Importer convicted of attempted bribery - Bernard Kwang Myung - Investigators' Reports

FDA Consumer, Sept, 1996 by Herman Janiger

The attempted bribery of an FDA official resulted in the arrest and conviction of a New York seafood importer.

Bernard Kwang Myung of Coimex Seafood, a Brooklyn. N.Y., seafood importing company, was fined $5,000 and sentenced to 18 months' probation April 12 for offering a gratuity to a compliance officer in FDA's New York district office. Offering a gratuity to a government official is illegal. The attempted bribery revolved around imported contaminated imitation scallops.

FDA's Northeast Regional Laboratory analyzed a shipment of the importer's frozen imitation scallops (surimi) in July 1993, and found the product contaminated with Listeria monocytogenes. This bacteria can cause serious illness, particularly in pregnant women and their fetuses. Cooking food kills Listeria. However, these imitation scallops were a cooked processed product. Cooked processed products are often served without any further cooking-in salad bars, for instance.

FDA initially detained the product on July 15, 1993, and determined that all the firm's subsequent shipments would be automatically detained at the port of entry. After Myung agreed to relabel the product with a statement that included a warning about the need to cook the food and cooking instructions, FDA allowed the scallops to enter the U.S. market.

However, with the arrival of shipments in January and May 1994, it became clear to FDA that the company was routinely labeling the product with the warning statement rather than trying to eliminate the bacteria. FDA concluded that it would be more appropriate for the foreign processor to manufacture a safe and wholesome product, without the need for a warning about cooking the imitation scallops. So FDA denied the importer's petition to relabel the product.

On Aug. 9 1994 Myung visited FDA's New York district office and met with compliance officer James Nelson to discuss how to deal with detained shipments. During this meeting, Myung placed a white envelope on Nelson's lap. Nelson realized right away that there was money in this envelope and that Myung was attempting to bribe him. Nelson refused the money, returning the envelope to Myung. Myung then told Nelson that at least he should be allowed to take Nelson and his wife to dinner. Nelson continued to protest and shook Myung's hand, indicating the end of the meeting.

Nelson immediately reported the incident to his supervisor at the time, Regina Feuchtbaum, former director of the district's import operations branch, who, following FDA procedure, contacted the Department of Health and Human Services' Office of Inspector General (OIG). OIG advised Nelson to call Myung back for a meeting the next afternoon to discuss the matter further. This meeting took place with Nelson wired so that the conversation could be monitored and recorded. Myung once again offered money to Nelson; this time, three $100 bills. OIG special agents, listening in from another room, arrested Myung on the spot.

Myung pleaded guilty in the U.S. District Court for the Eastern District of New York to presenting an illegal gratuity. U.S. District Judge Raymond J. Dearie, who sentenced Myung, commended Nelson for his actions. Nelson received the Inspector General's Integrity Award in December 1994.