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United States v. Kern

United States District Court, D. Nevada

April 18, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KERN, et al., Defendants.

          CHAD 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 Attorney Attorneys for the United States

          STIPULATED CONSENT DECREE AND FINAL JUDGMENT, [ECF NO. 31]

          Jennifer A. Dorsey, Judge

         Plaintiff, 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.; Sea 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 (1) the Plaintiff could likely succeed in proving 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.

         Plaintiff and defendant Epifanio Castro, New Generation Graphics, Inc., and Golden Products Service, 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:

         FINDINGS

         1. This Court has jurisdiction over this matter and the parties.

         2. The Complaint charges 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.

         3. 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.

         DEFINITIONS

         1. "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; 2. "Covered Materials'* refers to any materials that contain advertisements, solicitations, promotions, and/or any other materials:

a. that represent, directly or indirectly, expressly or impliedly that the recipient has won, will win, or will receive cash, awards, or prizes;
b. that represent, directly or indirectly, expressly or impliedly that the recipient will receive delivery of cash, awards, or other prizes in return for payment of a fee;
c. that offer for sale information regarding sweepstakes or lotteries;
d. that represent, directly or indirectly, expressly or impliedly, that the recipient of the solicitation was specifically selected to receive the mailing based on a reason other than the fact that the recipient's name appears on a mailing ...

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