UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
JEWELWAY INTERNATIONAL, INC., an Arizona Corporation,
BRUCE A. CARUTH, individually and as an officer of JewelWay
International, Inc.,
ROBERT J. CHARETTE, JR., individually and as an officer of JewelWay
International, Inc., and ROBERT J. CHARETTE, JR., and ANGELA D.
CHARETTE, Husband and Wife, and
DONILYN A. WALDEN, individually and as an officer of JewelWay
International, Inc., and
GREG G. STEWART, an individual, and GREG G. STEWART AND BEVERLY
STEWART, Husband and Wife,
Defendants.
CV-97-383 TUC JMR
STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AS TO
DEFENDANTS JEWELWAY INTERNATIONAL, INC., BRUCE A. CARUTH, ROBERT J.
CHARETTE, JR., ANGELA D. CHARETTE, DONILYN A. WALDEN, GREG G. STEWART,
AND BEVERLY STEWART
Plaintiff, the Federal Trade Commission ("Commission or FTC"), filed
its Complaint and Ex Parte Motion for a Temporary Restraining Order
and other equitable relief on June 24, 1997. The Court partially
granted plaintiff's request for a temporary restraining order on June
25, 1997. The parties stipulated to entry of a preliminary injunction
on July 1, 1997.
The Complaint charged defendants JewelWay International, Inc., Bruce
A. Caruth, Robert J. Charette, Jr., Donilyn A. Walden, and Greg G.
Stewart with violations of Section 5 of the Federal Trade Commission
Act ("FTC Act"), 15 U.S.C. § 45. The Commission and defendants
JewelWay International, Inc., Bruce A. Caruth, Robert J. Charette,
Jr., Donilyn A. Walden, and Greg G. Stewart, and relief defendants
Angela D. Charette and Beverly Stewart, represented by the attorneys
whose names appear hereafter, have agreed to entry of this Stipulated
Final Judgment and Order for Permanent Injunction ("Order") by the
Court to resolve all matters in dispute in this action, without
SNIPPETS:
UNITED STATES DISTRICT COURT
BRUCE A. CARUTH, individually and as an officer of JewelWay International, Inc.,
DONILYN A. WALDEN, individually and as an officer of JewelWay International, Inc., and
GREG G. STEWART, an individual, and GREG G. STEWART AND BEVERLY STEWART, Husband and Wife,
Defendants.
Plaintiff, the Federal Trade Commission ("Commission or FTC"), filed its Complaint and Ex
The Court partially granted plaintiff's request for a temporary restraining order on June 25,
The Commission and defendants JewelWay International, Inc., Bruce A. Caruth, Robert J.
e of law or fact herein.
"Multi-level marketing program" means any marketing program in which sales revenue comes
Under this definition, sales to businesses or corporations connected to the company or to its
ed an internal sale from the time of sale and shall not be considered a retail sale for any purpose
This definition also requires that the company institute and enforce rules to ensure it is
IT IS THEREFORE ORDERED that defendants, their successors, assigns, officers, agents,
ng, promoting, offering for sale, or sale of any pyramid marketing program, except that defendants
IT IS FURTHER ORDERED that defendants, their successors, assigns, officers, agents, servants,
pay refunds according to the following terms, which must be disclosed in a clear and conspicuous
Defendants shall give each new representative a written verification form at the time such
Continuing to retain any person, whether as an employee, distributor, independent contractor,
The Commission's agreement to this Order is expressly premised upon the truthfulness,
The parties hereby stipulate and agree, without further notice to any of them, to entry of
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