Federal Trade Commission v. Infusion Media, Inc. et al

Filing 157

ORDER Granting 133 Motion to Enter Judgment Holding Defendant Jonathan Eborn Liable for Full Monetary Judgment. Signed by Chief Judge Gloria M. Navarro on 6/4/2014. (Copies have been distributed pursuant to the NEF - SLR)

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BENJAMIN J. THEISMAN
[e-mail], [phone]
MICHAEL J. DAVIS
[e-mail], [phone]
FEDERAL TRADE COMMISSION
600 Pennsylvania Ave. NW, M-8102B
Washington, DC 20580
Fax: [phone]
BLAINE T. WELSH
Assistant United States Attorney
Nevada Bar No. 4790
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Attorneys for the Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,

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Plaintiff,
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v.
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INFUSION MEDIA, INC., et al.,
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Defendants.
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_______________________________________)

[Proposed Order]

[PROPOSED] ORDER HOLDING DEFENDANT JONATHAN EBORN
LIABLE FOR FULL MONETARY JUDGMENT

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Case No. 2:09-cv-01112-GMN-VCF

Having considered the Federal Trade Commission’s Motion to Enter Judgment Holding

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Defendant Jonathan Eborn Liable for Full Monetary Judgment, the Court finds and rules as

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follows:

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WHEREAS, the Stipulated Final Judgment and Order for Permanent Injunction and

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Other Equitable Relief as to Infusion Media, Inc.; West Coast Internet Media, Inc.; Two

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Warnings, LLC; Two Part Investments, LLC; Platinum Teleservices, Inc.; Jonathan Eborn;

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Stephanie Burnside; Michael McLain Miller; and Tony Norton (“Final Order”), D.E. 74,

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suspended a portion of the monetary judgment against Defendant Jonathan Eborn based on,

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among other things, true, accurate, and complete financial statements. Final Order § VIII.

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WHEREAS, Eborn made material misrepresentations on and omitted material

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information from his financial statements, including the following: (1) failing to report at least

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$61,519 in cash; (2) misrepresenting his control over other businesses; (3) failing to accurately

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report his income or his assets parked with third parties, thus hiding at least $274,828.80; and (4)

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misrepresenting his real and personal property, including his failure to accurately report his

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residence and his acquisition of over $33,100 in personal property.
WHEREAS, the Final Order states that if any Defendant made any material

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misrepresentations or omissions on their financial statements, the Court, “without further

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adjudication, shall enter a modified judgment holding the offending Defendant(s) liable to the

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Commission in the amount of $29,497,320.57 for consumer redress, less any amounts turned

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over to the” Federal Trade Commission pursuant to Section VI of the Final Order. Final Order §

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VIII.B.

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WHEREAS, pursuant to Section VI of the Final Order, the Defendants turned over to the
Federal Trade Commission $2,525,394.07 in assets.
IT IS HEREBY ORDERED, that judgment be entered against Eborn in the amount of

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$26,971,926.50. This amount is accruing interest from October 4, 2010, at the rate prescribed

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under 28 U.S.C. § 1961, as amended.
IT IS SO ORDERED.

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________________________________
UNITED STATES DISTRICT JUDGE

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June 4, 2014
DATED:_________________________

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