District court’s entry of a civil contempt order against defendant for violations of a prior permanent injunction enjoining him from using deceptive and misleading sales practices is affirmed where: 1) district court did not abuse its discretion in denying defendant’s motion for a hearing on the issue of damages and disgorgement as he was afforded due process during the civil contempt proceedings and was given notice and ample opportunity to be heard on the issues of damages and disgorgement, as well as on the issue of FTC’s calculation of his profits from the scheme; 2) district court did not abuse its discretion or err in adopting the receiver’s calculation of defendant’s proceeds; 3) defendant’s challenge to the district court’s order compelling him to turn over property in Nevada is rejected; and 4) there was no error in ordering defendant to turn over assets in his IRA.
Read Fed. Trade Comm’n v. Neiswonger, No. 08-3077
Submitted: April 16, 2009
Filed: September 9, 2009
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