Success By Health

Last November the Success by Health defendants appealed to the Ninth Circuit, seeking to overturn the granted preliminary injunction. On July 26th the Ninth Circuit submitted its decision, affirming the District Court’s decision to deny the motion to dissolve the preliminary injunction. The Ninth Circuit’s decision was filed on the FTC v. Success by Health […]

The FTC has been granted a motion requesting spoilation sanctions against Success by Health defendants Jay Noland, Lina Noland, Thomas Sacca and Scott Harris. In May 2019 a bank subpoena was inadvertently passed on to Success by Health. That lead to owner Jay Noland becoming aware of an FTC investigation into the company. When the

The FTC has been granted summary judgment as to liability against the Success by Health defendants. The FTC filed for liability summary judgment back in March. Citing numerous instances of alleged fraud, the FTC sought liability judgment pertaining to, among other things, Success by Health and the subsequently launched VOZ Travel were pyramid schemes. As

Earlier today we covered the appointment of a replacement Success by Health Receiver. A paragraph in Judge Lanza’s order caught my attention. The Receiver’s most recent report, issued earlier today, accuses the Individual Defendants of violating the terms of the preliminary injunction (by failing to provide a detailed description of the intended activities of their

Due to new employment that will leave her unable to continue, Kimberly Friday informed the court she’d be resigning as Receiver of Success by Health on August 12th. As part of that resignation process, Friday recommended Peter Davis be appointed her successor. Davis has worked as a forensic accountant for the Success by Health Receivership.

Success by Health affiliates are harassing the Judge hearing the FTC’s case against the company. Judge Lanza has labeled comments directed at him and his family as “highly inappropriate and disturbing”. Earlier this year a group of just over 700 affiliates sought to intervene in the FTC’s case. The motion was denied, on the grounds

Following a directive last month in their NetForce case, the FTC has filed a motion seeking a contempt judgment and compensatory civil contempt sanctions. The FTC first sought NetForce contempt sanctions against Jay Noland mid last year. The court declined to initiate contempt proceedings at the time, pending resolution of the FTC’s Success by Health

The Success By Health asset-freeze appears to be hanging by a thread. For now at least, a decision has been made to maintain the asset freeze and appointed Success by Health Receivership. The Success by Health defendants had hoped to have the asset freeze lifted following the Supreme Court’s AMG decision back in April. The

In our last Success by Health update we noted the court had given Success by Health until May 21st to ‘file a motion to dissolve or modify the Preliminary Injunction and receivership’. To that end Success by Health filed a memorandum detailing what they believed the recent AMG decision had on the FTC’s case. Three days

The recent AMG Supreme Court decision has created a headache for the FTC. Following the decision, Success by Health now seek to dissolve the granted preliminary injunction. SBH also wants the Receivership to return any funds obtained as fees paid by the company. In a memorandum filed on April 29th, SBH argues the receivership and