United States of America v. Internet Transaction Services, Inc.

Filing 94

STIPULATED ORDER FOR PERMANENT INJUNCTION AND FINAL JUDGMENT AS TO DEFENDANT ERIC BAUER by Judge John F. Walter. IT IS ORDERED that Defendant, his agents and attorneys, and all other persons in active concert or participation with him, who receive actual notice of this Order by personal service or otherwise, are permanently restrained and enjoined. SEE ORDER FOR DETAILS. (iv)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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UNITED STATES OF AMERICA,
Plaintiff,
v.
INTERNET TRANSACTION
SERVICES, INC., et al.,
Defendants.

Civil Case No. 21-6582-JFW (KSx)
STIPULATED ORDER FOR
PERMANENT INJUNCTION AND
FINAL JUDGMENT AS TO
DEFENDANT ERIC BAUER

On August 13, 2021, the United States of America filed its Complaint for

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Temporary Restraining Order, Preliminary and Permanent Injunctions, and Other

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Equitable Relief (the “Complaint”) against Defendant Eric Bauer (“Defendant”)

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and other named Defendants, pursuant to 18 U.S.C. § 1345, based on Defendants’

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alleged violations of 18 U.S.C. §§ 1343, 1344, and 1349. On August 20, 2021, the

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Court issued its Order granting the United States’ Ex Parte Application for a

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Temporary Restraining Order. On September 2, 2021, the Court issued a

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Preliminary Injunction.
The United States and Defendant stipulated to the entry of this Stipulated

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Order for Permanent Injunction (“Order”). Defendant entered into the Stipulation

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freely and without coercion. Defendant further acknowledged that he has read the

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provisions of the Stipulation and this Order, understands them, and is prepared to

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abide by them. Per the parties’ agreement, the Stipulation and this Order resolve

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only the claims against Defendant in the above-captioned civil lawsuit. They do

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not prevent the United States from pursuing criminal penalties against Defendant

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in relation to the conduct alleged in the Complaint, nor does Defendant’s

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Stipulation constitute evidence that Defendant committed the acts alleged in the

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Complaint, or in any way prejudice Defendant’s ability to contest the allegations in

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the Complaint in a future proceeding.
Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that:

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FINDINGS

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A.

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This Court has jurisdiction over the subject matter of this case and

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there is good cause to believe that it will have jurisdiction over all parties hereto

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and that venue in this district is proper.
B.

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The United States seeks injunctive relief pursuant to 18 U.S.C. §

1345.

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C.

Defendant neither admits nor denies any of the allegations in the

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Complaint. Only for purposes of this action, Mr. Bauer admits the facts necessary

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to establish jurisdiction.
DEFINITIONS

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For the purpose of this Order:

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A.

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“Asset” means any legal or equitable interest in, right to, or claim to,

any property, wherever located and by whomever held.
B.

“Corporate Entities” means Defendants Internet Transaction

Services, Inc., Intertrans.com, Inc., and each of the “Shell Entities” defined below.
C.

“Payment Processing Services” means handling credit card

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transactions, debit card transactions, Automated Clearing House (ACH)

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transactions, check transactions, money orders, or cash transactions.

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D.

“Person” means any individual, corporation, a partnership, or any

other entity.
E.

“Receiver” means Thomas W. McNamara, and any deputy receivers

that shall be named by him.
F.

“Receivership Entities” means Defendants Internet Transaction

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Services, Inc.; Intertrans.com, Inc.; as well as any other entity that has conducted

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any business related to Intertrans’ participation in the scheme that is the subject of

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the Complaint in this matter, including receipt of Assets derived from any activity

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that is the subject of the Complaint in this matter, and that the Receiver

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determines is controlled or owned by Intertrans.

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G.

“Shell Entities” means Defendants Be a Kloud LLC; Blue Water

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LLC; CBX International Inc. (Delaware); CBX International, Inc. (Florida); Delta

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Cloud LLC; Dollar Web Sales LLC; ECloud Secure LLC; Eastgate View LLC; I-

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Support Group LLC; My Kloud Box LLC; Newagecloudservices LLC; NRG

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Support LLC; Silver Safe Box LLC; Silver Safe Box Inc.; Storage VPN LLC; and

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VPN Me Now LLC.
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ORDER

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I.

PROHIBITED ACTIVITIES
IT IS ORDERED that Defendant, his agents and attorneys, and all other

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persons in active concert or participation with him, who receive actual notice of

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this Order by personal service or otherwise, are permanently restrained and

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enjoined from:

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A.

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Committing or conspiring to commit wire fraud, as defined by 18

U.S.C. §§ 1343 and 1349;
B.

Committing or conspiring to commit bank fraud, as defined by 18

U.S.C. §§ 1344 and 1349;
C.

Charging or debiting any person or entity on behalf of any Shell

Entities or for the purported purchase of any Shell Entities’ services;
D.

Debiting funds from consumers’ bank accounts without their prior

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authorization;

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E.

Engaging in any tactics to avoid fraud and risk monitoring programs

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established by any financial institution, payment processors, or the operators of any

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payment system, including by using sham transactions, such as the “micro

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transactions” described in the Complaint, to reduce a bank account’s return or

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chargeback rate, or by using shell corporations to open bank accounts;

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F.

Incorporating or creating any corporate entity for the purpose of

debiting funds from consumers’ bank accounts without their prior authorization;
G.

Selling, renting, leasing, transferring, or otherwise disclosing, the

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name, address, birth date, telephone number, email address, credit card number,

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bank account number, Social Security number, IP address, or other financial or

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identifying information of any person that any Defendant obtained in connection

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with any activity that pertains to the subject matter of this Order; and

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H.

Providing any support or substantial assistance to any Person that

Defendant knows is engaged in any of the above activities.
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II.

COOPERATION WITH RECEIVER AND ASSET FREEZE
Assets held by Defendant on behalf of any Corporate Entity, Receivership

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Entity, or Co-Defendant shall remain frozen. This includes: all Assets in bank

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accounts that Defendant opened at the behest of Edward Courdy, Guy Benoit, or

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another Co-Defendant; all Assets in bank accounts that were used to hold the

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Assets of a Corporate Entity or a Receivership Entity, including Add-On Coupon

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Services, Cloudforce, Discount Coupon Sales, Ecloud Secure, Gigatech, I-Data

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Kloud, Merchant Coupon Sales, Myterabytes, Redeem Coupons, Redeem Coupons

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Now, Tech Connect, or Unlimited Tech Direct; and all Assets in bank accounts

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that have been used to charge unauthorized debits or to pay the “micro

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transactions” described in the Complaint.

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All other Assets belonging to Defendant shall be unfrozen and released to

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his control. Upon receiving proof that a bank account has not been used in the

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fraud scheme, the government shall assist Defendant in securing the release of that

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account to Defendant’s control.

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For any frozen Assets within the control of Defendant, his agents and

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attorneys, and/or all other persons in active concert or participation with him,

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Defendant shall:

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A.

Hold, preserve, and retain within his control and prohibit the

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withdrawal, removal, alteration, assignment, transfer, pledge, encumbrance,

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disbursement, dissipation, relinquishment, conversion, sale, or other disposal of

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any Asset, as well as all Documents or other property related to such Assets,

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except by further order of this Court or by direction of the Receiver;

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B.

Fully cooperate with and assist the Receiver in taking and maintaining

possession, custody, or control of the Receivership Entities’ Assets; and

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If Defendant becomes aware of an account within his control which contains

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frozen Assets subject to this Order, and which Defendant has not already disclosed

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to the United States, Defendant will promptly disclose that account to the United
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States. The required disclosure may be provided by emailing Postal Inspector

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Ashlea Bowens at [e-mail].

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III.

For a period of five (5) years after the date of entry of this Order, Defendant

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COMPLIANCE MONITORING

must notify the United States if he:
A.

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Creates, operates, is employed by, or otherwise becomes involved in

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any business or entity that provides, or consults or provides advice regarding

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Payment Processing Services;
B.

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Creates, operates, is employed by, or otherwise becomes involved in

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any business or entity that monitors return or chargeback rates for any other

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business or corporate entity; and/or provides advice or consulting on how to lower

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or manage return or chargeback rates for any business or corporate entity;
C.

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Creates, operates, is employed by, or otherwise becomes involved in

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any business or entity that purports to offer cloud computing services, identity theft

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protection services, or technology support services;
D.

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Creates, operates, or exercises control over any business entity,

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whether newly formed or previously inactive. Defendant must also provide the

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United States with a written statement disclosing: (1) the name of the business

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entity; (2) the address and telephone number of the business entity; (3) the names

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of the business entity’s officers, directors, principals, managers, and employees;

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and (4) a detailed description of the business entity’s intended activities.

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IV.

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ORDER ACKNOWLEDGMENTS
It is further ordered that within fifteen (15) days after entry of this Order, the

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Defendant is ordered to submit to Postal Inspector Ashlea Bowens a written

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acknowledgement of receipt of this Order sworn under penalty of perjury. The

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statement shall be addressed to:

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Postal Inspector Ashlea Bowens

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U.S. Postal Inspection Service
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P.O. Box 7404

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Washington, DC 20044-7404

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V.

MODIFICATION OF ORDER
This Order shall not be modified except in writing by the United States and

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Defendant and approved by the Court.

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IV.

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RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this

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matter for all purposes.

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SO ORDERED

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DATED this 10th day of November, 2021

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________________________

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United States District Judge

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