Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 Page · Case 1 :05-cv-05442 Document 104 Filed...

' ,Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 of 18

IN THE UNTED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

FEDERA TRAE COlVSSION

Plaintiff Civil Adion No. 05 C 5442 Judge Moran Magistrate Denlow

Centurion Financial Benefits LLC et al.)

Defendants.

STIPULATED ORDER FOR PERMENT INJUNCTION AND FINAL JUDGMENT AGAINST DEFENDANT SYL V ATN CHOLETTE

Plaintiff the Federal Trade Connission ("FTe) or "the Commssion ), commenced ths

action by fiing its Complain1, followed by a Pirst Amended Complaint, for injunctive and other

eqnitable reliefpunmant to Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC

Acf' 15 D. 53(b) and 57b, the Telemarketing and Consumer Fraud and AbuseC. 9

PreventJm1 Act ("Telemarketing Act"), 15 US.c. 6101 et seq. chargig that the defendants

engaged in deceptive acts or practices in violation of Section 5(a) of the FTC Act 15 D.

45(a), and the FTC' s Trade Regulation Rule entitled "Telemarketing Sales Rulet 16 C.

Par 310.

The FTC and Defendant Sylvain Cholette, having been represented by counsel and acting

by and through such counsel) have consented to the entry of this Stipulated Order for Peranent

Injunction and Final Judgment ("Stipulated Order" or " Order ) without a tral or adjudication of

any issue of law or fact herein.

Page 1 of 18

Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 of 18

NOW, THEREFORE the Commssion and Defendant Sylvain Cholette, having requested

the Court to enter this Stipulated Order and the Cour, having cons1dered the Stipulated Order

. reached among the palties and for otheT cauSe appearig, it is ORDERED ADJUDGED, AND

DECREED as follows:

FIINGS

This is an action by the Commssion instituted under Sections I3(b) and 19 of the

FTC Act, J 5 U. C. g 53(b) ;md57b , the Telemarketing Ad, 15 ns.c. 99 6101 et seq. and the

FTC's Telemarketing Sales Rule , 16 C.F .R. Pari 310. Pursuant to these statutes and regulations

the Commssion has tbe authority to eek the relicf contained herein.

The Commssion s First Amended Complaint states a claim upon which relief.

may be granted against Defendant Sylvain Cholette under Sections 5 , 13(b), and 19 nftbe PTC

Act, 15 U.S.C. 9945 , 53(b) aDd S7h tl1e Telemarketing Act, 15 ns.c. 99 6101 et seq. and the

FTC' s Telemarketmg Sales Rule , 16 C. R. Par 310.

This CourL has jurisdiction over the subjel:t mattcr oftms case and all parties

hereto.

Venue in tbe United States District Com1 for the Northern District oflliDois is

proper under 15 U.S. C. 53(b) and 28 V. C. g J 391(b), (c), and (d).

The aJItged activities of Defendalt Sylvain Cholettc are in or affecting commerce

as defined in Section 4 of the FTC Act, 15 U.S. c. 44.

Defendant Sylvain Cholette, withoul admitting the allegations set for in

Plaintiff's First Amended CompJaint or any liability in cOJmection lherewith, agrees to entr of

this Stipulated Order.

Page 2 of 18


The paries shall each bea.r their own costs and attomeys ' fees incured in ths

action and have wiiived all claims under the Equal Access to Justice Act, 28 U. 2412, andG.

all rights to seek judicial review, or otherwise t.o challenge the val.dityoftbis Stipulated Order.

This Ord r is in addition to and not in licu of any other civil or criminal remedies

that JJa y be PTOVj ded by law"

Entry of this Sti-pulated Order is in the public interest.

DEFINTIONS

For purposes ohms Order , the followhJ.g definitions shaH apply:

Defendant" means the Defendant Sylvain Cholette.

Asset" or "assets" means aDY legal or equitable interest in, right to, or claim to

any real and personal propert, including, but not limited to , chattels , goods, instruments

equipment, fixtures, general i.ntangibles, effects, leaseholds , mail Or other deliveries , inventory,

checks , notes , accounts, credits , receivables (as those terms are defIned in the Uniform

Commercial Cod ), and. all cash, wherever located.

Assisting others" means providing any of the following goods or services: (1)

providing fur Or an,mgig for the provision of mail or telephone lists that contain. incOJporate, or

utilize consumers ' account nlL1nbeIs; (2) preparig or providing, or causin to be prepard or

provided, telephone salcs scripts Or other materials for use in connection with the promotion. of

products or services to consumers; (3) providing, mailig Or shipping, Or arangig for the

provision, mailing or shipping, of fulfilment products or services; (4) providing or arranging for

the provision oftdemarketing or computer processing serices; (5) providing or facilitating the

means of obtaining payment from consumers, by pTOviding Or facHitating access to the credit

Page 3 of! 8

. ... . "Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 of 18

card or bank account payment and collection system; and (6) prov.iding ma.rketing or customer

service support.

Consumer" means any individual , group, tmincorporated association, limit d or

general partnership, corporation, Or other busine:ss entity.

Credit-related products , programs, or servk " means any product, program, or

service which is advertised , offered tor sale, or sold to consumers as a method by which

consumers may establish or obtain any extension of credit or credit device, including, but not

limited to , credit cards, loans , or financing, or a:; a method to con.solidate or liquidate dcb1B.

Customer" meanS any person who has paid, 01' may be required to pay, for goods

or services offered for sale Or sold by Defendant.

Documcnt" is synonymous in meaning and equal in scope to the ruage of the

term in federal Rule ofCivi) P.roc dure 34(a), and includes writings, dmwings, graphs, chars

pbotographs, audio and video recordings, computer records, and other data. compilations ITom

which information can be obtained and translated, jfnecessary, through tld ction devices into

reasonably usable form. A draft or non identicaI copy is a s para1e ducument with the me31g

of the tenn.

Material" means likely to affect a persoD s choice of, or conduct regarding~

goods or services.

Person" meanS a natural person, organzation, or other legal entity, including, but

not limited to , a corporation" paJtnership, sole proprietorship, limited liability company,

assodation, cQoperative) or any other group Or combination acting as an entity.

10. Telemarketing" meanS a plan, pTOgram or campaign (whether or not covered by

Page 4 of 18

Case 1 :05-cv-05442 . Document 104 Filed 04/25/2007 Page56f 18

the Telemarketing Sales Rule, 16 c.P.R. Part 310) which is conducted to induce the purchase of

goods or services or a charitable contribution, by Ui'B uf One or telephones.mOTe

pRDER

PROffBITED BUSINESS ACTIVTIES

IT 18 FURTI::EH ORD.ERED that, in connection with the advertising, marketing

promo Ling, offering for sale, or sale of any product, program, Or service Defendant Sylvain

Cholette, and his offcers , agents , directors , servants, !;rnployces , salespersons independent

contractors attomcys, corporations, subsidiaries , affiliates , successors , and assigns, and all other

persons Or entities in active concert Or participation with him who receive actual notice of this

Order by personal sErvice or otherwise, wbether acting directly Or though any trst, corporation

subsidiary, division or other device are hereby permanently restrained and enjoined from:

Making, or assisting others in making, any express or implied representation or

omission of material fact that is false or misleading, in any manner, incJuding, but not limited to

any false or ri sleading statement:

That Defendant will provjde consumers with, or alTange for consumen; to

receive, a major credit card, sucb as a Visa or MasterCard;

Concerning the De fendilt , s ability to provide consumcrs with any credit-

related product, program, or servjce; and

Concerng any fact material to a consumer s decision to purchase any

product, program or scrvice

Violating or assisting others to violatc any provision of the Telemarketing Sales

of18

Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 of18

Rule, 16 C. R. Part 310 et seq. including, but not limited to:

Violating Section 3 10.3 (a) (2) ofthe Te1emarketing Sales Rule, 16 C.

3(a)(2), by misrepresenting, directly or by implkation, any material aspect of theS 31 O.

perfonnance, effcacy, naturE, or central characteristics of goods or servjces that are the subject

ofasale8 offer, 16 c.P.R. 9 310.3(a)(2)(iii)

Violating Section 31O.4(a)(4) of the Telemarketing Sales Rule, 16 C.

in9 31O.4(a)(4), by requesting or receiving payment of any fee or consideration advance of

obtainig or arranging an extension of credit when they have guaranteed or represented a high

lielihood of success in ohtaining or arninging an extension of credit;

Violating Section 31O.4(b)(J)(jii)(B) of the TSR, 16 C.F.

310.4(b)(1)(iii)(B), by engaging in or causing otbers to engage in intiating an outbound

telephone call to a person s telephone number On the National Do Not CaJJ Registry; and

. Violating Section 310.8 afthe TSR, 16 c.r.R. 31O. , by intiating, or

cau ing others to intiate, an outbound teleph011e call to a telephone number withn a given area

code without Defendants first payig the required annual fce for access to the telephone numb

wjthjo that area code that are included in the National Do Not Call Registry; and

c. Assisting others who violate any provision of Subsections A and B of ths Section.

II.

MONETARY RELIEF

IT IS li'URTHER ORDERED that:

Judgment in thc amount of$9 894 514 (USD) is hereby entered in favor of the

Commis ion against Defendant Sylvai Cholette, jointly and severally, as equitable monetary

Page 6 of18


re81itutjon for consumer injury relief; provided, however that tlus judgment shall be suspended

until fuher Order of the Court pursuant to Section II of this Order (Right to Reopen), and

provided fuher that this judgment shall be subject to the cOllditiot1s set forth in Section V.

All funds paid pursuant to Section IT and/or Section il shall be depositcd into a

fund admstered by the Conuission or its agent to be used for equitable relief, including, but

not limited to , COUSu.Uler redress and any attendant expenses for the a.dministration of such

equitable relief. Defendant Sylvain Cholette shaH cooperate fully to assist the Commission in

identifying consumers who may be entitled to redress pursuant to this Order. In the event that

direct redress is whol1y or parially impracticable or funds rcmain after redress is completed , the

Conuission may apply any remaining flmds for such other equitable relief (including consumer

infonnation remcdics) as it dctcrmincs to bc reasonably rclated to Defendant Sylvai Cholette

practices alleged in the First Amended Complaint Any fLmds not used for such equitable rel1ef

shaJl be deposited to the United States Treasury as disgorgement. Defendant Sylvain Cholette

shaJl bave no right to challenge the Commissjon s choice of remedies under this Section;

The judgment entered pursuant to Paragraph A oftrus Section for equitable

monetar rcliefis solely remedial in natue and is not a fine, penalty, Plmitive assessment

foreiture;

In the event of any default on any obligation io make payment under this Section

intercst~ computed pursuant to 28 D. 1961(a), shall accrue from the datc of default to theC.

date of payment, and shall jnmJediately become due aod payable;

For purposes of any subsequent proceedings to enforce payments required by this

Section, including, but not limited to, a non-dischargeability complaint filed in a banruptcy

Page 7 of 18


proceeding, Defend mt Sylvain Cholette waives any right to contest any allegations in Plaintiff's

. First Amended Complaint; and

Nothg herein shalJ be deemed OJ coustred to prevent the Commission from

intiating any appropriate prOl eedings to enforce the provisions of ths Order.

III.

RIGHT TQ JllftPEN; ACCURACY OF FIANCIA STATEl\NT

. n' IS FlJRTHER ORDERED that within five (5) bus.iness days afer the date of entry of

this Stipulated Order, Defendant Sylvain ChoJette shan submit to the Commission a truthful

sworn statem.ent that shall reaffnm and attest to the truthfulness, accuracy, ::d completeness of

the Financial Statement of Individual Defendant executed by Defendant Sylvain Cholette 011

November 18 2005. The Conunissjon s agrecmentto ths Stipulated Order is expressly

premised upon the fian ial condition of Defendant Sylvain Cholette. as represented in his

fmandal stateinent, which contains material inormation upon which the Commssion relied in

negotiating and agreeing upon tils Stipulated Order.

, upon motion of the Commission, the Court finds that Defe;ndant Sylvain Cholete

failed to submit the sworn statement required by this See lion, UT that Defendant failed to disclose

. any malerial asset, materjally misrepresented the value of any asset, Or mad any uther material

misrepresentation in or omission from the financial statement, the Cour shall enter judgment

against hi, in favor ofila Commission , in the amount of$9 894 514 (USn) (the approximate

total amount of consumer injur in this matter durng the time that Defendant Sylvain Cholete

was actively involved in the alleged activities set forth in Plaintiffs First Amended Complaint),

and the entire amount ofthe judgment shall become immediately due and payable, less a.y

Page 8 of18


atUount already paid.

Provided, however that in all other respects judgment shan remain in full force andthis

effect, unless otherwise ordered by the Cour; and providedfurther that proceedings instituted

under this Section are in addition to, and not in Ueu of, any other civil or crimial remedies that

may be provided by Jaw, including, hnt not limited 10 , contempt proceedings, or any other

proceedings Ihat the Commission Or the United. Slates m.ight intiate to enforce ths Stipulated

Order-

IV.

CUSTUMER LISTS

IT IS FURTHER ORDERED that Defendant Sylvain Cholette, and his offcers, agents

directors, servants, employees, satespersons , independcnt contractors , attorneys, corporations

suhsidiaries, affiiates , SUCl; S8ors, and assigns, and all other persons or entities in active cotlcerl

or participation with them wbo receive actual notice of Lhs Order by personal service or

otherwise, whether acting diIectly or through allY trust, corporation, subsidiary, division, Or other

devjc:e, are permanently restmined and enjoined from sellig, rcntig, leasing, transfenig, or

otberwi!;e disclosing the Dame, address , telephone Dumber, social security number, credit card

number, ban account number, e-mail address , or oiler identifying infommtion of any person

who paid any money to or received any credit-related product. program, or service from

Defendant. or whost: identifyng informarion was obtained for the purose of solicitig them to

pay money to or receive servil;es from Defendant at any time prior to the date ths Order is

entered, in cOlllection with the sale or rendition ofthe pmducts , programs , or services rcferenced

in the First Arne1Jded Complait.

Page 9 of 18


Provided, however that Defendant Sylvain Cholete, and his offcers, agents directors

servants , employees , salespersons independent contracto:n, attorneys , corporations, subsidiaries

affliates, successors , and assigns, and all other perwmi or enlities in active concer Or

paricipation with them who receive actual notice of ths OrdGT by personal service Or otherwise

whether acting directly or through any trust corporation, sllbsidiar) division, or other deviGe

may provide such infonllatiOIl to a law enforcement ageney either voluntarily) or as requITed by

any 1aw regulation, Or cour order.

COOPERAT) ON WITH FIC COUNSEL

.11. .IS JrURTIJER ORDERED that Defendant Sylvain Cholette shall , jn connection with

this action or any subsequent investigations related to Or associated with the transactions or the

occurrences that are the subject of the FTC's First Amended Complaint, cooperate in good faith

with theFTC and appear~ or cause his offcers , employees) representatives , or agents to appear~ at

such p)aces and times as the FTC shall reasonably request, after written notice, for interviews

Gonferences) pretral discovery, review of documents, and for such other matters as may be

reasonably requested by the FTC. Ifrequested in writig by the FTC, Defendant Sylvain

Cholette shall appear or cause his officers, employees, representatives, or agents to appear, and

pTOvide trthful testimony il any trial , deposition, Or other proceeding related to Or a...sociated

wjth the trnsactions or the occurrences that arc the subject ofthe First Amended Complaint

without the serice of a subpoena."

VI.

Page 10 of 18


COMPLIACE MONITORIG

IT IS ) URTHER ORDERED that, for the pUIose ofmon.itoring and investigatirg

compliance with any provision of this Order:

A.. Within ten (10) days ofreceipt of written notice from a representative of the

Commssion, Defendant Sylvain Cholette shall submit additional written report sworn to under

. penalty ofpeIjmy; produce documents for inspection and copying; appear for depositio ; and/or

provide entry dming Honnal business hours to any business location in Defendant's possession or

direct or indirect contml to inspect the business operation;

in addition the Commission is aulhorized to monitor compliance with this Order

by all other lawful means, including, but not limited to the following:

obtaining discovery from any person, without fuer leave of cour, using

the procedures pre crihed by Fed. R. Civ. P. 30. 31 , 34, 36. and 45; and

posing as COnSumers and suppHers to: Defendant Sylvain Cholete, his

employees, Or any other entity managed or cQntroJIed in whole or in part by Defendant. without

the necessity of identification or prior notice; and

Defendant Sylvain Cholette shall pennit epre entatives of the Commjssionto

interview any empJoyer, consultant, independent contTactoT repreHentative, agent) or employee

who has agreed to such an interview, relating in any way to any conduct subject to this Order.

TIle person interviewed may have counsel present.

Provided, however that nothg in this Order shalllimil fue Commission 5 lawful use of

compulsory process, pursuant to Sections 9 and 20 ofthe FTC Act, 15 U.S. c. , 5Th- , to

obtain any documentary material, tangible thigs , testimony) Or information Televant to unfair

Page II of 18


deceptive acts or practices in or affecting commerce (within the meanig of

15 U.S, C. 9 45(a)(1)).

VII.

COl\LIANCE REPORTING BY EF.. NDANT

IT IS FURTHER ORDERKO tbat, in order that compliance with the provisions of this

Order may be monitored:

For a period offive (5) years from the date of entr of ths Order

Defendant Sylvain Cholette shall notify the Commission of the following:

A.y changes in his residence, mailing addresses, and telephone

numbers, withn ten (10) days ofthe date of such change;

b. . Any changes in his employment status (including self-

employment), and any change in the ownersbj p afthe Defendant in any business entity, within

ten (l 0) days oftbc date afthe such change. Such notice shall include tbe Dame and address of

each" business that thl: Defendant is affiliated with, employed by, creates or fOnIs, or performs

ervices for; a statement ofthe nature oftbe business; and a statement of the Defendant's duties

and responsibilities in connection with the business or employment; and

Any changes in the Defendant's name or "Use of any aliases or

fictitious names; and

" 2 Defendant Sylvain Cbolette shall notify the Cummisliion of any changes in

corporate structue of any business entity that the Defendant directly or indirectly controls , at has

an ownership interest in; that may affed compliance obJjgations arsing under this Order

including, but not limited to , a dissolution, as ignme))t. sale, merger, or other action that would

Page 12 of 18

. Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 of 18

result in the emerge1l;:e of a. successor entity; the Clcation or dissolniion of a subsidiar, parent. Or

affliate that engages in any acts or proctices subject to this Order thc fiing of a bankptcy

petition; Or a change in tbe corporate llamc or addrcss atlcast thity (30) days prior to such

c.hange provided lhat, with respect to a.IJY proposed change in the corporation about which the

Defendant lears less than thirt (30) days prior to the date such action is to take place

lJefendant shall notify the Commssion as SOOn as is practicable after obtaining such knowledge.

. B. One hundred eighty (180) days afer the date of of this Order, Defendantentr

Sylvain Cbolette shall provide a written report to the FTC, swam to ilder penalty of perjury

under the laws of the United States , setting fort in dcta.il the manner and form in which he has

complied and is complying with lhs Order. This report shall include, but not be limited to:

The then culTent residence address, mailig addresses, and telephone

numbers of Defendant Sylvain Cholette

The tben-cllentemployment and busjness addresses and telephone

numbers of Defendant Sylvain Cholette, a description of llt: business activities of each such

employer or business) and lhe tiUe and responsibilities of Defendant Sylvai Cholette, for each

such employcr or business; and .

Any other chages requirr; to bt: reported ll)der subsectjon A oftbis

Section.

A copy of each acknowledgment of receipt of this Order obtained by

Defendant pllsuant to Section X ofthis Order; and

For the pUIoses ofthis Order) Defendant Sylvain Cholette shall, uness otherwise

directed by the Commssion s authorized representatives ) mail all written notifications to the

Page 13 of18

Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 . of 18

Commssion to:

Associate Dhector for Enforcement Federal Trade Commission 601 New Jersey Avenue N. Washington, D. C. 20580 Re: FTC v. Centurion Financial Benefits LLC et a!. Civil Action No. 05C 5447.

For puroses of the compliance reporting required by this Order, the Commssion

is allthorized to communicate directly with Defendant

VI.MONITORIG COMIJLIANCE OF SALES PERSONNEL

IF IS FURTHER ORDERED that Defendant Sylvain Cholette, iI) connection with any

business where he is the majority owner of tbe business or directly or indnectly manages or

controls the busines5, and where the business is engaged in telemarketing, or assisting others

engaged in tdemarktting, is hereby permanently restTained and enjoined from:

Failing to take reasonahle steps suffcient to monitor and ensure that

emPloyees and independent contractor!; engaged in sales or other customer !:ervice fuctions

comply with Section I of this Stipulated Order. Such steps shall include liuequatcmonitoring

sales preseJltations or other calls wjtb customers , and shall also include, at a minimum, the

following: (1) listening to the oral repre1ientations made by persons engaged in sales or other

customer servicc functions; (2) establishing a procedure for reeeiving and responding to

cunsUmer complaints; and (3) ascertaining the munber and natme of consumer complaintf;

rcgarding transactions in which each cmployee or independent contractor is involved;

Failing promptJy to investigate fully any consumcr complaint received by any

business to which this Section applies; and

Page 14 of 18

Case 1 :05.,cv-05442 Document 104 Filed 04/25/2007 of 18

. Faili11g to take cOITective actiou wjtb respect to any sales person whom Defendant

Sylvain Cholette dctcnnines is not comply:ing will ths Order, which may include tTaimng,

djsciplining, and/or termating such sales person.

IX.

JUtCQm1J(EEPING PRQYIQN

IT IS Ii'ORTlIER ORDERED that , for a period of cight (8) years from the date of entr

ofthisOrder, in connection with any business where (1) Defendant Sylvain Cholette is the

majority owner, or directly or mdirectly manages or controls the business, and (2) tbe business is

engaged in, or a.'i ists others in engaging in, telemarketing, Defendant Sylvain Cholete and his

agents , employees, officers, cOI)Jotations successors, and assigns, and those persons in active.

concert or participation with him who receive actual notice of ths Order by personal serice or

. utherwise, is hereby restrained and eojojlied from failing to create and retain the following.

records:

Accounting records that reflect the cost of goods or services 1iold, revenues.

generated, and the disbursement of such revenues;

Personnel records accurately reflecting: the name, addreS5, and telephone number

of each perSall employed in any capacity by such business , including as an independent

contmctor; that person s job title position; the date upon which the person commenced work;oi

and the date and reason for the person s termination, if applicable;

Customer fi1es containing the names, addresses , telephone numbers, dollar

amounts paid, y'uantity of items or services purchased , and description of items or services

purchased, to the exteJlt such information is obtaied in the ordinar coure of business;

Page 15 of 18

Case 1:05-cv-05442 Document. 04 Filed 04/25/2007 0f 18

Complaint and refUId requests (whether received directly, indirectly or through

any thjrd par) and any responses to those complaiots or requests; .

Copies of all sale scripts, training materials , advertisements, or other marketig

materals; and

All records and documents necessary to demonstmte full compliance with each

provisioo ofthjs Order, including, but not liI:ted to , copies of acknow1edg:coentsofreceipt of

this Order, required by Section X, and all reports submitted to the FTC punmant to Section Vn.

DISTRIBUTION OF ORDER BY DEFENDANT

IT IS FURTHER OHJ)ERlO) that, for a period offivc (5) ycars from the date of entr..

of ths Order, Defendant Sylvain Cholette shall de1.ver copies of the Order as directed below:

Defendant Sylvain Cholette as Control Person: For any business tbat

Defendant Sylvain Cbolet1e contrls , directly OT indirectly, or jn which Defendaot Sylvain

Cholette has a majority ownershjp interest, Defendant Sy1vaiu Cholette must deliver a copy

this Order to all pricipals officers, directors, and managers of that business. Ddendant Sylvain

Cholette must also deliver copies of ths Order to all cmployees, agents, and representatives of

that busiless who engage in conduct related to the subject matter oflle Order. For current

personnel , dclivcry shall be witbjn five (5) days of service of this Order upon DefeJdant For

new persOlUJel , delivery shall occur prior to them assunrg their responsibilties. B.

Defendant Sylvain Cholette as employee or non-control person: For any business where

Deftmdat Sylvain Cholete is not a controJ1ing person of a business but otherwise engages in

Gonduct related to the subject matter of this Order, Defendant Sylvain Cbolette must deliver a

Page 16 of 18

Case 1 :05-cv-05442 Document 104 04/25/2007 of 18Filed

copy of tbis Order to all principals and managers of sudJ business before engaging in such

conduct.

Defendant Sylvain Cholette must secure a signed and dated statement

acknowledging receipt of the Order and tbe Permanent Injunction with thity (30) days of

delivery, from all per onsreceiving a copy ofth Order pursuant to ths Section.

XI.

ACKNO\VEDCMENT OF CElPT OF ORDER BY DEFENDANI

. IT IS FURTHER ORDERED that Defendant Sylvain Cholette , within fIve (5) business

days ofreceipt oithis Order a entered by the Cour, must submit to the Commssion a trthl -sworn statement acknowledging receipt of this Order.

XII.

RETENTION OF JURISDICTION

IT.lS FURTHER ORDERED that the Cour shall retahJ jurisdiction of this matter for

puroses of eon.strctjon, modification and enorcement of this Order.

Page 17 uf 18

::-Case 1 :05-cv-05442 Document 104 04/25/2007 of 18Filed

The Commission an.d Defendant Sylvain Cholette hereby stipulate and agree to entr of

the foregoing Stipulated Order, which shall con tillte a final judgment in ths action.

STGNED AN STIPULATED BY:

Dated: i- /. l-ao

Attorney fOf Plaintiff Fcderal Trade Commission

Dated: !J o ,:JO

Sylvain Cholette, individually

APPROVED AS TO FORM:

1//"/0&Dated:

HECTOR E. LORA Cove & Associates , P. Attorney for Defendant Sylvain Cholette

IT IS SO ORDERED.

:106'. Dated:

Page 18 ofIS

Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 Page · Case 1 :05-cv-05442 Document 104 Filed...

Documents

Transcript of Case 1 :05-cv-05442 Document 104 Filed 04/25/2007 Page · Case 1 :05-cv-05442 Document 104 Filed...