Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 1 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 1 of 20
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`
`Federal 'h'nde Commission. and
`
`Stale of Ohio ex rel.Altorney General
`Dave Yosl.
`
`lil'- I 9-CV» l (NJ-KC
`
`IPROPOSIZD]
`STIPULATED ORDER FOR
`
`PERMANENT INJUNCTION AS TO
`DEFENDANTS WISSAM JAIJL AND
`TRIPLETEL. INC.
`
`Plaintiffs.
`
`V-
`
`Educare Centre Services, Inc.. a New
`Jersey corporation. also dba Credit Card
`Services. Card Services. Credil Card
`Financial Services. Care Net, Triplelel
`lne.. Revit Educ Srvc. L.L. Vision. Cure
`Value Services, and Card Value Services.
`
`'Ileelel. lue.. a Delaware
`corporation.
`
`Prolink Vision, S.R.L., :1
`Dominican Republic limiled
`liability company.
`
`9896988 Canada Inc.. a
`Canadian company,
`
`Globe; Telecom, Inc., a Nevada
`
`corporation.
`
`9506276 Canada. [new dba
`Globcx Telecem. lne.. a
`
`Canadian company.
`
`Sam Mad]. individually and as
`an owner. ol‘liecr. member. nndfor
`manager of Educare Centre
`Services. Inc..
`
`Mohammad Souhcll and:
`Mohammed Souhell and Mike
`Souhell. individually and as an
`owner. ofl'icer. member. andfer
`manager of Educare Cenlre
`Services. Inc., 9896088 Canada.
`
`lnc.. Gl_o_bex Telecemz lne.I
`
`_
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 2 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 2 of 20
`
`9506276 Canada, Inc., and
`Prolink Vision, S.R.L.,
`
`Wissam Abedel Jalil alk/a Sam
`
`Jalil, individually and as an
`owner, officer, member, and/or
`manager of Tripletel, Inc., and
`Prolink Vision, S.R.L.,
`
`Charles Kharouf, individually
`and as an owner, officer, member,
`and/or manager of Educare
`Centre Services, Inc., and
`Prolink Vision, S.R.L.,
`
`Defendants.
`
`Plaintiffs, the Federal Trade Commission (“FTC” or “Commission”) and the State
`
`of Ohio, (collectively, “Plaintifi‘s”) filed its First Amended Complaint for Permanent
`
`Injunction and Other Equitable Relief GECF No. 81) pursuant to Section 13(b) of the FTC
`
`Act, 15 U.S.C. § 53(b), the Telemarketing and Consumer Fraud and Abuse Prevention
`
`Act (”Telemarketing Act”), 15 U.S.C. §§ 6101—6108, the Ohio Consumer Sales Practices
`
`Act (“CSPA”), O.R.C. 1345.07, and the Ohio Telephone Solicitation Sales Act
`
`(“TSSA”), O.R.C. 4719.01 et seq. Plaintiffs and Defendants Wissam Jalil and Tripletel,
`
`Inc. (“Jalil Defendants”) stipulate to the entry of this Stipulated Order for Permanent
`
`Injunction and Monetary Judgment (“Order”) to resolve all matters in dispute in this
`
`action between them.
`
`THEREFORE, IT IS ORDERED as follows:
`
`This Court has jurisdiction over this matter.
`
`FINDINGS
`
`The First Amended Complaint charges that the Jalil Defendants participated in
`
`1.
`
`2.
`
`acts or practices that violated Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), the
`
`\oooqom-tswm
`
`10
`11
`
`12
`
`13
`
`14
`
`15
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`28
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 3 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 3 of 20
`
`Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, the Ohio CSPA, O.R.C. 1345.01
`
`et seq., and the Ohio TSSA, O.R.C. 4719.01 et seq.
`
`3.
`
`The Jalil Defendants neither admit nor deny any of the allegations in the First
`
`Amended Complaint, except as specifically stated in this Order. Only for purposes of this
`
`action, the Jalil Defendants admit the facts necessary to establish jurisdiction.
`
`4.
`
`The Jalil Defendants waive any claim that they may have under the Equal Access
`
`to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the
`
`date of this Order, and agree to bear their own costs and attorney fees.
`
`5.
`
`The Jalil Defendants and Plaintiffs waive all rights to appeal or otherwise
`
`challenge or contest the validity of this Order.
`
`DEFINITIONS
`
`For the purpose of this Order, the following definitions shall apply:
`
`A.
`
`“Corporate Defendant” means Tripletel, Inc. and each of its subsidiaries,
`
`affiliates, successors, and assigns.
`
`B.
`
`“Debt Relief Product or Service” means any product, service, plan or program
`
`represented, expressly or by implication, to renegotiate, settle, or in any way alter the
`
`terms of payment or other terms of the debt or obligation between a consumer and one or
`
`more creditors or debt collectors, including a reduction in the balance, interest rate, or
`
`fees owed by a consumer to a creditor or debt collector.
`
`C.
`
`“Defendants” means Prolink Vision, S.R.L., 9896988 Canada, Inc., Educare
`
`Centre Services, Inc., Tripletel, Inc., Mohammad Souheil, Sam Madi, Charles Kharouf,
`
`Wissam Jalil, Globex Telecom, Inc., and 9506276 Canada, Inc., individually,
`
`collectively, or in any combination.
`
`,_.
`
`~000qupr
`
`wuameww—QEESSGEEEZS
`
`NNNNNNNNN
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 4 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 4 of 20
`
`D.
`
`“Document” is synonymous in meaning and equal in scope to the usage of
`
`“document” and “electronically stored information" in Federal Rule of Civil Procedure
`
`34(a), Fed. R. Civ. P. 34(a), and includes writings, drawings, graphs, charts, photographs,
`
`sound and video recordings, images, Internet sites, web pages, websites, electronic
`
`correspondence, including e-mail and instant messages, contracts, accounting data,
`
`advertisements, FI‘P Logs, Server Access Logs, books, written or printed records,
`
`handwritten notes, telephone logs, telephone scripts, receipt books, ledgers, personal and
`
`business canceled checks and check registers, bank statements, appointment books,
`
`computer records, customer or sales databases and any other electronically stored
`
`information, including Documents located on remote servers or cloud computing
`
`systems, and other data or data compilations fi'om which information can be obtained
`
`directly or, if necessary, afier translation into a reasonably usable form. A draft or non-
`
`identical copy is a separate Document within the meaning of the term
`
`E.
`
`“Person” means any natural person or any entity, corporation, partnership, or
`
`association ofpersons.
`
`F.
`
`“Receiver” means the receiver appointed in Section VIII ofthis Order and any
`
`deputy receivers that shall be named by the Receiver.
`
`G.
`
`“Seller” means any Person who, in connection with a Telemarketing transaction,
`
`provides, offers to provide, or arranges for others to provide goods or services to a
`
`customer in exchange for consideration.
`
`H.
`
`“Telemarketer” means any Person who, in connection with Telemarketing,
`
`initiates or receives telephone calls to or from a customer or donor.
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 5 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 5 of 20
`
`I.
`
`“Telemarketing” means any plan, program, or campaign that is conducted to
`
`induce the purchase of goods or services or a charitable contribution by use of one or
`
`more telephones.
`
`ORDER
`
`I.
`
`DEBT RELIEF PRODUCT OR SERVICE BAN
`
`IT IS THEREFORE ORDERED that the Jalil Defendants are permanently
`
`restrained and enjoined from advertising, marketing, promoting, or offering for sale, or
`
`assisting in the advertising, marketing, promoting, or offering for sale of any Debt Relief
`
`Product or Service, including any credit card interest rate reduction service.
`
`I].
`
`TELEMARKETING BAN
`
`IT IS FURTHER ORDERED that the Jalil Defendants are permanently
`
`restrained and enjoined from participating in Telemarketing to the United States, whether
`
`directly or through an intermediary.
`
`III.
`
`PROHIBITED MISREPRESENTATIONS AND OMISSIONS
`
`IT IS THEREFORE ORDERED that the Jalil Defendants and their oflicers,
`
`agents, and employees, and all other Persons in active concert or participation with them,
`
`who receive actual notice of this Order by personal service or otherwise, whether acting
`
`directly or indirectly, in connection with the advertising, marketing, promoting, or
`
`offering for sale of any goods or services, are restrained and enjoined from
`
`misrepresenting or assisting others in misrepresenting, expressly or by implication, any
`
`material fact, including, but not limited to:
`
`A.
`
`Misrepresenting, or assistng others in misrepresenting, expressly or by
`
`implication, any of the following:
`
`\DOOxJO'an-hUJNH
`
`NNNNNNNNNi—‘D—‘r—‘Hi—Il—tl—Il—Ir—ti—lOOHOflLh-hDJNv-‘OKDOOQQMAWNHO
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 6 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 6 of 20
`
`1.
`
`Any material aspect of the nature or terms of the Seller’s refund,
`
`cancellation, exchange, or repurchase policies, or
`
`2.
`
`Any other fact material to consumers concerning any good or service, such
`
`as: the total costs; any material restrictions, limitations or conditions; or any
`
`material aspect of its performance, efficacy, nature, or central characteristics;
`
`B.
`
`Representing, or assisting others in representing, expressly or by implication, the
`
`benefits, performance, or efficacy of any good or service, unless the representation is
`
`non-misleading, and, at the time such representation is made, the Jalil Defendants possess
`
`and rely upon competent and reliable evidence to substantiate that the representation is
`
`true.
`
`IV.
`
`PROHIBITIONS 0N VIOLATING THE OHIO CSPA AND TSSA
`
`IT IS FURTHER ORDERED that the Jalil Defendants, and their officers,
`
`agents, and employees, and all other Persons in active concert or participation with them,
`
`who receive actual notice of this Order by personal service or otherwise, whether acting
`
`directly or indirectly, are permanently restrained and enjoined from engaging in unfair or
`
`deceptive acts or practices in violation of the Ohio CSPA, R.C. 1345.01 et seq. and the
`
`Ohio TSSA, O.R.C. 4719.01 et seq.
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 7 of 20
`Case 3:19-cv-00196—KC Document 272-2 Filed 09/21/20 Page 7 of 20
`
`,_..
`
`\OOOQONUI-IEUJN
`
`NNNNNNNNND—‘Hi—‘Hi—IHHHp—IH
`
`V. EQUITABLE MONETARY JUDGMENT AND PARTIAL SUSPENSION
`
`IT IS FURTHER ORDERED that:
`
`A.
`
`Judgment in the amount of $2.8 Million Dollars ($2,800,000.00) is entered in
`
`favor of Plaintiffs against the Jalil Defendants, jointly and severally, as equitable
`
`monetary relief. Full payment of the foregoing amount shall be suspended upon
`
`satisfaction of the obligations set forth in Subsection B of this Section, and subject to the
`
`conditions set forth in Subsections C-E of this Section.
`
`B.
`
`Effective upon the entry of this Order, the Jalil Defendants shall surrender to
`
`Plaintiffs or their representatives all control, title, dominion, and interest in the following
`
`assets: (1) all funds held in the HMO Harris Bank account in the name of Tripletel, Inc.
`
`ending in X3867; and (2) all Tripletel, Inc. funds in accounts in the name of Madera
`
`Merchant Services, LLC. The remainder of the judgment is suspended, subject to
`
`Subsections C, D, and E, below.
`
`C.
`
`Plaintiffs’ agreement to the suspension of part of the judgment as to the Jalil
`
`Defendants is expressly premised upon the truthfulness, accuracy, and completeness of
`
`the following sworn financial statements and related documents (collectively, “financial
`
`representations”) submitted to the Commission by the Jalil Defendants, including:
`
`1.
`
`The Financial Statement of Wissam Jalil as last updated on November 7,
`
`2019, including the attachments; and
`
`2.
`
`The Financial Statement of Tripletel, Inc. signed on November 8, 2019,
`
`including the attachments.
`
`D.
`
`The suspension of the judgment will be lifted as to any Jalil Defendant if, upon
`
`motion by the Plaintiffs, the Court finds that a Jalil Defendant failed to disclose any
`
`material asset, materially misstated the value of any asset, or made any other material
`
`7
`
`
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 8 of 20
`Case 3:19-cv-00196—KC Document 272-2 Filed 09/21/20 Page 8 of 20
`
`misstatement or omission in the financial representations identified above.
`
`E.
`
`If the suspension of the judgment is lifted, the judgment becomes immediately
`
`due as to that Jalil Defendant in the amount of $2.8 Million Dollars ($2,800,000.00)
`
`specified in Subsection A, above, which the parties stipulate represents the consumer
`
`injury alleged in the First Amended Complaint, less any payment previously made
`
`pursuant to this Section, plus interest computed from the date of entry of this Order.
`
`VI.
`
`ADDITIONAL MONETARY PROVISIONS
`
`IT IS FURTHER ORDERED that:
`
`A.
`
`The Jalil Defendants relinquish dominion and all legal and equitable right, title,
`
`and interest in all assets transferred pursuant to this Order and may not seek the return of
`
`any assets.
`
`B.
`
`The facts alleged in the First Amended Complaint will be taken as true, without
`
`further proof, in any subsequent civil litigation by or on behalf of the Plaintiffs, including
`
`in a proceeding to enforce their rights to any payment or monetary judgment pursuant to
`
`this Order, such as a nondischargeability complaint in any bankruptcy case.
`
`C.
`
`The facts alleged in the First Amended Complaint establish all elements necessary
`
`to sustain an action by the Plaintiffs pursuant to Section 523(a)(2)(A) of the Bankruptcy
`
`Code, 11 U.S.C. §523(a)(2)(A), and this Order will have collateral estoppel effect for
`
`such purposes.
`
`D.
`
`The J alil Defendants acknowledge that their Taxpayer Identification Numbers
`
`(Social Security Numbers or Employer Identification Numbers) or equivalant, which the
`
`Jalil Defendants previously submitted to the Commission, may be used for collecting and
`
`reporting on any delinquent amount arising out of this Order, in accordance with 31
`
`U.S.C. §7701.
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 9 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 9 of 20
`
`E.
`
`All money paid to the Plaintiffs pursuant to this Order may be deposited into a
`
`fund administered by the Commission or its designee on behalf of the Commission and
`
`the State of Ohio to be used for equitable relief, including comumer redress and any
`
`attendant expenses for the administration of any redress fimd. If a representative of the
`
`Plaintiffs decides that direct redress to consumers is wholly or partially impracticable or
`
`money remains after redress is completed, the Plaintiffs may apply any remaining money
`
`for such other equitable relief (including consumer information remedies) as it
`
`determines to be reasonably related to the Jalil Defendants’ practices alleged in the First
`
`Amended Complaint. Any money not used for such equitable relief shall be divided
`
`between the Commission and the State of Ohio to be deposited to the US. Treasury as
`
`disgorgement and to the Ohio Attorney General’s Telemarketing Fraud Enforcement
`
`Fund. The Jalil Defendants have no right to challenge any actions the Plaintiffs or their
`
`representatives may take pursuant to this Subsection.
`
`VII. CUSTOMER INFORMATION
`
`IT IS FURTHER ORDERED that the Jali] Defendants and their officers, agents,
`
`and employees, and all other Persons in active concert or participation with them, who
`
`receive actual notice of this Order by personal service or otherwise, are permanently
`
`restrained and enjoined from directly or indirectly:
`
`A.
`
`Failing to provide sufficient customer information to enable the Commission to
`
`efiiciently administer consumer redress- If Plaintiffs’ representative requests in writing
`
`any information related to redress, Jalil Defendant must provide it, in the form prescribed
`
`by Plaintiffs’ representative, within fourteen (14) days; and
`
`B.
`
`Disclosing, using, or benefitting from customer information, including the name,
`
`\DOOxlmUI-FDJN
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 10 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 10 of 20
`
`address, telephone number, email address, Social Security number, other identifying
`
`int‘onnation, or any data that enables access to a customer‘s account (including a credit
`
`card, bank account, or other financial account), that any Jalil Defendant obtained prior to
`
`entry of this Order in connection with any activity that pertains to marketing credit card
`
`interest rate reduction services; and
`
`C.
`
`Failing to destroy such customer information in all forms in their possession,
`
`custody, or control within thirty (30) days after receipt of written direction to do so from
`
`a representative of the Plaintifl‘s.
`
`Provided, however, that customer information need not be disposed of, and may
`
`be disclosed, to the extent requested by a government agency or required by law,
`
`regulation, or court order.
`
`VIII. APPOINTMENT OF RECEIVER
`
`IT IS FURTHER ORDERED that Robb Evans & Associates LLC is appointed
`
`as receiver of Tripletel, Inc. with full powers of an equity receiver, for the purpose of
`
`taking the necessary steps to wind down Tripletel, Inc. In carrying out these duties, the
`
`Receiver shall be the agent of this court, shall be accountable directly to this court, and is
`
`authorized and directed to:
`
`A.
`
`Perform all acts necessary to protect, conserve, preserve, and prevent waste or
`
`dissipation of Tripletel, Inc. assets, if any, until their sale;
`
`B.
`
`C.
`
`Sell Tripletel, Inc.‘s assets without further order of the court;
`
`Enter into agreements in connection with the reasonable and necessary
`
`performance of the Receiver’s duty to sell Tripletel, Inc.’s assets, including, but not
`
`VOOOsIO‘UI-hb-IN—
`
`NNNNNNNNNHi—‘HD—ll—D—‘l—‘F—F—F‘OONONMAWN—OWOO‘JO‘MAWNHO
`
`10
`
`
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 11 of 20
`Case 3:19-cv-00196—KC Document 272-2 Filed 09/21/20 Page 11 of 20
`
`limited to, the retention of assistants, agents, or other professionals to assist in the sale of
`
`these Assets;
`
`D.
`
`Distribute to the FTC, without further order of the court, the funds received from
`
`the sale of Tripletel, Inc.’s assets;
`
`E.
`
`Take any and all steps the Receiver concludes are appropriate to wind down
`
`Tripletel, Inc; and
`
`F.
`
`Store and secure Tripletel, Inc.’s records, until either entry of a final order against
`
`the last remaining Defendant in this proceeding or receipt of written direction to do so
`
`from a representative of the FTC.
`
`IX.
`
`COOPERATION
`
`IT [3 FURTHER ORDERED that the Jalil Defendants must fully cooperate with
`
`representatives of the Plaintiffs in this case and in any investigation related to or
`
`associated with the transactions or the occurrences that are the subject of the First
`
`Amended Complaint. The Jalil Defendants must provide truthful and complete
`
`information, evidence, and testimony. The Jalil Defendants must appear in person,
`
`telephonically, or via videoconference, for interviews, discovery, hearings, trials, and any
`
`other proceedings that Plaintiffs’ representative may reasonably request upon ten (10)
`
`days written notice, or other reasonable notice, at such reasonable places and times as
`
`Plaintifis’ representative may designate, without the service of a subpoena.
`
`X.
`
`ORDER ACKNOWLEDGMENTS
`
`IT IS FURTHER ORDERED that the Jalil Defendants obtain acknowledgments
`
`of receipt of this Order:
`
`11
`
`\DOOx‘IONUI-F-LNN
`
`10
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 12 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 12 of 20
`
`A.
`
`Each Jalil Defendant, within seven (7) days of entry of this Order, must submit to
`
`the Plaintiffs an acknowledgment of receipt of this Order sworn under penalty of perjury.
`
`B.
`
`For five (5) years after entry of this Order, Defendant Wissam Jalil for any
`
`business that he, individually or collectively with any other Defendant, is the majority
`
`owner or controls directly or indirectly, and each Corporate Defendant, must deliver a
`
`copy of this Order to: (1) all principals, officers, directors, and LLC managers and
`
`members; (2) all employees having managerial responsibilities for conduct related to the
`
`subject matter of the Order and all agents and representatives who participate in conduct
`
`related to the subject matter of the Order, and (3) any business entity resulting from any
`
`change in structure as set forth in the Section titled Compliance Reporting. Delivery
`
`must occur within seven (7) days of entry of this Order for current personnel. For all
`
`others, delivery must occur before they assume their responsibilities.
`
`XI.
`
`COMPLIANCE REPORTING
`
`IT IS FURTHER ORDERED that the Jalil Defendants make timely submissions
`
`to the Plaintiffs:
`
`A.
`
`One year afier entry of this Order, each Jalil Defendant must submit a compliance
`
`report, sworn under penalty of perjury:
`
`1.
`
`Each Jalil Defendant must: (3) identity the primary physical, postal, and
`
`email address and telephone number, as designated points of contact, which
`
`representatives of the Plaintiffs may use to communicate with Jalil Defendant; (b)
`
`identify all of that Jalil Defendant’s businesses by all of their names, telephone
`
`numbers, and physical, postal, email, and Internet addresses; (0) describe the
`
`activities of each business, including the goods and services offered, the means of
`
`12
`
`\OOOQONUI-kLHN
`
`1o
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 13 of 20
`Case 3:19-cv-00196—KC Document 272-2 Filed 09/21/20 Page 13 of 20
`
`advertising, marketing, and sales, and the involvement of any other Defendant
`
`(which Defendant Wissam Jalil must describe if he knows or should know due to
`
`his own involvement); (d) describe in detail whether and how that Jalil Defendant
`
`is in compliance with each Section of this Order, and (e) provide a copy of each
`
`Order Acknowledgment obtained pursuant to this Order, unless previously
`
`submitted to the Plaintifi's.
`
`2.
`
`Additionally, Defendant Wassim Jalil must:
`
`(3) identify all telephone
`
`numbers and all physical, postal, email and Internet addresses, including all
`
`residences; (b) identify all business activities, including any business for which he
`
`performs services whether as an employee or otherwise and any entity in which
`
`he has any ownership interest; and (c) describe in detail his involvement in each
`
`such business, including title, role, responsibilities, participation, authority,
`
`control, and any ownership.
`
`B.
`
`For ten (10) years afier entry of this Order, each Jalil Defendant must submit a
`
`compliance notice, sworn under penalty of perjury, within fourteen (14) days of any
`
`change in the following:
`
`1.
`
`Each Jalil Defendant must report any change in: (a) any designated point
`
`of contact; or (b) the structure of any Corporate Defendant or any entity that Jalil
`
`Defendant has any ownership interest in or controls directly or indirectly that may
`
`afi‘ect compliance obligations arising under this Order, including: creation,
`
`merger, sale, or dissolution of the entity or any subsidiary, parent, or affiliate that
`
`engages in any acts or practices subject to this Order.
`
`KOOOQQUI-bWN—t
`
`NNNNNNNNNHl—‘r—‘I—lfi—‘b—Hl—tr—Iy—n—nOO‘JO’tU‘I-hUJNt—‘OQOOQC‘MAUJNl—‘O
`
`13
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 14 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 14 of 20
`
`2.
`
`Additionally, Defendant Wassim Jalil must report any change in: (a)
`
`name, including aliases or fictitious name, or residence address; or (b) title or role
`
`in any business activity, including any business for which he performs services
`
`whether as an employee or otherwise and any entity in which he has any
`
`ownership interest, and identify the name, physical address, and any Internet
`
`address of the business or entity.
`
`C.
`
`Each Jalil Defendant must submit to the Plaintiffs notice of the filing of any
`
`bankruptcy petition, insolvency proceeding, or similar proceeding by or against such
`
`Defendant within fourteen (14) days of its filing.
`
`D.
`
`Any submission to the Plaintiffs required by this Order to be sworn under penalty
`
`of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by
`
`concluding: “I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct. Executed on:
`
`
`” and supplying the
`
`date, signatory’s full name, title (if applicable), and signature.
`
`E.
`
`Unless otherwise directed by a Plaintifl‘s’ representative in writing, all
`
`submissions to the Commission pursuant to this Order must be emailed to
`
`DEbrief@fic.gov or sent by overnight courier (not the US. Postal Service) to: Associate
`
`Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission,
`
`600 Pennsylvania Avenue NW, Washington, DC 20580; the subject line must begin:
`
`FTC et al., v. Educare Centre Services, Inc. X190039.
`
`F.
`
`Unless otherwise directed by a Plaintifl's’ representative in writing, all
`
`submissions to the Ohio Attorney General pursuant to this Order must be emailed to:
`
`Erin.Leahy@0hioAttomeyGeneral.gov or mailed to: Ohio Attorney General’s Office,
`
`\DOOMO’SM-bb-BN—
`
`NNNNNNNNNP—‘r—Ip—li—tn—In—ny—Ap—sp—AHW‘QONM-PWN—CwOOMQM-hwwflo
`
`14
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 15 of 20
`Case 3:19-cv-00196—KC Document 272-2 Filed 09/21/20 Page 15 of 20
`
`
`
`Consumer Protection Section, Attn: Compliance Unit, 30 East Broad Street, 14lh Floor,
`
`Columbus, Ohio 43215; the subject line must begin: FTC/Ohio v. Educare Centre
`
`Services, Inc.
`
`XII.
`
`RECORDKEEPING
`
`IT IS FURTHER ORDERED that the Jalil Defendants must create certain records
`
`for ten (10) years afier entry of the Order, and retain each such record for five (5) yeais.
`
`Specifically, Corporate Defendant and Defendant \Vissam Jalil for any business that such
`
`Jalil Defendant, individually or collectively with any other Defendant, is a majority
`
`owner or controls directly or indirectly, must create and retain the following records:
`
`A.
`
`B.
`
`Accounting records showing the revenues from all goods or services sold;
`
`Personnel records showing, for each Person providing services, whether as an
`
`employee or otherwise, that Person’s: name; addresses; telephone numbers; job title or
`
`position; dates of service; and (if applicable) the reason for termination;
`
`C.
`
`Records ofall consumer complaints and refiind requests, whether received
`
`directly or indirectly, such as through a third party, and any response; and
`
`D.
`
`All records necessary to demonstrate full compliance with each provision of this
`
`Order, including all submissions to the Plaintiffs.
`
`XIII. COMPLIANCE MONITORING
`IT IS FURTHER ORDERED that, for the purpose of monitoring the Jalil
`
`Defendants’ compliance with this Order, including the financial representations upon
`
`which part of the judgment was suspended and any failure to transfer any assets as
`
`required by this Order:
`
`\OOOQGUI-PWN
`
`10
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`15
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 16 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 16 of 20
`
`A.
`
`Within fourteen (14) days of receipt of a written request from a representative of
`
`the Plaintiffs, each Jalil Defendant must: submit additional compliance reports or other
`
`requested information, which must be sworn under penalty ofperjury; appear for
`
`depositions via telephone or videoconference; and produce documents for inspection and
`
`copying. The Plaintiffs are also authorized to obtain discovery, without further leave of
`
`court, using any of the procedures prescribed by Federal Rules of Civil Procedure 29, 30
`
`(including telephonic depositions), 31, 33, 34, 36, 45, and 69.
`
`B.
`
`For matters concerning this Order, the Plaintiffs are authorized to communicate
`
`directly with each Jalil Defendant. Jalil Defendant must permit representatives of the
`
`Plaintifi's to interview any employee or other Person affiliated with any Jalil Defendant
`
`who has agreed to such an interviewd The Person interviewed may have counsel present
`
`C.
`
`The Plaintiffs may use all other lawful means, including posing, through its
`
`representatives as consumers, suppliers, or other individuals or entities, to Jalil
`
`Defendants or any individual or entity affiliated with Jalil Defendants, without the
`
`necessity of identification or prior notice. Nothing in this Order limits the Plaintiffs’
`
`lawful use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15
`
`U.S.C. §§ 49, 57b-1.
`
`D.
`
`Upon written request from a representative of the Plaintiffs, any consumer
`
`reporting agency must furnish consumer reports concerning Defendant Wissam Jalil,
`
`pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. §l68lb(a)(l).
`
`\OOOQO‘lel-Pwtor—
`
`NNNNNNNNNt—‘v—r—l—p—am—nl—r—v—IWQQMAWNHOOWQONMJKWNHO
`
`16
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 17 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 17 of 20
`
`_-
`
`KDOONONM-DWN
`
`mummawN—SEQSEGEGE:E
`
`NNNNNNNN
`
`XIV. RETENTION OF JURISDICTION
`
`[T [S FURTHER ORDERED that this Court retainsjurisdiction ofthis matter for
`
`purposes of construction, modification, and enforcement of this Order.
`
`SO ORDERED, this
`
`day of
`
`, 2020.
`
`KATHLEEN CARDONE
`UNITED STATES DISTRICT JUDGE
`
`17
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 18 of 20
`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 18 of 20
`
`.—
`
`2
`
`3
`4
`
`5
`
`6
`
`7
`8
`
`9
`
`10
`
`ll
`
`‘2
`
`13
`
`l4
`
`15
`
`16
`
`17
`
`18
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Christ0pher E. Brown
`J. Ronald Brooke, Jr.
`Federal Trade Commission
`600 Pennsylvania Ave, NW
`Mailston (303523
`Washington, DC 20580
`(202) 326-2825 I cbrown3@fic.gov
`(202) 326-3484 Ijbrooke@ftc.gov
`,
`_
`Attorneys for Plaintiff
`FEDERAL TRADE COMMISSION
`
`Erin Leahy (Ohio Bar #69509)
`W. Travis Garrison (Ohio Bar #76757)
`Assistant Attorney General
`Ohio Attorney General’s Office
`Consumer Protection Section
`30 E. Broad Street, l4"I Floor
`Columbus, Ohio 43215
`(514) 752.4730
`Erin.Leahy@OhioAttomeyGeneral.gov
`Travis.Garrison@OhioAttomeyGeneral.gov
`
`Attorneys for Plaintiff
`STATE OF OHIO
`
`Tripletel, Inc.
`
`7%
`
`By:
`
`M) l 836mm 3 “L‘L'
`
`\
`
`Wissam Jalil
`
`
`
`
`ati, Esq.
`Haroon
`The Rafalj Law Firm, PLLC
`Anomey for Defendants “fissam Jalil and Tripletel, Inc.
`
`18
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 19 of 20
`Case 3:19-cv-00196—KC Document 272-2 Filed 09/21/20 Page 19 of 20
`
`<;-2/-za
`
`2
`
`3
`4
`
`5
`
`6
`
`7
`3
`
`9
`
`IO
`
`
`
`Christcpher E. Brown
`3. Ronald Brooke, Jr.
`Federal Trade Commission
`6% Pcnnsyivania Ave., NW
`Mmlstop 65‘8523
`Washington, DC 29539
`(202)326-282516bmwn3@fic.gov
`(202) 326—3484 ijbmoke@fic»gov
`
`Anomeys for Piaintifi‘
`FEDERAL
`E COMSSIO‘N
`
`
`
`flJ/flwé
` y—n
`
`Erin My {Ghio Bar #6950?)
`W. Travis Garrison (Ohio Bar #7675?)
`Assistant Niamey Genera}
`OhioAflamey General’s Office
`Censumer Protection Sectiun
`30 E. Broad Street, 14* Fioar
`Culumbus, Ohio 432:5
`(614) 752—4739
`Erin.Leahy@OhioAttomeyGeneraLgov
`'
`’
`'
`,
`‘
`nemL 0v
`Trams Gamsen@0thttomeyGe
`g
`
`Attorneys for Plaintiff
`STATE OF OHIO
`
`.4
`
`y
`
`‘
`
`: 5%
`Tripletei, Inc.
`By: W§Ssaam EAQL,
`WissamJalil
`fl __
`
`
`
`
`
`The Rafati Law Finn, PLLC
`Attorney for Defendants Wissam 131i! and Tn'pletel, Inc.
`
`
`
`18
`
`

`

`Case 3:19-cv-00196-KC Document 272-2 Filed 09/21/20 Page 20 of 20
`Case 3:19-cv-00196—KC Document 272-2 Filed 09/21/20 Page 20 of 20
`
` alu l tow
`
`ErinLeahy (0%?Bar#
`
`09)
`
`W. Travis Gamson (Oar #76757)
`Assistant Attorney General
`Ohio Attorney General’s Office
`Consumer Protection Section
`
`30 E. Broad Street, 14‘h Floor
`Columbus, Ohio 43215
`
`(614) 752—4730
`Erin.Leahy@0hioAttomeyGeneral .gov
`Travi s. Garri son@0hioAttorneyGeneral .gov
`
`Attorneys for Plaintiff
`STATE OF OHIO
`
`
`
`Christopher E. Brown
`J. Ronald Brooke, Jr.
`Federal Trade Commission
`
`600 Pennsylvania Ave, NW
`Mailstop CC—8528
`Washington, DC 20580
`(202) 326-2825 / cbrown3@ftc.gov
`(202) 326-3484 / jbrooke@ftc.gov
`
`Attorneys for Plaintiff
`FEDERAL TRADE COMMIS SION
`
`
`
`Tripletel, Inc.
`By:
`
`
`
`Wissam Jalil
`
`Haroon Rafati, Esq.
`The Rafati Law Firm, PLLC
`Attorney for Defendants \Vissam Jalil and Tripletel, Inc.
`
`18
`
`LL)
`
`\ooouamh-
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`
`
`