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Federal Trade Commission v. Alban

United States District Court, D. Maryland

March 24, 2014

FEDERAL TRADE COMMISSION, Plaintiff,
v.
MANUEL AND LOLA ALBAN, et al., Defendants.

MEMORANDUM AND ORDER RE: INJUNCTIVE RELIEF

MARVIN J. GARBIS, District Judge.

The Court issues this Memorandum and Order as its statement of reasons in support of the injunctive relief provided hereby against Defendants Manuel Alban and Lola Alban ("the Albans") and Loma International Business Group, Inc. ("Loma")[1] in compliance with Rule 65(d) of the Federal Rules of Civil Procedure.

I. BACKGROUND

In the Bench Trial Decision [Document 181], the Court found:

1. That Defendants Manuel Alban and Lola Alban and Loma International Business Group, Inc.[2] violated Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).
2. That Defendants Manuel Alban and Lola Alban and Loma International Business Group, Inc. are jointly and severally liable.
3. That the Court shall grant injunctive relief against Defendants Manuel Alban and Lola Alban and Loma International Business Group, Inc. pursuant to Section 13(b) of the FTC Act, 15 U.S.C. § 53(b).
4. That the Court shall include within the said injunctive relief, appropriate monetary obligations.
5. That further proceedings... are necessary to address:
a. The terms of the said injunctive relief, and
b. Issues pertaining to the monetary obligations to be imposed.

Id. at 1-2 (footnote number modified).

The Court has conducted further proceedings, including an evidentiary hearing, has considered the evidence presented at trial and the supplemental hearing and the arguments of counsel. The Court has made its factual findings based on its evaluation of the evidence and the reasonable inferences drawn therefrom.

II. DISCUSSION

The FTC presented a Proposed Final Judgment and Order for Monetary Relief Against Loma International Business Group, Inc., Manuel Alban, and Lola Alban (the "Proposed Order")[filed herewith as the Proposed Order] including:

• Introductory statement with findings
• Definitions
• An Order with eleven sections:
I. Ban on Providing Immigration Services
II. Prohibition Against Misrepresentations
III. Monetary Judgment
IV. Customer Information
V. Monitorship Termination
VI. Updating Customer Contact Information
VII. Order Acknowledgments
VIII. Compliance Reporting
IX. Recordkeeping
X. Compliance Monitoring
XI. Retention of Jurisdiction

The Proposed Order was reviewed with counsel on the record of the supplemental hearing. The objections[3] asserted by the Albans are addressed herein as are certain modifications to the Proposed Order made by the Court in the Permanent Injunction issued herewith.

A. Injunction Sections

For reasons stated on the record of proceedings held, as supplemented herein:

• Introductory statement with findings: The section has been replaced with a Findings section containing a statement of jurisdiction and the violation found.
• Definitions: No change.
• I. Ban on Providing immigration Services: No changes.
• II. Prohibition Against Misrepresentations: Clarification of part II.A. that the reference therein is to the Defendants' education, etc.
• III. Monetary judgment: See Section B below.
• IV. Customer Information: Modified pursuant to discussion with counsel. Because the monitor took over all records, reference to customer information was modified to refer to any form that Defendants may now have in their possession.
• V. Monitorship Termination: Modified pursuant to discussion with counsel. The Monitor shall turn over records and information it has to the Commission rather than destroy it. The reference to payment of funds was removed.
• VI. Updating Customer Contact Information - removed pursuant to discussion and modifications of section V.
• VII. Order Acknowledgments - VII.B.: The Albans' request for a "carve out" of World Class Packaging is denied.
• VIII. Compliance Reporting - 15 years reduced ...

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