Stockpiling Sneaker Seller Slips-up

Stockpiling Sneaker Seller Slips-up

28 Apr 2020

In a first of its kind case, the office of the United States Attorney for the Eastern District of New York has brought criminal charges against a Long Island entrepreneur under the Defense Production Act.  The defendant owns several New York based businesses that sell sneakers and apparel.  After a search of defendant’s warehouse, investigators discovered 100,000 N95 masks, 10,000 surgical gowns, over 2,000 full-body isolation suits and over 500,000 pairs of disposable gloves.  According to prosecutors, the defendant is no goody-two-shoes – he later sold these items to “uniquely vulnerable” customers on shoe-string budgets such as the Association to Benefit Children and the New York Foundation for Senior Citizens.  The inflated prices he charged resulted in profits of up to 1,328%.  This is the first instance of federal prosecutors using the Defense Production Act of 1950 to target hoarding and price gouging in the current COVID-19 health crisis, but they obviously feel that the shoe fits. Defense counsel Bradley Gerstman is confident that the allegations against his client are “unconscionable and unsustainable in a court of law” and is not shaking in his shoes.   

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About Stephen Doherty

Stephen Doherty is Senior Counsel in the Pennsylvania office of Faruqi & Faruqi, LLP.   Mr. Doherty practices in the area of antitrust law and is significantly involved in prosecuting antitrust class actions on behalf of direct purchasers of brand name and generic drugs and charging pharmaceutical manufacturers with price fixing and with illegally blocking the market entry of less expensive competitors.

Stephen Doherty
Senior Counsel at Faruqi & Faruqi, LLP
Pennsylvania office
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E-mail:sdoherty@faruqilaw.com

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