A California-based company, Advoque Safeguard LLC (ASG), along with three of its owners and managers, has admitted guilt to charges related to the distribution of misbranded face masks during the initial months of the COVID-19 pandemic in the United States. The company pleaded guilty to conspiracy to introduce misbranded devices into interstate commerce with intent to defraud or mislead, as per the Federal Food, Drug and Cosmetic Act. Individuals involved include Jason Azevedo from Cedar Creek, Texas; Paul Shrater from Simi Valley, California; and Andrew Stack from Santa Cruz, California.
The case is being overseen by U.S. District Court Judge Myong J. Joun, who has set sentencing for June 11, 2025. Previously, in October 2024, another entity, JDM Supply LLC (JDM), and two individuals associated with it—Daniel Motha and Jeffrey Motha—also pleaded guilty under this investigation. Additionally, Jason Colantuoni admitted guilt in August 2023 for conspiracy to commit price gouging and awaits sentencing.
During spring 2020, ASG and JDM were found conspiring to ship facemasks falsely branded as NIOSH-approved N95 respirators. A hospital identified as “HOSPITAL 1” purchased these masks but did not use them after discovering they were not genuine N95s. Testing by a NIOSH lab revealed that these masks had filtration efficiencies ranging between 83.94% and 93.24%, below the required minimum for N95 respirators.
The charge against ASG carries potential penalties including a fine up to $500,000 or twice the pecuniary gain or loss of the offense and up to five years of probation. For individuals charged with introducing misbranded devices into interstate commerce, sentences could include up to one year in prison and fines reaching $100,000.
This announcement was made by United States Attorney Leah B. Foley alongside officials from various federal agencies including the U.S. Postal Inspection Service and Homeland Security Investigations among others. The case is being prosecuted by Assistant U.S. Attorneys Bill Brady and Howard Locker.
In response to pandemic-related frauds like this one, the COVID-19 Fraud Enforcement Task Force was established on May 17, 2021. This task force aims to combat fraudulent activities related to relief programs during the pandemic through coordinated efforts across multiple government agencies.
For more information on fraud prevention measures or to report suspected COVID-19 fraud attempts, visit the Department of Justice's website or contact their National Center for Disaster Fraud Hotline.