UNITED STATES DISTRICT COURT
FEDERAL TRADE COMMISSION, Plaintiff,
GLOBAL ASSISTANCE NETWORK FOR
CIV-96-2494 PHX RCB
STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND CONSUMER REDRESS AGAINST EILEEN BELCAR AND CEDRICK ROBLES
On November 5, 1996, Plaintiff Federal Trade Commission ("Commission"), filed a complaint for permanent injunction and other relief in this matter, pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), against Global Assistance Network for Charities ("GANC"), Eileen Belcar, and Cedrick Robles ("Defendants"). Plaintiff alleged in its complaint that Defendants violated Section 5 of the FTC Act, 15 U.S.C. § 45(a) by engaging in a fraudulent charity pyramid scheme whereby they misrepresented members' earnings potential and Defendants' refund ability.
The Commission and Defendants Eileen Belcar and Cedrick Robles, by and through their counsel, have agreed to the entry of this Stipulated Final Judgment and Order for Permanent Injunction ("Final Judgment") by this Court in order to resolve all matters of dispute between them in this action. The Commission, Eileen Belcar and Cedrick Robles have consented to entry of this Final Judgment without trial or adjudication of any issue of law or fact herein.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
IT IS THEREFORE ORDERED that Defendants Eileen Belcar and Cedrick Robles, and their agents, employees, officers, servants, and attorneys, and those persons in active concert or participation with them, who receive actual notice of this Order by personal service or otherwise, are hereby permanently restrained and enjoined in connection with the promotion, advertising, offer for sale, or sale of any goods or services, from violating Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), by:
IT IS FURTHER ORDERED that Defendants Eileen Belcar and Cedrick Robles, are hereby permanently enjoined from providing to any person, except agents of the Commission or other law enforcement authorities, the name, address, telephone number, or credit card or bank account number, of any person who purchased a membership in GANC from any of the Defendants.
IT IS FURTHER ORDERED that Defendants Eileen Belcar and Cedrick Robles, are jointly and severally liable to pay to plaintiff Federal Trade Commission the sum of FOUR THOUSAND NINE HUNDRED DOLLARS ( $4,900.00) as monetary equitable relief, which shall be paid within 30 days from the date Defendants sign this Stipulated Final Judgment and Order for Permanent Injunction and Consumer Redress. Any and all funds received from Defendants may be used to provide consumer redress and pay attendant administrative expenses. If the Commission determines, in its sole and full discretion, that redress is wholly or partially impracticable, any funds not so used shall be deposited into the United States Treasury.
IT IS FURTHER ORDERED that Defendants Eileen Belcar and Cedrick Robles are hereby permanently restrained and enjoined from promoting, offering for sale, or selling any memberships or participation rights in GANC or any other multi-level marketing, investment, or charitable donation program or plan, or from holding any ownership interest, share, or stock in, or serving as an officer, director or trustee of, any business entity engaged in whole or in part in the sale of goods or services that are the subject of any multi-level marketing, investment, or charitable donation program or plan.
IT IS FURTHER ORDERED that, for a period of five (5) years commencing with the date of entry of this Final Judgment, Eileen Belcar and Cedrick Robles, each shall:
IT IS FURTHER ORDERED that Eileen Belcar and Cedrick Robles, and any successors or assigns shall, in connection with any multi-level marketing, investment, or charitable donation program or plan, for a period of five (5) years from the date of entry of this Final Judgment:
IT IS FURTHER ORDERED that all notices required of Eileen Belcar and Cedrick Robles by this Final Judgment shall be made to the following address:
IT IS FURTHER ORDERED that the Court's approval of this Final Judgment is expressly premised upon the truthfulness, accuracy, and completeness of the financial statements provided by Eileen Belcar and Cedrick Robles to counsel for the Commission. If, upon motion by the Commission, this Court finds that Eileen Belcar, or Cedrick Robles on their respective financial statements either failed to disclose any material asset, or materially misrepresented the value of any asset, or made any other material misrepresentations or omissions of assets, the Commission may request that the Final Judgment herein be reopened for the purpose of requiring additional consumer redress from that Defendant; provided, however, that in all other respects this Final Judgment shall remain in full force and effect unless otherwise ordered by this Court; and provided further, that proceedings instituted under this section are in addition to, and not in lieu of, any other civil or criminal remedies as may be provided by law, including any other proceedings the Commission may initiate to enforce this Final Judgment. Solely for the purposes of reopening or enforcing this paragraph, Eileen Belcar and Cedrick Robles waive any right to contest any of the allegations of the complaint filed in this matter.
IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for all purposes.
DATED this ___ day of ___, 19__.
ROBERT C. BROOMFIELD
The parties, directly or by their respective counsel, have read, understand and hereby consent to the terms and conditions of the Stipulated Final Judgment as set forth above and consent to the entry thereof. Eileen Belcar and Cedrick Robles waive any rights that may arise under the Equal Access to Justice Act, 28 U.S.C. § 2412.