In our final Success by Well being replace we famous the court docket had given
Success by Well being till Might twenty first to ‘file a movement to dissolve or modify the Preliminary Injunction and receivership’.
To that finish Success by Well being filed a memorandum detailing what they believed the current AMG choice had on the FTC’s case.
Three days earlier than that was filed nevertheless, the FTC filed a movement requesting a brand new preliminary injunction be granted.
Of their movement the FTC places forth that the earlier preliminary injunction was granted as a result of the court docket discovered
(1) “compelling proof that Defendants are working a pyramid scheme and that they’ve in any other case engaged in misleading practices”;
(2) that “the general public equities, mixed with the FTC’s chance of success, outweigh Defendants’ curiosity in persevering with their enterprise as-is”;
(3) that “if Defendants got entry to the financial institution accounts and firm, belongings could be depleted”; and
(4) that it will be “folly” to reinsert Jay Noland into administration given “that [he] probably violated” the 2002 Everlasting Injunction towards him.
Since then, Defendants have violated the Court docket’s Preliminary Injunction, hid then destroyed proof, fabricated proof, and used deceptive and false statements to lift cash for his or her protection and Jay Noland’s $5,000-per-month luxurious rental house.
Unable to protect the granted preliminary injunction below part 13(b) of the FTC Act, the FTC is searching for the identical injunction
below Part 19 of the FTC Act and within the Contempt Matter. Moreover, the receivership is critical to stop additional hurt to shoppers—particularly in mild of Defendants’ misconduct since entry of the Preliminary Injunction.
The FTC due to this fact respectfully requests entry of a brand new preliminary injunction coming into a brand new asset freeze and receivership.
The procedural historical past of this litigation offers no foundation to disclaim this Movement.
If granted, the brand new preliminary injunction would protect the established order the primary granted preliminary injunction set.
On Might twenty fifth the Success By Well being defendants requested an extension of time to answer the FTC’s movement.
The court docket has given them till June eleventh. The FTC has then been given until June twenty second to answer.
I’ve scheduled our subsequent Success by Well being case docket verify for June twenty third.