R. Alexander Acosta, United States Attorney for the Southern District of Florida, Lee Huttenbach, Special Agent in Charge, U.S. Department of Agriculture, Southeast Region, Office of Inspector General, and David Bourne, Special Agent in Charge, Food and Drug Administration, Office of Criminal Investigations, announce the filing of a two-count Information charging defendant Timothy Delong with engaging in a scheme to defraud through the sale of adulterated foods, and a scheme to introduce misbranded food into interstate commerce, in violation of Title 18, U.S.C. ? 1341, and 21 U.S.C. ?? 331(a), 333(a)(2), and 343.
Delong made his initial appearance in federal court this morning before Magistrate Judge James Hopkins, who set bond at $150,000. No future dates were set for appearances before United States District Court Judge Daniel T. K. Hurley, who was assigned the case.
Count 1 of the Information charges Delong with engaging in a scheme to defraud the customers of his company, Atlantis Foods, Inc., f/k/a Culinary Designs, d/b/a Atlantis Foods ("Atlantis Foods") , through the sale of adulterated prepared foods, specifically chicken salad, Maine lobster dip, salmon cream cheese, salmon spread, chicken salad with almonds and cranberries, and crab stuffing, all of which contained the harmful bacterium Listeria monocytogenes. Delong was president of Atlantis Foods, which on six occasions in 2003, allegedly produced and distributed food products containing Listeria monocytogenes. According to the Information, Delong failed to notify his customers after learning of the contamination and did not initiate a recall of the products.