Brothers sentenced for misbranding and price gouging N95 masks during COVID-19 pandemic

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Leah B. Foley United States Attorney for the District of Massachusetts | U.S. Attorney for the District of Massachusetts

Brothers sentenced for misbranding and price gouging N95 masks during COVID-19 pandemic

Two brothers, Daniel and Jeffrey Motha, have been sentenced in Boston federal court for misbranding and price gouging related to N95 masks in the early months of the COVID-19 pandemic. Daniel Motha, 40, from Miami, Florida, and Jeffrey Motha, 36, from Norfolk, Massachusetts, co-owned the Florida-based company JDM Supply LLC, now defunct. Both received a sentence of one year of probation and a $9,500 fine by U.S. District Court Judge Myong J. Joun.

In October 2025, both defendants pled guilty to introducing misbranded devices into interstate commerce and conspiracy to commit price gouging under the Defense Production Act. They, along with JDM, were charged in October 2024. A third individual, Jason Colantuoni from Norfolk, Massachusetts, also pled guilty in August 2023 to conspiracy to commit price gouging as part of the investigation and is set for sentencing on June 23, 2025.

JDM, where Daniel Motha served as CEO and Jeffrey Motha as head of sales, conspired with Advoque Safeguard LLC, a PPE manufacturer, to distribute masks misbranded as NIOSH-approved N95 respirators. They misled a hospital into purchasing approximately 850,000 masks, paying about $2.6 million, believing they were NIOSH-approved. The masks were tested by a NIOSH lab and found to filter below the required 95% efficiency for N95 masks, leading to their return to Advoque.

Daniel and Jeffrey Motha exploited the demand for N95 masks, selling them at marked-up prices. The announcement was made by U.S. Attorney Leah B. Foley, with several law enforcement officials involved in the case, including the U.S. Postal Inspection Service and the FDA’s Office of Criminal Investigations, among others. Assistant U.S. Attorney Howard Locker prosecuted the case.

The COVID-19 Fraud Enforcement Task Force, set up by the Attorney General in May 2021, aims to enhance the investigation and prevention of pandemic-related fraud. More information on the department's efforts can be found on the U.S. Department of Justice’s website. Any fraud allegations related to COVID-19 can be reported through the National Center for Disaster Fraud.