Couple pleads guilty in toxic pet food case
By HEATHER HOLLINGSWORTH
KANSAS CITY, Mo. (AP) — A Las Vegas-based company and its owners
have pleaded guilty to distributing a tainted ingredient used to make
pet food that killed potentially thousands of dogs and cats.
Sally
Qing Miller, 43, and her husband, Stephen S. Miller, 56, along with
their company, Chemnutra Inc., pleaded guilty Tuesday to one count of
selling adulterated food and one count of selling misbranded food, both
misdemeanors.
They initially were charged with 13 counts of
introduction of adulterated food into interstate commerce, 13 counts of
introduction of misbranded food into interstate commerce and one felony
count of conspiracy to commit wire fraud.
The charges were
contained in a February 2008 federal indictment that alleged the
Millers and ChemNutra, along with two Chinese companies, brought wheat
gluten tainted with the chemical melamine into the U.S. It was then
sold to pet-food makers, and thousands of cats and dogs reportedly
became sickened or died.
In 2007, the case resulted in a nationwide recall of more than 150 brands of pet food.
"The
conduct of these defendants in violating federal health and safety
standards caused the deaths and illness of thousands of family pets, as
well as anxiety among dog and cat owners across the country and
economic harm to many pet food manufacturers," Acting U.S. Attorney
Matt J. Whitworth said in a news release.
The sentencing hearing
has not been scheduled. The Millers face up to two years in federal
prison without parole, plus a fine up to $200,000 and an order of
restitution. ChemNutra is subject to a fine up to $400,000 and an order
of restitution.
But Robert J. Becerra, an attorney who
represented Sally Qing Miller, who is a Chinese national, and
Chemnutra, said the company, the Millers and the government agreed that
probation and a fine were an appropriate sentence.
"The Millers
and ChemNutra look forward to putting both this case and this tragic
matter behind them and hope that today's enhanced awareness of food
safety issues will prevent this from ever happening again," Becerra
said.
Lance Sandage, defense attorney for Stephen Miller, the
owner and chief executive officer of Chemnutra, did not immediately
return phone calls Tuesday seeking comment.
Xuzhou Anying
Biologic Technology Development Co. and Suzhou Textiles, Silk, Light
Industrial Products Arts and Crafts I/E Co. were indicted with 13
felony counts of introduction of adulterated food into interstate
commerce and 13 felony counts of introduction of misbranded food into
interstate commerce.
The indictment also names Mao Linzhun, Xuzhou's owner, and Zhen Hao Chen, Suzhou's president.
The
indictment also alleged that Suzhou Textiles, an export broker,
mislabeled 800 metric tons of tainted wheat gluten manufactured by
Xuzhou to avoid inspection in China. Suzhou then did not properly
declare the contaminated product it shipped to the U.S., the indictment
said.
It also said the shipment was falsely declared to the
Chinese government in a way that would avoid a mandatory inspection of
the company's plants.
According to the indictment, ChemNutra
picked up the melamine-tainted product at a port of entry in Kansas
City, then sold it to makers of various brands of pet foods. The
indictment alleges that Xuzhou added the melamine to artificially boost
the protein content of the gluten to meet the requirements specified in
Suzhou's contract with ChemNutra.
Prosecutors said adding the
melamine, which would allow it to pass chemical inspections for protein
content, was cheaper than adding protein to the gluten.
Chinese authorities shut down Xuzhou Anying and revoked its license in 2007.