Woman pleads Guilty to COVID-19 Offense

Rong Sun, who sold an unregistered pesticide as protection against viruses such as COVID-19, has pleaded guilty to violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  “We will act quickly and decisively to protect the health of our community,” said U.S. Attorney Byung J. “BJay” Pak.  “As Georgia and the country battle a global pandemic, we need safe and effective treatments, not ones that threaten the health of our citizens.”  According to U.S. Attorney Pak, the charges and other information presented in court: The defendant sold an unregistered pesticide, Toamit Virus Shut Out, through eBay, claiming that it would help protect individuals from viruses.  The pesticide was marketed as “Virus Shut Out” and “Stop The Virus.”  The eBay listing depicted the removal of viruses by wearing the “Virus Shut Out” and “Stop The Virus” product.  Additionally, the listing stated that “its main ingredient is ClO2, which is a new generation of widely effective and powerful fungicide recognized internationally at present.  Bacteria and viruses can be lifted up within 1 meter of the wearer’s body, just like a portable air cleaner with its own protective cover.”  It also stated that “In extraordinary times, access to public places and confined spaces will be protected by one more layer and have one more layer of safety protection effect, thus reducing the risks and probability of infection and transmission.”  The listing further claimed that Toamit is “Office and home essentials during viral infections reduce transmission risk by 90%.”  Under FIFRA, the EPA regulates the production, sale, distribution and use of pesticides in the United States.  A pesticide is any substance intended for preventing, destroying, repelling, or mitigating any pest.  The term “pest” includes viruses.  Pesticides are required to be registered with the EPA. Toamit Virus Shut Out was not registered and it is illegal to distribute or sell unregistered pesticides.  Sun imported the pesticide from Japan and later sold it to individuals around the United States.  The EPA has taken steps to block the importation and sale of Toamit Virus Shut Out in the United States.  The charges carry penalties of up to one year in prison and a $100,000 fine.  In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.  Sentencing for Rong Sun, a/k/a Vicky Sun, 34, of Fayetteville, Georgia, is set for June 29, 2020, at 10am, before U.S. Magistrate Judge John K. Larkins III.  This case is being investigated by the Environmental Protection Agency-Criminal Investigation Division, Homeland Security Investigations, and U.S. Postal Inspection Service.  Assistant U.S. Attorney Christopher J. Huber, Deputy Chief Complex Frauds, and Senior Counsel Krishna Dighe of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division are prosecuting the case.  This case is part of Georgia’s Coronavirus (COVID-19) Fraud Task Force, aimed at better protecting the citizens of Georgia from criminal fraud arising from the pandemic. Formed by Georgia’s leading state and federal prosecutors, the task force serves to open channels of communication between partner agencies and more rapidly share information about COVID-19 fraud, while ensuring each fraud complaint is reported to the appropriate prosecuting agency. The task force member agencies include the Office of the Governor of Georgia, the Office of the Attorney General of Georgia, the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Middle District of Georgia and the U.S. Attorney’s Office for the Southern District of Georgia. Georgia’s three U.S. Attorneys, the Attorney General of Georgia, and the Executive Counsel for the Governor’s Office serve on the task force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at www.justice.gov/DisasterComplaintForm.