New York man charged with price gouging in first-ever Defense Production Act prosecution

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New York man charged with price gouging in first-ever Defense Production Act prosecution
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Federal agents discovered stocks of over 100,000 face masks and nearly 900,000 disposable gloves after searching the defendant's warehouse and retail outlets.

If convicted on the charges, Singh faces a potential $10,000 fine and up to one year in federal prison.that allows the government to control the distribution, production and usage of materials designated as scare during times of emergency.

According to an affidavit submitted by Joseph Marcus, an investigator with the United States Postal Inspection Service, over a two-week period beginning in late March, Singh's businesses ordered 1.6 tons of face masks, 2.2 tons of surgical gowns, 1.8 tons of hand sanitizer, and over 250 pounds' worth of thermometers. The government believes that these purchases were excessive in relation to a"sneaker and apparel business.

But prosecutors are also arguing that Singh sold these items at exorbitant rates. For example, they claim he resold 7-cent face masks for $1.00 each, a markup of around 1,328 percent. The hand sanitizer, they allege, was sold at a nearly 200 percent markup. According to him, the government has been unwilling to meet with Singh, who Gerstman says can provide evidence of input costs much higher than what the government has proffered, effacing allegations of price gouging. When queried, Gerstman said he could not provide an estimate of Singh's actual input costs, but he believed them to be"within reason" given that costs for emergency supplies"are going through the roof.

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