United States of America v. CLGE, Inc. et al

Filing 40

DEFAULT JUDGMENT in favor of United States of America against CLGE, Inc. The Clerk of the Court shall close this case. Ordered by Judge Sandra J. Feuerstein on 3/17/2016. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
-againstCLGE, INC., CHRISTINE MOUSSU,
individually, and as an officer, director, or
managing member ofi.D. Marketing
Solutions, Inc. and CLGE, Inc., I.D.
MARKETING SOLUTIONS, INC., METRO
DATA MANAGEMENT, INC. d/b/a DATA
MARKETING GROUP, LTD., and KEITHA
ROCCO, individually and as an Officer of
Metro Data Management, Inc.,

Civil Action No. 14-6792 (SJF}(GRB)
(Feuerstein, J.)
(Brown, M.J.)

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D N y

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Ml{ 17 ZQ1ij

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LONG tsLANO OFFICE

Defendants.

DEFAULT JUDGMENT PURSUANT TO FED. R. CIV. P. 55
On November 19,2014, the UNITED STATES OF AMERICA, commenced this action
against inter alia defendant CLGE, Inc. ("CLGE") by the filing of a complaint and the issuance
of summons;
The UNITED STATES alleges that CLGE engaged in an ongoing direct-mail fraud
scheme targeting consumers nationwide, and specifically that inter alia:
a. CLGE mailed solicitations to victims promoting various psychic and clairvoyant
services and purported talismans;
b. CLGE's solicitations fraudulently represented that they were personalized to the
individual recipient;
c. CLGE's solicitations fraudulently represented that psychics David Phild, Sandra
Rochefort, Antonia Donera and Nicholas Chakan had had visions or had otherwise

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United States v. CLGE, Inc., eta/., 14-CV-6792 (SJF)(GRB)
Default Judgment Pursuant to Fed. R. Civ. P. 55

determined that the individual victim had the opportunity to achieve great wealth and
happiness if they purchased the psychic's services or products;
d. CLGE's solicitations fraudulently represented that the psychic's products are unique
talismans, when in reality the products are worthless trinkets purchased in bulk and
sent to thousands of customers; and
e. In response to receiving these direct mail solicitations, thousands of American
customers had sent millions of dollars to defendants.
The UNITED STATES seeking inter alia permanent injunctive relief pursuant to 18
U.S.C. § 1345, enjoining CLGE from engaging in schemes to defraud consumers in the UNITED
STATES through direct-mail solicitations;
The Court having issued a temporary restraining order as to, inter alia, defendant CLGE,
upon the ex parte application of the UNITED STATES on November 19, 2014;
The sununons and complaint having been served upon CLGE on November 25, 2014,
and proof of service having been filed with the Office of the Clerk of the Court;
The Court having found that the unopposed evidence submitted by the UNITED
STATES demonstrated probable cause to believe CLGE was engaged in a mail fraud scheme in
violation of 18 U.S.C. § 1341, and having issued a preliminary injunction as to CLGE on
December 19, 2014;
French Counsel for CLGE having applied to appear in this matter pro hac vice, and such
application having been denied;
The Court having ordered CLGE to have counsel admitted to practice before this Court
file a notice of appearance on or before May 27,2015;
No counsel having filed a notice of appearance on behalf of CLGE to date;
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United States v. CLGE, Inc., eta/., 14-CV-6792 (SJF)(GRB)
Default Judgment Pursuant to Fed. R Civ. P. 55

CLGE having failed to answer or defend in this action;
The Court having ordered the entry of default against CLGE on May 27, 2015; and
Upon the pleadings, papers and proceedings herein to date,
NOW, on motion of the UNITED STATES, it is hereby
ORDERED AND ADJUDGED that judgment by default be entered against CLGE in
favor of the UNITED STATES pursuant to Fed. R. Civ. P. 55, permanently enjoining CLGE as
follows:
Pursuant to 18 U.S.C. § 1345 and the inherent power of this Court:

1.
i.

Defendant CLGE, its agents, officers, employees, and successors, and all
other persons and entities in active concert or participation with them are
jointly and severally permanently enjoined from committing mail fraud, as
defined by 18 U.S.C. § 1341;

n.

Defendant CLGE, its agents, officers, employees, and successors, and all
other. persons and entities in active concert or participation with them are
jointly and severally permanently enjoined from using the United States mails
or causing others to use the United States mails to distribute:
1. any advertisements, solicitations, or promotional materials on behalf
of CLGE, David Phild, Sandra Rochefort, Antonia Donera, Nicholas
Chakan or any other actual or fictional individual or entity purporting
to offer psychic, clairvoyant or astrological items or services for a fee;
2. any advertisements, solicitations, or promotional materials that
represent, directly or indirectly, expressly or impliedly, that the
recipient of the mailing was specifically selected to receive the mailing
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United States v. CLGE. Inc., eta/., 14-CV-6792 (SJF)(GRB)
Default Judgment Pursuant to Fed. R Civ. P. 55

based on a reason other than the fact that the recipient's name appears
on a mailing list;
3. any advertisements, solicitations, or promotional materials that
guarantee, directly or indirectly, expressly or impliedly, that services
or items offered for purchase will improve the consumer's financial
condition;
4. any advertisements, solicitations, or promotional materials that
represent, directly or indirectly, expressly or impliedly, that services or
items offered for purchase will enable the purchaser to win money
through the lottery or other game of chance, or will entitle the
purchaser to receive an inheritance or payment; or
5. any other false and misleading advertisements, solicitations, or
promotional materials;
iii.

Defendant CLGE, its agents, officers, employees, and successors, and all
other persons and entities in active concert or participation with them are
jointly and severally permanently enjoined from receiving or causing to be
delivered any incoming mail, at any address anywhere in the United States of
America, which is responsive to any advertisements, solicitations, or
promotional materials on behalf of CLGE, David Phild, Sandra Rochefort,
Antonia Donera, Nicholas Chakan or any other actual or fictional individual
or entity purporting to offer psychic, clairvoyant or astrological items or
services for a fee;

4

United States v. CLGE, Inc., et al., 14-CV-6792 (SJF)(GRB)
Default Judgment Pursuant to Fed. R. Civ. P. 55

iv.

Defendant CLGE, its agents, officers, employees, and successors, and all
other persons and entities in active concert or participation with them are
jointly and severally permanently enjoined from using, possessing, having
control over, or forwarding mail from or to any address, Post Office Box, or
Commercial Mail Receiving Agency (CMRA) Box, which has been used by
the Defendant CLGE or its agents to receive any incoming mail which is
responsive to any advertisements, solicitations, payments, or promotional
materials sent in the United States on behalf of any actual, or fictional
individual or entity purporting to offer psychic, clairvoyant, or astrological
items or services for a fee, including but not limited to:
1. 245 8th Ave., Box# 887, New York, NY 10011

2.1307thAve.,Box# 102,NewYork,NY 10011
3.101 W.

23n~St.,Box#

116, New York, NY 10011

4. 459 Columbus Ave., Box# 501, New York, NY 10024
v.

Defendant CLGE, its agents, officers, employees, and successors, and all
other persons and entities in active concert or participation with them are
jointly and severally permanently enjoined from selling, offering for sale,
licensing, renting, disclosing or utilizing any lists of consumers or mailing
lists of any type, knowing that such lists have been compiled from consumers
who have responded to solicitations bearing the names CLGE, David Phild,
Sandra Rochefort, Antonia Donera, or Nicholas Chakan;

vi.

Unless otherwise required to be maintained pursuant to law, defendant CLGE,
its agents, officers, employees, and successors, and all other persons and
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United States v. CLGE,lnc., eta/., 14-CV-6792 (SJF)(GRB)
Default Judgment Pursuant to Fed. R. Civ. P. 55

entities in active concert or participation with them are ordered to dispose of
any lists of consumers or mailing lists of any type compiled from consumers
who have responded to solicitations bearing the names CLGE, David Phild,
Sandra Rochefort, Antonia Donera, or Nicholas Chakan. Any third party
custodian who has possession of any such lists who receives actual notice of
this order shall dispose of such lists. To the extent such third party custodian
is required to maintain such lists as a matter oflaw, such third party custodian
shall prevent access to such lists by CLGE, its agents, officers and employees.
Disposal shall be by means that protect against unauthorized access to the
customer information, such as by burning or shredding any papers, and by
erasing or destroying any electronic media, to ensure that the customer
information cannot practicably be read or reconstructed;
vn.

Defendant CLGE, its agents, officers, employees, and successors, and all
other persons and entities in active concert or participation with them are
jointly and severally permanently enjoined from performing "caging
services," including processing direct mail payments and orders, with regard
to direct mail solicitations on behalf of CLGE, David Phild, Sandra Rochefort,
Antonia Donera, Nicholas Chakan or any other actual or fictional individual
or entity purporting to offer psychic, clairvoyant or astrological items or
services for a fee;

vm.

The United States Postal Inspection Service is authorized to open any and all
United States Mail detained by the United States Postal Inspection Service
pursuant to the Temporary Restraining Order in this matter. The United
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United States v. CLGE, Inc., eta/., 14-CV-6792 (SJF)(GRB)
Default Judgment Pursuant to Fed. R. Civ. P. 55

States Postal Inspection Service shall return any currency, bearer instruments
(including but not limited to money orders and travelers checks), and any
personal effects that can be positively identified with its sender. This return
shall include a letter notifYing the sender of the disposition of this matter,
attached here as Exhibit A. The United States Postal Inspection Service is
authorized to destroy any and all remaining detained mail matter (including
but not limited to envelopes, order forms, correspondence, personal checks,
and payment card information (PCI)).
IT IS FURTHER ORDERED that this order shall constitute a final judgment and order in
this action as to defendant CLGE.

1h. C\~r\o( of -tht.- Col.)..d .:5\'tt.l.ll c. lose.. +hI;,
SO ORDERED this I J t:hday of

HO.rL h
•

, 2016.

s/ Sandra J. Feuerstein

I[J.NDRA

Hd'NORABLE
J. FEUERSTEIN
UNITED STATES DISTRICT JUDGE

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C.ClSU

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United States v. CLGE, Inc., eta/., 14-CV-6792 (SJF)(GRB)
Default Judgment Pursuant to Fed. R. Civ. P. 55

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EXHIBIT A

®

UNITED STATES POSTAL INSPECTION SERVICE

DOJ MAIL FRAUD TEAM

2015

Re:

United States of America, Plaintiff v. CLGE, Inc.,
Solutions, Inc., Metro Data Management, Inc., and
Civil Action Number 14-CV-6792 (SJF)

Dear Sir/Madam:

against the above
that the
Specifically, DOJ
and talismans
:ocl1ef•ort Antonia Donera, and Nicholas
of consumers' wealth and happiness.
were nothing more than form letters
in mailing lists purchased by the
tlle~led

'""'"ir:A"

On
that
things,
purported

District Court made a probable cause determination
fraud scheme described above. Among other
to detain mail sent to the defendants and
entered a permanent injunction against CLGE, Inc.,
employees, agents and successors, and others, from
astrological items or services for a fee. This injunction also
mers any currency, bearer instruments (such as money orders
sender.
that can be identified with a

r

Should you have any questions about this notice, please contact Cheryl DIJ.ffY ·. vw ith the U ..S.
.. .
~Service at [phone]. For more information, visit~-~

POBox7404
Washington, DC 20044·7404