The Office of the United States Attorney for the District of
Vermont stated that Bernard Coleman, 50, of West Warwick,
Rhode Island, was sentenced on June 12, 2012, to serve two
years probation following his guilty plea to a one-count
indictment charging him with introducing adulterated food
into interstate commerce with the intent to defraud or
mislead, in violation of 21 U.S.C. § 331(a). Coleman was also
ordered to pay restitution to two victims of his offense
conduct in the amount of $240.00. Chief United States
District Judge Christina Reiss also ordered Coleman to pay a
$100 special assessment
According to court proceedings, in 2009, a Vermont resident
purchased what was advertised to be pure Vermont maple syrup
through an on-line auction. The resident communicated via
email with the seller, later identified to be the defendant,
Bernard Coleman, and arranged to meet the defendant in
Brattleboro, Vermont, to collect the product. The resident
paid $220.50 for the product when he picked it up.
The resident gave some of the purported syrup to his wife,
who happens to make specialty items out of maple syrup. She
determined based on the look, smell, and taste of the product
that it was not real maple syrup. The couple brought the
product to the Vermont Department of Agriculture Consumer
Protection. The product was tested by a laboratory, and it
was determined to be made from cane sugar.
The Food and Drug Administration, Office of Criminal
Investigations, and the U.S. Department of Agriculture,
Office of Inspector General, were brought in to investigate.
Agents found an advertisement on ecrater.com for the sale of
"Vermont maple syrup," and began negotiating with the seller,
later identified to be the defendant. Ultimately, a shipment
of purported maple syrup was sent by the defendant to
undercover agents at a post office box in Burlington,
Vermont. This shipment also tested as being made from cane
sugar. The agents purchased purported maple syrup from the
defendant using an undercover on two additional occasions.
Through investigation, the agents discovered that the
defendant had been buying four gallon-quantities of maple
flavoring from a supply store in Rhode Island since
approximately 2009. The defendant purchased the maple
flavoring approximately 10 times.
On May 17, 2011, the agents interviewed the defendant. During
this interview, he admitted that while he initially sold pure
maple syrup over the Internet, when the price of maple syrup
increased, he decided to make his own out of water, sugar,
and maple flavoring. He admitted that he made the purported
maple syrup in his Rhode Island home, and that he had been
selling fake maple syrup since approximately 2009.
In imposing the sentence, Chief Judge Reiss observed that
Coleman "capitalized on the market appeal of Vermont maple
syrup" in perpetrating his "scam."
United States Attorney Coffin commended the efforts of the
FDA, Office of Criminal Investigations, and the U.S.
Department of Agriculture, Office of Inspector General, in
conducting the investigation of Coleman.
The prosecution of Coleman was handled by Assistant U.S.
Attorney Barbara Masterson. Coleman was represented by David
McColgin of the Federal Defender's Office.