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FTC v JAMES THOMPSON and SUSAN GERMEK Click to find out why . . .



Keywords & Phrases
CaseNo: FVJTASG186375, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION II, Plaintiff: FTC, State: IL Illinois, UniqueCaseRef: LCD>FVJTASG186375, Consumers, Auction, Auction Accounts, Thompson, Internet Auction, Act, Bidders, Germek, Att, Identities, Ebay, Goods, Ftc, Credit Card, Merchandise, Telephone Order, Third Parties, Asset, Practices, Ftc Act, Mail Boxes, Relief, Bank Accounts, Account, Violations, Buyer, Winning Bidders, Commission, Authorization, Innocent Consumers, Restraining, Seller, Unauthorized Charges, Defrauding, Federal Trade Commission, Web Sites, Telephone Order Rule, Temporary Restraining, Computer Software , ContentID: 120255019

Case Documents
1 2003-04-16 TEMP REST ORDER
[ see first page and extracted highlights below  ] ItemID: 132214
12 pages
PDF
2 2003-04-15 MEMORANDUM
[ see first page and extracted highlights below  ] ItemID: 132213
15 pages
PDF
3 2003-04-15 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 132212
8 pages
PDF
Total Documents: 3 documents , 35 pages
Price: $ 29.95


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1 . TEMP REST ORDER

EXTRACTED KEY WORDS
ASSET
ACCOUNT
COMMISSION
RESTRAINING
GOODS
COURT
TEMPORARY RESTRAINING
BUSINESS
CONSUMERS
PURSUANT
DEPOSIT
CONTROL
ACT
REPORTS
CREDIT
INTERNET AUCTIONS
DISPOSING
TELEPHONE ORDER
CIVIL PROCEDURE
RELIEF
PLAINTIFF
TRANSACTIONS
BANK
AFFILIATES
POSSESSION
NATURE
ADVERTISING
EVIDENCE
TRANSFERS
                                  UNITED  STATES  DISTRICT              COURT
                         FOR  THE  NORTHERN              DISTRICT       OF  ILLINOIS
                                             EASTERN  DMSION


                                                              1
FEDERAL  TRADE  COMMISSION,                                   1
                                                              1
                                    Plaintiff,                )  Case No. 03  C 2541
                                                              1
                           V.                                 )  Judge  George  W. Lindberg
                                                              1
JAMES  D.  THOMPSON  and                                      )  Magistrate  Judge  Morton  Denlow
SUSAN  B.  GERMEK,                                            >
                                                              )
                                    Defendants.               1


                TEMPORARY          RESTRAINING          ORDER  WITH  ASSET  FREEZE,
                            OTHER  EQUITABLE             RlELIEF  AND  ORDER
                       SETTING  PRELIMINARY                INJUNCTION         HEARING

         Plaintiff  Federal  Trade  Commission  ("Commission"  or  "FTC'),  pursuant  to  Section 

of  the  Federal  Trade  Commission  Act  ("FTC  Act"),  15 U.S.C.  5  53(b),  filed  a  Complaint 

Injunctive  and  Other  Equitable  Relief,  including  consumer  redress,  and  moved  ex parte 

Temporary  Restraining  Order  ("TRO")  and  Other  Equitable  Relief,  and  for  an  Order 

preliminary  injunction  hearing  pursuant  to Rule  65  of  the Federal  Rules of  Civil  Procedure

                                            FINDINGS  OF  FACT

        The Court has considered the Complaint,  declarations, exhibits  and memorandum  of law

in  support  of  the Commisson's  motion  and finds  that:

         1.     This  Court  has jurisdiction  over  the subject matter of  the case, and there is

to  believe  that the  Court  will  have jurisdiction  over  the parties;

        2.       Venue  properly  lies with  this Court;


         3.       There  is good  cause to believe  that Defendants  James D. Thompson  and  Susan

Germek  have  engaged  in  and  are likely  to  engage in  acts and practices that  violate 

SNIPPETS:
  • Plaintiff Federal Trade Commission,
  • of the Federal Trade Commission Act, 15 U.S.C. 5 53, filed a Complaint for
  • Injunctive and Other Equitable Relief, including consumer redress, and moved ex parte for a
  • preliminary injunction hearing pursuant to Rule 65 of the Federal Rules of Civil Procedure
  • This Court has jurisdiction over the subject matter of the case,
  • There is good cause to believe that Defendants James D. Thompson and Susan B.
  • Order Merchandise Rule" ("the Telephone Order Rule"), 16 C.F.R. Part 435, and that the
  • ability to grant effective final relief for consumers in the form of monetary redress will
  • evidence set forth in the FTC's Ex Purte Motion for Temporary Restraining Order,
  • and destruction of evidence, that the Commission seeks to prevent through its application for
  • Internet auctions after winning bidders send payment.
  • Federal Rule of Civil Procedure 34, and includes writings, drawings, graphs, charts,
  • "Asset" or "Assets" means any legal or equitable interest in, right to, or claim to, any
  • "Material" means likely to affect a person's choice of, or conduct regarding, goods
  • "Plaintiff' means the Federal Trade Commission.
  • Defendants have in their possession or under their control goods or services
  • IT IS FURTHER ORDERED that in connection with the advertising, promotion,
  • assigning, spending, withdrawing, or otherwise disposing of any funds, property, coins,
  • savings and loan institution, credit card processing agent or with any broker-dealer, escrow
  • Archer Bank
  • IT IS FURTHER ORDERED that any financial or brokerage institution, business entity
  • or person having possession, custody or control of any records of any Defendant, or of any
  • safe deposit box, or other asset titled in the name of any Defendant, either individually or
  • except for transfers or withdrawals directed by further order of this Court;
  • The balance of each account or a description of the nature and value of each
  • accountants' reports, general ledgers, general journals, cash receipts ledgers, cash
  • data which, in reasonable &tail, accurately and fairly reflect the transactions and
  • or the business transactions of the Defendants' affiliates or subsidiaries;

  • 2 . MEMORANDUM

    EXTRACTED KEY WORDS
    CONSUMERS
    AUCTION
    AUCTION ACCOUNTS
    THOMPSON
    ACT
    INTERNET AUCTION
    BIDDERS
    GERMEK
    ATT
    IDENTITIES
    EBAY
    FTC
    CREDIT CARD
    THIRD PARTIES
    GOODS
    MAIL BOXES
    TELEPHONE ORDER
    BANK ACCOUNTS
    WINNING BIDDERS
    PRACTICES
    INNOCENT CONSUMERS
    PLAINTIFF
    UNAUTHORIZED CHARGES
    DEFRAUDING
    FEDERAL TRADE COMMISSION
    AUTHORIZATION
    TELEPHONE ORDER RULE
    COMPUTER SOFTWARE
    UNFAIR PRACTICES
    
                                                    UNITED  STATES  DISTRI-                       COURT
                                            FOR  THJZ  NORTHERN                   DJSI`RI~        OF 
                                                                EASTJWNDMSION
    
    
                                                                                      1
               FEDEFtAL  TRADE  COMMISSION,                                           1
                                                                                      1
                                                     Plaintiff,                       )
                                                                                      1          
                                             V.                                       1
    
              JAMES  D. THOMPSON  and
               SUSAN  B. GERMEK,
    
                                                     Defendauts.
    
    
    
     Z'.            _      ~~EMOFWNI&JM  SUPP@~~`~S                                              
    -:.  -lTplPoRARYREs                     -G                 OyE&          OTHEIi  kQUITABLE         
                    -T
                    A       H         A                k  `-
             .I                                        a-.       y ~ ,".                    !
                                                                    :-,,  3,.
                    :                                  `:  .I;  .:&OD~~~N
    
                           Plaintiff  Federal Trade Commission ("FT'C'3 seeks to halt an Inwiet 
    
              operation that has bilked hundreds of consume113
                                                                                  out of tens of
    
             list items for sale on Intemet auction Web sites such as eBay and Yahoo! Auctions. 
    
             theu accept rnoq?y from  %inning"  bidders but fail  to provide consumers with  the
    
             goods. Defendants' acts are basically theft.
    
                           To facilitate  their fraud and hide their true identity, Defendants have
    
             auction accounts and identities, including  identities stolen from innocent consumers.
    
             the identities of innocent consumers, Defendants have registered Internet auctions
    
             opened postal mail  boxes and bank accounts to assist the fraud  The third parties whose
    
             identifying information  was stokn  by Defendants have been wrongly accused of defrauding
    
    
    
    SNIPPETS:
  • Plaintiff Federal Trade Commission ("FT'C'3 seeks to halt an Inwiet auction fraud
  • list items for sale on Intemet auction Web sites such as eBay and Yahoo!
  • Defendants' acts are basically theft.
  • auction accounts and identities, including identities stolen from innocent consumers.
  • opened postal mail boxes and bank accounts to assist the fraud The third parties whose
  • Defendants' deceptive and unfair practices, freezing Defendants' assets, granting expedited
  • Defendants' actions violate the FTC Act, 15 U.S.C. 5 45, which prohibits unfair and deceptive
  • Defendant James D. Thompson has conducted Internet auction
  • Defendant Susan B. Germek began assisting
  • Thompson in conducting Internet auction transactions in July 2002.
  • ' Internet auctions are conducted on Internet auction houses that facilitate online
  • The seller must register by providing his or her name, address, phone number, e-mail address
  • accepted money from winning bidders and not sent the items.
  • (Id, Att.
  • Thompson placed computer software and printers up for auction.
  • Without Sink's authorization or knowledge,
  • Germek opened up at least two bank accounts and at least two
  • were often instructed to send payment in the name of Angela Sink at postal mail boxes opened
  • Some of these third parties have been wrongly accused of defrauding consumers and have
  • Defendants are violating the FTC Act and Mail and Telephone Order
  • actions have resulted in innocent consumers receiving unauthorized charges on their credit
  • Telephone Order Rule protects consumers from unscrupulous sellers by prohibiting the

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    DEFENDANTS
    FTC ACT
    CONSUMERS
    INTERNET AUCTION
    VIOLATIONS
    BUYER
    RELIEF
    SELLER
    COURT
    WEB SITES
    PRACTICES
    INJURY
    REFUND
    TRANSACTS
    SALE
    PAYMENT
    ACCOUNTS
    PRACTICES SET
    AUTHORIZATION
    DECEPTIVE ACTS
    NORTHERN DISTRICT
    UNITED STATES
    INJUNCTIONS
    COMPLAINT
    PLAINTIFF
    SOLICITATION
    NUMEROUS INSTANCES
    SHIP
    BIDS
    
                                                                                                RECEIVED
                                      UNITED  STATES  DISTRICT             COURT
                            FOR  THE  NORTHERN             DISTRICT       OF  ILLINOIS
                                                 EASTERN  DIVISION                                   
    
    
    
    FWEML           TRADE  COMMISSION,                           1
                                                                 1
                                        Plaintiff,               1
                                                                 1       Case No.
                              V.                                 1
    
                                                                 )
    JAMES  D. THOMPSON  and                                      1
    SUSAN  B.  GERMEK,                                           1
                                                                 1
    
    
    
    
               COMPLAINT             FOR  INJUNCTIVE       AND  OTHER  EOUITABLE               RELIEF
    
            Plaintiff,  the Federal  Trade  Commission  (`FTC"  or  "the  Commission")  for  its
    
    alleges as follows:
    
             1.       The  FTC  brings  this  action  under  Sections  13(b)  and  19  of  the  Federal
    
    Commission  Act  ("FTC  Act"),  15 U.S.C.  $5  53(b)  and  57b, to  secure preliminary  and
    
    injunctive  relief,  rescission  of  contracts,  restitution,  disgorgement,  and  other  equitable
    
    defendant's  violations  of  Section  S(a) of  the FTC  Act,  15 USC.  Q 45(a),  and the FTC's 
    
    Telephone  Order  Merchandise  Rule"  (the  "Rule"),  16 C.F.R.  Part 435.
    
    
    
            2.        This  Court  has jurisdiction  over  this matter pursuant  to  28 USC.  # 
    
    and  1345, and 15 U.S.C.  $8  53(b)  and 57b.
    
    
             3.      Venue in the United  States District  Court for  the Northern  District  of
    
     under  28 U.S.C.  9  1391(b),  and  15 U.S.C.  $53(b),
    
                                                    PLAINTIFF
    
    SNIPPETS:
  • Plaintiff, the Federal Trade Commission for its Complaint
  • injunctive relief, rescission of contracts, restitution, disgorgement, and other equitable
  • defendant's violations of Section Sof the FTC Act,
  • Telephone Order Merchandise Rule",
  • Venue in the United States District Court for the Northern District of Illinois is proper
  • in the deceptive acts and practices set forth in this Complaint.
  • Thompson transacts or has transacted
  • At all times material to this Complaint, Defendants have maintained a substantial
  • Since at least early 1999, Thompson has opened multiple accounts on Internet auction
  • Web sites to sell merchandise.
  • using personal information of third parties without their authorization.
  • with would-be buyers sending bids through electronic mail to the web site.
  • and sellers typically communicate with each other via electronic mail about the terms of
  • the form of a personal check or money order, and the seller ships the merchandise to the
  • Defendants have offered various merchandise for sale on Internet auction Web sites,
  • In numerous instances, after receiving payment from the auction winner, Defendants
  • Defendants have defraudednumerous consumers, causing tens of thousands of dollars
  • Defendants for use in conjunction with this scheme have suffered injury.
  • buyer within the time stated on the solicitation, or, if no time is stated, within thirty
  • receive a prompt refund (as defined in 16 C,F.R.
  • to the buyer whenever the seller has failed to ship within the specified time period and has
  • and preliminary injunctions and an order freezing Defendants' assets;
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