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Federal Contractor Misconduct Database (FCMD)

The federal government routinely awards contracts to companies with histories of misconduct, including contract fraud and other violations. POGO believes that providing this website will help to improve contracting decisions and increase public knowledge of how the government spends billions of taxpayer dollars each year. Read more…

U.S. v. Facteau and Fabian (Unlawful Distribution of the Relieva Stratus Microflow Spacer)

William Facteau and Patrick Fabian, respectively the former chief executive officer and vice president of sales at Johnson & Johnson subsidiary Acclarent, were convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. Facteau and Fabian caused the unlawful distribution of a medical device known as the Relieva Stratus Microflow Spacer for uses not cleared or approved by the U.S. Food and Drug Administration. In 2021, Facteau and Fabian were sentenced to fines of $1 million and $500,000, respectively. In 2016, Acclarent paid $18 million to settle a related False Claims Act lawsuit.

Misconduct Type
Health
Enforcement Agency
Justice
Contracting Party
None
Court Type
Criminal
Disposition
Found Guilty
Date of Conviction
7/20/2016
Contractors Involved Penalty
Total
Johnson & Johnson $1,500,000
Further Information Released
DOJ Press Release 7/20/2016

See also:

Federal Contractor Misconduct Database