STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 1 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Federal Trade Commission; all Fifty 

States, and the District of Columbia;

Plaintiffs,

vs.

Cancer Fund of America, Inc., a Delaware 

corporation, et al.;

 Defendants.

 

CASE NO.

STIPULATION RE ORDER FOR 

PERMANENT INJUNCTION AND 

MONETARY JUDGMENT AGAINST 

JAMES REYNOLDS, II

Plaintiffs, the Federal Trade Commission (“FTC” or “Commission”) and the states 

of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, 

Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 

Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North 

Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 

Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West 

Virginia, Wisconsin, Wyoming, and the District of Columbia have filed a complaint for a 

permanent injunction and other equitable relief against Defendants Cancer Fund of 

America, Inc., also d/b/a Breast Cancer Financial Assistance Fund (“CFA”), Cancer 

Support Services, Inc. (“CSS”), Children’s Cancer Fund of America, Inc. (“CCFOA”), 

and The Breast Cancer Society, Inc., also d/b/a The Breast Cancer Society of America

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 1 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 2 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(“BCS”), James Reynolds, II, a/k/a James Reynolds, Jr., and other individuals, alleging 

that all named Defendants violated, among other statutes, the Federal Trade Commission 

Act, 15 U.S.C. § 45, the Telemarketing and Consumer Fraud and Abuse Prevention Act 

(“Telemarketing Act”), 15 U.S.C. §§ 6101-6108, and the Unfair and Deceptive Acts and 

Practices and Charitable Solicitation laws of the Plaintiff States. Plaintiffs and Defendant

James Reynolds, II stipulate to the entry of this Stipulated Order for Permanent 

Injunction and Monetary Judgment Against James Reynolds, II (“Order”) to resolve all 

matters in dispute in this action between them.

THEREFORE, IT IS ORDERED as follows:

FINDINGS

1. This Court has jurisdiction over this matter.

2. Venue is proper in the District of Arizona.

3. The Complaint charges that Defendant James Reynolds, II (“Reynolds, II”)

and others engaged in deceptive acts or practices by making false and misleading claims 

in charitable solicitations in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, the 

Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, and the following state statutes 

regulating charitable solicitations and prohibiting deceptive and/or unfair trade practices:

Alabama: ALA. CODE §§ 8-19-1 through -15; and 13A-9-70 through 76.

Alaska: ALASKA STAT. §§ 45.50.471 through 45.50.561; and 45.68.010 

through 45.68.900.

Arizona: ARIZ. REV. STAT. ANN. §§ 44-1521 through 44-1534 and 44-6551 

through 44-6561. 

Arkansas: ARK. CODE ANN. §§ 4-28-401 through 4-28-416; and §§ 4-88-101 

through 4-88-115.

California: CAL. GOV. CODE §§ 12580 through 12599.6; CAL. BUS. & PROF.

CODE §§ 17200 through 17206; and §§ 17510 through 17510.95.

Colorado: COLO. REV. STAT. §§ 6-1-101 through 115; and 6-16-101 through

114.

Connecticut: CONN. GEN. STAT. §§ 21a-175 through 21a-190l; and 42-110a 

through 42-110q.

Delaware: DEL. CODE ANN. tit. 6, § 2513(a) (1998); tit. 6, § 2532(a) (1995); and 

tit. 6, §§ 2595(a) – (b) (1995).

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 2 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 3 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Florida: FLA. STAT. ch. 501, Part II; and ch. 496 (2013).

Georgia: GA. CODE ANN. §§ 43-17-1 through 43-17-23 (2011).

Hawaii: HAW. REV. STAT. §§ 467B-9.6, 467B-9.7(d), and 467B-10.5; 480-15;

and Act 217 § 2 Haw. Sess. Laws (2014).

Idaho: IDAHO CODE ANN. §§ 48-601 through 619; and 48-1201 through 

1206.

Illinois: 225 ILL. COMP. STAT. §§ 460/0.01 through 460/23.

Indiana: IND. CODE §§ 23-7-8-1 through -9; and 24-5-0.5-1 through -12. 

Iowa: IOWA CODE § 714.16. 

Kansas: KAN. STAT. ANN. §§ 17-1759 through 17-1776.

Kentucky: KY. REV. STAT. ANN. §§ 367.110 through 367.300.

Louisiana: LA. REV. STAT. ANN. §§ 51:1401 through 1427; and 51:1901 through 

1909.1.

Maine: ME. REV. STAT. ANN. tit. 5, §§ 205-A through 214.

Maryland: MD. CODE ANN., BUS. REG. §§ 6-101 through 6-701 (2010).

Massachusetts: MASS. GEN. LAWS ch. 12 §§ 8 through 8M, 10; ch. 68 §§ 18 through 

35; and ch. 93A §§ 1 through 11.

Michigan: MICH. COMP. LAWS §§ 400.271 through 400.294.

Minnesota: MINN. STAT. ch. 309.

Mississippi: MISS. CODE ANN. §§ 79-11-501 through 79-11-529.

Missouri: MO. REV. STAT. ch. 407.

Montana: MONT. CODE ANN. § 30-14-103.

Nebraska: NEB. REV. STAT. §§ 21-1901 through 21-19,177; 59-1601 through 

59-1622; and 87-301 through 87-306.

Nevada: NEV. REV. STAT. §§ 598.1305, 598.0915(15), 598.096, 598.0963, and

598.097.

New 

Hampshire:

N.H. REV. STAT. ANN. §§ 7:19; 7:20; 7:21; 7:24; 7:28; 7:28-c; 7:28-f; 

and 641:8.

New Jersey: N.J. STAT. ANN. §§ 45:17A-18 through 45:17A-32(c); 56:8-1 

through 56:8-20; and N.J. ADMIN. CODE §§ 13:48-1.1 through 13:48-

15.1.

New Mexico: N.M. STAT. §§ 57-12-1 through 57-12-22; and §§ 57-22-1 through 

57-22-11 (1978).

New York: N.Y. EXEC. LAW §§ 63 (12); 171-a through 175; and N.Y. GEN. BUS.

LAW § 349.

North Carolina: N.C. GEN. STAT. ANN. §§ 75-1.1; and 131F.

North Dakota: N.D. CENT. CODE §§ 50-22-01 through 50-22-07; and 51-15-01 

through 51-15-11.

Ohio: OHIO REV. CODE ANN. § 1716.

Oklahoma: OKLA. STAT. ANN. tit. 18 §§ 552.1 through 552.22.

Oregon: OR. REV. STAT. §§ 128.886; and 646.605 through 646.636.

Pennsylvania: 10 PA. STAT. ANN. §§ 162.1 through .14 (1990).

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 3 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 4 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Rhode Island: R.I. GEN. LAWS §§ 5-53.1-1 through 5-53.1-18.

South Carolina: S.C. CODE ANN. §§ 33-56-10 through 33-56-200.

South Dakota: S.D. CODIFIED LAWS §§ 37-30-17 through 37-30-21; and 21-34-1 

through 21-34-14.

Tennessee: TENN. CODE ANN. §§ 48-101-501 through 48-101-522.

Texas: TEX. BUS. & COM. CODE ANN. §§17.41 through 17.63.

Utah: UTAH CODE ANN. §§ 13-11-1 through 13-11-23; 13-22-1 through 13-

22-23; and 13-26-1 through 13-26-11.

Vermont: VT. STAT. ANN. tit. 9 §§ 2453 through 2461; and 2471 through 2479.

Virginia: VA. CODE ANN. §§ 57-48 through 57-69.

Washington: WASH. REV. CODE §§ 19.86; and §19.09.

West Virginia: W.VA. CODE §§ 29-19-1 -15b; and 46A-1-101 through 46a-6-110.

Wisconsin: WIS. STAT. §§ 202.11-202.18.

Wyoming: WYO. STAT. ANN. §§ 40-12-101 through 114.

4. Defendant Reynolds, II neither admits nor denies any of the allegations in 

the Complaint, except as specifically stated in this Order. Only for purposes of this 

action, Defendant Reynolds, II admits the facts necessary to establish jurisdiction.

5. Plaintiffs and Defendant James Reynolds, II agree that this Order resolves 

all allegations in the Complaint.

6. Defendant Reynolds, II waives any claim that he 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 agrees to bear his own costs and attorney fees.

7. Defendant Reynolds, II waives all rights to appeal or otherwise challenge or 

contest the validity of this Order.

8. Entry of this Order is in the public interest.

DEFINITIONS

For purposes of this Order, the following definitions shall apply:

1. “Defendant” and “Reynolds, II” mean the individual defendant James 

Reynolds, II, a/k/a James Reynolds, Jr.

2. “Person” means a natural person, an organization or other legal entity, 

including a corporation, partnership, sole proprietorship, limited liability company, 

association, cooperative, or any other group or combination acting as an entity.

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 4 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 5 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3. “Charitable contribution” means any donation or gift of money or any other 

thing of value.

4. “Donor” or “consumer” means any person solicited to make a charitable 

contribution.

5. “Fundraising” means a plan, program, or campaign that is conducted to 

induce charitable contributions by mail, telephone, electronic mail, social media, or any 

other means. 

6. “Nonprofit organization” means any person that is, or is represented to be, a 

nonprofit entity, or that has, or is represented to have, a charitable purpose, specifically 

including but not limited to any such entity that purports to benefit, either in whole or in 

part, individuals who suffer or have suffered from cancer.

7. “Plaintiff States” means the states of Alabama, Alaska, Arizona, Arkansas, 

California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, 

Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 

Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New 

Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, 

Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, 

Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, 

Wyoming, and the District of Columbia.

8. “Solicitor” means any person who solicits a charitable contribution.

9. “Telemarketing” means a 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 and that involves a telephone call, whether or not covered by the 

Telemarketing Sales Rule.

10. “And” and “or” shall be construed both conjunctively and disjunctively to 

make the applicable sentence or phrase inclusive rather than exclusive.

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 5 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 6 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER

I. PROHIBITIONS RELATED TO THE SOLICITATION AND CONTROL 

OF CHARITABLE ASSETS 

IT IS FURTHER ORDERED that Reynolds, II is permanently restrained, 

enjoined, and prohibited from engaging in the following activities, directly or indirectly, 

individually, or in concert with other persons or entities:

A. Receiving any payment or other financial benefit for: (1) participating or 

assisting in the solicitation of charitable contributions, directly or indirectly, including by 

advising, acting as an independent contractor or a fundraising consultant, supplying 

contact or donor lists, or providing caging, mail processing, or fulfillment services; and

(2) controlling, directly or indirectly, or holding a majority ownership interest in, any 

entity engaged in the business of fundraising; and

B. Establishing, operating, controlling, or managing any nonprofit 

organization or other entity that holds charitable assets, or any program thereof, directly 

or indirectly, whether compensated or not, including by serving as a founder, 

incorporator, officer, director, trustee, chief executive, officer, manager, or other 

fiduciary; and

C. Managing, controlling, directing, distributing, or accounting for the use or 

application of any charitable asset, or participating or assisting in managing, controlling, 

directing, distributing, or accounting for the use or application of any charitable asset, 

directly or indirectly, whether compensated or not, including by acting as an independent 

contractor, advisor, or consultant.

D. Provided that, Reynolds, II may: (1) subject to the limitations of Section 

I.A-C, above, be employed in the capacity of a licensed medical professional by any 

nonprofit hospital or other nonprofit health care facility federally certified by the Centers 

for Medicare and Medicaid Services (CMS) and/or licensed by the relevant state 

authorities, and use the supplies and equipment necessary to perform his duties as such a 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 6 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 7 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

licensed medical professional; he may also volunteer in a non-fiduciary capacity on an 

advisory board of any such nonprofit hospital or other nonprofit health care facility 

federally certified by the Centers for Medicare and Medicaid Services (CMS) and/or 

licensed by the relevant state authorities; (2) be employed by or volunteer for any 

nonprofit organization or other entity that holds charitable assets in any capacity not 

prohibited by Section I.A-C above, such as working in any non-supervisory role 

unrelated to the solicitation, management, custody, control, or distribution of any 

charitable asset; or (3) be employed or volunteer as a clergyman or similar position at his 

church.

E. Provided further that Reynolds, II may not be employed by any nonprofit 

organization or other entity that holds charitable assets that is directed, controlled, 

managed, or operated by any person affiliated with, or formerly affiliated with, Cancer 

Fund of America, Inc., Children’s Cancer Fund of America, Inc., or The Breast Cancer 

Society, Inc., as an employee, officer, director, or contractor.

II. PROHIBITION ON MISREPRESENTATIONS

IT IS FURTHER ORDERED that Reynolds, II and all other persons in active 

concert or participation with him who receive actual notice of this Order, whether acting 

directly or indirectly, are hereby permanently restrained and enjoined from making, or 

assisting in making, material misrepresentations in connection with the sale of consumer 

goods or services.

III. TELEMARKETING SALES RULE COMPLIANCE

IT IS FURTHER ORDERED that Reynolds, II and all other persons in active 

concert or participation with him who receive actual notice of this Order, whether acting 

directly or indirectly, are hereby permanently restrained and enjoined from violating, or

assisting others in violating, any provision of the TSR, 16 C.F.R. Part 310, as currently 

promulgated or as it hereafter may be amended.

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 7 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 8 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IV. COMPLIANCE WITH STATE LAW

IT IS FURTHER ORDERED that Reynolds, II, whether acting directly or 

indirectly, is hereby permanently restrained and enjoined from violating, or assisting 

others in violating, any provision of the following state laws:

Alabama: ALA. CODE §§ 8-19-1 through -15; and 13A-9-70 through 76.

Alaska: ALASKA STAT. §§ 45.50.471 through 45.50.561; and 45.68.010 

through 45.68.900.

Arizona: ARIZ. REV. STAT. ANN. §§ 44-1521 through 44-1534 and 44-6551 

through 44-6561. 

Arkansas: ARK. CODE ANN. §§ 4-28-401 through 4-28-416; and §§ 4-88-101 

through 4-88-115.

California: CAL. GOV. CODE §§ 12580 through 12599.6; CAL. BUS. & PROF.

CODE §§ 17200 through 17206; and §§ 17510 through 17510.95.

Colorado: COLO. REV. STAT. §§ 6-1-101through 115; and 6-16-101 through 114.

Connecticut: CONN. GEN. STAT. §§ 21a-175 through 21a-190l; and 42-110a 

through 42-110q.

Delaware: DEL. CODE ANN. tit. 6, § 2513(a) (1998); tit. 6, § 2532(a) (1995); and

tit. 6, §§ 2595(a) – (b) (1995).

Florida: FLA. STAT. ch. 501, Part II; and ch. 496 (2013).

Georgia: GA. CODE ANN. §§ 43-17-1 through 43-17-23 (2011).

Hawaii: HAW. REV. STAT. §§ 467B-9.6, 467B-9.7(d), and 467B-10.5; 480-15;

and Act 217 §2 Haw. Sess. Laws (2014).

Idaho: IDAHO CODE ANN. §§ 48-601 through 619; and 48-1201 through 

1206.

Illinois: 225 ILL. COMP. STAT. §§ 460/0.01 through 460/23.

Indiana: IND. CODE §§ 23-7-8-1 through -9; and 24-5-0.5-1 through -12. 

Iowa: IOWA CODE § 714.16. 

Kansas: KAN. STAT. ANN. §§ 17-1759 through 17-1776.

Kentucky: KY. REV. STAT. ANN. §§ 367.110 through 367.300.

Louisiana: LA. REV. STAT. ANN. §§ 51:1401 through 1427; and 51:1901 through 

1909.1.

Maine: ME. REV. STAT. ANN. tit. 5, §§ 205-A through 214.

Maryland: MD. CODE ANN., BUS. REG. §§ 6-101through 6-701 (2010).

Massachusetts: MASS. GEN. LAWS ch. 12 §§ 8 through 8M, 10; ch. 68 §§ 18 through 

35; and ch. 93A §§ 1 through 11.

Michigan: MICH. COMP. LAWS §§ 400.271 through 400.294.

Minnesota: MINN. STAT. ch. 309.

Mississippi: MISS. CODE ANN. §§ 79-11-501 through 79-11-529.

Missouri: MO. REV. STAT. ch. 407.

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 8 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 9 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Montana: MONT. CODE ANN. § 30-14-103.

Nebraska: NEB. REV. STAT. §§ 21-1901 through 21-19,177; 59-1601 through 

59-1622; and 87-301 through 87-306.

Nevada: NEV. REV. STAT. §§ 598.1305, 598.0915(15), 598.096, 598.0963, and

598.097.

New 

Hampshire:

N.H. REV. STAT. ANN. §§ 7:19; 7:20; 7:21; 7:24; 7:28; 7:28-c; 7:28-f; 

and 641:8.

New Jersey: N.J. STAT. ANN. §§ 45:17A-18 through 45:17A-32(c); 56:8-1 

through 56:8-20; and N.J. ADMIN. CODE §§ 13:48-1.1 through 13:48-

15.1.

New Mexico: N.M. STAT. §§ 57-12-1through 57-12-22; and §§ 57-22-1through 57-

22-11 (1978).

New York: N.Y. EXEC. LAW §§ 63 (12); 171-a through 175; and N.Y. GEN. BUS.

LAW § 349.

North Carolina: N.C. GEN. STAT. ANN. §§ 75-1.1; and 131F.

North Dakota: N.D. CENT. CODE §§ 50-22-01 through 50-22-07; and 51-15-01 

through 51-15-11.

Ohio: OHIO REV. CODE ANN. § 1716.

Oklahoma: OKLA. STAT. ANN. tit. 18 §§ 552.1 through 552.22.

Oregon: OR. REV. STAT. §§ 128.886; and 646.605 through 646.636.

Pennsylvania: 10 PA. STAT. ANN. §§ 162.1 through .14 (1990).

Rhode Island: R.I. GEN. LAWS §§ 5-53.1-1 through 5-53.1-18.

South Carolina: S.C. CODE ANN. §§ 33-56-10 through 33-56-200.

South Dakota: S.D. CODIFIED LAWS §§ 37-30-17 through 37-30-21; and 21-34-1 

through 21-34-14.

Tennessee: TENN. CODE ANN. §§ 48-101-501 through 48-101-522.

Texas: TEX. BUS. & COM. CODE ANN. §§17.41 through 17.63.

Utah: UTAH CODE ANN. §§ 13-11-1 through 13-11-23; 13-22-1 through 13-

22-23; and 13-26-1 through 13-26-11.

Vermont: VT. STAT. ANN. tit. 9 §§ 2453 through 2461; and 2471 through 2479.

Virginia: VA. CODE ANN. §§ 57-48 through 57-69.

Washington: WASH. REV. CODE §§ 19.86; and §19.09.

West Virginia: W.VA. CODE §§ 29-19-1 -15b; and 46A-1-101through 46a-6-110.

Wisconsin: WIS. STAT. §§ 202.11-202.18.

Wyoming: WYO. STAT. ANN. §§ 40-12-101 through 114.

V. COOPERATION

IT IS FURTHER ORDERED that Reynolds, II must cooperate fully with 

Plaintiffs’ representatives in this case and in any investigation related to or associated 

with the transactions or the occurrences that are the subject of the Complaint. Reynolds, 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 9 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 10 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

II must provide truthful and complete information, evidence, and testimony. Reynolds, II

must appear for interviews, discovery, hearings, trials, and any other proceedings that any 

Plaintiff’s representative may reasonably request upon five days written notice, or other 

reasonable notice, at such places and times as any Plaintiff’s representative may 

designate, without the service of a subpoena.

VI. MONETARY JUDGMENT

IT IS FURTHER ORDERED that judgment is hereby entered against Reynolds, II 

as follows:

A. Judgment in the amount of sixty-five million, five hundred sixty-four 

thousand, three hundred sixty dollars ($65,564,360) is entered in favor of Plaintiffs 

against Reynolds, II, as equitable monetary relief;

B. Reynolds, II shall pay seventy-five thousand dollars ($75,000) to the STCO 

Fund described in Section VII.E, below, within seven (7) days of entry of the Order. 

Upon such payment, the remainder of the judgment shall be suspended as to Reynolds, II, 

subject to Section VI.C-E, below;

C. Plaintiffs’ agreement to the suspension of the judgment owed by Reynolds, 

II is expressly premised upon the truthfulness, accuracy, and completeness of Reynolds, 

II’s sworn financial statements and related documents (collectively, “financial 

representations”) submitted to Plaintiffs, namely:

1. the Financial Statement of Individual, signed on April 15, 2015, 

including attachments; and

2. Reynolds, II’s representations, made through his counsel, in 

correspondence dated March 16, 2015, March 19, 2015, March 25, 2015, and April 16, 

2015;

D. The suspension of the judgment will be lifted as to Reynolds, II if, upon 

motion by any Plaintiff, the Court finds that Reynolds, II failed to disclose any material 

asset, materially misstated the value of any asset, or made any other material 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 10 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 11 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

misstatement or omission in his financial representations, identified above. If the 

suspension of the judgment is lifted pursuant to this provision, the judgment becomes 

immediately due in the amount specified in Section VI.A, above, as to Reynolds, II

(which the Parties stipulate for purposes only of this Section represents the consumer 

injury alleged in the Complaint for which Reynolds, II is liable), less any payment 

previously made by Reynolds, II pursuant to this Section, or by Defendant The Breast 

Cancer Society, Inc. pursuant to any other order entered in connection with this matter,

plus interest computed from the date of entry of this Order; and

E. The suspension of the judgment will be lifted as to Reynolds, II if, upon 

motion by any Plaintiff State, the Court finds that Reynolds, II has violated any provision 

of Section I, above, and a judgment in the amount set forth in Section VI.A, above, less 

any prior payments by Defendant Reynolds, II or The Breast Cancer Society, Inc., 

becomes immediately due as to Reynolds, II. The judgment amount shall be payable to 

the moving Plaintiff State, which shall use any money collected pursuant to the 

requirements of Section VII.E.2, below.

VII. ADDITIONAL MONETARY PROVISIONS

IT IS FURTHER ORDERED that: 

A. Reynolds, II relinquishes 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 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 Complaint establish all elements necessary to 

sustain an action by Plaintiffs pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 11 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 12 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such 

purposes;

D. Reynolds, II acknowledges that his Social Security Number, which he

previously submitted to Plaintiffs, may be used for collecting and reporting on any 

delinquent amount arising out of this Order, in accordance with 31 U.S.C. § 7701;

E. Payment to the Plaintiff States:

1. All money paid to the Plaintiff States pursuant to this Order shall be 

made by wire transfer to the Litigation Deposits Trust Fund (Fund Code “T-xx-909N”), 

an interest bearing trust fund held by the Hawaii Attorney General’s Office in trust for 

the Plaintiff States (“the short-term court ordered trust fund” or “STCO Fund”);

2. The STCO Fund shall be used to pay: (a) pursuant to cy pres, 

qualifying charitable organizations with charitable purposes substantially similar to the 

purposes for which the Defendants named in this matter solicited funds, and (b) the 

Plaintiff States to reimburse costs of the investigation and to pay attorneys’ fees. When 

payment(s) from the STCO Fund are appropriate, the Plaintiff States shall submit to this 

Court a Motion and Proposed Order recommending cy pres recipients and the amounts to 

be paid to such recipients and/or the amounts to be paid to reimburse the Plaintiff States 

for their costs and attorneys’ fees. The Hawaii Attorney General shall distribute monies 

from the STCO Fund only as authorized and directed by this Court. Reynolds, II has no 

right to challenge any recommendations regarding monetary distributions made by the 

Plaintiff States.

VIII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Reynolds, II provide acknowledgment of 

receipt of this Order:

A. Reynolds, II, within seven days of entry of this Order, must submit to 

Plaintiff Federal Trade Commission an acknowledgment of receipt of this Order sworn 

under penalty of perjury;

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 12 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 13 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

B. For five years after entry of this Order, Reynolds, II, for any business that 

he, individually or collectively with any other Defendant named in this matter, is the 

majority owner or controls directly or indirectly, must deliver a copy of this Order to: 

(1) all principals, officers, directors, and LLC managers and members; (2) all employees, 

agents, and representatives who participate in conduct related to the subject matter of this 

Order; and (3) any business entity resulting from any change in structure as set forth in 

Section IX below. Delivery must occur within seven days of entry of this Order for 

current personnel. For all others, delivery must occur before they assume their 

responsibilities; and

C. From each individual or entity to which Reynolds, II delivered a copy of 

this Order, Reynolds, II must obtain, within 30 days, a signed and dated acknowledgment 

of receipt of this Order.

IX. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Reynolds, II make timely submissions to 

Plaintiff Federal Trade Commission.

A. One year after entry of this Order, Reynolds, II must submit a compliance 

report, sworn under penalty of perjury. Reynolds, II must:

1. identify all his telephone numbers and all physical, postal, email and 

Internet addresses, including all residences; 

2. identify all his 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; 

3. describe in detail his involvement in each such business, including 

title, role, responsibilities, participation, authority, control, and any ownership;

4. identify all such businesses by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 13 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 14 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5. describe the activities of each business, including the goods and 

services offered, the means of advertising, marketing, sales, methods of payment, and the 

involvement of any other Defendant named in this matter (which Reynolds, II must 

describe if he knows or should know due to his own involvement); 

6. identify the primary physical, postal, and email address and 

telephone number, as designated points of contact, which Plaintiffs or their 

representatives may use to communicate with him; 

7. for all his activities with any nonprofit organization that Reynolds, II

undertakes in connection with Section I.D of this Order:

a. identify all such nonprofit organizations by all of their names,

telephone number[s], and physical, postal, email, and Internet addresses; and

b. describe in detail his involvement in each such nonprofit 

organization, including any title, role, responsibilities, participation, authority, and 

control;

8. describe in detail whether and how Reynolds, II is in compliance 

with each Section of this Order; and

9. provide a copy of each Order Acknowledgment obtained pursuant to 

this Order, unless previously submitted to Plaintiff Federal Trade Commission.

B. For ten years after entry of this Order, Reynolds, II must submit a 

compliance notice, sworn under penalty of perjury, within 14 days of any change in the 

following:

1. Reynolds, II must report any change in: (a) any designated point of 

contact; or (b) the structure of any entity that he has any ownership interest in or controls 

directly or indirectly that may affect 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.

2. Reynolds, II must report any change in: (a) name, including aliases 

or fictitious names, or residence address; or (b) title or role in any business activity, 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 14 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 15 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

including any business for which he performs services, whether as an employee or

otherwise, and any entity in which he has any ownership interest or controls, directly or 

indirectly, and identify the name, physical address, and any Internet address of the 

business or entity.

3. If Reynolds, II is employed by any nonprofit organization in any

capacity permitted by Section I.D of this Order or otherwise, he must report any change 

in title or role with that nonprofit organization.

C. Reynolds, II must submit notice of the filing of any bankruptcy petition, 

insolvency proceeding, or similar proceeding by or against him within 14 days of its 

filing.

D. Any submission 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 [date] at [location]” and supplying the date, 

location, signatory’s full name, title (if applicable), and signature.

E. Unless otherwise directed by a Commission representative in writing, all 

submissions to Plaintiff Federal Trade Commission pursuant to this Order must be 

emailed to DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to:

Associate Director for Enforcement,

Bureau of Consumer Protection,

Federal Trade Commission,

600 Pennsylvania Avenue NW,

Washington, DC 20580

The subject line of each submission must begin: FTC v. Cancer Fund of America, et al.

X. RECORDKEEPING

IT IS FURTHER ORDERED that Reynolds, II must create certain records for ten 

years after entry of this Order, and retain each such record for five years. Specifically, 

for any business that he, individually or collectively with any other Defendant named in 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 15 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 16 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

this matter, is a majority owner or controls directly or indirectly, he must create and 

retain the following records:

A. Accounting records showing revenues from all goods or services sold or 

billed; 

B. Personnel records showing, for each person providing services, whether as 

an employee or otherwise, that person’s name; address; telephone number; job title or 

position; dates of service; and reason for termination (if applicable); 

C. Records of all consumer complaints, whether received directly or indirectly, 

such as through a third party, and any response; 

D. All records necessary to demonstrate full compliance with each provision 

of this Order, including all submissions to Plaintiff Federal Trade Commission; and

E. A copy of each unique advertisement or other marketing material. 

XI. COMPLIANCE MONITORING

IT IS FURTHER ORDERED that, for purposes of monitoring Reynolds, II’s

compliance with this Order, including the accuracy of the financial representations upon 

which the judgment was suspended: 

A. Within 14 days of receipt of a written request from a representative of any 

Plaintiff, Reynolds, II must submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury; appear for depositions; and 

produce documents for inspection and copying. 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, Plaintiffs are authorized to communicate 

directly with Reynolds, II. Reynolds, II must permit representatives of any Plaintiff to 

interview any employee or other person affiliated with him who has agreed to such an 

interview. The person interviewed may have counsel present;

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 16 of 70
STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 17 of 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

C. Plaintiffs may use all other lawful means, including posing, through their

representatives, as consumers, suppliers, or other individuals or entities, to Reynolds, II

or any individual or entity affiliated with him, without the necessity of identification or 

prior notice. Nothing in this Order limits Plaintiff Federal Trade Commission’s lawful 

use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 

49, 57b-1, or the Plaintiff States’ lawful use of relevant state laws governing pre-suit 

investigation and discovery; and

D. Upon written request from a representative of the Commission or any 

Plaintiff State, any consumer reporting agency must furnish a consumer report 

concerning Reynolds, II pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 

U.S.C. §1681b(a)(1).

XII. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order.

XIII. STATE COURT ENFORCEMENT

Without limiting the above provisions, Reynolds, II agrees that the provisions of 

Sections I, II, and IV of this Order may be enforced by any Plaintiff State in a court of 

general jurisdiction in that Plaintiff’s state if that Plaintiff State has reason to believe that 

persons in its state have been affected. Reynolds, II consents to any such court’s

jurisdiction for purposes of enforcing the terms of Sections I, II, and IV of this Order.

/

/

/

/

/

/

/

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 17 of 70
Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 18 of 70

1 SO STIPULATED AND AGREED: 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

{\\ \ i _IT\_~-\\-----' 2015 

_tt~·~~/_L7_~ _____ ,2015 

Eric S. Berman 

Randal11. Shaheen 

VenaJa]e LLP 

575 7 Street, NW 

Washington, DC 20004 

esberman@Venable.com 

rmshaheen@Venable.com 

(202) 344-4000 (telephone) 

Attorneys for James Reynolds, II 

FOR DEFENDANT JA11ES 

REYNOLDS II: 

STIPULATION REORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 18 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

1 6 

17 

18 

19 

20 

2 1 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 19 of 70 

M(A1 IS" ' 2015 

FOR PLAINTIFF FEDERAL 1RADE 

Regional 

Krista 

TracyS. 

K. 

Thorleifson 

Director 

Bush 

~ 

Sophie H. Calder6n 

Connor B. Shively 

Federal Trade Commission 

915 Second Ave:4 Suite 2896 

Seattle, WA 981 t4 

tthorle1fson@ftc.gov 

kbush@ft~. ov scalderon c.gov 

cshively c. ov 

(206) 22 -635f) (telephone) 

Attorneys for Plaintiff Federal Trade 

Commission 

STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, IT 

Page 19 of20 
Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 20 of 70 

By: Elizabeth K. Korsmo 

Assistant AttOfi!.CD' General 

New Mexico Office of the Attorney General- Hector Balderas 

408 Galisteo St. 

Santa Fe, New Mexico 87501 

ekorsm~s ov Telephone:os 827-6000 

• Application for pro hac vice pending 

STIPULATION RE ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, ll 

Page20of20 
-----=..=::=-se;:;....=..:..==-=-=-c=...: -00884-NVW Document 5 Filed 05/19115 Page 21 of 70 

I 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

IS 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

FOR THE STATE OF ALABAMA 

By: 

Kyle Beckman ~Bar #ASB-6046-E63B)* 

Assistant Attorney General 

Office of Attorney General Luther Strange 

501 Washington A venue 

Montgomery, AL 36104-0152 

kbeckman@ago.state.al.us 

Telephone: (334) 353-2619 

• Application for pro hac vice pending 

Anorney for Plainti State of Alabama 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20. I of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 22 of 70 

Office of Attorney General Craig W. Richards 

1031 W. 4Lh Ave, Suite 200 

Anchorage, AK 99501 

cynthia.drinkwater@alaska.gov 

Telephone: (907) 269-5200 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Alaslca 

Signed May Jj__, 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

P~ge 20.2 of20 
______ ....::: -=:2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 23 of 70 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

FOR THE STATE OF ARIZONA 

By: 'f'I !LI j ~. Nancy v:A\nger 61\i Bar # 61 0) 

Assistant Attorney General 

Matthew du Mee (AZ Bar #28468) 

Assistant Attorney General 

Office of Attorney General Mark Brnovich 

1275 West Washington 

Phoenix, Arizona 85007-2997 

nancy.anger@azag.gov 

Telephone: (602) 542-7710 

Attorneys for Plaintiff State of Arizona 

'2015 

STIPULATION RE PERMANENT INn.JNCTION AGAINST REYNOLDS, II 

Page 20.3 of 20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 24 of 70 

Bar# 2007213)* 

omey General 

Office of Attorney General Leslie Rutledge 

323 Center St., Suite 500 

Little Rock, Arkansas 72201 

kevin.wells@arkansasag.gov 

Telephone: (501) 682-8063 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Arkansas 

Signed May 8, 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.4 of20 
r 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 25 of 70 - ---

1 

2 

3 

4 

{ 

5 

6 

7 

8 

9 

10 

11 

12 

1~ 

14 

15 

16 

17 

18 

19 

20 

2-1 . 

22 

23 

24 

25 

26 

27 

28 

FORTHESTATEOFCALWO~ 

Office of Attorney General Kamala Harris 

300 S. Spring St. 

Suite #1702 

Los Angeles, California 90013 

Sonja.bemdt@doj.ca.gov 

T~lephone: (213) 897-2179 · 

• Application for pro hac vice pending 

Attorney for Plaintiff State of California 

Signed '-rn o_'t ;.j , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.5 of20 · 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 26 of 70 

FOR THE COLORADO SECRETARY OF STATE 

LEANN 

By £k~~ MORRILL (COBaf#38742} 

First Assistant Attorney General 

Office of Attorney General Cynthia H. Coffman 

Public Officials Unit 

1300 Broadway, 61

h Floor 

Denver, Colorado 80203 

Email: 1eann.morrill@state.co.us 

Telephone: (720) 508-6159 

Attorney for Plaintiff Colorado Secretary of State 

Signed _....~..N\o._--'JT'--1~_,, 2015 

FOR THE STATE OF COLORADO 

By: ~~::::::::::=::~::::=:::::=-

ALISSA GARDENSWARTZ (CO Bar# 36126) 

First Assistant Attorney General 

Office of Attorney General Cynthia H. Coffman 

Consumer Protection Section 

1300 Broadway, 7'h Floor 

Denver, Colorado 80203 

Email: aJissa.gardenswartz@sta te.co. us 

Telephone: (720) 508-6204 

*Application for pro hac vice pending 

Attorney for Plaintiff Colorado Attorney General 

Signed !fly£ ,2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.6 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 27 of 70 

By: 

Gary W. Hawes (C Bar # 415091)* 

Assistant Attome General 

Office of Attorney General George Jepsen 

55 Elm Street 

P.O. Box 120 

Hartford, Connecticut 06141-0120 

Gary .Hawes@ct.gov 

Telephone: (860) 808-5020 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Connecticut 

Signed __ '5--~-/_J,z:...__ _ _;, 2015 

I 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, ll 

Page 20.7 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 28 of 70 

FOR THE STATE OF DELAWARE 

Gregory By: C. S~oEJ:ar:664)• ~~ Gillian L. Andrews (DE Bar# 5719) 

Deputy Attorneys General 

Delaware Department of Justice 

820 N. French Street, 5th Floor 

Wilmington, Delaware 19801 

gregory .strong@state.de.us 

Telephone: (302) 577-8504 

• Application for pro hac vice pending 

Attorneys for Plaintiff State of Delaware 

signed .r(e , 201s 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Pnge 20.8 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 29 of 70 

Assistant Attorney General 

Office of Attorney General Pam Bondi 

135 West Central Blvd., Suite 670 

Orlandot Florida 32801 

Rebecca.Sirkle@myfloridalegal.com 

Telephone: (407) 316-4840 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Florida 

Signed JL(tz~S"~ , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.9 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 30 of 70 

FOR THE STATE OF GEORGIA 

By: 

Danie . Walsh Georgia 

Senior Assistant Attorney General 

Office of Attorney General Sam Olens 

Department ofLaw 

State of Georgia 

Atlanta, Georgia 30306 

dwalsh@law.ga.gov 

Telephone: (404) 657-2204 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Georgia and Plaintiff 

Secretary ofStatefor the State ofGeorgia 

Signed May 8, 2015 

STJPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.10 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 31 of 70 

FORTHESTATEOFHAWAll 

By: · ~· £. J<. Ui 

Jodi K:Yi ID Bar /6625• 

Deputy Attorney General 

Attorney General Douglas S. Chin 

Department of the Attorney General 

425 Queen Street 

Honolulu, Hawaii 96813 

Jodi.K.Yi@Hawaii.gov 

Telephone: (808) 586-1480 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Hawaii 

Signed April 28, 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.1 1 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 32 of 70 

FOR THE STATE OF IDAHO 

JANE 

By: 0 HBERG \A-a(ID ~ Bar 465)"' 

Deputy Attorney General 

Office of Attorney General Lawrence G.Wasden 

Consumer Protection Division 

954 W.Jefferson Street, 2nd Floor 

POBox 83720 

Boise, Idaho 83720-0010 

jane.hochberg@ag.idaho.gov 

Telephone: (208) 334-3553 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Idaho 

Signed ?tynJ ..3o , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, U 

Page 20.12 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

ll 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case ?·15-cy-OQ884-NVW p gcpmeqt 5 Fi'ed Q5f19f15 Page 33 gf 79 

FOR THE PEOPLE OF THE STATE OF ILLINOIS 

By: b'""b-;4 i,£k, Barry . old rg t. 5 

Assistant Attorney General (IL Bar # 6269821 )• 

Assistant Bureau Chief 

Charitable Trust Bureau 

Office of Illinois Attorney General Lisa Madigan 

100 West Randolph Street, I tth Floor 

Chicago, Illinois 6060 l 

bgoldberg!li;atg.state.il.us 

Telephone Charitable Trust Bureau: (312) 814-2595 

Therese Harris. Bureau Chief 

Charitable Trust Bureau 

Office of Illinois Attorney General Lisa Madigan 

100 West Randolph Street, I I th Floor 

Chicago, Illinois 6060 I 

tharriifci;atg.state. i l. us 

Telephone Charitable Trust Bureau: (31 2) 8 I 4-2595 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Illinois 

Signed April 30. 20 1 5 

STfPULA TION RE PERMANENT INJUNCTION AGAINST REYNOLDS. II 

Page 20. 13 of 20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 34 of 70 

INDIANA 

By: 

Richard M. Bramer (IN ar # 15989-77)* 

~ 

Director, Consumer Protection Division 

Office of Attorney General Gregory F. Zoeller 

302 West Washington Street 

IGCS Fifth Floor 

Indianapolis, Indiana 46204 

richard.bramer@atg.in.gov 

Telephone: (317) 232-1008 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Indiana 

Signed f=.t(f 'f , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.14 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 35 of 70 

FOR THE STATE OF IOWA 

By: {b(?L ' 

Steve St. Clair (lA Bar #AT0007441)"' 

Assistant Attorney General 

Office of Attorney General Tom Miller 

Hoover Building, 2nd Floor 

1305 East Walnut 

Des Moines, Iowa 50319 

steve.stclair@iowa.gov 

Telephone: (515) 281-5926 

"'Application for pro hac vice pending 

Attorney for Plaintiff State of Iowa 

Signed April 22, 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.15 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 36 of 70 

FOR THE STATE OF KANSAS 

By:~&--, Lynette~# 22104)* 

Assistant Attorney General 

Office of Attorney General Derek Schmidt 

120 S.W. lOth Avenue, 2nd Floor 

Topeka, Kansas 66612-1597 

lynette.bakker@ag.ks.gov 

Telephone: (785) 296-3751 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Kansas 

Signed ~ S , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.16 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

II 

I2 

13 

14 

15 

I6 

17 

I8 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 37 of 70 

FOR THE COMMONWEAL Til OF KENTUCKY 

By: 

Leah 

Office of Attorney General Jack Conway 

1024 Capital Center Drive 

Suite 200 

Frankfort, Kentucky 40601 

Leah.boggs@ky.gov 

Telephone: (502) 696-5389 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Kentucky 

Signed ~ L '2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, 11 

Page 20.17 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

J 1 

12 

13 

14 

15 

16 

17 

18 

19 

20 

2 1 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 38 of 70 

FOR THE STATE OF LOUISIANA 

Cathryn 

By ~f_ E. Gits (LBar #35$~ 144) 

Assistant Attorney General 

Office of Attorney General James D. "Buddy" 

Caldwell 

1885 N. Third Street 

Baton Rouge, Louisiana 70802 

gitsc@ag.state.la.us 

Telephone: (225) 326-6400 

*Application for pro hac vice pending 

Allorney for Plaintiff State of Louisiana 

Signed Mtaj }- , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20. 18 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 39 of 70 

FOR THE STATE OF MAINE 

Janet T. Mills 

Maine Attorney General 

By: 

Carolyn A. Silsby Bar #3030)* 

Assistant Attorney General 

Office of the Maine Attorney General 

Burton Cross State Office Building 

Ill Sewall Street, 6th Floor 

Augusta, Maine 04330 

Carolyn.silsby@maine.gov 

Telephone: (207) 626-8829 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Maine 

Signed ~ zz_ . 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.19 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 40 of 70 

FOR THE STATE OF MARYLAND 

By:~ C. B triNUfiez:Beiiay* 

Assistant Attorney Gener~ Office of Attorney General Brian E. Frosh 

200 St. Paul Place 

Baltimore, MD 21202 

bnunezbellamy@oag.state.md.us 

Telephone: (410) 576-6300 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Maryland and 

Secretary of State John Wobensmith 

Signed May 14,2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.20 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 41 of 70 

FOR THE COMMONWEALTH OF 

MASSACHUSETTS 

By: 

Brett J. Blank 

Office of Attorney General Maura Healey 

One Ashburton Place 

Boston, Massachusetts 02108 

brettblank@state.ma. us 

Telephone: (617) 727-2200 

*Application for pro hac vice pending 

Attorney for Plaintiff Commonwealth of Massachusetts 

Signed May 8, 2015 

STIPULATlON RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.21 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

l3 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Fil,ed 05/19115 Pa~e 42 of 70 

FORTBE S 

Assistant Attorney General 

Office of Attorney General Bill Schuette 

Corporate Oversight Division 

P.O. Box 30755 

Lansing, MI 48909 

bloomfieldw@michigan.gov 

Telephone: (517) 373-1160 

"'Application for pro hac vice pending 

Attorney for Plaintif!State of Michigan 

Signed M()._y 1 , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.22 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 43 of 70 

By: 

Elizabe emenak (MN Bar# 0390461)* 

Assistant Attorney General 

Office of Attorney General Lori Swanson 

445 Minnesota Street, Suite 1200 

St. Paul, MN 55101-2130 

elizabeth.kremenak@ag.state.mn.us 

Telephone: (651) 757-1423 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Minnesota 

Signed ~{).. '2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.23 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 44 of 70 

SSISSIPPI 

By: 

Tanya G. b er (MS Bar #99405)* 

Assistant Secretary of State/Charities Division 

Mississippi Secretary of State 

Post Office Box 136 

Jackson, Mississippi 39205-0136 

Tanya.webber@sos.ms.gov 

Telephone: (601) 359-6742 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Mississippi 

Signed t ~ \ '2 ~ • 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.24 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 45 of 70 

FOR THE STATE OF MISSOURI 

CHRIS KOSTER 

FC:u--

ROBERT E. CARLSON, # 54602 

Assistant Attorney General 

P.O. Box 861 

St. Louis, MO 63188 

(314) 340-6816 

Fax: (314) 340-7957 

bob.carlson@ago.mo.gov 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Missouri 

Signed ;fA l f( , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.25 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 46 of 70 

FOR THE STATE OF MONTANA 

By: tG,J/71 l_ . /J.,..th~ TIMOTHY C. FOX 

Montana Attorney General 

E. EDWIN ECK, MT Bar No. 414* 

Deputy Attorney General 

KELLEY L. HUBBARD, MT Bar No. 9604* 

Assistant Attorney General 

Montana Attorney General's Office 

P. 0. Box 200151 

Helena, MT 59620-0151 

EdEck@mt.gov 

KHubbard@mt.gov 

Telephone: (406) 444-2026 

• Application for pro hac vice pending 

Allorneys for Plaintiff State of Montana 

Signed May . 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.26 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 47 of 70 

FOR THE STATE OF NEBRASKA 

sy: ~a~--< 

Daniel Russell (NE Bar# 25302)* 

Assistant Attorney General 

Office of Attorney General Douglas J. Peterson 

2115 State Capitol 

POBox98920 

Lincoln, Nebraska 68509 

daniel.russeJI@nebraska.gov 

Telephone: (402) 471-1279 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Nebraska 

Signed )n~t G , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.27 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 48 of 70 

FOR THE STATE OF NEVADA 

By ~s~ 

NV Bar# 005324 

CbiefMultistate Counsel 

Office of Attorney General Adam Paul Laxa1t 

10791 W. Twain Avenue, Suite 100 

Las Vegas, Nevada 89135 

jgibbs@ag.nv.gov 

Telephone: (702) 486-3789 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Nevada 

Signed {(&d 30 . 2015 

'I 

STIPULATION RE PERMANENT lNJUNCTION AGA1N'ST REYNOLDS, II 

Page 20.28 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 49 of 70 

WHAMPSHIRE 

By: 

o as . Donovan (NH Bar #664 )* 

Direc r of Charitable Trusts 

Joseph A. Foster, Attorney General 

33 Capitol Street 

Concord, NH 03301 

tom.donovan@doj.nh.gov 

Telephone: (603) 271-3591 

• Application for pro hac vice pending 

Attorney for Plaintiff State of New Hampshire 

Signed May~, 2015 

• 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, li 

Page 20.29 of20 

• 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 50 of 70 

FOR THESTATEOFNEW JERSEY 

JOHN J. HOFFMAN 

ACTING ATTORNEY GENERAL OF NEW JERSEY 

n. VL 

By: --~=-~_£ ~--~----------­ Erin M. Greene (NJ Bar #014512010) • 

Deputy Attorney General 

State ofNew Jersey 

Office of Attorney General 

Department of Law and Public Safety 

Division of Law 

124 Halsey Street - 5th Floor 

P.O. Box 45029 

Newark, New Jersey 07101 

erin.greene@dol.lps.state.nj.us 

Telephone: (973) 648-4846 

*Application for pro hac vice pending 

Attorney for Plaintiff State of New Jersey 

Signed M rA.y '2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.30 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 51 of 70 

FOR THE STATE OF NEW YORK 

ERIC T. SCHNEIDERMAN 

Attorney General of the State ofNew York 

Yael 

By: 

Fuchs f/v~ Bar# 4542684)* 

Assistant Attorney General 

Charities Bureau 

120 Broadway, 3rd Floor 

New York, New York 10271 

Telephone: (212) 416-8401 

yael.fuchs@ag.ny.gov 

• Application for pro hac vice pending 

Attorney for Plaintiff State ofNew York 

Signed ~ a.'1 lp ' 2015 

STlPULA TION RE PERMANENT INJUNCTION AGAINST REYNOlDS, II 

Page 20.31 of 20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 52 of 70 

FOR THE STATE OF NORTH CAROLINA 

By: 

Creecy Johnson 

Special Deputy 

ar #32619)* 

omey General 

Office of Attorney General Roy Cooper 

9001 Mail Service Center 

Raleigh, NC 27699 

ccjohnson@ncdoj .gov 

Telephone: (919) 716-6000 

• Application for pro hac vice pending 

Attorney for PlaintiffS tate of North Carolina 

Signed 4 7 , 2015 

Counsel for North Carolina Secretary of State 

Elaine F. Marshall 

9001 Mail Service Center 

Raleigh, NC 27699 

lphillips@ncdoj .gov 

Telephone: (919) 716-6610 

*Application for pro hac vice pending 

Attorney for Plaintiff State of North Carolina 

Signed t.f/1~ 7 , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.32 of 20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 53 of 70 

Office of Attorney General Wayne Stenehjem 

Consumer Protection Division 

Gateway Professional Center 

1050 E. Interstate Ave Ste 200 

Bismarck, ND 58503-5574 

mcthompson@nd.gov 

Telephone: (701) 328-5570 

• Application for pro hac vice pending 

Attorney for Plaintiff State of North Dakota 

Signed April23, 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.33 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 54 of 70 

FOR THESTATEOFOHIO 

By: 

Yvonne T el (OH Bar# 0019033)* 

Principal ~ssistant Attorney General 

Office of Attorney General Mike De Wine 

Charitable Law Section 

150 E. Gay St., 23rd floor 

Columbus, Ohio 43215 

yvonne.tertel@ohioattomeygeneral.gov 

Telephone: (614) 466-3181 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Ohio 

Signed Mt?rj b '2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.34 of 20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 55 of 70 

FOR THE STATE OF OKLAHOMA 

E. SCOTI PRUITI 

OKLAHOMA A TIORNEY GENERAL 

01\ruat, \M~~ Mali sa McPherson (OK Bar #32070)* 

Assistant Attorney General 

313 N .E. 21st Street 

Oklahoma City, Oklahoma 73105 

Telephone: ( 405) 521-6926 

Facsimile: ( 405) 522-0085 

Malisa.McPherson@oag.ok.gov 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Oklahoma 

Signed May 12,2015 

STIPULATION RE PERMANENT INJUNcriON AGAINST REYNOLDS, 11 

Page 20.35 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 56 of 70 ~------~~------

Office of Attorney General Ellen F. Rosenblum 

Oregon Department of Justice 

1515 SW 5th Ave., #410 

Portland, Oregon 97201 

Heather.l.weigler@state.or.us 

Telephone: (971) 673-1910 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Oregon 

Signed j\Jl~ ') , 2015 

STIPULATION RE PERMANENT INnJNCTION AGAINST REYNOLDS, II 

Page 20.36 of20 
Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 57 of 70 

1 FOR THE COMMONWEALTH OF 

2 PENNSYLVANIA 

--------~4 ------------------Senior ~~~ Deputy Attorney General ~~ 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Office of Attorney General Kathleen Kane 

14th Floor 

Strawberry Square 

Harrisburg, Pennsylvania 17120 

mfoerster@attomeygeneral.gov 

Telephone: (717) 783-6084 

*Application for pro hac vice pending 

Attorney for PlaintiffState of Pennsylvania 

Signed~ ;,j_ , 2015 

SIDULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, ll 

Page 20.37 of20 
l 

2 

3 

4 

5 

6 

7 

8 

9 

10 

1l 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 58 of 70 

E OF RHODE ISLAND 

By: ~z zz 

evieve M. Martin (RI Bai)ij918)* 

Assistant Attorney General 

Office of Attorney General Peter Kilmartin 

150 South Main Street 

Providence, Rhode Island 02903 

GMartin@riag.ri.gov 

Telephone: (401) 274-4400 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Rhode Island 

Signed _ _ !J -'- ------" 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.38 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

2 1 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 59 of 70 

FOR THE STATE OF SOUTH CAROLINA 

By: ........, .. .c~!c::=:==~~===-­ Shannon A. Wiley (SC Bar# 69806)* 

Deputy General Counsel 

Office of Secretary of State Mark Hammond 

1205 Pendleton St., Suite 525 

Columbia, South Carolina 29201 

swiley@sos.sc.gov 

Telephone: (803) 734-0246 

*Application for pro hac vice pending 

Attorney for Plaintiff State of South Carolina 

Signed M ~'1 ] , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.39 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 60 of 70 

By: 

Phi . 

OtTtce of Attorney General Marty Jackley 

1302 E. I Iighway 14, Ste. l 

Pierre. South Dakota 57501 

Phil.Carlson@state.sd.us 

Telephone: ( 605) 773-3215 

*Application lor pro hac vice pending 

Afforneyfor Plaintiff State ofSouJh Dakota 

Signed ff;;,-J{ ?-f ____ . 2015 

STIPULATION RE PERMANI·.N r INJUNCTION AGAINST REYNOLDS, II 

Page 20.40 of 20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 61 of 70 

FOR THE STATE OF TENNESSEE 

Office of Attorney General Herbert H. Slatery III 

P.O. Box 20207 

Nashville, Tennessee 37202 

Janet.kleinfelter@ag.tn.gov 

relephone: (615)741-7403 

• Application for pro hac vice pending 

Attorney for Plaintiff State o[Tennessee 

Signed ~ 5 '2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.41 of20 
1 

2 

3 

4 

s 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 62 of 70 

FOR THE STATE OF TEXAS 

KEN PAXTON 

Attorney General of Texas 

CHARLES E. ROY 

First Assistant Attorney General of Texas 

JAMES E. DA VlS 

Deputy Assistant Attorney General for Civil 

Litigation 

TOMMY PRUD,HOMME 

~ Coosumer ProtectioD By: ~Arh.· 

RMROscETTI (fX Bar No. 24066685)* 

Assistant Attorney General 

COREY D. KINTZER (TX Bar No. 24046219) 

Assistant Attorney General 

Office of Attorney General Ken Paxton 

300 West 15th Street 

A~ Texas 78701 

Jennifer .Roscetti@texasattomeygeneral.gov 

Telephone: 512-475-4673 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Texas 

Signed YV\iti.j IL1 12015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, ll 

Pqe 20.42 of20 
Case 2:15-cv-00884-NVW Document 5 Filed 05/19115 Page 63 of 70 

FOR THE STATE OF UTAH 

By: ~ ! tu.f:.v..-

JEFFRfB CKNER (UT Bar # 4546) 

UTAH ASSISTANT A ITORNEY GENERAL 

OFFICE OF ATTORNEY GENERAL SEAN REYES 

160 EAST 300 SOUTH, FIFTH FLOOR 

P.O. BOX 140872 

SALT LAKE CITY, UTAH 84114-0875 

jbuckner@utah.gov 

Telephone: (123) 456-7890 

Application for pro hac vice pending 

Attorney for Plaintiff State of Utah 

Signed 1ft r /I 2. ,_ , 2015 

• 

STIPULATION RE PERMANENT fNJUNCTION AGAINST REYNOLDS, II 

Page 2Q.43 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 64 of 70 

FOR THE STATE OF VERMONT 

WILLIAM H. SORRELL 

A TIORNEY GENE 

Office of Attorney General 

109 State St. 

Montpelier, Vermont 05609 

Todd.Daloz@state. vt. us 

Telephone: (802) 828-4605 

*Application for pro hac vice pending 

Attorney for Pla.intif!State ofVermont 

Signed /1~ yf:::: , 2015 

STlPULt\TION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.44 of20 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 65 of 70 

By: 

Richard S. Schweiker, Jr. (VA Bar# 34 

Senior Assistant Attorney General 

Office of Attorney General Mark R. Herring 

Consumer Protection Section 

900 East Main Street 

Richmond, Virginia 23219 

rschweiker@oag.state. va. us 

Telephone: (804) 786-5643 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Virginia 

Signed fl1M.J t:; , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.45 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 66 of 70 

FOR THE STATE OF WASHINGTON 

By: . ~ . 

Sarah Shifley (WA ar # 9394)* 

Assistant Attorney Gener 

Office of Attorney General Bob Ferguson 

800 Fifth Ave, Ste. 2000 

Seattle, WA 98104 

Sarah.shifley@atg. wa.gov 

Telephone: (206) 389-3974 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Washington 

Signed ,A~j I 21 , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.46 of20 

J 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 67 of 70 

OF WEST VIRGINIA 

By: =~~-=----=:::::........,_ _ _ _ _ Michael M. Morrison (WV Bar 822)* 

Assistant Attorney General 

Office of Attorney General Patrick Morrisey 

812 Quarrier Street, 1st Floor 

Charleston, West Virginia 25301 

P.O. Box 1789 

Charleston, West Virginia 25326 

Matt.M.Morrison@wvago.gov 

Telephone: (304) 558-8986 

• Application for pro hac vice pending 

By: 

La r . Lackey ( Bar# 10267)* 

Assistant Attorney General 

Counsel for Secretary of State Natalie E. Tennant 

Office of Attorney General Patrick Morrisey 

269 Aikens Center 

Martinsburg, West Virginia 25404 

Laurel.K.Lackey@wvago.gov 

Telephone: (304) 267-0239 

*Application for pro hac vice pending 

Attorneys for Plaintiff State of West Virginia 

Signed t!p,: I 56 ' 2015 

STIPULATION RE PERMANENT INJUNCfiON AGAINST REYNOLDS, II 

Page 20.47 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

l3 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05119/15 Page 68 of 70 

FOR THE STATE OF WISCONSIN 

BRAD D. SCHIMEL 

ATIORNEY GENERAL 

By: 2z~~'b~~M Francis X. 

• 

Assistant Attorney General 

Wisconsin State Bar no. 1030932• 

Wisconsin Department of Justice 

Post Office Box 7857 

Madison, Wisconsin 53707-7857 

(608) 267-2222 

(608) 267-8906 (Fax) 

sullivanfx@doj .state.wi.us 

• Application for pro hac vice pending 

Attorney for Plaintiff State of Wisconsin 

Signed~~ ,2015 

I 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.48 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Page 69 of 70 

FOR THE STATE OF WYOMING 

Clyde 

By: w. ~ ~s 13ar # 6-3549)"' 

Senior Assistant Attorney General 

Office of Attorney General Peter K. Michael 

123 State Capitol 

Cheyenne, WY 82002 

clyde.hutchins@wyo.gov 

Telephone: (307) 777-7847 

*Application for pro hac vice pending 

Attorney for Plaintiff State of Wyoming 

Signed A4r f , 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOlDS, II 

Page 20.49 of20 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Case 2:15-cv-00884-NVW Document 5 Filed 05/19/15 Pa e 70 of 70 

FOR THE DISTRICf OF COLUMBIA 

KARL A. RACINE 

Attorney General for the District of Columbia 

ELIZABETH SARAH GERE 

Acting Deputy Attorney General 

Public Interest Division 

BENNETI RUSHKOFF 

Chief, Public Advocacy Section 

:ALDWELL (DC Bar# 

Assis Attorney General 

Office of Attorney General Karl A. Racine 

441 Fourth Street, N.W., Suite# 650-S 

Washington, D.C. 20001 

brian.caldwell@dc.gov 

Telephone: (202) 727-6211 

• Application for pro hac vice pending 

Attorney for Plaintiff District ofCo/wnbia 

Signed: May 7, 2015 

STIPULATION RE PERMANENT INJUNCTION AGAINST REYNOLDS, II 

Page 20.50 of20 
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 1 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Federal Trade Commission; all Fifty 

States, and the District of Columbia;

Plaintiffs,

vs.

Cancer Fund of America, Inc., a Delaware 

corporation, et al.;

 Defendants.

 

CASE NO.

STIPULATED ORDER FOR 

PERMANENT INJUNCTION AND 

MONETARY JUDGMENT AGAINST 

JAMES REYNOLDS, II

Plaintiffs, the Federal Trade Commission (“FTC” or “Commission”) and the states 

of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, 

Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 

Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North 

Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 

Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West 

Virginia, Wisconsin, Wyoming, and the District of Columbia have filed a complaint for a 

permanent injunction and other equitable relief against Defendants Cancer Fund of 

America, Inc., also d/b/a Breast Cancer Financial Assistance Fund (“CFA”), Cancer 

Support Services, Inc. (“CSS”), Children’s Cancer Fund of America, Inc. (“CCFOA”), 

and The Breast Cancer Society, Inc., also d/b/a The Breast Cancer Society of America

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 1 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 2 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(“BCS”), James Reynolds, II, a/k/a James Reynolds, Jr., and other individuals, alleging 

that all named Defendants violated, among other statutes, the Federal Trade Commission 

Act, 15 U.S.C. § 45, the Telemarketing and Consumer Fraud and Abuse Prevention Act 

(“Telemarketing Act”), 15 U.S.C. §§ 6101-6108, and the Unfair and Deceptive Acts and 

Practices and Charitable Solicitation laws of the Plaintiff States. Plaintiffs and Defendant

James Reynolds, II stipulate to the entry of this Stipulated Order for Permanent 

Injunction and Monetary Judgment Against James Reynolds, II (“Order”) to resolve all 

matters in dispute in this action between them.

THEREFORE, IT IS ORDERED as follows:

FINDINGS

1. This Court has jurisdiction over this matter.

2. Venue is proper in the District of Arizona.

3. The Complaint charges that Defendant James Reynolds, II (“Reynolds, II”)

and others engaged in deceptive acts or practices by making false and misleading claims 

in charitable solicitations in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, the 

Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, and the following state statutes 

regulating charitable solicitations and prohibiting deceptive and/or unfair trade practices:

Alabama: ALA. CODE §§ 8-19-1 through -15; and 13A-9-70 through 76.

Alaska: ALASKA STAT. §§ 45.50.471 through 45.50.561; and 45.68.010 

through 45.68.900.

Arizona: ARIZ. REV. STAT. ANN. §§ 44-1521 through 44-1534 and 44-6551 

through 44-6561. 

Arkansas: ARK. CODE ANN. §§ 4-28-401 through 4-28-416; and §§ 4-88-101 

through 4-88-115.

California: CAL. GOV. CODE §§ 12580 through 12599.6; CAL. BUS. & PROF.

CODE §§ 17200 through 17206; and §§ 17510 through 17510.95.

Colorado: COLO. REV. STAT. §§ 6-1-101 through 115; and 6-16-101 through

114.

Connecticut: CONN. GEN. STAT. §§ 21a-175 through 21a-190l; and 42-110a 

through 42-110q.

Delaware: DEL. CODE ANN. tit. 6, § 2513(a) (1998); tit. 6, § 2532(a) (1995); and 

tit. 6, §§ 2595(a) – (b) (1995).

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 2 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 3 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Florida: FLA. STAT. ch. 501, Part II; and ch. 496 (2013).

Georgia: GA. CODE ANN. §§ 43-17-1 through 43-17-23 (2011).

Hawaii: HAW. REV. STAT. §§ 467B-9.6, 467B-9.7(d), and 467B-10.5; 480-15;

and Act 217 § 2 Haw. Sess. Laws (2014).

Idaho: IDAHO CODE ANN. §§ 48-601 through 619; and 48-1201 through 

1206.

Illinois: 225 ILL. COMP. STAT. §§ 460/0.01 through 460/23.

Indiana: IND. CODE §§ 23-7-8-1 through -9; and 24-5-0.5-1 through -12. 

Iowa: IOWA CODE § 714.16. 

Kansas: KAN. STAT. ANN. §§ 17-1759 through 17-1776.

Kentucky: KY. REV. STAT. ANN. §§ 367.110 through 367.300.

Louisiana: LA. REV. STAT. ANN. §§ 51:1401 through 1427; and 51:1901 through 

1909.1.

Maine: ME. REV. STAT. ANN. tit. 5, §§ 205-A through 214.

Maryland: MD. CODE ANN., BUS. REG. §§ 6-101 through 6-701 (2010).

Massachusetts: MASS. GEN. LAWS ch. 12 §§ 8 through 8M, 10; ch. 68 §§ 18 through 

35; and ch. 93A §§ 1 through 11.

Michigan: MICH. COMP. LAWS §§ 400.271 through 400.294.

Minnesota: MINN. STAT. ch. 309.

Mississippi: MISS. CODE ANN. §§ 79-11-501 through 79-11-529.

Missouri: MO. REV. STAT. ch. 407.

Montana: MONT. CODE ANN. § 30-14-103.

Nebraska: NEB. REV. STAT. §§ 21-1901 through 21-19,177; 59-1601 through 

59-1622; and 87-301 through 87-306.

Nevada: NEV. REV. STAT. §§ 598.1305, 598.0915(15), 598.096, 598.0963, and

598.097.

New 

Hampshire:

N.H. REV. STAT. ANN. §§ 7:19; 7:20; 7:21; 7:24; 7:28; 7:28-c; 7:28-f; 

and 641:8.

New Jersey: N.J. STAT. ANN. §§ 45:17A-18 through 45:17A-32(c); 56:8-1 

through 56:8-20; and N.J. ADMIN. CODE §§ 13:48-1.1 through 13:48-

15.1.

New Mexico: N.M. STAT. §§ 57-12-1 through 57-12-22; and §§ 57-22-1 through 

57-22-11 (1978).

New York: N.Y. EXEC. LAW §§ 63 (12); 171-a through 175; and N.Y. GEN. BUS.

LAW § 349.

North Carolina: N.C. GEN. STAT. ANN. §§ 75-1.1; and 131F.

North Dakota: N.D. CENT. CODE §§ 50-22-01 through 50-22-07; and 51-15-01 

through 51-15-11.

Ohio: OHIO REV. CODE ANN. § 1716.

Oklahoma: OKLA. STAT. ANN. tit. 18 §§ 552.1 through 552.22.

Oregon: OR. REV. STAT. §§ 128.886; and 646.605 through 646.636.

Pennsylvania: 10 PA. STAT. ANN. §§ 162.1 through .14 (1990).

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 3 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 4 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Rhode Island: R.I. GEN. LAWS §§ 5-53.1-1 through 5-53.1-18.

South Carolina: S.C. CODE ANN. §§ 33-56-10 through 33-56-200.

South Dakota: S.D. CODIFIED LAWS §§ 37-30-17 through 37-30-21; and 21-34-1 

through 21-34-14.

Tennessee: TENN. CODE ANN. §§ 48-101-501 through 48-101-522.

Texas: TEX. BUS. & COM. CODE ANN. §§17.41 through 17.63.

Utah: UTAH CODE ANN. §§ 13-11-1 through 13-11-23; 13-22-1 through 13-

22-23; and 13-26-1 through 13-26-11.

Vermont: VT. STAT. ANN. tit. 9 §§ 2453 through 2461; and 2471 through 2479.

Virginia: VA. CODE ANN. §§ 57-48 through 57-69.

Washington: WASH. REV. CODE §§ 19.86; and §19.09.

West Virginia: W.VA. CODE §§ 29-19-1 -15b; and 46A-1-101 through 46a-6-110.

Wisconsin: WIS. STAT. §§ 202.11-202.18.

Wyoming: WYO. STAT. ANN. §§ 40-12-101 through 114.

4. Defendant Reynolds, II neither admits nor denies any of the allegations in 

the Complaint, except as specifically stated in this Order. Only for purposes of this 

action, Defendant Reynolds, II admits the facts necessary to establish jurisdiction.

5. Plaintiffs and Defendant James Reynolds, II agree that this Order resolves 

all allegations in the Complaint.

6. Defendant Reynolds, II waives any claim that he 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 agrees to bear his own costs and attorney fees.

7. Defendant Reynolds, II waives all rights to appeal or otherwise challenge or 

contest the validity of this Order.

8. Entry of this Order is in the public interest.

DEFINITIONS

For purposes of this Order, the following definitions shall apply:

1. “Defendant” and “Reynolds, II” mean the individual defendant James 

Reynolds, II, a/k/a James Reynolds, Jr.

2. “Person” means a natural person, an organization or other legal entity, 

including a corporation, partnership, sole proprietorship, limited liability company, 

association, cooperative, or any other group or combination acting as an entity.

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 4 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 5 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3. “Charitable contribution” means any donation or gift of money or any other 

thing of value.

4. “Donor” or “consumer” means any person solicited to make a charitable 

contribution.

5. “Fundraising” means a plan, program, or campaign that is conducted to 

induce charitable contributions by mail, telephone, electronic mail, social media, or any 

other means. 

6. “Nonprofit organization” means any person that is, or is represented to be, a 

nonprofit entity, or that has, or is represented to have, a charitable purpose, specifically 

including but not limited to any such entity that purports to benefit, either in whole or in 

part, individuals who suffer or have suffered from cancer.

7. “Plaintiff States” means the states of Alabama, Alaska, Arizona, Arkansas, 

California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, 

Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 

Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New 

Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, 

Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, 

Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, 

Wyoming, and the District of Columbia.

8. “Solicitor” means any person who solicits a charitable contribution.

9. “Telemarketing” means a 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 and that involves a telephone call, whether or not covered by the 

Telemarketing Sales Rule.

10. “And” and “or” shall be construed both conjunctively and disjunctively to 

make the applicable sentence or phrase inclusive rather than exclusive.

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 5 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 6 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER

I. PROHIBITIONS RELATED TO THE SOLICITATION AND CONTROL 

OF CHARITABLE ASSETS 

IT IS FURTHER ORDERED that Reynolds, II is permanently restrained, 

enjoined, and prohibited from engaging in the following activities, directly or indirectly, 

individually, or in concert with other persons or entities:

A. Receiving any payment or other financial benefit for: (1) participating or 

assisting in the solicitation of charitable contributions, directly or indirectly, including by 

advising, acting as an independent contractor or a fundraising consultant, supplying 

contact or donor lists, or providing caging, mail processing, or fulfillment services; and

(2) controlling, directly or indirectly, or holding a majority ownership interest in, any 

entity engaged in the business of fundraising; and

B. Establishing, operating, controlling, or managing any nonprofit 

organization or other entity that holds charitable assets, or any program thereof, directly 

or indirectly, whether compensated or not, including by serving as a founder, 

incorporator, officer, director, trustee, chief executive, officer, manager, or other 

fiduciary; and

C. Managing, controlling, directing, distributing, or accounting for the use or 

application of any charitable asset, or participating or assisting in managing, controlling, 

directing, distributing, or accounting for the use or application of any charitable asset, 

directly or indirectly, whether compensated or not, including by acting as an independent 

contractor, advisor, or consultant.

D. Provided that, Reynolds, II may: (1) subject to the limitations of Section 

I.A-C, above, be employed in the capacity of a licensed medical professional by any 

nonprofit hospital or other nonprofit health care facility federally certified by the Centers 

for Medicare and Medicaid Services (CMS) and/or licensed by the relevant state 

authorities, and use the supplies and equipment necessary to perform his duties as such a 

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 6 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 7 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

licensed medical professional; he may also volunteer in a non-fiduciary capacity on an 

advisory board of any such nonprofit hospital or other nonprofit health care facility 

federally certified by the Centers for Medicare and Medicaid Services (CMS) and/or 

licensed by the relevant state authorities; (2) be employed by or volunteer for any 

nonprofit organization or other entity that holds charitable assets in any capacity not 

prohibited by Section I.A-C above, such as working in any non-supervisory role 

unrelated to the solicitation, management, custody, control, or distribution of any 

charitable asset; or (3) be employed or volunteer as a clergyman or similar position at his 

church.

E. Provided further that Reynolds, II may not be employed by any nonprofit 

organization or other entity that holds charitable assets that is directed, controlled, 

managed, or operated by any person affiliated with, or formerly affiliated with, Cancer 

Fund of America, Inc., Children’s Cancer Fund of America, Inc., or The Breast Cancer 

Society, Inc., as an employee, officer, director, or contractor.

II. PROHIBITION ON MISREPRESENTATIONS

IT IS FURTHER ORDERED that Reynolds, II and all other persons in active 

concert or participation with him who receive actual notice of this Order, whether acting 

directly or indirectly, are hereby permanently restrained and enjoined from making, or 

assisting in making, material misrepresentations in connection with the sale of consumer 

goods or services.

III. TELEMARKETING SALES RULE COMPLIANCE

IT IS FURTHER ORDERED that Reynolds, II and all other persons in active 

concert or participation with him who receive actual notice of this Order, whether acting 

directly or indirectly, are hereby permanently restrained and enjoined from violating, or

assisting others in violating, any provision of the TSR, 16 C.F.R. Part 310, as currently 

promulgated or as it hereafter may be amended.

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 7 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 8 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IV. COMPLIANCE WITH STATE LAW

IT IS FURTHER ORDERED that Reynolds, II, whether acting directly or 

indirectly, is hereby permanently restrained and enjoined from violating, or assisting 

others in violating, any provision of the following state laws:

Alabama: ALA. CODE §§ 8-19-1 through -15; and 13A-9-70 through 76.

Alaska: ALASKA STAT. §§ 45.50.471 through 45.50.561; and 45.68.010 

through 45.68.900.

Arizona: ARIZ. REV. STAT. ANN. §§ 44-1521 through 44-1534 and 44-6551 

through 44-6561. 

Arkansas: ARK. CODE ANN. §§ 4-28-401 through 4-28-416; and §§ 4-88-101 

through 4-88-115.

California: CAL. GOV. CODE §§ 12580 through 12599.6; CAL. BUS. & PROF.

CODE §§ 17200 through 17206; and §§ 17510 through 17510.95.

Colorado: COLO. REV. STAT. §§ 6-1-101through 115; and 6-16-101 through 114.

Connecticut: CONN. GEN. STAT. §§ 21a-175 through 21a-190l; and 42-110a 

through 42-110q.

Delaware: DEL. CODE ANN. tit. 6, § 2513(a) (1998); tit. 6, § 2532(a) (1995); and

tit. 6, §§ 2595(a) – (b) (1995).

Florida: FLA. STAT. ch. 501, Part II; and ch. 496 (2013).

Georgia: GA. CODE ANN. §§ 43-17-1 through 43-17-23 (2011).

Hawaii: HAW. REV. STAT. §§ 467B-9.6, 467B-9.7(d), and 467B-10.5; 480-15;

and Act 217 §2 Haw. Sess. Laws (2014).

Idaho: IDAHO CODE ANN. §§ 48-601 through 619; and 48-1201 through 

1206.

Illinois: 225 ILL. COMP. STAT. §§ 460/0.01 through 460/23.

Indiana: IND. CODE §§ 23-7-8-1 through -9; and 24-5-0.5-1 through -12. 

Iowa: IOWA CODE § 714.16. 

Kansas: KAN. STAT. ANN. §§ 17-1759 through 17-1776.

Kentucky: KY. REV. STAT. ANN. §§ 367.110 through 367.300.

Louisiana: LA. REV. STAT. ANN. §§ 51:1401 through 1427; and 51:1901 through 

1909.1.

Maine: ME. REV. STAT. ANN. tit. 5, §§ 205-A through 214.

Maryland: MD. CODE ANN., BUS. REG. §§ 6-101through 6-701 (2010).

Massachusetts: MASS. GEN. LAWS ch. 12 §§ 8 through 8M, 10; ch. 68 §§ 18 through 

35; and ch. 93A §§ 1 through 11.

Michigan: MICH. COMP. LAWS §§ 400.271 through 400.294.

Minnesota: MINN. STAT. ch. 309.

Mississippi: MISS. CODE ANN. §§ 79-11-501 through 79-11-529.

Missouri: MO. REV. STAT. ch. 407.

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 8 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 9 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Montana: MONT. CODE ANN. § 30-14-103.

Nebraska: NEB. REV. STAT. §§ 21-1901 through 21-19,177; 59-1601 through 

59-1622; and 87-301 through 87-306.

Nevada: NEV. REV. STAT. §§ 598.1305, 598.0915(15), 598.096, 598.0963, and

598.097.

New 

Hampshire:

N.H. REV. STAT. ANN. §§ 7:19; 7:20; 7:21; 7:24; 7:28; 7:28-c; 7:28-f; 

and 641:8.

New Jersey: N.J. STAT. ANN. §§ 45:17A-18 through 45:17A-32(c); 56:8-1 

through 56:8-20; and N.J. ADMIN. CODE §§ 13:48-1.1 through 13:48-

15.1.

New Mexico: N.M. STAT. §§ 57-12-1through 57-12-22; and §§ 57-22-1through 57-

22-11 (1978).

New York: N.Y. EXEC. LAW §§ 63 (12); 171-a through 175; and N.Y. GEN. BUS.

LAW § 349.

North Carolina: N.C. GEN. STAT. ANN. §§ 75-1.1; and 131F.

North Dakota: N.D. CENT. CODE §§ 50-22-01 through 50-22-07; and 51-15-01 

through 51-15-11.

Ohio: OHIO REV. CODE ANN. § 1716.

Oklahoma: OKLA. STAT. ANN. tit. 18 §§ 552.1 through 552.22.

Oregon: OR. REV. STAT. §§ 128.886; and 646.605 through 646.636.

Pennsylvania: 10 PA. STAT. ANN. §§ 162.1 through .14 (1990).

Rhode Island: R.I. GEN. LAWS §§ 5-53.1-1 through 5-53.1-18.

South Carolina: S.C. CODE ANN. §§ 33-56-10 through 33-56-200.

South Dakota: S.D. CODIFIED LAWS §§ 37-30-17 through 37-30-21; and 21-34-1 

through 21-34-14.

Tennessee: TENN. CODE ANN. §§ 48-101-501 through 48-101-522.

Texas: TEX. BUS. & COM. CODE ANN. §§17.41 through 17.63.

Utah: UTAH CODE ANN. §§ 13-11-1 through 13-11-23; 13-22-1 through 13-

22-23; and 13-26-1 through 13-26-11.

Vermont: VT. STAT. ANN. tit. 9 §§ 2453 through 2461; and 2471 through 2479.

Virginia: VA. CODE ANN. §§ 57-48 through 57-69.

Washington: WASH. REV. CODE §§ 19.86; and §19.09.

West Virginia: W.VA. CODE §§ 29-19-1 -15b; and 46A-1-101through 46a-6-110.

Wisconsin: WIS. STAT. §§ 202.11-202.18.

Wyoming: WYO. STAT. ANN. §§ 40-12-101 through 114.

V. COOPERATION

IT IS FURTHER ORDERED that Reynolds, II must cooperate fully with 

Plaintiffs’ representatives in this case and in any investigation related to or associated 

with the transactions or the occurrences that are the subject of the Complaint. Reynolds, 

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 9 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 10 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

II must provide truthful and complete information, evidence, and testimony. Reynolds, II

must appear for interviews, discovery, hearings, trials, and any other proceedings that any 

Plaintiff’s representative may reasonably request upon five days written notice, or other 

reasonable notice, at such places and times as any Plaintiff’s representative may 

designate, without the service of a subpoena.

VI. MONETARY JUDGMENT

IT IS FURTHER ORDERED that judgment is hereby entered against Reynolds, II 

as follows:

A. Judgment in the amount of sixty-five million, five hundred sixty-four 

thousand, three hundred sixty dollars ($65,564,360) is entered in favor of Plaintiffs 

against Reynolds, II, as equitable monetary relief;

B. Reynolds, II shall pay seventy-five thousand dollars ($75,000) to the STCO 

Fund described in Section VII.E, below, within seven (7) days of entry of the Order. 

Upon such payment, the remainder of the judgment shall be suspended as to Reynolds, II, 

subject to Section VI.C-E, below;

C. Plaintiffs’ agreement to the suspension of the judgment owed by Reynolds, 

II is expressly premised upon the truthfulness, accuracy, and completeness of Reynolds, 

II’s sworn financial statements and related documents (collectively, “financial 

representations”) submitted to Plaintiffs, namely:

1. the Financial Statement of Individual, signed on April 15, 2015, 

including attachments; and

2. Reynolds, II’s representations, made through his counsel, in 

correspondence dated March 16, 2015, March 19, 2015, March 25, 2015, and April 16, 

2015;

D. The suspension of the judgment will be lifted as to Reynolds, II if, upon 

motion by any Plaintiff, the Court finds that Reynolds, II failed to disclose any material 

asset, materially misstated the value of any asset, or made any other material 

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 10 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 11 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

misstatement or omission in his financial representations, identified above. If the 

suspension of the judgment is lifted pursuant to this provision, the judgment becomes 

immediately due in the amount specified in Section VI.A, above, as to Reynolds, II

(which the Parties stipulate for purposes only of this Section represents the consumer 

injury alleged in the Complaint for which Reynolds, II is liable), less any payment 

previously made by Reynolds, II pursuant to this Section, or by Defendant The Breast 

Cancer Society, Inc. pursuant to any other order entered in connection with this matter,

plus interest computed from the date of entry of this Order; and

E. The suspension of the judgment will be lifted as to Reynolds, II if, upon 

motion by any Plaintiff State, the Court finds that Reynolds, II has violated any provision 

of Section I, above, and a judgment in the amount set forth in Section VI.A, above, less 

any prior payments by Defendant Reynolds, II or The Breast Cancer Society, Inc., 

becomes immediately due as to Reynolds, II. The judgment amount shall be payable to 

the moving Plaintiff State, which shall use any money collected pursuant to the 

requirements of Section VII.E.2, below.

VII. ADDITIONAL MONETARY PROVISIONS

IT IS FURTHER ORDERED that: 

A. Reynolds, II relinquishes 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 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 Complaint establish all elements necessary to 

sustain an action by Plaintiffs pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 11 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 12 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such 

purposes;

D. Reynolds, II acknowledges that his Social Security Number, which he

previously submitted to Plaintiffs, may be used for collecting and reporting on any 

delinquent amount arising out of this Order, in accordance with 31 U.S.C. § 7701;

E. Payment to the Plaintiff States:

1. All money paid to the Plaintiff States pursuant to this Order shall be 

made by wire transfer to the Litigation Deposits Trust Fund (Fund Code “T-xx-909N”), 

an interest bearing trust fund held by the Hawaii Attorney General’s Office in trust for 

the Plaintiff States (“the short-term court ordered trust fund” or “STCO Fund”);

2. The STCO Fund shall be used to pay: (a) pursuant to cy pres, 

qualifying charitable organizations with charitable purposes substantially similar to the 

purposes for which the Defendants named in this matter solicited funds, and (b) the 

Plaintiff States to reimburse costs of the investigation and to pay attorneys’ fees. When 

payment(s) from the STCO Fund are appropriate, the Plaintiff States shall submit to this 

Court a Motion and Proposed Order recommending cy pres recipients and the amounts to 

be paid to such recipients and/or the amounts to be paid to reimburse the Plaintiff States 

for their costs and attorneys’ fees. The Hawaii Attorney General shall distribute monies 

from the STCO Fund only as authorized and directed by this Court. Reynolds, II has no 

right to challenge any recommendations regarding monetary distributions made by the 

Plaintiff States.

VIII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Reynolds, II provide acknowledgment of 

receipt of this Order:

A. Reynolds, II, within seven days of entry of this Order, must submit to 

Plaintiff Federal Trade Commission an acknowledgment of receipt of this Order sworn 

under penalty of perjury;

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 12 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 13 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

B. For five years after entry of this Order, Reynolds, II, for any business that 

he, individually or collectively with any other Defendant named in this matter, is the 

majority owner or controls directly or indirectly, must deliver a copy of this Order to: 

(1) all principals, officers, directors, and LLC managers and members; (2) all employees, 

agents, and representatives who participate in conduct related to the subject matter of this 

Order; and (3) any business entity resulting from any change in structure as set forth in 

Section IX below. Delivery must occur within seven days of entry of this Order for 

current personnel. For all others, delivery must occur before they assume their 

responsibilities; and

C. From each individual or entity to which Reynolds, II delivered a copy of 

this Order, Reynolds, II must obtain, within 30 days, a signed and dated acknowledgment 

of receipt of this Order.

IX. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Reynolds, II make timely submissions to 

Plaintiff Federal Trade Commission.

A. One year after entry of this Order, Reynolds, II must submit a compliance 

report, sworn under penalty of perjury. Reynolds, II must:

1. identify all his telephone numbers and all physical, postal, email and 

Internet addresses, including all residences; 

2. identify all his 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; 

3. describe in detail his involvement in each such business, including 

title, role, responsibilities, participation, authority, control, and any ownership;

4. identify all such businesses by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; 

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 13 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 14 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5. describe the activities of each business, including the goods and 

services offered, the means of advertising, marketing, sales, methods of payment, and the 

involvement of any other Defendant named in this matter (which Reynolds, II must 

describe if he knows or should know due to his own involvement); 

6. identify the primary physical, postal, and email address and 

telephone number, as designated points of contact, which Plaintiffs or their 

representatives may use to communicate with him; 

7. for all his activities with any nonprofit organization that Reynolds, II

undertakes in connection with Section I.D of this Order:

a. identify all such nonprofit organizations by all of their names,

telephone number[s], and physical, postal, email, and Internet addresses; and

b. describe in detail his involvement in each such nonprofit 

organization, including any title, role, responsibilities, participation, authority, and 

control;

8. describe in detail whether and how Reynolds, II is in compliance 

with each Section of this Order; and

9. provide a copy of each Order Acknowledgment obtained pursuant to 

this Order, unless previously submitted to Plaintiff Federal Trade Commission.

B. For ten years after entry of this Order, Reynolds, II must submit a 

compliance notice, sworn under penalty of perjury, within 14 days of any change in the 

following:

1. Reynolds, II must report any change in: (a) any designated point of 

contact; or (b) the structure of any entity that he has any ownership interest in or controls 

directly or indirectly that may affect 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.

2. Reynolds, II must report any change in: (a) name, including aliases 

or fictitious names, or residence address; or (b) title or role in any business activity, 

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 14 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 15 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

including any business for which he performs services, whether as an employee or

otherwise, and any entity in which he has any ownership interest or controls, directly or 

indirectly, and identify the name, physical address, and any Internet address of the 

business or entity.

3. If Reynolds, II is employed by any nonprofit organization in any

capacity permitted by Section I.D of this Order or otherwise, he must report any change 

in title or role with that nonprofit organization.

C. Reynolds, II must submit notice of the filing of any bankruptcy petition, 

insolvency proceeding, or similar proceeding by or against him within 14 days of its 

filing.

D. Any submission 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 [date] at [location]” and supplying the date, 

location, signatory’s full name, title (if applicable), and signature.

E. Unless otherwise directed by a Commission representative in writing, all 

submissions to Plaintiff Federal Trade Commission pursuant to this Order must be 

emailed to DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to:

Associate Director for Enforcement,

Bureau of Consumer Protection,

Federal Trade Commission,

600 Pennsylvania Avenue NW,

Washington, DC 20580

The subject line of each submission must begin: FTC v. Cancer Fund of America, et al.

X. RECORDKEEPING

IT IS FURTHER ORDERED that Reynolds, II must create certain records for ten 

years after entry of this Order, and retain each such record for five years. Specifically, 

for any business that he, individually or collectively with any other Defendant named in 

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 15 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 16 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

this matter, is a majority owner or controls directly or indirectly, he must create and 

retain the following records:

A. Accounting records showing revenues from all goods or services sold or 

billed; 

B. Personnel records showing, for each person providing services, whether as 

an employee or otherwise, that person’s name; address; telephone number; job title or 

position; dates of service; and reason for termination (if applicable); 

C. Records of all consumer complaints, whether received directly or indirectly, 

such as through a third party, and any response; 

D. All records necessary to demonstrate full compliance with each provision 

of this Order, including all submissions to Plaintiff Federal Trade Commission; and

E. A copy of each unique advertisement or other marketing material. 

XI. COMPLIANCE MONITORING

IT IS FURTHER ORDERED that, for purposes of monitoring Reynolds, II’s

compliance with this Order, including the accuracy of the financial representations upon 

which the judgment was suspended: 

A. Within 14 days of receipt of a written request from a representative of any 

Plaintiff, Reynolds, II must submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury; appear for depositions; and 

produce documents for inspection and copying. 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, Plaintiffs are authorized to communicate 

directly with Reynolds, II. Reynolds, II must permit representatives of any Plaintiff to 

interview any employee or other person affiliated with him who has agreed to such an 

interview. The person interviewed may have counsel present;

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 16 of 17
STIPULATED ORDER FOR PERMANENT INJUNCTION AGAINST REYNOLDS, II

Page 17 of 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

C. Plaintiffs may use all other lawful means, including posing, through their

representatives, as consumers, suppliers, or other individuals or entities, to Reynolds, II

or any individual or entity affiliated with him, without the necessity of identification or 

prior notice. Nothing in this Order limits Plaintiff Federal Trade Commission’s lawful 

use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 

49, 57b-1, or the Plaintiff States’ lawful use of relevant state laws governing pre-suit 

investigation and discovery; and

D. Upon written request from a representative of the Commission or any 

Plaintiff State, any consumer reporting agency must furnish a consumer report 

concerning Reynolds, II pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 

U.S.C. §1681b(a)(1).

XII. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order.

XIII. STATE COURT ENFORCEMENT

Without limiting the above provisions, Reynolds, II agrees that the provisions of 

Sections I, II, and IV of this Order may be enforced by any Plaintiff State in a court of 

general jurisdiction in that Plaintiff’s state if that Plaintiff State has reason to believe that 

persons in its state have been affected. Reynolds, II consents to any such court’s

jurisdiction for purposes of enforcing the terms of Sections I, II, and IV of this Order.

Case 2:15-cv-00884-NVW Document 5-1 Filed 05/19/15 Page 17 of 17