A California company, and three individuals who owned and managed the company, were sentenced last week in connection with the shipment of facemasks that were misbranded as N95 respirators during the earliest phase of the COVID-19 pandemic in the United States. Advoque Safeguard LLC was sentenced to one year of probation. The company was also ordered to pay a fine of $700,000. Jason Azevedo, 34, of Cedar Creek, Texas and Andrew Stack, 53, of Santa Cruz, Calif. were each sentenced to one year of probation and ordered to pay a fine of $100,000. Paul Shrater, 52, of Simi Valley, Calif. was sentenced to six months’ probation and ordered to pay a fine of $100,000. A second company, JDM Supply LLC (JDM), and two individuals, Daniel Motha and Jeffrey Motha, also pleaded guilty and were sentenced in April 2025 to one year of probation. Each were also ordered to pay a $9,500 fine. Jason Colantuoni also pleaded guilty to conspiracy to commit price gouging and in July 2025 was sentenced to time-served and a fine of $3,000.
In the spring of 2020, during the earliest phase of the COVID-19 pandemic in the United States, ASG and JDM conspired to ship facemasks that were misbranded as National Institute of Occupational Safety and Health (NIOSH)-approved, N95 respirators. One hospital accepted and paid for hundreds of thousands of purported N95 masks that were manufactured by ASG and sold to the hospital by JDM. The hospital did not use the masks, which were eventually returned to ASG. ASG and JDM misled the hospital into believing that the ASG masks were NIOSH-approved N95s, when in fact they were not. In August 2020, a NIOSH lab tested a sample of the ASG masks that had been shipped to the hospital and all 10 ASG masks tested between 83.94% and 93.24% filtration efficiency and thus fell under the 95% minimum level of filtration efficiency required for N95 respirators.