2026-07-09T16:46:26-0400 / https://www.cbsnews.com/news/alibaba-probe-dangerous-drugs-sold-to-u-s-consumers-doj-no-prosecution/
据公开记录显示，八年来，中国电商巨头阿里巴巴及其美国支付处理公司未能阻止危险药品、化学品和压药机销往美国消费者，即便有员工曾提醒合规问题。
多名了解此事的消息人士告诉CBS新闻，司法部检察官认为他们有足够证据证明这两家公司犯下了违反《食品、药品和化妆品法》的重罪。
这部1938年首次颁布的法律禁止销售、分销或制造假冒、掺假或贴错标签的药品和医疗器械，以及食品、保健品和化妆品。
此案始于特朗普总统第一任期内，耗时数年，涉及多个机构的调查人员。多名熟悉案件细节的人士透露，在拜登政府任期内，时任副司法部长丽莎·莫纳科办公室的一名高级官员敦促调查人员继续深挖，而非以较轻处罚结案，这让证据链变得更加充分。
其中一名消息人士称，近几个月案件接近收尾时，职业检察官曾敦促司法部领导层与阿里巴巴和AUS Merchant Services Inc.达成延迟起诉协议，要求两家公司承认重罪指控。
但最终，此案以6亿美元的罚款和没收款项结案，双方签署了不起诉协议，阿里巴巴仅承认犯下较轻的轻罪违规行为。
尽管司法部将此称为一场胜利，但一名了解证据强度的人士称这一和解结果“令人极度失望”。
“这家中资企业的行为极其恶劣。不起诉协议简直就是挠痒痒，”该匿名人士说道，他因讨论案件的非公开细节而要求匿名。
阿里巴巴和AUS Merchant Services的律师未回应置评请求。
多名消息人士透露，此次对阿里巴巴从轻和解，是近几个月来联邦《食品、药品和化妆品法》下多起涉及公共健康与安全的企业案件中，司法部高层从轻处理、驳回起诉或放弃支持的最新一例。
这些消息人士称，在这些案件中，即便调查人员认为有证据表明消费者面临缺陷产品或掺假产品造成重大伤害的风险，司法部领导层仍放弃支持或终止刑事调查。
消费者权益倡导非营利组织“公共公民”的联合主席丽莎·吉尔伯特表示：“特朗普总统总说要对犯罪行为采取强硬态度，但他的政府却削弱了对企业违法者的执法力度。”
“在事关美国人健康、安全和福祉的背景下，不追究企业的不法行为会产生切实的现实后果。”
司法部在回应CBS新闻的置评请求时，驳斥了其在企业健康安全违法刑事起诉上态度软化的说法。
“确保我国食品供应安全是特朗普政府的首要任务。然而，司法部不认为可以通过起诉来实施监管，”司法部发言人说道。
“在纠正错误时，民事和刑事选项都在考虑范围内，我们的检察官将始终在执法优先事项的框架内，尽最大努力追究不法行为者的责任，”该发言人补充道。
调查有缺陷的CPAP呼吸机和婴儿配方奶粉厂污染事件
2022年以来，费城和华盛顿特区的联邦检察官联合调查飞利浦旗下的一个部门。据企业文件和知情人士透露，该公司因呼吸机内的降噪泡沫可能降解，导致使用者吸入致癌化学物质，被迫召回数百万台CPAP、BiPAP呼吸机和机械通气设备。
此案引发广泛关注，涉及约1500万台设备。
该公司已同意支付超过10亿美元，以解决多起人身伤害索赔诉讼。2024年，司法部达成民事和解令，要求飞利浦呼吸保健部门聘请外部专家检查其工厂、纠正任何缺陷，并确保呼吸设备的问题得到整改。
今年早些时候，东宾夕法尼亚州地区的联邦检察官得知，司法部刑事部门的消费者保护同僚不再被允许与他们联合调查飞利浦案，直接知情的消息人士告诉CBS新闻。
消息人士补充称，华盛顿司法部官员终止对飞利浦调查的支持，源于一项更广泛的指令：要求华盛顿的消费者保护检察官暂停《食品、药品和化妆品法》相关调查，除非是最严重的案件。
飞利浦的一名发言人告诉CBS新闻，此后五家独立实验室证实，使用其睡眠治疗设备不太可能给患者带来明显伤害。
另一起不再获得司法部高层支持的费城联邦检察官办公室案件，涉及批发公司非法进口掺假电子烟产品，消息人士补充道。
传统上负责《食品、药品和化妆品法》刑事案件的华盛顿特区检察官，此前隶属于消费者保护局——该部门负责美国食品和药品安全法律的刑事和民事执法工作，并经常与全国各地的美国检察官办公室合作。
去年，作为大规模重组的一部分，该部门被解散，负责民事案件的律师留在民事司，而检察官则被调至刑事司新成立的健康与安全部门。
熟悉此次会议的消息人士告诉CBS新闻，刑事司助理部长泰森·杜瓦在最近一次与这些健康与安全检察官的会议上，提出了一项新的评判标准，要求他们只受理那些会引发邻居公愤、且能在两分钟内快速解释清楚的案件。
但即便这项评判标准显然也并非适用于所有案件。
多名知情人士透露，今年早些时候，司法部命令华盛顿和密歇根州的检察官终止对雅培实验室的长期刑事调查，该调查源于其密歇根州一家工厂生产的婴儿配方奶粉受克罗诺杆菌污染。
2022年，消费者投诉密歇根州斯特吉斯市雅培营养公司的产品导致婴儿患病，雅培实验室随即召回多款热门婴儿配方奶粉品牌，包括雅培亲护，此事引发广泛关注。同年3月，美国食品药品监督管理局称，据报告有五名婴儿因细菌感染住院，并称“可能导致两名患者死亡”。
雅培的一名发言人表示，并未发现其工厂与引发召回的临床病例之间存在关联。
据《华尔街日报》此前率先报道，即便刑事司的杜瓦和其他高层曾表示支持继续调查此案，司法部仍关闭了这起刑事案件。刑事司的意见被推翻。
彭博政府此前曾报道杜瓦与其他司法部高层之间的分歧，称此案引发了人们对缩减涉及公共健康与安全的企业起诉的广泛担忧。
5月12日的一份针对该配方奶粉事件的平行民事虚假索赔法案案件的法庭记录显示，司法部已与雅培达成和解，但细节尚未公布。
在今年2月的该案法庭文件中，司法部律师指控该公司向联邦和州监管机构隐瞒其合规情况。
加利福尼亚州民主党参议员亚当·希夫已致信代理司法部长托德·布兰奇，要求对雅培案被终止的原因展开调查。
“如果起诉涉及早产儿受伤或死亡风险的案件不是优先执法事项，我很想知道司法部到底认为哪些事项值得追究，”希夫写道。
一名司法部高级官员告诉CBS，司法部认为民事虚假索赔法案的和解是实现“问责、威慑和保护公众”的“最佳机制”。
该官员补充称，与雅培达成的原则性和解协议包含“数额可观的”罚款，并表示雅培计划在俄亥俄州新建一座价值10亿美元工厂的计划，并未影响其终止刑事调查的决定。
雅培的一名发言人在声明中告诉CBS新闻：“从未有未开封、已分销的雅培婴儿配方奶粉检测出阪崎克罗诺杆菌阳性”，并表示美国食品药品监督管理局也在2022年3月单独证实，“2022年召回事件发生时，被调查婴儿家中的未开封产品克罗诺杆菌检测呈阴性”。
从企业起诉转向其他方向
司法部对企业不法者的《食品、药品和化妆品法》刑事执法退缩，是其整体缩减企业起诉趋势的一部分。
例如，去年以来，多起针对企业贿赂行为的《反海外腐败法》案件应特朗普总统的要求被终止，检察官也被指示更审慎地判断企业不当行为“是否值得提起联邦刑事诉讼”，根据去年发布的一份备忘录。
今年早些时候，司法部还推出了一项适用于一系列刑事案件的新企业执法政策，允许企业通过采取特定措施避免被起诉，例如主动向司法部披露不当行为并配合调查。
杜瓦在向CBS新闻提供的一份声明中表示，新的企业执法政策“为企业提供了清晰、透明和可预测的标准，明确如何以及何时向司法部披露不当行为”。
“那些主动自我披露不当行为、全力配合执法并整改的企业，有机会获得不起诉决定，而那些不这么做的企业将面临更严厉的处罚。司法部今年解决的所有企业案件都是公开进行的，均基于事实、证据和法律——而非对任何特定结果的偏好，”他补充道。
然而，与其他类型的企业起诉相比，《食品、药品和化妆品法》在特朗普政府治下的司法部可能尤其脆弱。
与大多数刑法不同，该法包含严格责任条款，允许检察官在无需证明企业或个人故意违法的情况下，以轻罪罪名起诉他们。
现任和前任检察官表示，该法的严格责任条款长期以来一直存在争议，它们主要被用作谈判更严重刑事犯罪的杠杆，而非针对企业不法行为者的起诉工具。
尽管如此，去年白宫发布的一项行政命令不鼓励使用刑事起诉来解决监管问题。该命令明确表示，严格责任犯罪“通常不受欢迎”。
代理司法部长托德·布兰奇的参议院确认听证会定于7月15日举行，预计他将面临民主党议员的提问，这些议员对司法部终止雅培案的决定表示担忧。
与此同时，飞利浦调查的命运仍未可知。
据知情人士透露，东宾夕法尼亚州地区的美国检察官大卫·梅特卡夫私下誓言，即便没有华盛顿方面的支持，也会继续调查。
飞利浦的一名发言人表示，该公司仍在与联邦检察官以及同样正在调查此事的州总检察长合作。
但一名熟悉司法部职业员工想法的消息人士称，他们现在担心这起案件也会被终止，或以宽大方式结案。
Probe of Alibaba unearthed evidence it knowingly let dangerous drugs be sold to U.S. consumers — but DOJ did not prosecute
2026-07-09T16:46:26-0400 / https://www.cbsnews.com/news/alibaba-probe-dangerous-drugs-sold-to-u-s-consumers-doj-no-prosecution/
For eight years, Chinese online retailer Alibaba and its U.S. payment processing company failed to prevent dangerous drugs, chemicals and pill presses from being sold to American customers — even after employees warned of compliance problems, public records show.
Prosecutors at the Justice Department believed they had enough evidence to prove that the companies had committed felony violations of the Food, Drug and Cosmetic Act, multiple sources with knowledge of the matter told CBS News.
That law, first enacted in 1938, prohibits the sale, distribution or manufacturing of counterfeit, adulterated or misbranded drugs and medical devices, as well as food, supplements and cosmetics.
The case, which started during President Trump’s first administration, took several years and involved investigators from multiple agencies. The evidence only became stronger during the Biden administration, after a senior official in then-Deputy Attorney General Lisa Monaco’s office urged staff to keep digging, rather than settle it for less, several people familiar with the details of the case told CBS News.
As the case moved toward a resolution in recent months, career prosecutors urged Justice Department leadership to enter into a deferred prosecution agreement with Alibaba and AUS Merchant Services Inc., in which they would admit to the felony offenses, one of the sources said.
Instead, the case was recently resolved for $600 million in penalties and forfeitures and a non-prosecution agreement in which the company only admitted to committing lesser misdemeanor violations.
While the Justice Department hailed it as a victory, one of the people familiar with the strength of the evidence called the resolution “beyond disappointing.”
“There was egregious conduct by a Chinese-owned company. An NPA is not even a slap on the wrist,” the person added, speaking anonymously in order to discuss non-public discussions about the case.
Lawyers for Alibaba and AUS Merchant Services did not respond to requests for comment.
The decision to seek a lighter settlement with Alibaba marks the latest in a string of corporate cases involving public health and safety under the federal Food, Drug and Cosmetic Act that have been softened, dismissed or lost support from senior Justice Department leaders in recent months, according to multiple sources familiar with the matter.
In those cases, Justice Department leadership dropped its support or closed criminal investigations even when investigators believed there was evidence that consumers faced significant risk of harm from defective or adulterated products, multiple sources told CBS News.
“President Trump always talks of being tough on crime, but his administration guts enforcement for corporate law-breakers,” said Lisa Gilbert, the co-president of Public Citizen, a nonprofit consumer advocacy group.
“In this context, where Americans’ health and safety and well-being is on the line, it has real-life ramifications to withhold accountability for corporate wrongdoing.”
The Justice Department, in response to questions from CBS News, disputed the notion that it is going soft on criminal corporate prosecutions against companies over health and safety violations.
“Ensuring the safety of our nation’s food supply is a top priority for the Trump administration. However, this Department of Justice does not believe in regulation by prosecution,” a department spokesperson said.
“When righting wrongs, both civil and criminal options are on the table, and our prosecutors will always work within the bounds of our enforcement priorities to hold bad actors accountable to the fullest extent possible,” the spokesperson added.
Investigating defective CPAP machines and contamination at baby formula plant
Since 2022, federal prosecutors in Philadelphia and Washington, D.C., have been jointly investigating a unit of Philips, after it was forced to recall millions of CPAP, BiPAP, and mechanical ventilators over a sound-reducing foam inside the machines that can degrade, which meant people using the devices could inhale cancer-causing chemicals, according to corporate filings and sources familiar with the matter.
The case garnered widespread attention, impacting some 15 million devices.
The company has already agreed to pay out more than $1 billion to settle numerous personal injury claims, and in 2024, the Justice Department secured a civil consent decree which required Philips Respironics to hire outside experts to inspect its facilities, correct any deficiencies and ensure that problems with the breathing machines were remediated.
Earlier this spring, federal prosecutors in the Eastern District of Pennsylvania learned that their consumer protection counterparts in the Justice Department’s Criminal Division were no longer permitted to jointly work on the Philips case with them, sources with direct knowledge told CBS News.
The decision by DOJ officials in Washington to drop the department’s support for the Philips investigation was triggered by a broader order directing consumer protection prosecutors in Washington, D.C., to pull back on Food, Drug and Cosmetic Act investigations for all but the most serious cases, the sources added.
A company spokesperson told CBS News that five independent laboratories have since confirmed that the use of its sleep therapy devices is not likely to result in appreciable harm for patients.
Another case in the Philadelphia-based U.S. attorney’s office that is no longer being supported by senior Justice Department leadership relates to the unlawful importation of adulterated vape products by wholesale companies, the sources added.
The prosecutors in Washington, D.C., who have traditionally worked on criminal Food, Drug and Cosmetic Act cases previously served in the Consumer Protection Branch — a unit that handled both criminal and civil enforcement of U.S. food and drug safety laws and often partnered with U.S. attorneys’ offices throughout the country.
Last year, as part of a sweeping reorganization, the unit was disbanded, with its attorneys who handled civil cases remaining in the Civil Division and its prosecutors shuffled to a new office in the Criminal Division called the Health and Safety Unit.
In a recent meeting with those health and safety prosecutors, Tysen Duva, the assistant attorney general of the Criminal Division, imposed a new litmus test, telling them they should only bring cases that would stir outrage in their neighbors and that could be quickly explained in two minutes, sources familiar with the meeting told CBS News.
But even that litmus test apparently does not apply in every case.
Earlier this year, the Justice Department ordered prosecutors in Washington and Michigan to shut down a long-running criminal investigation into Abbott Laboratories over Cronobacter bacterial contamination at one of its plants in Michigan that manufactures powdered baby formula, several sources familiar with the matter said.
The incident garnered attention in 2022 when Abbott Laboratories recalled several of its popular powdered formula brands, including Similac, after consumers complained about infant illness related to products from Abbott Nutrition, in Sturgis, Michigan. The FDA in March of that year said five infants had to be hospitalized due to reported bacterial infections which it said “may have contributed to death in two patients.”
A company spokesman said that no link between its manufacturing plant and the clinical cases that sparked the recall was ever found.
The closure of the criminal case, which was first reported by the Wall Street Journal, came about even after Duva and other leaders of the Criminal Division expressed support for keeping the case alive, those sources familiar with the matter told CBS News. The Criminal Division was overruled.
Bloomberg Government previously reported on the disagreement between Duva and other senior DOJ leaders, saying the case has since raised wider concerns about scaling back on corporate prosecutions involving public health and safety.
A May 12 court entry for a parallel civil False Claims Act case involving the formula incident shows the Justice Department has reached a settlement with Abbott, but details have not yet been revealed.
In a February court filing in the case, DOJ lawyers accused the company of lying to federal and state regulatory agencies about its compliance with the law.
Democratic Senator Adam Schiff of California, in a letter to Acting Attorney General Todd Blanche,is launching an inquiry into why the Abbott case was shuttered.
“If prosecuting cases involving the risk of injuries or death to premature infants are not a priority enforcement matter, I have questions about what priorities the DOJ considers worthy of pursuing,” Schiff wrote.
A senior DOJ official told CBS that the department felt that a civil False Claims Act resolution was “the best mechanism to achieve accountability, deterrence and protection of the public” in the matter.
The official added that the agreement reached in principle with Abbott includes a “significant” monetary penalty, and said that Abbott’s potential plans to build a new $1 billion facility in Ohio played no role in its decision to drop the criminal investigation.
In a statement, a spokesperson for Abbott told CBS News that “no unopened, distributed Abbott infant formulas have ever tested positive for Cronobacter sakazakii” and said the Food and Drug Administration also separately confirmed in March 2022 that “the unopened product from homes of the infants under investigation at the time of the 2022 recall tested negative for Cronobacter.”
Shifting away from corporate prosecutions
The retreat on criminal enforcement of the Food, Drug and Cosmetic Act by corporate bad actors represents part of a broader trend by the Justice Department to scale back on corporate prosecutions in general.
Since last year, many Foreign Corrupt Practices Act cases targeting companies for bribery, for instance, were shuttered at President Trump’s request, and prosecutors were also instructed to be more discerning about whether corporate misconduct “warrants federal criminal prosecution,” according to a memo issued last year.
Earlier this year, the DOJ also rolled out a new corporate enforcement policy for an array of criminal cases that allow companies to avoid being prosecuted if they take certain steps, such as voluntarily disclosing misconduct to the department and cooperating with investigators.
Duva, in a statement provided to CBS News, said the new corporate enforcement policy “gives companies clear, transparent, and predictable standards concerning how and when to disclose wrongdoing to the Department.”
“Companies that voluntarily self-disclose misconduct, fully cooperate with law enforcement, and remediate have a path to a declination, while those that don’t face more punitive resolutions. All corporate cases that the Department resolved this year were done so in a public fashion and were driven by the facts, the evidence, and the law — not a preference for any particular outcome,” he added.
However, the Food, Drug and Cosmetic Act may be uniquely vulnerable in the Trump Justice Department, compared to other types of corporate prosecutions.
Unlike most criminal laws, it contains a strict liability provision that allows prosecutors to charge corporations or individuals with misdemeanor violations without having to show they intentionally broke the law.
The strict liability provisions of the law have long been controversial, and they are primarily used as a lever in negotiations involving more serious criminal misconduct, rather than as a charging tool against corporate bad actors, current and former prosecutors say.
Still, last year the White House issued an executive order discouraging the use of criminal prosecutions to address regulatory concerns. The order explicitly stated that strict liability offenses are “generally disfavored.”
Acting Attorney General Todd Blanche, who is scheduled to appear for his Senate confirmation hearing on July 15 for his nomination to serve as attorney general permanently, is expected to field some questions from Democrats who are concerned about the Justice Department’s decision to shutter the Abbott case.
It remains to be seen, meanwhile, what the fate of the Philips investigation will be.
David Metcalf, the U.S. Attorney for the Eastern District of Pennsylvania, privately vowed to keep the probe alive despite the lack of support from Washington, according to sources with knowledge of the matter.
The company, for its part, has continued to engage with federal prosecutors on the case, as well as state attorneys general who are also investigating, according to a Philips spokesman.
But career DOJ staff members now fear that this case too will be closed, or settled in a lenient fashion, one source familiar with their thinking said.