The entire episode with the former debt relief guys from the Sanctuary Belize action by the FTC is coming to a conclusion.
Andris Pukke, Peter Baker, Luke Chadwick, and John Usher have all been swatted back by the court.
There are two favorite sections of the Opinion just released by the Court.
“After nearly three years of litigation, the overriding concern at this stage is to steer the case “safely into the harbor of judgment.”
And then there is this section about Luke Chadwick.
“Chadwick asks the Court to amend its findings of fact concerning the 2015 affidavit he submitted in connection with Pukke’s violation of supervised release hearing, which falsely represented that, as far as Chadwick knew, Pukke had not used the Marc Romeo alias from 2012 to 2015. ECF No. 1020 at 75 n.36. In a too clever by half display of revisionist history, Chadwick now argues that the declaration was not in fact false or misleading because he was not aware that Pukke, himself, had used the alias during that time.
Three facts confirm that Chadwick’s painfully strained reading is untenable. First, he does not deny that he and others-used the Marc Romeo alias in referring to Pukke. Second, no matter how much he tries to minimize it, Chadwick cannot explain away a December 2012 email in which a Sanctuary Belize salesperson stated: “Luke Chadwick and Marc Romeo, our two main developers here in California would like to speak with you.” ECF No. 1152 at 11 (quoting PX 985). Chadwick and Pukke are both copied—with Pukke using the deceptive email address “[email protected]” Id at 11; see also ECF No. 1020 at 124 (detailing additional communications). Any reasonable trier of fact could infer that Pukke authorized the use of his alias at that time and Chadwick knew it. Third, and perhaps most importantly, Chadwick also invoked his Fifth Amendment privilege against self-incrimination when asked on deposition whether his 2015 declaration was false/ECF No. 1152 at 10-11. Months after the fair, he attempts to make a clean breast and deny the apparent falsehood. There is no basis to credit Chadwick’s late-conceived theory and his motion is DENIED.”
Can This Finally Please Be Over?
It seems almost guaranteed that the defendants in this case brought by the Federal Trade Commission (FTC) will force this to see the light of day yet again. The penalties are so large.