Notice2022-20710
Roy Tuccillo, Sr.: Final Debarment Order
Primary source
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Published
September 23, 2022
Issuing agencies
Health and Human Services DepartmentFood and Drug Administration
Abstract
The Food and Drug Administration (FDA) is issuing an order under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring Roy Tuccillo, Sr. for a period of 5 years from importing articles of food or offering such articles for importation into the United States. FDA bases this order on a finding that Mr. Tuccillo was convicted of a felony count under Federal law for conduct relating to the importation into the United States of an article of food. Mr. Tuccillo was given notice of the proposed debarment and an opportunity to request a hearing within the timeframe prescribed by regulation. As of July 17, 2022 (30 days after receipt of the notice), Mr. Tuccillo has not responded. Mr. Tuccillo's failure to respond and request a hearing constitutes a waiver of his right to a hearing concerning this matter.
Full Text
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<title>Federal Register, Volume 87 Issue 184 (Friday, September 23, 2022)</title>
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58109-58110]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20710]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2022-N-0316]
Roy Tuccillo, Sr.: Final Debarment Order
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring Roy
Tuccillo, Sr. for a period of 5 years from importing articles of food
or offering such articles for importation into the United States. FDA
bases this order on a finding that Mr. Tuccillo was convicted of a
felony count under Federal law for conduct relating to the importation
into the United States of an article of food. Mr. Tuccillo was given
notice of the proposed debarment and an opportunity to request a
hearing within the timeframe prescribed by regulation. As of July 17,
2022 (30 days after receipt of the notice), Mr. Tuccillo has not
responded. Mr. Tuccillo's failure to respond and request a hearing
constitutes a waiver of his right to a hearing concerning this matter.
DATES: This order is applicable September 23, 2022.
ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff, Food and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500, or at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of
Enforcement (ELEM-4029), Office of Strategic Planning and Operational
Policy, Office of Regulatory Affairs, Food and Drug Administration,
12420 Parklawn Dr., Rockville, MD 20857, 240-402-8743, or at
<a href="/cdn-cgi/l/email-protection#593d3c3b382b343c372d2a193f3d387731312a773e362f"><span class="__cf_email__" data-cfemail="cfabaaadaebda2aaa1bbbc8fa9abaee1a7a7bce1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act, that the
individual has been convicted of a felony for conduct relating to the
importation into the United States of any food.
On November 9, 2021, Mr. Tuccillo was convicted as defined in
section 306(l)(1)(A) of the FD&C Act, in the U.S. District Court for
the Eastern District of New York, when the court accepted his plea of
guilty and entered judgment against him for the offense of conspiracy
to commit wire fraud in violation of 18 U.S.C. 371 and 1343.
FDA's finding that the debarment is appropriate is based on the
felony conviction referenced herein. The factual basis for this
conviction is as follows: as stated in the indictment, filed September
26, 2018, transcript of guilty pleas, filed December 26, 2019, and
Magistrate Judge Steven Locke's report and recommendation, filed May
10, 2020, all from Mr. Tuccillo's case, Mr. Tuccillo was the owner,
president, and chief operating officer of Anchor Foods, Inc. and
Advanced Frozen Foods, Inc. (collectively, ``Anchor Foods''), and had
overall responsibility
[[Page 58110]]
for the operation of both businesses and their employees. Both Anchor
Foods companies were located in Westbury, New York.
From on or about February 2011 and continuing through January 2014,
Mr. Tuccillo knowingly and willfully conspired with Anchor Foods, Roy
Tuccillo, Jr., and others to import giant squid from Peru to Mr.
Tuccillo's companies' location in Westbury, New York and repackage and
sell that squid falsely labeled and identified as ``octopus.'' Mr.
Tuccillo sold the falsely labeled squid in interstate commerce to
grocery stores in New Jersey, Texas, and Massachusetts. Mr. Tuccillo
used email and fax to sell and receive payments for the squid falsely
labeled as octopus. In total, Mr. Tuccillo's companies made
$1,128,388.50 worth of fraudulent sales of squid.
As a result of this conviction, FDA sent Mr. Tuccillo, by certified
mail on June 6, 2022, a notice proposing to debar him for a period of 5
years from importing articles of food or offering such articles for
import into the United States. The proposal was based on a finding
under section 306(b)(1)(C) of the FD&C Act that Mr. Tuccillo's felony
conviction of conspiracy to commit wire fraud in violation of 18 U.S.C.
371 and 1343, constitutes conduct relating to the importation into the
United States of an article of food because Mr. Tuccillo knowingly and
willfully conspired with Anchor Foods, Roy Tuccillo, Jr., and others to
import giant squid from Peru to his companies' location in Westbury,
New York and repackage and sell that squid falsely labeled and
identified as ``octopus'' in interstate commerce, using email and fax
to sell and receive payments for the falsely labeled squid. The
proposal was also based on a determination, after consideration of the
relevant factors set forth in section 306(c)(3) of the FD&C Act (21
U.S.C. 335a(c)(3)), that Mr. Tuccillo should be subject to a 5-year
period of debarment. The proposal also offered Mr. Tuccillo an
opportunity to request a hearing, providing him 30 days from the date
of receipt of the letter in which to file the request, and advised him
that failure to request a hearing constituted a waiver of the
opportunity for a hearing and of any contentions concerning this
action. Mr. Tuccillo failed to respond within the timeframe prescribed
by regulation and has, therefore, waived his opportunity for a hearing
and waived any contentions concerning his debarment (21 CFR part 12).
II. Findings and Order
Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(b)(1)(C) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr.
Tuccillo has been convicted of a felony count under Federal law for
conduct relating to the importation into the United States of an
article of food and that he is subject to a 5-year period of debarment.
As a result of the foregoing finding, Mr. Tuccillo is debarred for
a period of 5 years from importing articles of food or offering such
articles for import into the United States, applicable (see DATES).
Pursuant to section 301(cc) of the FD&C Act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Roy
Tuccillo, Sr., is a prohibited act.
Any application by Mr. Tuccillo for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2022-N-0316 and sent to the Dockets Management Staff (ADDRESSES).
The public availability of information in these submissions is governed
by 21 CFR 10.20.
Publicly available submissions will be placed in the docket and
will be viewable at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday, 240-402-7500.
Dated: September 19, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-20710 Filed 9-22-22; 8:45 am]
BILLING CODE 4164-01-P
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