United States v. Sussman, No. 09-4023; Third Circuit; opinion by Greenberg, U.S.J.C.; filed March 6, 2013. Before Judges Greenaway, Greenberg and Cowen. On appeal from the District of New Jersey, No. 2-08-cr-00891-001. [Sat below: Judge Debevoise.] DDS No. 14-8-xxxx [55 pp.]
The Federal Trade Commission brought a civil action against Barry Sussman and two companies he controlled pursuant to § 13(b) of the Federal Trade Commission Act, 15 U.S.C. § 53(b), and § 814(a) of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692l(a), based on their debt-collection activities. The district court granted a temporary restraining order and then a preliminary injunction that, inter alia, prohibited the opening of defendant’s safe deposit box at the Bank of New York branch in Secaucus. A final order granted the FTC a judgment of $10,204,445, directed it to use the proceeds recovered on the judgment for equitable relief to defendants’ victims and then to transfer any remaining funds to the U.S. Treasury, and ordered the BNY to transfer the gold coins in the safe deposit box to the FTC.
