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Pet food recall: ChemNutra owners to be sentenced today
By Christie Keith
February 5, 2010
Today’s the day that Sally and Stephen Miller, owners of ChemNutra, Inc., the company that imported the melamine-laden protein powder that led to the 2007 pet food recall, and the illness and death of tens of thousands of dogs and cats, will be sentenced.
But if you were hoping for justice or even just tough love, you’re probably going to be disappointed. Via reader Sandi Shaw, from the government’s sentencing memorandum (PDF):
Sentencing is scheduled for Friday, February 5, 2010, at 10:00 a.m. before United States Magistrate Judge John T. Maughmer. As more fully explained below, the Government recommends that the Court adopt the agreement of the parties and impose a sentence of three years probation on each defendant, to include certain conditions of probation for each defendant, all as set forth and agreed to by the parties in the plea agreement.
The government concludes the Millers were at fault, and what they did caused great harm:
Because of the neglect of these defendants, because they failed to exercise foresightand vigilance, the public suffered greatly. Thousands of innocent pets became seriously ill and many suffered death. It is impossible to talk about this case without realizing that the defendant’s criminal conduct posed and caused substantial physical injuries, death, and psychological injuries.
Seems the Millers are still balking at the charges, even though they’ve pled guilty to them — and the government’s not very happy about that:
The defendants pled guilty to misdemeanor violations of the Food, Drug, and Cosmetic Act (FDCA). Particularly in this case, the nature, circumstances, and seriousness of misbranding and adulteration crimes go far beyond the misdemeanor label that is attached to them.
And this:
Every factual objection [they are making] can be traced to one or more allegations in the indictment which the defendants either admitted was true or agreed could be used to determine their sentence.By raising these objections, the defendants could be viewed as being in breach of the terms of the plea agreement. In case of breach, the Government is released from its obligations under the agreement, the defendants remain bound by their guilty pleas, and the defendants are sentenced without the benefit of the promises made by the Government.
[....]
(T)he defendants have never admitted that they knowingly imported wheat gluten that was misbranded and adulterated with melamine.
In fact, the Government does not contend and does not ask the Court to conclude that the defendants had actual knowledge that the imported wheat gluten was adulterated with melamine.
But the fact that the defendants did not actually know that the imported wheat gluten was adulterated with melamine does not prevent the Court, or anyone else for that matter, from concluding that the defendants acted recklessly or with more than mere negligence.
There’s a lot more, including an overview of just how and why the Millers should have been able to detect and prevent this tragedy. It makes for some rough reading.
I don’t know what the actual sentence will be, but I’m pretty sure it will be along the lines laid out in the memorandum: Probation, and a small fine. That’s it.
And the Millers still have their friends, too. Plenty of them sent letters (here and here) to the court testifying to what good, righteous, honest, religious, upstanding citizens the Millers are. Not a word about what happened to the people and pets affected by the adulteration of the alleged wheat gluten with melamine — but lots of sad stories about how hard this has been on the Millers.
Who are, I’m sure you’ll be glad to know, back in the food ingredient importing business already.
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This was the first thing I thought about this am…and then of course my thoughts went to Jessica and Smudge who both tried to battle back from acute renal failure…and eventually lost..all because they ate cat food..And I know I am not alone this am..I talked to a friend last nite about this..We both wished that our letters to the court were read..both detailing the event and the cascading domino effect of what allowing this contaminant to enter our home did..although we will never know. Of course we know this is more than about melamine in pet food..this was after all labeled human grade wheat gluten and to think of all the foods that contain wheat gluten makes my head spin..but what makes it spin faster is the fact that so little has been done to prevent this adulteration from happening in the first place…There are a few that seem to understand the issues outside of the pet blogs..But it seems no one is listening..With melamine showing up in China yet again..now..as a reminder…there seems to be little interest—unless of course you saw the devastation caused by eating contaminated food. And that is what I am afraid of…that nothing will really happen until someone “high up”—higher than me and my two kitties—gets affected by doing something that was not wrong—nor dangerous—well at least it shouldn’t have been..
Thanks for keeping those innocent souls that were affected..”alive” here at PC…
Comment by Carol V — February 5, 2010 @ 6:46 am
Hard on the Millers? Too bad they didn’t spend some time at my house. My almost 14 year old cat was on the front end of the poisoning and has suffered greatly since. She’s alive and stable and enjoying a decent quality of life, but has had surgeries, much time hospitalized and takes medication twice daily plus renal food to keep her going. I have spent more money than most people would believe to keep her going. And we are one of the lucky ones!
There must be a special place where these folks will go when it’s their time to leave this earth. They knew and they didn’t care about anything but their profits. And I can’t believe they will do anything any differently now.
Probation? Yeah, right!
Comment by catmom5 — February 5, 2010 @ 6:47 am
Well, now .. their PASTOR says they’re good people.
Am reminded once again of the difference between what’s legal and what’s ethical. I guess that distinction isn’t taught in the Sunday school classes Sally teaches. Or maybe it is, I don’t know.
What I do know is they have the same regrets as Michael Vick — they’re sorry they got caught — but unlike Vick they’re already back in the business.
Ptooey.
Comment by Gina Spadafori — February 5, 2010 @ 6:55 am
They’re back in business?! {head desk} I would ask who would buy from them, but I think I know . . .
Comment by straybaby — February 5, 2010 @ 7:06 am
I hate to sound vindictive but couldn’t we give these people ANY jail time - a day even? ugh… this sux.
Comment by YesBiscuit — February 5, 2010 @ 7:13 am
and don’t forget this from
http://www.nytimes.com/2008/02.....;ref=world
“As early as January last year, one pet food maker complained to ChemNutra that the wheat gluten was too moist, according to the indictment.”
So they should have known before Menu Foods telling them..
Comment by Carol V — February 5, 2010 @ 7:47 am
As I calculate the time that Scooter has left and I am now, I greatly regret to say, an expert in CRF care, I thought of the Millers.
As the budget gets adjusted, again, to pay for this care, while paying for the bills that started three years ago and never stopped, I thought of the Millers.
Then I thought about all the other pet people, mourning the dead and tending the sick who were all waiting for this new blow, more pain.
I could actually feel my heart lurch and stop for a second or two at the weight of what the Millers did to so many, all of us still being hurt. Once again bracing for bad news on Friday.
It just never ends.
Comment by diedmarch172007 — February 5, 2010 @ 7:51 am
How ironic. Today is the three-year anniversary of the death of my cat Rhett. Since he also suffered from hyperthyroidism and CHF as well as his renal issues, there was never any proof that what these people did contributed to his death, but their getting off with a wink and a nod today of all days is bitter indeed.
It’s a shame that the government can’t at least keep them out of this line of business, since they are obviously not to be trusted with it. How anyone can trust them with foodstuffs for any living creature is beyond my comprehension.
Comment by Feline — February 5, 2010 @ 7:56 am
It was also painful this week to read how we were all expertly “handled” during the horrors of 2007, this man is very proud.
http://www.newsweek.com/id/232962/page/2
Comment by diedmarch172007 — February 5, 2010 @ 8:43 am
5:00 a.m., give 2 cats phosphorous blocker
5:20 a.m., give 2 cats blood pressure meds
5:45 a.m., feed two cats homemade pet food
6:30 a.m., trap cat for fluids administration
6:50 a.m., trap second cat for fluids administration, went badly, hurt her.
Remember today the sobs that caused this sentenced. Say extra prayer for cat who died
February 10, 2007, from poison pet food.
Never ever trust pet food ingredients from country that eats cats and dogs, and especially
delights in puppy recipes.
concern4pets
Comment by concern4pets — February 5, 2010 @ 9:16 am
35 grand in fines, paid to the court, no restitution , total skate on jail time and the US attorney is proud of this “vigorous protection”.
The Millers will be having champagne flavored with the tears of grieving pet owners, in celebration, at their luxury home located in Las Vegas.
None of you are invited.
Comment by diedmarch172007 — February 5, 2010 @ 2:52 pm
As expected, I’m afraid.
Comment by Gina Spadafori — February 5, 2010 @ 2:54 pm
I am sickened by the disregard for the pain and suffering these people caused to our pets and the people who love them.
Our beloved Whiskers died due to the pet food recall, and the people responsible for his murder basically get a slap on the wrist.
Comment by Alasandra — February 5, 2010 @ 2:55 pm
I like the photo that was added with this post. If I were a cat that is how I would feel, too. Screamin’ mad.
Comment by ericka — February 5, 2010 @ 3:57 pm
The Millers pastor wrote a rather touching letter to the court. Public record.
My heart was filled with pain because the Millers sold poison, killed my pets and destroyed my life- until I saw this pastors words.
Then, I SAW THE LIGHT!!!
Perhaps the Millers church and pastor could be begged/asked to show a little christian charity to the victims of the Millers?
How could they refuse?
The pastor swears, in a public document, that the Millers are church members. Many of the Millers victims also belong to a church! So it is time for pet owners to have faith that the Millers church will supply some of the mercy the Millers denied.
Send those vet bills directly to the Millers pastor!
The congregation of the Millers church might enjoy a presentation on the joys of CRF care?
A short guest sermon on how to love the neighbor who killed your pets and nuked your life? That would be a sermon to remember.
Drop by the Millers church, anytime you happen to be in Vegas, no need to be shy. This pastor worked one hell of a miracle for the Millers, after all the death and suffering they inflicted, I almost think a miracle cure for CRF cats may be in the offing, ask that good man to lay his hands on your dying pets! Do a healing of your vet bills while he is at it.
Sundays are good.
Comment by diedmarch172007 — February 5, 2010 @ 4:01 pm
I am heartbroken and angry over this sentencing outcome. There is the settlement that is currently under appeal that should have gone to trial instead. We have this case where the attorney says they will “vigorously prosecute”. Its just a travesty and I see nothing stopping this from happening again. We as petowners and our pets deserved so much more than this. Im trying to figure out why it took 3 years if all they did was agree between each other what the sentencing would be. Good grief.
Comment by Sandi K — February 5, 2010 @ 5:37 pm
Yellowtail wine from Down Under is partnering with H$U$ to save the animals don’tchaknow and already donated $100k for Wayne’s new suits I mean the dogs, the Millers get a flyswat, the Eagles nominate SickVick for some damned award for ethics and sportsmanship…..think I’ll just go stick my fingers down my throat and attempt to puke. Maybe I’ll feel better.
Comment by Anne T. — February 5, 2010 @ 6:06 pm
I don’t know anything about the type of church these pet killers belong to. But if it is one of very “fundamentalist” beliefs, then the pastor and most of the church members probably don’t believe any animals, including “pets,” since they are lower than humans, deserve any particular consideration, even when damaged and dying. In fact, many of these belief systems think people who put animal lives even close to people’s are the ones who are “sinners.” (I am member of a non-traditional church believing “ALL LIFE is precious in the sight of God.”)
Comment by Cericat — February 6, 2010 @ 12:40 pm
“The Millers have struggled…..” where’s my hanky?
http://www.lvrj.com/news/break.....84012.html
Comment by Sandi K — February 6, 2010 @ 9:47 pm
:::retch:::: retch::::
Comment by Gina Spadafori — February 6, 2010 @ 9:59 pm
http://pr-usa.net/index.php?op.....;Itemid=95
Miller says “We used the best safety procedures in the industry at the time to import products. We were caught up in the fraud perpetrated by an unscrupulous Chinese manufacturer that decided it could make extra money by putting protein-enhanced chemicals into the products it was selling to the U.S. Problems with melamine continue to this day in China, most recently with baby formula and chocolate. Until the proper quality controls and safeguards are put in place by China’s testing agencies, these instances of melamine contamination will likely continue.”
Comment by Sandi K — February 7, 2010 @ 10:22 am
Do I remember reading somewhere that the Millers recommended the Chinese ship the fake gluten in boxes labeled “textiles” to avoid inspection? Miller is so full of crap!
I wonder what level of Dante’s Hell they belong in. I haven’t heard any admission of wrong-doing or any remorse. Personally, I don’t think God forgives evil without repentence. JMHO.
Comment by PamJJ — February 7, 2010 @ 10:36 am
I am curious to know what Dr Becker . and any others think about the new(er) vegan food Humane Choice. This food is promoted by the HSUS and a portion of the sales go the “charity”. No meat.. but soy.. brought all of the way to your local Whole Foods and Petco from Uruguay. Not suitable for puppies. Would any of you feed this food to your pets as a “choice” without direct supervision of a veterinarian?
Comment by bestuvall — February 7, 2010 @ 1:33 pm
No matter who it’s promoted by, we’ve said several times that if you want a vegan pet, get a rabbit. Dogs and cats are not vegetarians — cats, in fact are obligate carnivores — and to make them go meatless because of your own biologically ignorant ideology is poor stewardship, at minimum.
Comment by Gina Spadafori — February 7, 2010 @ 2:01 pm
” the new(er) vegan food Humane Choice. This food is promoted by the HSUS and a portion of the sales go the “charity”. No meat.. but soy.. brought all of the way to your local Whole Foods and Petco from Uruguay…”
Comment by bestuvall — February 7, 2010 @ 1:33 pm
Hrmmm…let’s see.
Strike one - vegan.
Strike two - long-distance transport.
Strike three and yer out - HSUS.
Actually, that one only needed the first strike for me.
My dog eats meat. No grains, no soy, no veggies (except as treats).. Real, red, bloody, good for ‘em meat.
Wonder what the HSUS would say about that?? ;)
Comment by K.B. — February 7, 2010 @ 2:59 pm
To Steve and Sally Quing Miller:
http://community.whptv.com/for.....px#4311845
***
Comment by Rosie — February 21, 2010 @ 5:08 pm
Sadly, Rosie, the Millers didn’t care before and I doubt they care now. My condolences.
Comment by Gina Spadafori — February 21, 2010 @ 6:53 pm
Rosie I am so sorry for your losses. Hopefully karma will kick in and the Millers will get some payback. They certainly haven’t yet.
Comment by Leslie K — February 21, 2010 @ 6:58 pm
US Magistrate Judge John Maughmer ordered the probation for Stephen and Sally Miller, owners of ChemNutra Inc., on Feb. 5. Probation.
***
To Judge John, Stephen and Sally:
It’s easy to ignore the mass destruction of the pets we called our loved ones, and some our babies, all of which were our friends, especially when there are no faces, names or histories behind those nameless, anonymous 30,000+ some family pets that died due to your greed and ignorance.
Let me introduce you to my two little friends: Coho and Rosie.
Coho was adopted from a feral family that lived in a barn under hay bales in Palmer (you’ll see a photo below), Alaska, and flown home by me when he was 8 weeks old - for a better life (for both of us). Coho was the runt of the litter, and I was exhausted and tired of work and life, in general. Coho (the orange and white tabby) was like a puppy - he would follow me wherever I went - I took him to the park, on my boat (he loved waiting for the fish), jogged with me (with no leash) and lived peacefully alongside the animals at the farm I lived at. Although I had many friends, he was my best friend - always by my side - always the clown making me smile and laugh. Coho would go with me to the gym and hang with the guys while I trained, and sit under my desk at work.
Rosie just showed up one day about 6 months later and never left. Now Rosie was one of those cats who no matter what, would not leave you alone. He lived for pets, like a cocaine addict lived for their drug. If Rosie sensed someone was allergic to cats, he would be in their face even more. There was no pushing Rosie away if being petted was a viable possibility.
They were inseparable. They were my lifeline. Coho once had an accident where he’d laid on the motor of the car and got caught in the fan belt, but he survived just fine. But while he recuperated at home heavily sedated, Rosie never left his side (you’ll see photos below).
We were working with Rosie to be a therapy cat to take to local Nursing Homes to visit the bedridden Seniors, unfortunately shortly before that happened he was taken by the pet food recall, as was Coho.
Prior to this time, my Mother was diagnosed with cancer, and I took care of her at home. She chose to sleep on the chair because they’d cut away half of her face and her right eye (she had paranasal sinus cancer), but Rosie slept on her lap every night. He bought her so much joy.
My significant other, who never had been exposed to a cat, was also adopted by Rosie, and as you can see in the photos below, Rosie kept him safe as well.
Although Coho was the runt of the litter, he grew to a whopping 25 lbs, however wasted down to 8 after he went into renal failure from the tainted pet food recall. We tried the best we could to keep him alive, giving him IV’s twice a day, but it finally took his life. Toward the end, he became somewhat delusional and disoriented, and once he could no longer stand, we took him to the vets to be euthanized. I could not bear to watch. My significant other held his paw and when I started to cry, Coho looked up at me, and I had to walk out. I am so sorry, Coho.
Rosie passed away about a month later - he refused the IV treatment and I could not keep him hydrated. Everyone Rosie ever came in contact with (hundreds of people) say they never met another cat like him, and how sad it was we could not get him to the Nursing Homes as was scheduled. Both were 14 years old. But they say there is a reason for everything, and I’m still trying to find the reason for the above two deaths. I’m also trying to find a reason that the individuals responsible not for just my two, but THOUSANDS, have been given what boils down to a slap on the wrist, and have already started up a new business venture.
I am not a vengeful or spiteful person, and believe in Karma. I also believe in God. You understand the rest of the story.
Rest in Peace, Coho, Rosie and the untold thousdands of others who died in this massive pet food recall - we will see you at the Rainbow Bridge.
Comment by Rosiemeow — February 27, 2010 @ 7:38 am
I would have thought their careers were ruined after this event. I’d be surprised if consumers can easily forgive such a mistake.
Comment by SherwinJTB — March 28, 2010 @ 10:11 am