Two brothers have been sentenced in federal court for charges related to misbranding facemasks as N95 respirators and engaging in price gouging during the early stages of the COVID-19 pandemic. Daniel Motha, 40, from Miami, Florida, and Jeffrey Motha, 36, from Norfolk, Massachusetts, received a penalty of one-year probation and a $9,500 fine each. They admitted guilt in October 2025 to introducing misbranded devices into interstate commerce and conspiring to commit price gouging, violating the Defense Production Act.
The brothers owned JDM Supply LLC, which collaborated with Advoque Safeguard LLC to distribute incorrectly branded facemasks as NIOSH-approved N95 respirators. They misled at least one hospital, leading to the sale of approximately 850,000 masks at a cost of roughly $2.6 million. These masks, later proven to fall short of N95 qualification, were returned to Advoque.
Furthermore, Daniel and Jeffrey Motha used JDM to exploit the high demand for N95 masks, selling them at inflated prices. Other individuals involved included Jason Colantuoni from Norfolk, Massachusetts, who also confessed to price gouging and awaits sentencing in 2025.
Authorities from several agencies including the U.S. Postal Inspection Service and the FDA's Office of Criminal Investigations were involved in this case. U.S. Attorney Leah B. Foley, among others, announced the sentencing. Assistant U.S. Attorney Howard Locker prosecuted the case.
The Department of Justice's COVID-19 Fraud Enforcement Task Force, established in May 2021, continues to address pandemic-related fraud issues. Additional information and resources on combatting fraud are available on the Department's website.