By Kevin Murphy
For the Monroe Times
CHICAGO - A Monroe man was one of four individuals indicted last week in federal court in Chicago for allegedly shipping more than 55 tons of Mexican cheese in 2007 that contained salmonella, E. coli and other illness-causing bacteria.
Miguel Leal, 47, Monroe, and the other three defendants were each charged with conspiring to illegally distribute cheese that had been returned from dissatisfied customers. The defendants allegedly had the mold and fungus scrapped off so the cheese could be resold. Leal and the others were also alleged to have lied to Food and Drug Administration inspectors and created false documents to cover up the unlawful cheese sales.
According to the six-count indictment:
Leal, who owned a cheese plant in Darlington, had 33,924 pounds of dried cheese shipped from Mexico in April 2007 to another plant he owned in Elmhurst, Ill. An additional 37,772 pounds was shipped in May 2007 and another 39,290 pounds in June 2007.
The Food and Drug Administration placed a hold on the first shipment on April 15, 2007 but an inspector reported 311 cartons of cheese were missing.
Co-defendants Baldemar Zurita, of Chicago, and 37-year-old Cynthia Gutierrez, of Cicero, Ill. - Leal's finance and operations manager - falsely told the inspectors that the 311 cartons were in Leal's Darlington plant.
Co-defendants Guadalupe Zurita, 42, of Villahermosa, Mexico, and Leal allegedly arranged to place 311 other boxes of unlabeled cheese at the Darlington plant in case the FDA inspector came to look for the missing cheese.
Despite the FDA hold order, Leal and Gutierrez allegedly distributed the rest of the April cheese shipment to customers in several states. Because the cheese was found to contain salmonella and other illness-causing bacteria, the FDA placed detain and destroy orders on the May and June cheese shipments. However, Leal and Gutierrez allegedly distributed these shipments to customers in other states.
At Leal's and Gutierrez's request, and at his brother Guadalupe Zurita's direction, Baldemar Zurita allegedly "washed" or scraped the mold from the cheese between April and September 2007 as it was returned from customers, so Leal could resell it.
No illnesses were reported in connection with the moldy cheese, according to US Attorney Patrick Fitzgerald.
"While there is no evidence in this case that anyone was harmed by the cheese at issue, it is imperative that the FDA enforce food safety laws for the protection of the health of consumers," Fitzgerald said in a prepared statement.
In addition to being named in the conspiracy count, Leal also was charged with obstruction of justice for concealing the sale of the 311 cartons of cheese. If convicted, he faces a five-year maximum prison sentence on the conspiracy charge and 20 years for obstruction.
Leal's company sold the cheese in question under the name, Queso Cincho De Guerrero. A September 2007 recall was issued for the dry, hard Mexican cheese, which was sold in 35- and 40-pound wheels.
No attorneys representing the defendants were listed on the court's website.
Leal sold his Darlington and Elmhurst cheese facilities in July 2007 to a Mexican corporation.
Leal and Gutierrez are to self-report for their arraignment on May 23, when the government will request preliminary bail of $4,500.
Guadalupe Zurita owned facilities in Villahermosa from which he shipped Mexican cheese and peppers to the U.S. The government will seek his arrest and extradition to the U.S.
Baldemar Zurita was arraigned last week.
For the Monroe Times
CHICAGO - A Monroe man was one of four individuals indicted last week in federal court in Chicago for allegedly shipping more than 55 tons of Mexican cheese in 2007 that contained salmonella, E. coli and other illness-causing bacteria.
Miguel Leal, 47, Monroe, and the other three defendants were each charged with conspiring to illegally distribute cheese that had been returned from dissatisfied customers. The defendants allegedly had the mold and fungus scrapped off so the cheese could be resold. Leal and the others were also alleged to have lied to Food and Drug Administration inspectors and created false documents to cover up the unlawful cheese sales.
According to the six-count indictment:
Leal, who owned a cheese plant in Darlington, had 33,924 pounds of dried cheese shipped from Mexico in April 2007 to another plant he owned in Elmhurst, Ill. An additional 37,772 pounds was shipped in May 2007 and another 39,290 pounds in June 2007.
The Food and Drug Administration placed a hold on the first shipment on April 15, 2007 but an inspector reported 311 cartons of cheese were missing.
Co-defendants Baldemar Zurita, of Chicago, and 37-year-old Cynthia Gutierrez, of Cicero, Ill. - Leal's finance and operations manager - falsely told the inspectors that the 311 cartons were in Leal's Darlington plant.
Co-defendants Guadalupe Zurita, 42, of Villahermosa, Mexico, and Leal allegedly arranged to place 311 other boxes of unlabeled cheese at the Darlington plant in case the FDA inspector came to look for the missing cheese.
Despite the FDA hold order, Leal and Gutierrez allegedly distributed the rest of the April cheese shipment to customers in several states. Because the cheese was found to contain salmonella and other illness-causing bacteria, the FDA placed detain and destroy orders on the May and June cheese shipments. However, Leal and Gutierrez allegedly distributed these shipments to customers in other states.
At Leal's and Gutierrez's request, and at his brother Guadalupe Zurita's direction, Baldemar Zurita allegedly "washed" or scraped the mold from the cheese between April and September 2007 as it was returned from customers, so Leal could resell it.
No illnesses were reported in connection with the moldy cheese, according to US Attorney Patrick Fitzgerald.
"While there is no evidence in this case that anyone was harmed by the cheese at issue, it is imperative that the FDA enforce food safety laws for the protection of the health of consumers," Fitzgerald said in a prepared statement.
In addition to being named in the conspiracy count, Leal also was charged with obstruction of justice for concealing the sale of the 311 cartons of cheese. If convicted, he faces a five-year maximum prison sentence on the conspiracy charge and 20 years for obstruction.
Leal's company sold the cheese in question under the name, Queso Cincho De Guerrero. A September 2007 recall was issued for the dry, hard Mexican cheese, which was sold in 35- and 40-pound wheels.
No attorneys representing the defendants were listed on the court's website.
Leal sold his Darlington and Elmhurst cheese facilities in July 2007 to a Mexican corporation.
Leal and Gutierrez are to self-report for their arraignment on May 23, when the government will request preliminary bail of $4,500.
Guadalupe Zurita owned facilities in Villahermosa from which he shipped Mexican cheese and peppers to the U.S. The government will seek his arrest and extradition to the U.S.
Baldemar Zurita was arraigned last week.