ATTORNEYS FOR PLAINTIFF
UNITED STATES DISTRICT COURT
EX PARTE MOTION SEEKING
TEMPORARY RESTRAINING ORDER,
Plaintiff, the Federal Trade Commission ("Commission"), having filed its complaint in this matter for a permanent injunction and other equitable relief, including restitution for consumers injured by defendants' unlawful practices, moves this Court for an ex parte Temporary Restraining Order, an Asset Freeze, Immediate Access to Business Premises, Appointment of a Receiver, Expedited Discovery, and an Order to Show Cause Why a Preliminary Injunction Should Not Issue. A proposed order has been filed concurrently. This Court is authorized to grant such relief by Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), and Fed. R. Civ. P. 65(b).
In support of its motion, the Commission states that the defendants have engaged and continue to engage in acts and practices that violate the Telemarketing and Consumer Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C. § 6101 et seq., and the Telemarketing Sales Rule, 16 C.F.R. Part 310, and submits a Memorandum of Points and Authorities and accompanying declaration with exhibits. As set forth in the Memorandum of Points and Authorities, advance notice to defendants of this action may result in the dissipation or concealment of assets and/or destruction of documents. Such actions would cause immediate and irreparable damage by impeding the Court's ability to redress consumer injury. Issuing the Temporary Restraining Order and other relief will preserve the possibility of full and effective relief for consumers victimized by defendants' fraudulent investment scheme.
The Commission has concurrently filed a motion for an order to file all documents in this matter under a temporary seal.