United States District Court, D. Nevada
A. READLER Acting Assistant Attorney General ETHAN P. DAVIS
Deputy Assistant Attorney General GUSTAV W. EYLER Acting
Director, Consumer Protection Branch JILL P. FURMAN Deputy
Director JACQUELINE BLAESI-FREED Trial Attorney Consumer
Protection Branch U.S. Department of Justice DAYLE ELIESON
United States Attorney TROY K. FLAKE Assistant United States
AttorneyAttorneys for the United States
ELIESON United States Attorney
K. FLAKE Assistant United States Attorney
A. READLER Acting Assistant Attorney General Civil Division
P. DAVIS Deputy Assistant Attorney General
W. EYLER Acting Director Consumer Protection Branch
P. FURMAN Deputy Director JACQUELINE BLAESI-FREED Trial
DEL RJO, individually and as an officer of NSD Products,
Inc., also doing business as NSD Printing BRIAN J. SMITH Law
Offices of Brian J. Smith, Ltd. Las Vegas, Nevada Attorneys
for Edgar Del Rio and NSD Products Inc.
STIPULATED CONSENT DECREE AND FINAL JUDGMENT [ECF NO.
Jennifer A. Dorsey, Judge
the United States of America, brought this action against
Patricia Kern; Advanced Allocation System, Inc.; Distribution
Reporting Center, Inc.; Global Data Funding, Inc.; Marketing
Image Direct, Inc.; Montgomery Marketing, Inc. LLC; North
American Disbursement Agency, Inc.; Pacific Allocation
Systems, Inc.; Special Money Managers, Inc.; Al American
Awards, Inc.; Golden Products Service, Inc.; Edgar Del Rio;
NSD Products, Inc.; Sear O'Connor; Epifanio Castro; New
Generation Graphics, Inc.; Andrea Burrow; Stephen Fennell;
and Neptune Data Services, Inc., by filing a complaint
pursuant to the Fraud Injunction Statute, 18 U.S.C. §
1345. This Court granted the United States' ex
parte application for a temporary restraining order on
February 20, 2018, finding that (1) the United States could
likely succeed in defendants are violating or are about to
violate 18 U.S.C. §§ 1341 and 1349 by executing a
scheme or artifice to defraud, or for obtaining money or
property by means of false or fraudulent representations with
the intent to defraud using the U.S. Mail; (2) the equities
weigh in favor of an injunction; and (3) an injunction is in
the public's interest. Finding good cause to do so, on
March 2, 2018, the Court extended the temporary restraining
order until April 24, 2018.
and defendant Stephen Fennell and Neptune Data Services, Inc.
(hereinafter the "Settling Defendants") stipulate
to entry of this Consent Decree and Final Judgment
("Consent Decree") to resolve all matters in
dispute in this action between them. IT IS HEREBY ADJUDGED,
ORDERED, AND DECREED as follows:
Court has jurisdiction over this matter and the parties.
Complaint charges that defendants violated are violating, or
are about to violate 18 U.S.C. §§ 1341 and 1349 by
executing schemes and artifices to defraud or for obtaining
money or property my means of false or fraudulent
representations with the intent to defraud, and, in so doing,
use the United States Mail.
Settling Defendants neither admit nor deny any allegations in
the Complaint, except as specifically stated in this Order.
Only for purposes of this action, Settling Defendants admit
the facts necessary to establish jurisdiction.
"Caging Services" refers to opening mail; entering
or inputting data about such mail into a database or
forwarding such data; handling, forwarding, or depositing
payments received in such mail, including currency, bank
checks, certified checks, money orders, or credit card charge
authorizations; or handling or forwarding any such mail;
"Covered Materials" refers to any materials that
contain advertisements, solicitations, promotions, ...