United States of America v. Kern et al, No. 2:2018cv00283 - Document 35 (D. Nev. 2018)
Court Description: ORDER Granting 30 Stipulation Consent Decree and Final Judgment as to Defendant Kern. Signed by Judge Jennifer A. Dorsey on 4/18/2018. (Copies have been distributed pursuant to the NEF - ADR)
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United States of America v. Kern et al Doc. 35 [ECF No. 30] Dockets.Justia.com Jennifer A. Dorsey April 18, 2018 IT IS HEREBY AGREED: 2 THE UNITED STATES OF AMERICA 3 DAYLE ELIESON United States Attorney 4 TROY K. FLAKE Assistant United States Attorney 501 Las Vegas Blvd. South, Suite I 100 Las Vegas, Nevada 89101 5 6 7 CHAD A. READLER Acting Assistant Attorney General Civil Division 8 9 ETHAN P. DAVIS Deputy Assistant Attorney General 10 II GUSTAV W. EYLER Acting Director Consumer Protection Branch 12 13 JILL P. FURMAN Deputy Director 14 15 16 17 Dated: 1/ 1o IY 18 19 20 21 22 23 24 25 26 27 28 9 Exhibit A Exhibit A Certification I, ______________________, hereby declare as follows: Pursuant to Paragraph II of the Stipulated Consent Decree and Final Judgment entered on _____________, 2018 (the “Consent Decree”) in United States v. Kern, et al., 2:18-cv-000283JAD-PAL (D. Nev.) I certify as follows (check all that apply): _____ No Lists or Covered Materials in Possession or Control. As of the date of the Consent Decree, I did not have in my possession or control any Covered Materials, as defined in the Consent Decree, or any Customer Lists, as defined in the Consent Decree. _____ Lists Provided to Legal Counsel. Pursuant to the Consent Decree, I have provided to my legal counsel all Covered Materials and Customer Lists. The materials provided to legal counsel are as follows: Materials (describe) Counsel Name, Address, and Point of Contact (Attach additional sheets if necessary) [Continued on next page] 1 of 3 Date Provided _____ Requests to Third Parties. On the dates and in the manner listed below, I instructed the individuals identified below to provide to counsel for the United States all Covered Materials and Customer Lists, to the extent such individual has or had any such lists in his or her possession, and not to retain copies of any such materials or lists. I indicate below whether the individual, as of the date of this certification, has confirmed that he or she has complied with this directive and the date of such confirmation. Name of Third Party (name of corporate entity, if applicable, and address) Name of entity/individual contacted: Address: Communication of Instruction Date: Response Confirmed lists and Covered Materials destroyed Manner (e.g., phone, mail, email): Name of individual responding: Date of confirmation: Manner communicated (e.g., phone, mail, email): or No response received within five business days Name of entity/individual contacted: Date: Confirmed lists and Covered Materials destroyed Address: Manner (e.g., phone, mail, email): Name of individual responding: Date of confirmation: Manner communicated (e.g., phone email): or No response received within five business days (Attach additional sheets if necessary) 2 of 3 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Dated _________, and executed at __________. ______________________ Signature ______________________ Typed or Printed Name and Title State of [STATE] County of [XXX] ) ) ss.: ) On the _____ day of _________ in the year 2018, before me, the undersigned notary public, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public/State of [STATE][ 3 of 3 Exhibit B Exhibit B UNITED STATES POSTAL INSPECTION SERVICE DOJ MAIL FRAUD TEAM [Date] First Name, Last Name Address 1 Address 2 City, State Zip Re: United States of America v. Kern, et al. Civil Case No: 2:18-cv-000283-JAD-PAL Dear Sir/Madam: We are writing you because you previously mailed [merge field—money/bearer instrument/personal item and specific amount of remission] in response to a letter claiming you were entitled to receive a cash prize. We are returning your [merge field—money/bearer instrument/personal item and specific amount of remission]. The United States Department of Justice (DOJ) has filed civil charges against Patricia Kern; Advanced Allocation System, Inc.; Distribution Reporting Center, Inc.; Global Data Funding, Inc.; Marketing Image Direct, Inc.; Montgomery Marketing, Inc. LLC.; North American Disbursement Agency, Inc.; Pacific Allocation Systems, Inc.; Special Money Managers, Inc.; All American Awards, Inc.; Golden Products Service, Inc.; Edgar Del Rio; NSD Products, Inc.; Sean O’Connor; Epifanio Castro; New Generation Graphics, Inc.; Andrea Burrow; Stephen Fennell; and Neptune Data Services, Inc. The case, filed in the District of Nevada, alleged that the defendants conducted a scheme to defraud consumers through the mail. Specifically, DOJ alleged that the defendants solicited payments from consumers by sending letters representing that the recipient was entitled to receive a large cash prize or other valuable prize in return for a payment in the range of $20 to $30. DOJ alleged that these representations were fraudulent and that consumers who sent in payments did not receive the promised cash or prizes. The letters were sent in the names of multiple different companies and individuals. On February 20, 2018, the United States District Court made a determination that DOJ could likely succeed in proving that defendants were engaging in a fraudulent scheme. On _______ 2018, the District Court entered a permanent injunction against the defendants, prohibiting them from mailing advertisements representing that a consumer is entitled to receive a prize in return for a payment. This injunction also requires the U.S. Postal Inspection Service to return to consumers any currency or bearer instruments (such as money orders or travelers checks). Enclosed, please find the [merge field—money/bearer instrument and specific amount of remission] that was able to be identified as belonging specifically to you. Should you have any questions about this notice, please contact Sabrina Holmes with the U.S. Postal Inspection Service at (202) 616-5634. For more information, visit [insert URL for press release website.] PO Box 7404 Washington, DC 20044-7404
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