed “experts” in that field, both Stephen and Sally Miller simply HAD to have known what the “deal” really was on the 800 metric tons of poison product. And I believe it wasn’t the first time, either. (What ever happened to proposed tracking of previous shipments as well?)
I read the indictment and these people outright lie. Period. They are merely redirecting the focus to the government and it’s “failure.” Just another manipulation.
Comment by Nadine L. — February 6, 2008 @ 10:28 pm
And the pet food companies are indicted for…..what was that?
And the CFO of Menu is indicted for…..what was that?
Did I miss something?
Comment by JanC — February 7, 2008 @ 7:15 am
Oh how I wish I was one of those people on the grand jury, never would I have thought to be wishing for that. This is the beginning of justice for my kitty and others and it feels so darn good. Its great to see them all finger-pointing at each other but Im hoping what I read yesterday somewhere is true, there are still possibly more to come. My wish list is Menu, Menu’s CEO, the pet food companies and Pet Food Institute are next on that indictment list. I think Im hearing the pitter-patter of happy dances going on by our babies over the rainbow bridge.
Comment by Sandi K — February 7, 2008 @ 8:57 am
My family was completely altered as a result of loosing one of our 13 y/o litter mates to this catastrophie. Just so some executives can increase their bottom line. they market these products as the best for our pets. the ironic thing is if I fed our cat 9 lives it would still be alive. I hope they get whats due them!
Comment by John P — February 7, 2008 @ 12:59 pm
First, I’m surprised the Miller’s can even be located, to hand a federal indictment.
If I’d pulled some bone-head, negligent, murderous method of handling my business, I think I would have headed to some lowly village on the other side of the earth.
Second, do ya think they might get 50 years for wire fraud? That seems to be the worst of the offenses that the Grand Jury is handing down.
What a farce!
Been thinking about you all. When I found that article on Yahoo News, I knew you’d be “talking” about it — so I stopped by.
Kat
PS. MenuFoods is down under a dollar now — YIPPPEEEE!
Comment by Kat Lawson — February 7, 2008 @ 5:49 pm
This trial is set for March 23.
http://www.usdoj.gov/usao/mow/contactus.html
http://www.usdoj.gov/usao/mow/contactus.html
Comment by Cooper — February 7, 2009 @ 2:49 pm
ChemNutra, the Millers, sign Plea Agreement:
USA V Miller et al Western District of Missouri 4:08-cr-00023
Per docket:
05/15/2009 28 ORDER setting pretrial conference as to Sally Miller, Stephen S Miller, Chemnutra Inc. Pretrial Conference set for 5/28/2009 09:45 AM in Courtroom 7E, Kansas City (JTM) before Judge John Maughmer. (Entered: 05/15/2009)
05/27/2009 29 MOTION to continue trial setting of June 8, 2009 so that the defendants can enter a change of plea by Stephen S Miller as to Sally Miller, Stephen S Miller, Chemnutra Inc. Suggestions in opposition/response due by 6/11/2009 unless otherwise directed by the court. (Entered: 05/27/2009)
Quote
5. A plea agreement has been reached in this case. The Honorable Judge
John Maughmer is going to hear the guilty pleas. Counsel has been informed by the
court that a change of plea date has been set for 3:00pm on June 16, 2009.
6. Defendants have signed the Plea Agreement and a copy of that agreement
has been forwarded to the government and the court.
7. Undersigned counsel has talked to counsel for Sally Miller/Chemnutra,
Inc, Robert Becerra, regarding this Motion to Continue and they join in the request.
8. Undersigned counsel spoke with AUSA Gene Porter regarding a
continuance and the government has no objection to this request in light of the
anticipated change of plea.
9. Counsel does not believe a new trial date is necessary since the defendants
will be entering pleas of guilty before the conclusion of the June 2009 trial docket.
10. Defendant recognizes that pursuant to 18 U.S.C. ยง 3161(h)(Cool(A) and (B),
no time delay resulting from this request for a continuance will be considered for
purposes of the Speedy Trial Act.
WHEREFORE, for the reasons stated herein, defendant Stephen Miller prays for
an order of this court continuing the trial set for June 8, 2009 and the pretrial conference
set for May 28, 2009 at 9:45am or for whatever other relief this court deems just and
proper.
[/quote]
Angry
Comment by Offy — May 30, 2009 @ 3:05 pm
Whys this guy still in business?
Comment by Kate — May 30, 2009 @ 4:06 pm
Gov’t To Do List:
Make that Chem-Nutra thing go away:check & double-check.
Comment by Sandi K — May 30, 2009 @ 5:32 pm
Is anyone really surprised ? Name 1 person or company that was made to pay legally for this mess. I discount the joke of a Menu Foods settlement which is still being held up and which canceled out how many other lawsuits ?
Comment by Leslie K — May 30, 2009 @ 6:20 pm
I am just real real sorry this mess has outlived my Jessica and Smudge with no real answers..China was only a part in this perfect storm that forever changed how I look at commercial food…all commercial food…
Comment by Carol V — May 30, 2009 @ 6:50 pm