Last month, the New York State Supreme Court granted Attorney General James’ request for a temporary restraining order, prohibiting the defendants from selling PPE.
Proposed Consent Order and Judgment against Borgese & Impact Medical
On Tuesday, Attorney General James said her office submitted a proposed Consent Order and Judgment against Borgese and Impact Medical to the New York State Supreme Court for approval.
Under the proposed Consent Order and Judgment, Borgese and Impact Medical are prohibited from selling PPE and COVID-related test kits until January 2023. The defendants must each post a $100,000 bond before they can continue their business of selling PPE.
Additionally, the defendants are prohibited from engaging in deceptive and fraudulent business practices such as falsely claiming to be an authorized distributor and in possession of PPE or COVID-19 related testing kits.
Furthermore, the defendants are prohibited from price gouging in violation of New York General Business Law § 396-r.