A California-based company and three of its employees were sentenced last week for their roles in selling misbranded N95 masks to a hospital during the early months of the COVID-19 pandemic. The sentencing took place in Boston, where Advoque Safeguard LLC received one year of probation and was ordered to pay a $700,000 fine. Jason Azevedo, 34, from Cedar Creek, Texas, and Andrew Stack, 53, from Santa Cruz, California, were each sentenced to one year of probation and fined $100,000. Paul Shrater, 52, from Simi Valley, California, was given six months’ probation and a $100,000 fine.
In October 2024, Advoque Safeguard pleaded guilty to conspiracy to introduce misbranded devices into interstate commerce with intent to defraud or mislead. The three individuals also pleaded guilty to introducing misbranded devices into interstate commerce.
Another company involved in the scheme was JDM Supply LLC (JDM). Along with two individuals—Daniel Motha and Jeffrey Motha—JDM pleaded guilty earlier this year and received sentences of one year probation and $9,500 fines each. Jason Colantuoni also pleaded guilty to conspiracy to commit price gouging; he was sentenced in July 2025 to time served and fined $3,000.
The case stems from events in spring 2020 when both companies conspired to ship facemasks falsely labeled as National Institute of Occupational Safety and Health (NIOSH)-approved N95 respirators. A hospital purchased hundreds of thousands of these masks believing they met NIOSH standards. However, the hospital did not use the masks after discovering their lack of approval; the masks were eventually returned.
Testing by a NIOSH laboratory in August 2020 revealed that all ten sampled ASG masks filtered between 83.94% and 93.24%—below the required minimum filtration efficiency for N95 respirators.
United States Attorney Leah B. Foley stated: “United States Attorney Leah B. Foley; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; Ted E. Docks, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today.” Assistant U.S. Attorney Mackenzie Queenin prosecuted the case.
