IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

FEDERAL TRADE COMMISSION,
Plaintiff

v.

Civil Action No. 3-97CV1508-G

GULFSTAR CORPORATION;
NOVA GAZ CORPORATION;
NOVA FINANCIAL CORPORATION;
DANIEL W. FISHER; and J. TODD TIDMORE,
Defendants.


Plaintiff, the Federal Trade Commission ("Commission"), commenced this action by filing its Complaint against defendants Gulfstar Corporation, Nova Gaz Corporation, Nova Financial Corporation, Daniel W. Fisher, and J. Todd Tidmore. The Complaint alleges that defendants engaged in unfair or deceptive acts or practices in violation of Section 5 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C.  45, and seeks a permanent injunction and monetary relief pursuant to Section 13(b) of the FTC Act. On November 3, 1997, this Court entered a default judgment against defendant Nova Financial Corporation for failing to plead or otherwise defend this action.

The Commission and defendant J. Todd Tidmore hereby stipulate and agree to the entry of this Final Order for Permanent Injunction and Settlement of Claims for Monetary Relief ("Order"). Being advised of the premises, the Court finds:

1. This is an action by the Commission instituted under Sections 5 and 13(b) of the Federal Trade Commission Act, 15 U.S.C.  45 and 53(b). The Complaint seeks both permanent injunctive relief and consumer redress for alleged unfair or deceptive acts or practices by the defendant in connection with the promotion of investments in oil and gas drilling. The Complaint states a claim upon which relief may be granted against defendant under Sections 5 and 13(b) of the FTC Act.

2. This Court has jurisdiction over the subject matter of this case and has jurisdiction over the defendant. Venue in the Northern District of Texas is proper.

3. The activities of defendant are in or affecting commerce, as commerce is defined in 15 U.S.C.  44.

4. Defendant neither admits nor denies the allegations set forth in the Complaint.

5. Defendant waives all rights to seek judicial review or otherwise challenge or contest the validity of this Order. Defendant also waives any claim that he may have held under the Equal Access to Justice Act, 28 U.S.C.  2412 (as amended), concerning the prosecution of this action to the date of this Order. Defendant shall bear his own costs and attorneys fees.

6. Entry of this Order is in the public interest.

7. This Order is remedial in nature and shall not be construed as the payment of a fine, penalty, punitive assessment, or forfeiture.

ORDER

For the purposes of this Order, the following definitions shall apply:

A. "Document" is synonymous in meaning and equal in scope to the usage of the term in Federal Rule of Civil Procedure 34(a), and includes writings, drawings, graphs, charts, Internet sites, photographs, audio and video recordings, computer records, and other data compilations from which information can be obtained and translated, if necessary, through detection devices into reasonably usable form. A draft or non-identical copy is a separate document within the meaning of the term.

B. "Defendant" means J. Todd Tidmore.

C. "Investment" or "investment offering" means any interest, product or service, including any partnership, interest in any partnership, stock or other beneficial interest, tangible or intangible, that in any way is (1) offered for sale, traded, or sold, to be held, wholly or in part, for purposes of economic benefit, profit, or income, or (2) offered for sale, traded, or sold, based on representations, wholly or in part, express or implied, about past or future income, appreciation, or resale value.

D. "Telemarketing" shall mean any business activity (whether or not covered by the Federal Trade Commission's Telemarketing Sales Rule, 16 C.F.R. Part 310 ("TSR")) and including, but not limited to, initiating or receiving telephone calls, managing others who initiate or receive telephone calls, operating an enterprise that initiates or receives telephone calls, owning an enterprise that initiates or receives telephone calls, or otherwise participating as an officer, director, employee or independent contractor in an enterprise that initiates or receives telephone calls) that involves attempts to induce consumers to purchase any item, good, service, partnership interest, trust interest or other beneficial interest, to make a charitable contribution, or to enter a contest for a prize, by means of telephone sales presentations, either exclusively or in conjunction with the use of other forms of marketing. Provided that the term "telemarketing" shall not include transactions that are not completed until after a face-to-face contact between the seller or solicitor and the consumers solicited.

E. "Assisting others" means knowingly providing any of the following goods or services to another entity: (1) performing customer service functions, including, but not limited to, receiving or responding to consumer complaints; (2) formulating or providing, or arranging for the formulation or provision of, any telephone sales script or any other marketing material; (3) providing names of, or assisting in the generation of, potential customers; (4) performing marketing services of any kind; or (5) performing accounting services of any kind.

I . PROHIBITED BUSINESS PRACTICES

A. IT IS THEREFORE ORDERED that defendant and his agents, employees, officers, servants and attorneys, 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, are hereby restrained and enjoined from engaging in or assisting others to engage in any misleading or deceptive act or practice in connection with the promotion, advertising, marketing, sale, or offering for sale of investments in oil and gas drilling ventures, including, but not limited to:

(1) Misrepresenting, directly or by implication, that an investment involving an oil and gas drilling venture is a low-risk or risk free investment;

(2) Misrepresenting, directly or by implication, that an investment in an oil and gas drilling venture will likely result in returns on an investment;

(3) Misrepresenting, directly or by implication, that a geologist's report that defendant provides to prospective investors to promote one or more of defendant's oil and gas drilling ventures has been approved by a certified geologist;

(4) Misrepresenting, directly or by implication, the location, status, extent, or production of oil and gas wells;

(5) Misrepresenting, directly or by implication, that defendant has accurately reported drilling activity in or around the region where defendant proposes to drill oil and gas wells;

(6) Misrepresenting, directly or by implication, the on-going or past production of oil and gas in wells that have already been drilled;

(7) Misrepresenting, directly or by implication, that defendant, or some other person or entity, has produced specific amounts of oil and gas in wells that have already been drilled;

(8) Misrepresenting, directly or by implication, that defendant, or any of defendant's agents, independent contractors or joint venturers, will drill a well on specific land; and

(9) Failing to disclose that defendant does not possess the rights to land upon which he claims that he will be drilling for oil, if such is the case.

B. IT IS FURTHER ORDERED that defendant and his agents, employees, officers, servants and attorneys, 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, are hereby restrained and enjoined from engaging in or assisting others to engage in any misleading or deceptive act or practice in connection with the promotion, advertising, marketing, sale, or offering for sale of investments or investment offerings, including, but not limited to:

(1) Misrepresenting the likely profits to be made through any investment;

(2) Misrepresenting, directly or by implication, the amount of money or other capital that will be raised for any investment;

(3) Misrepresenting, directly or by implication, the use of proceeds of any investment or investment offering;

(4) Misrepresenting, directly or by implication, the costs associated with the advertising, promotion, offer for sale, or sale of any item, product, good, service, or investment;

(5) Misrepresenting, directly or by implication, the risk, liquidity, market value, resale value, or expected income or profit associated with any item, product, good, service, or investment; and

(6) Misrepresenting, or failing to disclose, directly or by implication, any fact material to a consumer's decision to purchase any item, product, good, service, or investment.

C. IT IS FURTHER ORDERED that defendant and his agents, employees, officers, servants and attorneys, 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, are hereby restrained and enjoined from:

(1) Conducting or participating in any telemarketing solicitation without compliance with all applicable federal and state registration and bond requirements; and

(2) Violating or assisting others in violating any provisions of the TSR, 16 C.F.R. Part 310 (as amended from time to time), including but not limited to: misrepresenting, directly or by implication "[a]ny material aspect of an investment opportunity including, but not limited to, risk, liquidity, earnings potential, or profitability." 16 C.F.R.  310.3(a)(2)(vi).

II. BOND REQUIREMENT

IT IS FURTHER ORDERED that defendant J. Todd Tidmore, whether directly or indirectly through any persons or entities under defendant's control, is hereby permanently enjoined and restrained from engaging in or assisting others engaged in telemarketing or in the promotion, advertising, marketing, sale, or offering for sale of investments or investment offerings, unless, prior to engaging in or assisting others engaged in such activities, defendant first obtains a performance bond ("the Bond") in the principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000). The terms and conditions of the Bond requirement are as follows:

A. The Bond shall be conditioned upon compliance with Section 5(a) of the FTC Act, 15 U.S.C.  45(a), the TSR, 16 C.F.R. Part 310, and with the provisions of this Order. The Bond shall be deemed continuous and remain in full force and effect as long as defendant continues engaging in or assisting others engaged in telemarketing or in the promotion, advertising, marketing, sale, or offering for sale of investments or investment offerings. Defendant shall maintain the Bond for a period of five (5) five years after defendant provides notice to the Commission that defendant has ceased engaging in or assisting others engaged in telemarketing or in the promotion, advertising, marketing, sale, or offering for sale of investments or investment offerings. The Bond shall cite this Order as the subject matter of the Bond, and shall provide surety thereunder against financial loss resulting from whole or partial failure of performance due, in whole or in part, to any violation of Section 5(a) of the FTC Act, the TSR, the provisions of this Order, or to any other violation of law;

B. The Bond required pursuant to this Paragraph shall be an insurance agreement providing surety for financial loss issued by a surety company that is admitted to do business in each state in which defendant, or any entity directly or indirectly under defendant's control, is doing business and that holds a Federal Certificate of Authority As Acceptable Surety On Federal Bond and Reinsuring. The Bond shall be in favor of both: (1) the Federal Trade Commission for the benefit of any consumer injured as a result of any activities that required obtaining the Bond; and (2) any consumer so injured;

C. The Bond required pursuant to this Paragraph is in addition to, and not in lieu of, any other bonds required by federal, state, or local law;

D. At least ten (10) days before commencing in any activity that requires obtaining the Bond, defendant shall provide notice to the Commission describing in reasonable detail said activities, and include in such notice a copy of the Bond obtained;

E. Defendant shall not disclose the existence of the Bond to any consumer without simultaneously making the following disclosure: "THE BOND IS REQUIRED BY ORDER OF THE U.S. DISTRICT COURT AS PART OF A FINAL ORDER AGAINST J. TODD TIDMORE in FTC v. Gulfstar Corporation, et al., Civ. No. 3-97CV1508-G, U.S. District Court for the Northern District of Texas." The disclosure shall be set forth in a clear and conspicuous manner, separated from all other text, in 100 percent black ink against a light background, in print at least as large as the main text of the sales material or document, and enclosed in a box containing only the required disclosure.

F. Provided that the bond described in Paragraph II(A) shall not be required:

(1) For activity of defendant Tidmore within the scope of his employment as an employee of a company that is a member of a "registered futures association" within the meaning of the Commodity Exchange Act, 7 U.S.C.  21; or

(2) For activity by defendant Tidmore within the scope of his employment as as an employee of a company that is a member of a duly registered "national securities association" within the meaning of the Securities Exchange Act of 1934, 15 U.S.C.  78o-3.

III. MONETARY RELIEF

A. IT IS FURTHER ORDERED that judgment is hereby entered against defendant J. Todd Tidmore in the amount of TWO MILLION FIFTY THOUSAND Dollars ($2,050,000) for consumer redress and/or disgorgement, and for paying any attendant expenses of administration of any redress fund. Provided, however, that upon the fulfillment of the requirements of Section B of this Paragraph by defendant, this judgment shall be suspended until further order of the Court, and provided further that this judgment shall be subject to the conditions set forth in Paragraph IV of this Order.

B. IT IS FURTHER ORDERED that defendant J. Todd Tidmore shall, prior to or concurrently with the filing of this Order:

(1) surrender, release, and relinquish all present and future legal and equitable right, title, and interest in the Nova Corporation Dundee Joint Venture and the Nova Gaz Corporation - Michigan Dundee Asset Income Fund - 18 Joint Venture;

(2) waive, discharge, and release all present and future legal and equitable claims relating to, involving, or against Nova Corporation Dundee Joint Venture and the Nova Gaz Corporation - Michigan Dundee Asset Income Fund - 18 Joint Venture or any of the participants in such ventures;

(3) sever, terminate, and withdraw from all contracts, agreements, and understandings between defendant and the Nova Corporation Dundee Joint Venture and the Nova Gaz Corporation - Michigan Dundee Asset Income Fund - 18 Joint Venture; and

(4) take any and all steps necessary to effectuate, implement, and accomplish each of the requirements listed in Subsections (1), (2) and (3) of Section C of this Paragraph and the transfer of any right, title, and interest in the Nova Corporation Dundee Joint Venture and the Nova Gaz Corporation - Michigan Dundee Asset Income Fund - 18 Joint Venture to any subsequent party in interest.

IV. FINANCIAL STATEMENTS

IT IS FURTHER ORDERED that the Commission's agreement to and the Court's approval of this Order is expressly premised upon the truthfulness, accuracy, and completeness of the financial statements and information provided by defendant and his counsel to the Commission dated December 31, 1997 which contains material information relied upon by the Commission in negotiating and agreeing to the terms of this Order. If the Commission has reason to believe that the above-referenced financial statement failed to disclose any material asset the value of which exceeds $1,000, materially misrepresented the value of any asset, or made any other material misrepresentation or omission, the Commission may request that this Order be reopened for the sole purpose of allowing the Commission to modify the monetary liability of defendant. If the Court finds that defendant failed to disclose any material asset, materially misrepresented the value of any asset, or made any other material misrepresentation or omission in the above-referenced financial statement, the Court shall enter judgment against defendant, in favor of the Commission, in the amount of TWO MILLION FIFTY THOUSAND Dollars ($2,050,000), as set forth in Paragraph III of this Order. Provided, however, that in all other respects this Order shall remain in full force and effect unless otherwise ordered by the Court; and, provided further, that proceedings instituted under this provision would be in addition to and not in lieu of any other proceedings the Commission may initiate to enforce this Order. Solely for the purposes of reopening or enforcing this Paragraph, defendant waives any right to contest any of the allegations set forth in the Complaint filed in this matter.

V. COLLECTING UNPAID REDRESS

IT IS FURTHER ORDERED that the defendant shall cooperate fully with the Commission and its agents in all attempts to collect any amounts which become due pursuant to Paragraphs III and IV of this Order. In such an event, defendant agrees to provide the Commission with his federal and state tax returns for the preceding three (3) years, and with full updated financial disclosures, in the form as was previously submitted by defendant as referenced in Paragraph IV, above, within ten (10) business days of receiving a request from the Commission to do so. The defendant further authorizes the Commission to verify all information provided on his financial disclosure forms with all appropriate third parties, including but not limited to, financial institutions. The defendant is hereby required, in accordance with 31 U.S.C.  7701, to furnish the Commission his respective taxpayer identifying numbers (social security number or employer identification number), which shall be used for purposes of collecting and reporting on any delinquent amount arising out of defendant's relationship with the government.

VI. CUSTOMER LISTS

IT IS FURTHER ORDERED that defendant and his agents, employees, officers, servants and attorneys, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, are permanently restrained and enjoined from selling, renting, leasing, transferring, or otherwise disclosing the name, address, telephone number, credit card number, bank account number, e-mail address, or other identifying information of any person who paid any money to defendant, at any time prior to entry of this Order, in connection with investments in oil and gas drilling ventures. Provided that defendant may disclose such identifying information to a law enforcement agency or as required by any law, regulation, or court order.

VII. RECORD KEEPING PROVISIONS

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Order, defendant, and defendant's agents, employees, officers, and servants, corporations, successors, and assigns, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, in connection with any business where defendant is the majority owner of the business or directly or indirectly manages or controls the business are hereby restrained and enjoined from failing to create, and from failing to retain for a period of three (3) years following the date of such creation, unless otherwise specified:

A. Books, records and accounts that, in reasonable detail, accurately and fairly reflect the cost of goods or services sold, revenues generated, and the disbursement of such revenues;

B. Records accurately reflecting: the name, address, and telephone number of each person employed in any capacity by such business, including as an independent contractor; that person's job title or position; the date upon which the person commenced work; and the date and reason for the person's termination, if applicable. The businesses subject to this Paragraph shall retain such records for any terminated employee for a period of two (2) years following the date of termination;

C. Records containing the names, addresses, phone numbers, dollar amounts paid, quantity of items or services purchased, and description of items or services purchased, for all consumers to whom such business has sold, invoiced or shipped any goods or services, or from whom such business accepted money or other items of value;

D. Records that reflect, for every consumer complaint or refund request, whether received directly or indirectly or through any third party:

(1) the consumer's name, address, telephone number and the dollar amount paid by the consumer;

(2) the written complaint or refund request, if any, and the date of the complaint or refund request;

(3) the basis of the complaint, including the name of any salesperson complained against, and the nature and result of any investigation conducted concerning any complaint;

(4) each response and the date of the response;

(5) any final resolution and the date of the resolution; and

(6) in the event of a denial of a refund request, the reason for the denial; and

E. Copies of all sales scripts, training materials, advertisements, or other marketing materials utilized; provided that copies of all sales scripts, training materials, advertisements, or other marketing materials utilized shall be retained for (3) years after the last date of dissemination of any such materials.

VIII. DISTRIBUTION OF ORDER BY DEFENDANT

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Order, defendant shall:

A. Provide a copy of this Order to, and obtain a signed and dated acknowledgment of receipt of same from, each officer or director, each individual serving in a management capacity, all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors or otherwise, immediately upon employing or retaining any such persons, for any business where defendant is the majority owner of the business or directly or indirectly manages or controls the business.

B. Maintain for a period of three (3) years after creation, and upon reasonable notice, make available to representatives of the Commission, the original signed and dated acknowledgments of the receipt of copies of this Order, as required in Section A of this Paragraph.

IX. COMPLIANCE REPORTING BY DEFENDANT

IT IS FURTHER ORDERED that, in order that compliance with the provisions of this Order may be monitored:

A. For a period of five (5) years from the date of entry of this Order, defendant shall notify the Commission of the following:

(1) Any changes in defendant's residence, mailing addresses, and telephone numbers, within ten (10) days of the date of such change;

(2) Any changes in defendant's employment status (including self-employment) within ten (10) days of such change. Such notice shall include the name and address of each business that defendant is affiliated with or employed by, a statement of the nature of the business, and a statement of defendant's duties and responsibilities in connection with the business or employment; and

(3) Any proposed change in the structure of any business entity owned or controlled by defendant such as creation, incorporation, dissolution, assignment, sale, merger, creation, dissolution of subsidiaries, proposed filing of a bankruptcy petition, or change in the corporate name or address, or any other change that may affect compliance obligations arising out of this Order, thirty (30) days prior to the effective date of any proposed change; provided, however, that, with respect to any proposed change in the corporation about which defendant learns less than thirty (30) days prior to the date such action is to take place, defendant shall notify the Commission as soon as is practicable after learning of such proposed change;

B. One hundred eighty (180) days after the date of entry of this Order, defendant shall provide a written report to the FTC, sworn to under penalty of perjury, setting forth in detail the manner and form in which defendant has complied and is complying with this Order. This report shall include but not be limited to:

(1) Defendant's then current residence address and telephone number;

(2) Defendant's then current employment, business addresses and telephone numbers, a description of the business activities of each such employer, and defendant's title and responsibilities for each employer;

(3) A copy of each acknowledgment of receipt of this Order obtained by defendant pursuant to Paragraph VIII;

(4) A statement describing the manner in which defendant has complied and is complying with the

(a) Injunctive provisions in Paragraph I of the Order; and

(b) Monetary relief provisions in Paragraph II of the Order;

(5) A statement indicating whether any performance bond has been obtained by defendant pursuant to Paragraph II of the Order, and attaching a copy of such bond so obtained;

C. Upon written request by a representative of the Commission, defendant shall submit additional written reports (under oath, if requested) and produce documents on fifteen (15) days' notice with respect to any conduct subject to this Order;

D. For the purposes of this Order, defendant shall, unless otherwise directed by the Commission's authorized representatives, mail all written notifications to the Commission to: Regional Director

Regional Director
Dallas Regional Office
Federal Trade Commission
Suite 2150, 1999 Bryan Street
Dallas, Texas 75201
Re: FTC v. Gulfstar Corporation, et al.
Civ. Act. No. 3-97CV1508-G

E. For the purposes of this Paragraph, "employment" includes the performance of services as an employee, consultant, or independent contractor; and "employers" include any individual or entity for whom defendant performs services as an employee, consultant, or independent contractor.

F. For purposes of the compliance reporting required by this Paragraph, the Commission is authorized to communicate directly with defendant.

X. COMMISSION'S AUTHORITY TO MONITOR COMPLIANCE

IT IS FURTHER ORDERED that the Commission is authorized to monitor defendant's compliance with this Order by all lawful means, including but not limited to, the following means:

A. The Commission is authorized, without further leave of court, to obtain discovery from any person in the manner provided by Chapter V of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 26 - 37, including the use of compulsory process pursuant to Fed. R. Civ. P. 45, for the purpose of monitoring and investigating defendant's compliance with any provision of this Order;

B. The Commission is authorized to use representatives posing as consumers and suppliers to defendant, defendant's employees, or any other entity managed or controlled in whole or in part by defendant, without the necessity of identification or prior notice; and

C. Nothing in this Order shall limit the Commission's lawful use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C.  49, 57b-1, to investigate whether defendant has violated any provision of this Order or Section 5 of the FTC Act, 15 U.S.C.  45.

XI. ACCESS TO BUSINESS PREMISES

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Order, for the purpose of further determining compliance with this Order, defendant shall permit representatives of the Commission, within three (3) business days of receipt of written notice from the Commission:

A. Access during normal business hours to any office, or facility storing documents, of any business where defendant is the majority owner of the business or directly or indirectly manages or controls the business. In providing such access, defendant shall permit representatives of the Commission to inspect and copy all documents relevant to any matter contained in this Order; and shall permit Commission representatives to remove documents relevant to any matter contained in this Order for a period not to exceed five (5) business days so that the documents may be inspected, inventoried, and copied; and

B. To interview the officers, directors, and employees, including all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors or otherwise, of any business to which Section A of this Paragraph applies, concerning matters relating to compliance with the terms of this Order. The person interviewed may have counsel present.

Provided that, upon application of the Commission and for good cause shown, the Court may enter an ex parte order granting immediate access to defendant's business premises for the purposes of inspecting and copying all documents relevant to any matter contained in this Order.

XII. ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANT

IT IS FURTHER ORDERED that, within five (5) business days after receipt by defendant of this Order as entered by the Court, defendant shall submit to the Commission a truthful sworn statement, in the form shown on Appendix A, that shall acknowledge receipt of this Order.

XIII. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this matter for the purpose of enabling the parties to apply to the Court at any time for such further orders and directions as may be necessary or appropriate for the interpretation, modification or enforcement of this Order, or for the punishment of violations thereof.

SO ORDERED, this day of , 19 .

A. Joe Fish
United States District Judge

The parties, by their respective counsel, hereby consent to the terms and conditions of the Order as set forth above and consent to the entry thereof.

GARY D. KENNEDY
Oklahoma Bar No. 004961
W. DAVID GRIGGS
Texas Bar No. 08491100
Federal Trade Commission
1999 Bryan Street, Suite 2150
Dallas, Texas 75201
(214) 979-9379 (Kennedy)
(214) 979-9378 (Griggs)
(214) 953-3079 (Facsimile)
ATTORNEYS FOR PLAINTIFF
FEDERAL TRADE COMMISSION
J. TODD TIDMORE

PHILIP I. PALMER, JR.
Texas Bar. No. 15438000
ATTORNEY FOR DEFENDANT
Palmer & Palmer, P.C.
Suite 1510, 1201 Main Street
Dallas, Texas 75202
(214) 748-1211 (voice)
(214) 748-7920 (facsimile)

APPENDIX A

UNITED STATES DISTRICT COURT

_______________ DISTRICT OF ______________
FEDERAL TRADE COMMISSION,
Plaintiff,

v.

DEFENDANT, et al.
Defendants.

CIVIL ACTION NO.

AFFIDAVIT OF DEFENDANT --------

[Name of defendant], being duly sworn, hereby states and affirms as follows:

1. My name is_______________________. My current residence address is ______________________________________________________. I am a citizen of Canada and am over the age of eighteen. I have personal knowledge of the facts set forth in this Affidavit.

2. I am a defendant in FTC v. Defendant, et al. (United States District Court for the _____________ District of _____________).

3. On [date], I received a copy of the [state full name of the Final Order as it appears on the Order itself], which was signed by the Honorable [name of U.S. District Judge] and entered by the Court on [date of entry of Order]. A true and correct copy of the Order I received is appended to this Affidavit.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on [date], at [city and state].

___________________________________

[Full name of defendant]

State of ____________________, City of ____________________

Subscribed and sworn to before me

this _____ day of _________, 199___.

_____________________________

Notary Public
My Commission Expires:
_____________________________