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FTC v KEITH GILL Click to find out why . . .



Keywords & Phrases
CaseNo: FVKG76790, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: CA California, UniqueCaseRef: LCD>FVKG76790, Credit, Act, Murkey, Temporary Receiver, Report, Ftc, Repair, Assets, Consumers, Crca, District, Rightfax, Federal Trade Commission, Judgement, Misleading, Practice, Relief, Request, Commission, Keith Gill, Representation, Credit Repair, Cro Act, Credit Restoration, Hereby, Contempt, Credit Reports, Cr0 Act, Receivership Defendant, Ftc Act, Dispute, Practices, Parties, Provisional Relief, Premises, Control, Violations, Credit Repair Organizations, Evidence, Possession, Gill, Payment, Reporting , ContentID: 120247476

Case Documents
1   ORDER
[ see first page and extracted highlights below  ] ItemID: 117835
28 pages
PDF
2   ORDER GRANTING FTC MOTION
[ see first page and extracted highlights below  ] ItemID: 117832
63 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 117831
7 pages
HTML
4 1999-11-04 ORDER TEMP - MURKEY
[ see first page and extracted highlights below  ] ItemID: 117834
14 pages
PDF
5 1999-11-04 ORDER GRANTING PLTFFS
[ see first page and extracted highlights below  ] ItemID: 117833
17 pages
PDF
Total Documents: 5 documents , 129 pages
Price: $ 39.95


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1 . ORDER

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.             
SNIPPETS:
  • II. PACTS AND PROCEDURAL HISTORY
  • 14 through the CRCA.
  • See Summ.
  • 24 Judgment Order on November 10, 1999 and that Gill signed a return
  • 22 Murkey's Answer to Compl.
  • 15 show that consumers who call the CRCA in response to the
  • See Suppl.
  • Stahl Decl.
  • 25, pgs.
  • 20 7-8, 39, Exs.
  • 'for contempt.
  • 15 amount of consumer injury.
  • 20 (11th Cir.
  • The Summary Judgment Order was based on
  • 20 The Court also orders Murkey and CRCA to refund all money
  • 28 the violation.
  • 19 and comfort.
  • and not obsolete

  • 2 . ORDER GRANTING FTC MOTION

    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"                           
    
    SNIPPETS:
  • US District
  • RightFAX
  • 6" fY'-Crl ALL COUNSEL R PARTIES AT T
  • 11 FEDERAL TRADE COMMISSION
  • KEITH GILL, an individual
  • JUDGMENT
  • Defendants
  • The FTC brings
  • under the Credit
  • Act for defendants'
  • who does business
  • as the Law Offices
  • law practice,
  • credit 7 repair
  • services to consumers
  • Defendant a Murkey is a retired
  • credit report
  • 28 This dispute
  • -2-' US District Court LA 11/4/99
  • Genuine
  • what plaintiff
  • PAYMENT ISSUES
  • their contract.
  • evidence of delinquencies
  • or misleading,
  • THE FAIR CREDIT REPORTING ACT
  • a CRA is entitled,
  • Act ("CR0 Act")

  • 3 . COMPLAINT

    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
    
    SNIPPETS:
  • Federal Trade Commission
  • UNITED STATES DISTRICT COURT
  • FOR THE CENTRAL DISTRICT OF CALIFORNIA
  • Keith Gill, and RICHARD MURKEY, an individual,
  • COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
  • Plaintiff, the Federal Trade Commission, by its undersigned attorneys, alleges as follows:
  • The Commission brings this action under Sections 13and 19 of the Federal Trade Commission the CRO Act, 15 U.S.C. § 1679 et seq.
  • The Commission is charged, inter alia, with enforcement of Section 5of the FTC Act, 15 U.S.C.
  • The Commission also enforces the CRO Act.
  • The Commission is authorized to initiate federal district court proceedings, by its own
  • Defendant Keith Gill is an individual who conducts business as the Law Offices of Keith Gill
  • At all times material to this complaint, acting alone or in concert with others, he has
  • At all times relevant to this complaint, defendants have maintained a substantial course of
  • Since at least 1995, defendants have advertised, promoted, offered for sale, and sold credit
  • Consumers have contacted defendants by telephone and have been told that defendants can
  • Defendant Murkey regularly appears on the program discussing his offices can improve credit
  • "It doesn't make a difference what type of negative you have: We have files in our offices
  • VIOLATIONS OF THE CREDIT REPAIR ORGANIZATIONS ACT
  • In numerous instances, in connection with the performance of services for consumers by a , late payments, foreclosures, repossessions, and other negative information from consumers' credit
  • Sections 13and 19 of the FTC Act, 15 U.S.C. §§ 53and 57b, and Section 410of the CRO Act, 15

  • 4 . ORDER TEMP - MURKEY

    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
    
    SNIPPETS:
  • 19 Application) for an order to show cause why Richard Murkey.
  • and Keith Gill should not be held in contempt of this
  • The FTC's application includes a request for provisional relief pending
  • including an order temporarily freezing the assets of Murkey and CRCA,
  • 23 appointing a temporary receiver over CRCA, and allowing immediate access to CRCA's
  • exhibits offered in support of the Application, hereby GRANTS the FTC's request for temporary
  • that the FTC is likely to prevail in its application for contempt sanctions against
  • 24 control of either of them, and all other persons or entities in active concert or
  • owned or controlled by Defendant Murkey or Defendant CRCA, in whole or in part, or in
  • controlled by, or in the actual or constructive possession of any corporation, partnership,
  • institution or with any broker, dealer, escrow agent, title company, commodity trading
  • 21 complete and deliver to counsel for the Commission financial disclosure statements as
  • servants, employees, and attorneys, and all persons or entities directly or indirectly under
  • 24 partnership, limited partnership, joint L'enture.
  • Temporary Receiver for Credit Restoration Corporation of America, Inc., with the full power
  • The Temporary Receiver t shall be the agent of this Court and solely the agent of this Court
  • the affairs of the Receivership Defendant;
  • Receiver's duly authorized agents in the exercise of their duties or authority under any
  • P. 4 4and Local Rule 4.1) to seize the asset, document, or other thing and to deliver it to
  • 25 including facsimile transmission, upon any financial institution or other entity or person
  • receivership and other provisional relief granted herein shall be extended indefinitely until
  • XDERAL TRADE COMMISSION 21

  • 5 . ORDER GRANTING PLTFFS

    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
    
    SNIPPETS:
  • and not obsolete;
  • 12 leld:
  • Irk at 42-43.
  • 12 standard.
  • 12 i nonparty.
  • larm.
  • 12 Plaintiff.
  •    |