Final Judgment and Order for Permanent Injunction As to

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					1           oS4l'ViOU2fi5-081)
        ....... . .      .           -.-, -   .      ... . -.
                                                            ,     .            T ~ Honorable Thomas S,Zilly
                                                                                    G
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                                        IJNTlXI3 STATES DISTRICT COURT
7                                      WESTERN DISTHCT OF WASHINGTON




                                                                          -
                                                      AT SEATTLE
 8
                                                                      7

 9     F E D W TRADE COMMISSION,

10 	                                Plaintiff,
                                                                          ewe No,C05-0265 TSZ
11 	                                 Y,

12 	   9125-8954 QUEBEC INC., D.B.A. GLOBAL                               STIPULATED FINAX, JUDGMENT
       MANAGEMENT SOLUTTONS,a Canadian                                    AND ORDER FOR PERMANENI'
13 	   mtporation;                                                        INJUNCTION AS TO QEmNI)ANT
       9125-8947 QUEBEC INC., D.B.A.                                      PHONG ANH V O
       COMMUTEL M m E T I N F , and D.B.A.
       MARKETING USA, a Canadian corporation;
       6050808 CANADA IldC., D.B.A.
       AMERICAN BUSINESS SOLUTIONS, a
       Canadian corporation;
       TY NGUYEN, individually and as a director or
       officerof Global Mamgement Solutions and
       Commute1 Mark&hg/Mmketing USA;
       CORY KORNELSON, individually and as a
       dhctar or oficer of Global Mmggmmt
        Solutions;
        BYRON STEC!ZKO, individuallyand as a
        director or officer of Commutcl
        Marketinmarketing USA;
        PHONG ANH VO,individually and as a
        director or oflticer ofCommute1
        MarketingMarketing USA;
        KELLY N G W N , individually md as a
        director or officer of American Business
        Salutions, and
        MINH TAM VO,iadividmlly and as a director
        or officer of American Business Solutions,

       -	                            Dcfmdants,

27                    Plaintiff Federal Trade Commission ('Commission" or TTC"), pursuant to Section 13(h)
ZS   I ofthe Federal Trade Commission Act CTTC                  Act"), 15 U.S.C. 9 53@).   filed its Complaint for
                                                                                       FEDERAL TRADE COMMISSION
                                                                                          9 15 Second Aw., Su. 2896
                                                                                          Seattle, Washinbon 98174
       ST&. PERMANENT IEIKNCTIQI - I 	                                                          (2061220*6350
         Injunctive and Other Equitable Relief, including consumer redress, allegingthat defendants
         9 125-8954 Quebec Inc., d.b.a+Global Management Solutions; 9125-8947 Quebec h d.b.a.
                                                                                      .,
         Commute1Mdbting and Marketing USA; 6050808 Canada Inc., dtb.a.American Business
         Solutions; Ty Nguyen, aka. Hiep Manfi Nguyen; Cory Kornelsan; Byron St~czko; l l y
                                                                                    a
5
    1I   Nyyen, at+ Phu Minh Huy Nguysn, and Minh Tarn Vo mgaged in deceptive acts and
         practices in connection with telemarketing businms directories and/or listings in business
         directories to US.consumers, i violation of Section S(a) of the FTC Act, 15 U.S.C. # 45(a).
                                       n
         The Comission later filed an Amendcd Complaint adding Phong Anh Vo as a defendant.
                The Commission and defendant Phong Anh Va have consented to the mtry of this


     I
10       Stipulruted Final Judgment and Ordm for Permanent Injunction ("Order'") which resolves all
11       ntatte,~~ claim in dispute between them arising f o the Complaint up t the date of entry of
                and                                       rm                  o
         this Ordcr, on the following t m s and conditions,without a trial or 4udication ofany issue of


                NOW, THEREFORE, the Commission and dekndant Phong Anh Vo having requrntcd
         the Court to enter this Order, it is ORDEREL), ADJt.lDGEb,AND DECREED as follows:
                                                     rnINGS
                A,      This is an action by the C~mmission
                                                          instituted under Section 13(b) ofthe FTC
         Act, 15 U.S.C.5 53Ib). m          t to this section, thc Commission has; the authority to seek the
         relief contained herein.

20   1          B*      The Commission's Complaint statw a claim upon which relief may be granted
         against defmdant under Sections 5(a) and 13(b) of the Fedml T d e Comisaion Act, t 5 U,S.C.
         $$45(a) md 5()
                     3b.
                 C.      This Court has jurisdiction over the subject matter ofthis case and all parties
         herdo. Vanuc in the Western District of Washington at Seattle is proper.
                 D.      T e alleged activities ofdefendant are i o affectiag mmmme, as defined in
                          h                                     n r
         Section 4 of the FTC Act, 15 U.S.C. 9 44.


27
28   I           E.      The parlies shall each bear their o m costs and attorney's fees incurred in this


                                                                                 FEDERAL TRADE COMMISSION
                                                                                    915 Second Ave., Su.28%
                                                                                    Sdaltld, Washing* Y8176
         STW. PERMANENT r N r n r n I O N - 2                                            (206)220-6350
1         action and have waived all claims under the Equal Aocess to Justice Act, 28 U.S.C. 4 2412,
2         amended by Pub.L. 104-121,110 Stat. 847,863-64 (1996), and all rights to seek judicial n vm
                                                                                                  ci
3         or otherwise to challenge the validity of this Ordcr.

4R                F.      This Ordm does not ccm~titute,and shall not be interpreted tct constitute, either m



      I
5 admission by defendant or a finding by the Court that defendant has engaged in any violations of
6         Section S(a) of the M'C Act, 15 U.S.C. $45(a), or any other law or regulation.
                  G.      Entry of this Order is in the pubtic interest.
                                                     DEl?l'NITIONS 

                  Forpurposes of this Order,the following definitionssXlatl appIy: 


lo
11
      #1 parood prop-
                  A.      "Asset" means any legal or equitable interest in, right to, or claim t ,any real and
                                                                                                o
                              including, but mt limitad to, chaUets, gmdr, instruments, aquiprnmt, fixblras,
           g m d intangibles, effects, leaseholds, mail or otber deliveries, invmbry, chech, notes,
           accounts, credits, receivables, funds, monies, and dl cash, wherever located.

"I person.B, purpoaea thisOrder,providing substantial asistanceosupport includes, but is
           For
               ''Assisting" means
                                  providing substantial
                                  of
                                                                     assistance or
                                                                rsupport
                                                                                           to any


           not limited to: (a) preparing, printing o transmitring invoices; (b) recording or verifying sales
                                                    r
17    I    solicitations; (c) pdorming owtomar service functions including. but not limited to, receiving or
      1
18 responding to consumer compltints, obtaining or receiving identifying and finamid idomtion
19
      I h(d)mdevelopin&providing arranging
                        and communicating with
                consutnors,                            consumers on behalf of the seller or t c l d & e r ;



      II
20                                     or           for -thedwefopment or pmvision ofsales scripts or any
21         other marketing material; (e) verifying, processing, filfilling or arranging for the fulfillment of
22         orders; (0 developing, pmviding or a-ging       for the provision of names of potential customers;

      I a)providing or arranging for
23 (g) collecting or amnging far the collection o f accounts receivable or other mounts owed;
24
25
      I mail
      (
                                            the provision of post ofice baxes or the services of mmmmial

                receiving agencia; or (i) performing or providing marketing savices of any kind.

2"1               C.      "Corporatedef&ts"means           9125-8954 Quebec Tnc., d.b.a.Global
27
28    1    Nlanagmmt Sollttions; and 9125-8947 Quebec Inc., d.b.a. Cammutel Marketing and Marketing




           STSP. PERMANENT MSUNCrION 3       -
                b.        'Custorner" or "Consumer"means any person who is or may be required t pay
                                                                                              o
3

4
    I
    1
         for goods or services offered fmsale or sold by the corporate defmd;mts,
                B.        'Defendant" m e w Phong Anh Vo.
                17.       "lhcument" is synonymous in m&g            aad q u a 1 i scope to the usage of the
                                                                                  n
         t m in Federal Rule of Civil Procedure 34(a), and includes writings, drawings, graphs; charts,
7 1 phatogaphe, audio and video                     computer r e d s , and other dua compilations from
                                           rec~rdhgs,

8 1 which in&mation can bc obtained and              translated, if ncccssary, through defection devices into
         reasonably usable form, A draft o non-identical copy is a separate dcicummt within the meaning
                                          r


                G.         'Material"   means likely to affect a person's choice of,or conduct repding,


                H.         'Terson" means m y naturril p m n and m organidion or other legal entity,
                                                                  y
14   1 inaMiqg        a corporation, partnership, sols proprietorship, limited liability company, association,

         cooperative, government agemy, crr any other poup o combination acting as an entity.
                                                            r
16              I.         "Telemarkcthg"means a plan, p m p m or crunpaign which is oonductedto
17   1 induce the purchase of goods or favices ct a charitable cantnbution,by use of one or more
18       telephones and which involvm more than one interslate tclcpbne call.
19                                                       OWEK
20                                      I. PROHIEITED B U S m S S ACTIVITIES

     Y rrfficm,TIS THEREFORE ORDEREDattorneys, and those successorsactive con- and his
              I
                    servants, employees, and
                     agents,
                                             that dcfcndant, his
                                                                 persons i
                                                                         n
                                                                           and assigns,
                                                                                        or
         participation with him who receive actual notice of this Order by personal service or ofhewise,
         whether acting directly or through any person, trust, corporation, subsidiarry,,division, or other
         device, in connection with the advertising,promoting, telmarkcting offering fox sale, selling or
26       distributing of m y good o stmice to U.S. residents, are hmby pexmanmtly restrained and
                                   r
27   '   enjoined from:
28

                                                                                    FEDEXAL TRA DJ5COMMISSION
                                                                                       915 S a n d Am., Sv. 2896
                                                                                       Seattle, Washingan 98174
         STiP. PERMANENT MJUNCXION - 4                                                       (206) 220-635D
    '1               A.      Misrepresenting, expwssly or by implication:
                             1.        That consumers have previously authorized the purchase of a good or
                     semrice;

         I                   2.        That consumers have agreed to purchase a good or service; 


         I                   3.        That ccrnsmers k v e a Hal period duringwhich they can revim a good or 


     I
    El
                     senice without incurring financial obligation; 


    'IA                      4.
                                5.
                                       a   t consumem awe money fbr a good or service;


                                       Any material fact regarding a good or service; and
                             6.        Any material fact regarding the terms,conditions, and limitations of any
                     r e f i d or g u m t e e policy;
                     3.      Failing to discloge i outbound telemarketing calls to consumers, promptly and in
                                                  n
              a clcar and conspicuous manner: (1) the identity of the sellm, (2)that the purpose of the call i to
                                                                                                             s
              sell goads ox services; and (3) the nature of the goods or services;
                     C.                           n
                             Failing to disclose i outbound telernarketin& caUs to mnlrmers, in a clear and
              conspicuous manner, all material t e r n , conditions, and limitations of any r e f 4 or fpamtee
              policy, or any wlicy of non-mfhdability;
                     D.         Violating the Telemarketing Sales Rule, 16 C.F.R. Part 3 10, including any
              amendments thereto; and
                     E,                                       y
                                Assisting others who violate m provision of Section I of this Order.
                          IL PROHIBITED DISCLOSURE OF CUSTOMIER INFORMATION

    21
    22
         11           I I FCIRTHEIR ORDERED that defendmt, his successors and assigns, and his
                       T S
              officers, agents, servants, e~np1oyees. nd attoineys, and those pcmm in active coneat or
                                                    a
    23   1 participation with him who receiveactual notice of       thi8 Order by p   m a l service m otherwise,
    24        whether acting directly or tbugh my person, trust, corporation, subsidiary, division or othw
    25        device, a hereby permanently reshined and enjoined from selling, renting leasing, bransfhhg
                       m

I
    26   1 or ofherwise dirolashg the       namg address, telephone number, Social Security number, credit cud
              number, bmk account number, +mail address or other idantifLinginformation of any p m n who
    28

                                                                                        FEDERAL TRADE COMMISSION
                                                                                           915 Second Ave., Su. 28%
                                                                                           SCYUIG, WbIIRingkm 98174
              STP. PERMANENT INJUNCHON 5         -                                              (206) 22563M
    paid my money to defendant or any corporate defendant at any time prior to entry ofthis Order
    for the corpoate defendants' business directory andfor listing in the business directory,
    Pmvided, howeverathat defendant may disclose such identifying infomation to a law
    edforcemcnt agency or as required by any law, mgulation or court order.
                           1 1 CEA$I[NG COLLECTION ON ACCOUNTS
                            x.
           ZT I FURTHER ORDERED that defendant, his successors and assips, atld his
               S
    officers, agents, servants, empl~yees, nd attorneys, and those persons in active concert or
                                         a
    participationwith him who receive actual notice ofthis Order by personal service o otherwise,
                                                                                      r
    whether actingdirectly or h u g h any pawn, trust, corporation, subsidiary, division or other
    device, are herebypennmmtlym d e d and enjoined fmm cdllectiyg or attempting to collact
    payment for the corporate clefmdants' business directory andor listing in the buiness directory,
    dkA1y or through my third party, on any acmunt establiahd prior t t mc ofthis Otder.
                                                                    c ty

                                    IV. MONETARY rnrnrnNT                 

           S IS FURTHER ORDERED that: 

            T
           A.      Judgment is h e h y entered against defendant h the w u n t of $1,618,268 (US)
    as restitution for consumer injury;provided,h    m r , that this judgment shall be suspended
    subject to the conditions set forth in Section V of this Qrder; and
           B.      All funds paid pursuant b this Ordershall be deposited into a fund administered
    by the Commissionor its agent to be used for equitable relic5 including but not limited to
    consumer redress, and arty attendant expmcs for the a d m i n i d o n of such equitable relief. Zn
    tho event that direot redress to consumers i wholly or p d a l l y impracticable or fiulds remain
                                                s
    alter rsrlress is campletcd, the Commission may apply my remaining funds fbr such other
    equitable relief (including consumer inforyation remedies) as it dot-nm         o
                                                                                    t be reasonably
    related to the deftmdant's pradices alleged i the Complaint. Any finds not used for such
                                                 n
    equitable relief shall be deposit& to thc U.S.Treasury as disgorgancnt, Defmdant shall have no
    right to chatlrmge the Commission's ohoim of rerncdies under this Section. Defexldant &all have
I
    no right to contesit thc manner ofdistribution chosen by the Commission. No poaion of any


                                                                              FEDERAL TRADE CIOMMIsS[OM
                                                                                 915 S c w d Ave.. Su.28%
     .       Case 2:05-cv-00265-TSZ           Document 69        Filed 05/10/2006      Page 7 of 13
              Case 2;05-cv-00265-TSZ          Document 67        Filed 0510912006       Page 7 of 13


1   1 g a p &under the judgment hall be deemed           a payment of any fiw, penalty er punitive

2   1    ir~anrment- efendant agrees that the facfr as alleged in the Complaint filed in ti aotioh shall
                   D                                                                      hs
         be taken as true b r purposes of any subsequent pmceedings to enforce paylnent required by this


                         V. RIGHT TO REOPEN AND TERMJNATE SUSPENSION
                I 15 FURTHER ORDERED that, by agreeing to this Order, d e f i t reaffirms and
                 T
         attests to the truthfulness, iwumcy, and completeness ofthe h    c i a l dikclosure form ("6nancial
         statc%nent7'), x6ctlted O Augugt 26,2005, provided to the Commission. Plaintiff B agreement to
                      e          I




     I
9 this Order is expressly premised upon the wthlirlness, accuracy, and completeness of               .
10       defendant's financial condition as represented in the financial statanent r d i e n d above, which
         contains material infmation upon whioh plaintiff relied i newtiding and alp.wring t the tern
                                                                  n                        o
         ofthis Order. If, q ~ xn~tion the &mmission, fhis Court finds that defendant failed to
                                m    by
13       disclose any materid asset, matdally misrepresented the vdua of any asset,or made my other
14 material mimpmzentaticmin or omission from the financial statement, the Court shall enter
15       judgment against the dekndant, i &vor of the Cammissi~n, n the amount of $1,628,268 (US)
                                         n                      i
         and the entire amount shall become imediately due and payab1e;prow'ded hawever, that, in dl
         other respects, this Order shall remain in full force and effect unless otherwise ordered by the
         Comt; aadprovidedfir~her, proceediags inalituted under this Section are in addition to and
                                 that
         not in lieu of m other civil or n i m i remedies as may be provided by law, including any other
                         y

         proceedings the Commission may initiate to enforce this Order.
                                     VL D1[SSOLUTIONOF ASSET FREEZE
                    S
                IT I FURTHER ORDERED that the h e m against defendant's assets puramt to
         Secthi TT of the Preliminary Injunction entered by this Court on Juiy 26,2005, shall be lifted
         upon entry of this Order.
                             W.COhfPLIANCEREPORTING BY DEFENDANT
                I'r IS FURTHER ORDEUD that, in ordm that compliance with the provisions of this
         Order may be monitored:
28

                                                                                FEDERAI. TRADE COMMISSION
     Case 2:05-cv-00265-
     Case 2;05-cv-0265-       8         B%%fil b WI~l85l68888 P8 8 8113
                                                               a
       A.      Far a period of three (3) years from the date of mtry of this Order, defendant shall
notify the Commission of the fi~llowing;
               1.      Any cbngw in his residence, mailing addresses, and telephone numbers,
       within tm (10) days of the date of such change;
               2.      Any changes in his rrnplolyment status (including self-employment), an?
       m chimge in his ownership in m business entity, within ten (10) days of the date of
        y                            y
       such change. Such notice shall include the name a      d d&ws of each business that he is
       affiliated with, employed by, creates or foms, or performs services far; a statunent of the
       nature ofthe business; and a statement of his duties mi mspolrsibilitieg i connection
                                                                                 n
       with the businesa or employment;
               3.      Any changes in his name o use of any aliases or fictitious names; and
                                                r
               4.      Any obanges in the coqmrate structw ofmy business atity that he
       directly or inindiwtly controls, or bas an ownership interest i ,that may affect compliance
                                                                     n
       obligations arising under this Otder including,but not limited to, a dissolution,
       assigmmt, sale, merger or other aotion that would result in the emergence of a succ~ssor
       entity; the creation or dissolution of a subsidiiuy, parent or affiliate that eagages in any
       acts o practi~esubject to this Order; the filing of a bankruptcy petitiorl; or a c h g e i
             r        s                                                                         n
       &e   corporate name; and addtess, at least thkty (30)days prior to such changc,pmded
       that,with respect t my proposed change in the corporation about which the defendant
                         n
        learns less than thixty (30) days prior lo the date such action is to take place, defendant
        shall notify the Commission as soon as practicable after obtaining such h~wledlge;
       B.      One hufldred eighty (180) days after the date of entry of this Order, defendant
shall provide a written. *port ta the FTC, sworn t undm penalty of pejury, setting forth in detail
                                                  o
the manner and fonn in which he has complied and is complying with tJ$s Order. This repoft
shall include, but not bc lirnild to:
                1,     His then-currat residence address,mailing addresses, and telephone
       numbers;
               2.      His thm-current mploymcal and business addresses and telephone
                                                                         FEDEILILTRADE COMMKSION
                                                                            915 Ssond Avt., Su.2896
                                                                             Smnle. Washington g8 174
                                                                                 (206) 220.6350
    '1
     I               numbers, a description of the business activities of each such employer or business, a d

     1               his tide and resyonsibiliticsfor each such mplayer o business;
                                                                         r

         1	                   3.     A copy of each acknowledgment of receipt ofthis Order obtained pursuant

    4    I           to Section X ofthis Order; and

                              4.     Aay other changes required to be reported under Section VKA of lhis
                     Order;
                     C.       For the purposes of this Order, defendant shall, unless otherwise dirccted by the
    8
         I    Commission's authorized reprusentatives, mail all written notificationsto the Commission to:
                                              Associate Director for E n f o m e n t
                                                  Federal Tradc Commission
                                                601 N m  Jersey Avenue, N.W.
                                                   Wasbingtbn, DC 20001
                               Re: FTC v. Giobal Management SoIutiolzrt, e al., CU5-026.5 TSZ
                                                                         t

                     D.       For purposes ofthc compliancemporti.ngand monitoring required by this Order,
              the Commission is authorized to communicate directly w t defendant.
                                                                    ih
                                           VIII. COMPLIANCE MONITORING
                     I IS FLlRTHER ORDERED that, for the purpose of monitoringand investigating
                      T
              compliance with any pmvision of this Order:
                     A.       Within ten (10) d a y of receipt of written notice from a rqrwentative of the
              Commission, defmdant shall submit additional written reports, sworn ta under penalty of
              perjury; produce docmats for inspection and copying; appcar for *osition;         and/or provide
              entry during normal busir&sshours to any U.S. business location in def~ndant's ossession, or
                                                                                           p
I   21 

    -0
         1    dimt or indirect contml, to inspect the business operation;
                     B.       Trs addition, the Commission is authorized to monitor compliance with this Order

    24
         I    by dl other lawful means including, but not limitcd to, L e following:
                              1,     Obtaining discovery from any penon, without m e leave of court, using
                                                                                  hr
                     the procedwes prescribed by Fed. R.Civ. P.30,3 1,33,34,36, and 45; and
                              2,     Posing as consumers and suppliers to defendant, defendant's employees,
          I
                     or any other entity managed or controlled, i whole or i part, by defmdant,.without the
                                                                n           n

                                                                                       FJSERAL 'IRADE COMMISSION
                                                                                         915 S a m d Aw.. Su.2696

              S1'I.P.PERMANENT WJUNCTION - 9
           6         -	                   5             69
                                               B8~trmeu.t: 	      Filed @~/69/@%@@ 1ft t 9 3
                                                                                Page d

               necessity of identification or prior notice;and
               C.         Defendant sMi pemit representatives of the Commission to interview any
     employer, consultant, independent contractor, representative, agent or employee who has agreed
     t such an interview, relating in any way to any conduct subject t this Order. The person
     o                                                               o
     interviewed may have counsel prewnt,
               Provided, however, that nothing in this Order shall limit the Commission's lawful use of
     c;ompulsoryprocess,pursuant to Scctians 9 and 20 of the FTC Act, 15 U.S.C.§§ 49 and 57b-1,
     to obtain any rjlocumentary material, tangible things, tcstiznony, or information relevant to unfair

     or deceptive acts or practices in or affecting commerce (within the meaning of 15 IJ.$.C.
     P 45(a)(l))*
                                               .
                                              M REC0III)rceEPLNG
               IT IS FURTHER ORDERED #at, for a period of six (6) years from the data of mtry of
     thisOrder, defendant, in connection with any bush= where (1) defmdant is the majority owner,
     or directly or indirectly mamgcts or controls the businrsl;s, and (2) the business is engaged i
                                                                                                   n
     telemarketing to U S regiden%,or in assiaing others engagsd in said business, and his agents,
                       ..
     employec;s, corporations,successors and assignq, and those persons in active concert or
     participation with him who receive actual notice of this Order by personal service o ofhawise,
                                                                                         r
     are hmby restrained and enjoined b m filing to create and retain the followingrecords:
1	             A.         Accounting records that reflect the cost of goods or services sold, revenues
     generated, and the disbtlrsmmt ofsuch reveaues;
               13.        Personnel records accurately reflecting:the namc, address, and telephone number
     of   each person employed in any capacily by such business, including as tin iadependmt
     contractor; that petson'sjob title or position; the date upon which the parson winmenced work;
     and the date and reason for th,eperson's termination, if applicable;
               C.         Customer files containhg the names, addresses, telephone numbers, dollar 

     amounts paid, quantity o items or swvica purchased, and description of ilems or services 

                             f
     p w h a a d , to the extent such information is obtained i the ordinary course of business;
                                                              n
               D.         Complaints and refund requests (whether rrxeived directly, indirectlyor through
                                                                                 FEDERAL TRADE COMMISSION
                                                                                    915 Sllcond Ave, Su. 2896

     STZP.PERMANENT INlUNCTlON 10 	       -                                         Scnttlr. Washington 98174
                                                                                         (206) 2 2 M 3 5 B
                 Case 2:05-cv-00265-TSZ          Document 69        Filed 0511012006        Page 11 of 13
                 Case 2:05-cv-00265-TSZ          Document 67        Filed 05/09/2006 Page 4 d of 13


             any third party] and any responses to those complain@or requests;
                    E,     CQgies of ail sales scripts,        materials, advertisements or other marketing


                    F. 	 All reco& and bumcnts necessary to deanonstrate fill compliance with each
                           is Order including, but not limited to, copies of achowledgments of receipt of lhis
                            by Section XI of this ME% dl weports submitted to the FTC pursuant to
                                                    Bnd


                                 X- DISTRIBUTION OF ORDER BY DEFENDANT
                    ICI: ZS IWRTHER~ORDERED far a period of three (3) years fiom the date of entry
                                          that,
                                         1 &liver copies of this Order as directed below:
                    A. 	   For my business that defendant controls, b t l y or indirectly, lor i which he has
                                                                                                n
                                          ,defendant must deliver a cgty of this Order to all principals,
                                          ers of that business. Dehdant must also deliver copies ofthis
                                           ,;md representatives of that business who engage in conduct
                                           .r(:sidmis. For c m t pasomel, delivery shall be withinfive (5)
                                            on defendant. Fbr mew personnel, delivery shall o c m prior to


                    B. 	 For my bwiness w e e defendant is not a controUing person, but otherwise
                                         hr
                                                              ..
                                                     ting lo U S residents, defendant must deliver a copy of
                                                      of such business b f engaging in such conduct; md
                                                                        em
                    C. 	 Defendant must secure a signed and dated statement achowldgi-ngreceipt of
                                                      very, b m all persons receiving a cqpy of the Order
             pursuant to &is Section.
    24               M. ACKNOWEEDGMEINT OF RECEIPT OF ORDER BY REFENDANT

I   26
                    IT IS FURTHER ORDERED that defendant, within five ( 5 ) business days of m i p t of
         1 this Order as entered by the Court, must submit to the Cornrniwion a truthful swam staiunat
    27   I   achowldging receipt of this Order.




             STIP. PERMANENT INJUNCTION I t -
    'I                                XII, COOPERATION WITH lETC COUNSEL

     I              I IS FCTRlX.ER ORDERED that defendant shall, in connection with this action or any
                     T
    3
        I m s q w investigations related woperate in faith with the FTC
        1 thebsubjecttof the Connplaint,or associated with the transactions or and
                                                 to                                         the occunences that ~ l t e
    4
         I                       FTC's                            good                           appear, or cause
    5
         I   his officer$, employees, representatives or agents to appear, at such places and times as the
    6
         I   shall reasonably request, &r written notice, for interviews, conferences, pretrial d i s ~ v t x y ,
    7
    8
         II rquestod
         1 revievri of in
                       documents, and for such other matters as may be rwsonably required by the FTC.
                            writing by the FTC, defendant shall appear, or oaur his o f f i m , employees,
                                                                                                                  If

    9
         I   representatives or agents to appear, and p v i d e truthfUl testimony in any trial, deposition or

     I
    10 other proceeding related to or associated with the transactions or the o c c m c e s that are the

     I
    11       subject of the Complaint, without the service of a subpoetla.

    "I                                 XUI. INlDEPlENDENCEOF OBLIGATIONS

    l3 I smerableTI$mFURmER OlRDERED expires, is of this Order are be invalid, the
                1                                         provisions
                                                       that the                               separate and
    14
       I/ remaininghprovisions shall remain in full force and effect. is determined
                        one another, Ifany provision                     stayed or                 to

    15
       I
I
       1 IT IS FURTHER ORI3ERED that tbis Court retainjurisdiction this m~ttcrfor
    l6 

                                          RETENTION OF JURISDICTION
                                          IUV.
                                                                       shall                     of


I
    18
    19   I   pqoses of construction, modification, and enforcement of this Order.




                                                                                                    ~L
                                                                                        F E D E ~ TRADE COMMLV~N
                                                                                            915 Second Avt., Su. 2896
                                                                                            Scattla, Wahingron 98174
             STIP. PERMANENT INJUNCTION - 12                                                      (206)220-6350
1

2   R   Pwented by:




        915 Second ~vsnuk, uite 2896
                            S
        Seattle, WA 98 174
        206-220-4486 (Decke~}
        206-220-4475 (Mayer)
        206-220-6366  (fax)
        kdccker~f€c.rov
        jma~err~ftc.crov


    I
  Attorneys for Plaintiff
9 Federal Trade Commission
-




                                          FEDERAL TRADE COMMISSION
                                             915 S a n d Aw., Su.2896

                                    -
        S'FIP. PERMANENT lTWPJCTIDN t 3
                                             Senttle, Washingtan 98174
                                                   (2063 220-63W