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1
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ORDER
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EXTRACTED KEY WORDS
JUDGMENT ORDER SUMM GILL EXS CONSUMERS CONTEMPT SUMMARY JUDGMENT ORDER MURKEY PACTS PROCEDURAL HISTORY COMPL RESPONSE SUPPL STAHL DECL PGS AMOUNT CONSUMER INJURY CIR COURT REFUND MONEY VIOLATION COMFORT OBSOLETE |
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 FEDERAL TRADE COMMISSION CV-98- 1436 LGB (Mcx)
12 Plaintiff,
13 v. ORDER HOLDING DEFENDANTS
14 IN CONTEMPT OF
1999 FINAL ORDER AND
15 KEITH GILL, ET AL. ORDERING SANCTIONS
16 Defendants. -1 f Docketed
17 2Copies / NTC
JS-5/JS-6
18 ' 5/$S;/JS-3
I:. INTRODUCTION
19
On November 4, 1999, the Court granted summary
20 Plaintiff, Federal Trade Commission ("FTC") and held that the
21
22 Jefendants, Keith Gill ("Gill") and Richard Murkey
23 inlawfully sold credit repair service. The Court's
prohibited Defendants from engaging in the credit
24
25 and related activities. Defendants bring the instant
26 application for an order to show cause why Defendants
27 3e held in contempt of the Court's Order.
I
28
1 II. PACTS AND PROCEDURAL HISTORY
2 A. THE PARTIES
3 Defendant Gill is a licensed attorney
4 sole practitioner at the Law Offices of Keith
5 Order at 2. In addition to a general law
6 offered credit repair services to consumers
7 Defendant Murkey is a retired attorney. See
8 conjunction with Gill's office, Murkey had offered
9 services to consumers. S&e id.
10 While this litigation was pending, Murkey
11 the Credit Restoration Corporation of America,
12 Stahl Decl., Ex. 18 at 248, 252. The CRCA is a
13 organization whose articles of incorporation
14 that its "specific purposes, without limitation,
15 and educate consumers on legitimate ways to
16 good credit." .$e-e Stahl Decl., Ex. 20.
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2
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ORDER GRANTING FTC MOTION
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EXTRACTED KEY WORDS
DEFENDANTS ACT REPORT FTC REPAIR COURT MURKEY RIGHTFAX DISTRICT PLAINTIFF CONSUMERS LAW JUDGEMENT MISLEADING PRACTICE FEDERAL TRADE COMMISSION BUSINESS REPRESENTATION CR0 ACT DISPUTE PARTIES EVIDENCE PAYMENT REPORTING GENUINE CONTRACT COUNSEL KEITH GILL CRA |
I *i. US District Court LA 1114199
RightFAX
1
2 THIS DOhJMENT WASSERVEC) 6"
Crl ALL COUNSEL (C)R PARTIES AT T
hDD3ESS OF RECORD)
3
4
6
UNITED
CENTRAL
L1
10
11 FEDERAL TRADE COMMISSION
Cv-98-1436 LGB (MCx)
12 Plaintiff,
13 V.
ORDER GRANTING FEDERAL
I.4 - ,_ .A---
TRAJJE COMMISSION'S MOTION
KEITH GILL, an individual
FOR SUMMARY JUDGMENT
15 business as the Law Offices
Keith Gill, and RICHARD MURKEY, an
16 individual,
THE CONSTITUTES NOTICE 0~ ENTRY
17 Defendant.
-I
-~~
AS kJ!IRED BYFRC?, RULE77(d).
18
I. INTRODUCTION
19
Defendants run a
tises that it can remove
20
"negative information"
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3
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COMPLAINT
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EXTRACTED KEY WORDS
CREDIT DEFENDANTS CONSUMERS CREDIT REPAIR CRO ACT CREDIT REPORTS FTC ACT PRACTICES RELIEF VIOLATIONS FEDERAL TRADE COMMISSION CREDIT REPAIR ORGANIZATIONS GILL COURT BUSINESS CHARGE-OFFS PERMANENT DECEPTIVE ACTS SALE PLAINTIFF DISTRICT KEITH GILL COMPLAINT INJUNCTION AFFECTING COMMERCE PERMANENTLY REMOVING BANKRUPTCIES LIENS JUDGMENTS PAYMENTS |
GREGORY W. STAPLES
JENNIFER LARABEE
JOHN D. JACOBS
RAYMOND E. MCKOWN
Federal Trade Commission
10877 Wilshire Boulevard, Suite 700
Los Angeles, California 90024
(310) 824-4343
Attorneys for Plaintiff
FEDERAL TRADE COMMISSION
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
FEDERAL TRADE COMMISSION
Plaintiff,
v.
KEITH H. GILL, an individual doing business as the Law Offices of
Keith Gill, and RICHARD MURKEY, an individual,
Defendants.
CIVIL NO.
COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission ("Commission"), by its
undersigned attorneys, alleges as follows:
1. The Commission brings this action under Sections 13(b) and 19 of
the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and
57b, and Section 410(b) of the Credit Repair Organizations Act ("CRO
Act"), 15 U.S.C. § 1679h(b), to obtain preliminary and permanent
injunctive relief, restitution, rescission, disgorgement and other
equitable relief for defendants' deceptive acts or practices in
connection with the sale and offering for sale of credit repair
services in violation of Section 5(a) of the FTC Act, 15 U.S.C.
45(a), and the CRO Act , 15 U.S.C. § 1679 et seq.
JURISDICTION AND VENUE
2. This Court has jurisdiction of this matter pursuant to 28 U.S.C.
1331, 1337(a), and 1345, and 15 U.S.C. §§ 53(b), 57b and 1679h((b).
3. Venue in this district is proper under 28 U.S.C. §§ 1391(b) and
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4
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ORDER TEMP - MURKEY
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EXTRACTED KEY WORDS
TEMPORARY RECEIVER ASSETS MURKEY CRCA REQUEST COMMISSION RELIEF CREDIT RESTORATION HEREBY RECEIVERSHIP DEFENDANT CONTEMPT COURT PROVISIONAL RELIEF PREMISES CONTROL POSSESSION TRADE COMMISSION ORDER TEMPORARILY FREEZING EMPLOYEES CREDIT RESTORATION CORPORATION KEITH GILL IMMEDIATE ACCESS IND EXPEDITED DISCOVERY HEREBY GRANTS LOCAL RULE FINANCIAL INSTITUTION COMMODITY TRADING COMPANY DULY AUTHORIZED AGENTS PARTNERSHIP |
t
`, c 5 UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
lf WESTERN DIVISION
q CV-98- 1436 LGB (Mcx)
i -I? D ,RAL TRADE COMMISSION, ;
,I ORDER TEMPORARILY FREEZING
Plaintiff, I OF DEFENDANT MURKEY AND CRCA,
*j I3 APPOINTING TEMPORARY RECEIVER
j!- i OVER CRCA, AUTHORIZING
0 v. ACCESS TO CRCA AND EXPEDITED
..--+ i DISCOVERY, AND GRANTING OTHER
H. GILL, et al., 1 PROVISIONAL RELIEF
16 i
Defendants. ) [j.FIbER SEACJ
17
18 Plaintiff Federal Trade-Commission (FTC or Commission) has filed an ex
19 Application) for an order to show cause why Richard Murkey (IMurkey). Credit
20 zorporation of America, Inc. (CRCA). and Keith Gill (Gill) should not be held in
21 ~ourt's November 4, 1999 order granting Federal Trade Commission's motion for
22 udgment (Final Order). The FTC's application includes a request for provisional
23 .esolution of the OSC. including an order temporarily freezing the assets of
23 appointing a temporary receiver over CRCA, and allowing immediate access to
2.5 ind expedited discovery
26
27
28
1 This Court, having considered the FTC's applicat'on. including the moving
; exhibits offered in support of the Application, hereby GRANTS the FTC's request
7 relief based on the findings set forth below and issues the following Order:
4 FINDINGS
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5
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ORDER GRANTING PLTFFS
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EXTRACTED KEY WORDS
LELD IRK STANDARD NONPARTY LARM PLAINTIFF |
1
2
3
4
8 UNITED STATES DISTRICT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 FEDERAL TRADE COMMISSION CV-98-1436
12 Plaintiff, [UNDER
13 V. ORDER
EX PARTE
14 OSC WHY
15 KEITH GILL, ET AL. NOT BE
NOV. 4,
16 Defendants. AND
INCLUDING
17 APPOINTMENT
RECEIVER,
18 AUTHORIZING
ACCESS AND
19 DISCOVERY
20
21
I. INTRODUCTION
22
On November 4, 1999, the Court granted
23
Plaintiff, Federal Trade Commission ("FTC")
24
Defendants, Keith Gill ("Gill") and Richard
25
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