United States of America v. John Armbruster, No. 2:2020cv10835 - Document 8 (C.D. Cal. 2020)
Court Description: STIPULATED ORDER FOR PERMANENT INJUNCTION AND FINAL JUDGMENT filed by Judge John F. Walter. It is hereby ORDERED, ADJUDGED, AND DECREED that: FINDINGS This Court has jurisdiction over this matter and the parties pursuant to 18 U.S.C. 1345 and 28 U.S.C. 1331 and 1345. Venue is proper in this District under 28 U.S.C. 1391(b)(1) and (2) because defendant resides in this district and because a substantial part of the events or omissions giving rise to the claims alleged in the Complaint occurred in this district. IT IS ORDERED that Defendant is PERMANENTLY PROHIBITED, RESTRAINED, and ENJOINED from, directly or indirectly, engaging, participating or assisting in any prize promotion fraud and money transmitting business. (MD JS-6. Case Terminated) (iv)
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United States of America v. John Armbruster 1 Doc. 8 16 GUSTAV W. EYLER Director, Consumer Protection Branch MAX J. GOLDMAN Trial Attorney U.S. Department of Justice Consumer Protection Branch 450 Fifth Street, NW, Suite 6400S Washington, D.C. 20001 Telephone: (202) 353-7664 Email: Max.J.Goldman@usdoj.gov NICOLA T. HANNA United States Attorney DAVID M. HARRIS, AUSA Chief, Civil Division DAVID K. BARRETT, AUSA Chief, Civil Fraud Section LISA A. PALOMBO, AUSA (SBN 169119) Room 7516, Federal Building 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-4042 Facsimile: (213) 894-7819 E-mail: Lisa.Palombo@usdoj.gov 17 Attorneys for Plaintiff United States of America 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 19 20 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 21 22 UNITED STATES OF AMERICA, 23 Plaintiff, 24 v. 25 26 JS-6 No. 2:20-CV-10835-JFW-Ex STIPULATED ORDER FOR PERMANENT INJUNCTION AND FINAL JUDGMENT John Armbruster, individually, Defendant. 27 28 Dockets.Justia.com 1 Plaintiff United States (the “United States”) commenced this action against 2 Defendant, John Armbruster (“Defendant”) by filing a civil Complaint seeking an 3 injunction pursuant to 18 U.S.C. § 1345. Plaintiff’s Complaint alleged Defendant was 4 violating or was about to violate 18 U.S.C. § 1343 by executing a scheme or artifice to 5 defraud, or for obtaining money or property by means of false or fraudulent 6 representations with the intent to defraud using interstate wire communications. 7 The United States and Defendant stipulated to the entry of a Stipulated Order for 8 Permanent Injunction (“Order”), lodged concurrently with this Stipulation, with the 9 terms and provisions below to resolve the claims in the Complaint. Defendant, pro se, 10 entered into this Stipulation freely and without coercion. Defendant further 11 acknowledges that he has read the provisions of this Stipulation, understands them, and 12 is prepared to abide by them. Defendant waives service of the Complaint and Summons. 13 Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that: 14 I. FINDINGS 1. 15 This Court has jurisdiction over this matter and the parties pursuant to 18 16 U.S.C. §1345 and 28 U.S.C. §§1331 and 1345. Venue is proper in this District under 28 17 U.S.C. § 1391(b)(1) and (2) because defendant resides in this district and because a 18 substantial part of the events or omissions giving rise to the claims alleged in the 19 Complaint occurred in this district. 20 2. The United States seeks injunctive relief pursuant to 18 U.S.C. § 1345. 21 3. Defendant neither admits nor denies the allegations in the Complaint. Only 22 for purposes of this action, Defendant admits that the Court has jurisdiction as to 23 Defendant and as to this action. 24 II. 25 DEFINITIONS For purposes of this Consent Decree: 26 a. “Defendant” means John Armbruster. 27 b. “Person” mean and individual, corporation, a partnership, or any 28 2 1 other entity. 2 c. “Funds” include any currency, check, money order, stored value card, 3 stored value card numbers, bank wire transmission or other monetary 4 value. 5 d. “Prize promotion fraud” means a plan, program, promotion, or 6 campaign that is conducted to mislead a prospective victim of victims 7 to believe that they have won, or may or will win or receive, a 8 sweepstakes, contest, lottery, prize, inheritance, money, property, 9 other thing of value, contingent on the victim providing, or providing 10 a means of accessing or obtaining, any fee. 11 e. “Money transmitting business” refers to a person who, for a fee or 12 other remuneration, receives funds from one person for the purpose 13 of transmitting the funds, or providing access to the funds, to another 14 person. 15 f. “Fee” refers to a payment or compensation of any kind regardless of 16 how the payment or compensation is labeled, including but not 17 limited to processing fees, services fees, expediting fees, purchase 18 fee, nominal fees, symbolic payments, gifts, and gratuities. 19 III. PROHIBITED CONDUCT IT IS ORDERED that Defendant is PERMANENTLY PROHIBITED, 20 21 RESTRAINED, and ENJOINED from, directly or indirectly, engaging, participating or 22 assisting in any prize promotion fraud and money transmitting business. 23 IV. 24 ORDER ACKNOWLEDGMENTS It is further ordered that within fifteen (15) days after entry of this Order, the 25 Defendant is ordered to submit to Postal Inspector Jeffrey Hedrick a written 26 acknowledgement of receipt of this Order sworn under penalty of perjury. The statement 27 shall be addressed to: 28 3 1 U.S. Postal Inspector Jeffrey Hedrick 2 U.S. Postal Inspection Service 3 P.O. Box 22793 4 Long Beach, CA 90801 5 V. MODIFICATION OF THE ORDER This Order shall not be modified except in writing by Plaintiff and the Defendant 6 7 and approved by the Court. 8 VI. 9 10 RETENTION OF JURISDICTION IT IS FURTHER ORDERED that this Court retains exclusive jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. 11 12 SO STIPULATED AND AGREED 13 FOR PLAINTIFF UNITED STATES OF AMERICA 14 GUSTAV W. EYLER Director, Consumer Protection Branch 15 16 17 18 19 20 21 22 23 /s/ Max J. Goldman MAX J. GOLDMAN Trial Attorney Consumer Protection Branch 450 Fifth Street, NW, Suite 6400S Washington, D.C. 20001 Telephone: (202) 598-5119 Email: Max.J.Goldman@usdoj.gov FOR DEFENDANT JOHN ARMBRUSTER 24 25 26 27 28 Date: November 20, 2020 Date: So Ordered Dated: December 18, 2020 UNITED STATES DISTRICT JUDGE
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