UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. Case No: 6:23-cv-1041-WWB-DCI

UNDER SEAL

VISION ONLINE, INC., GANADORES 

IBR, INC., VISION ONLINE DIGITAL, 

LLC, VISION ONLINE ENGLISH, LLC, 

VISION ONLINE LATINO, LLC, 

RICHARD ALVAREZ, SARA ALVAREZ, 

ROBERT SHEMIN, and BRYCE 

CHAMBERLAIN, 

Defendants. 

/ 

ORDER

THIS CAUSE is before the Court on the Federal Trade Commission’s (“FTC”) Ex 

Parte Motion to Seal Docket and Entire Case File Temporarily (“Motion to Seal,” Doc. 

2), Ex Parte Motion for Temporary Restraining Order (“Motion for TRO,” Doc. 3), Ex 

Parte Request for Monitor (Doc. 5), and Ex Parte Motion for Leave to File Memorandum 

of Law in Excess of 25 Pages (Doc. 6).

In consideration of the FTC’s Motion to Seal, it is ORDERED that, good cause 

having been shown, the Motion to Seal (Doc. 2) is GRANTED, and the docket sheet and 

all pleadings and papers filed in the above-captioned matter shall be sealed. The seal 

shall lift automatically without further order of the Court at 5:00 p.m., five business days 

after the date of this Order unless the FTC moves to continue the seal before it is 

automatically lifted, in which case the seal shall remain in place until this Court rules on 

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such a motion. This Order shall only be construed to prohibit disclosure of any of the 

sealed information by the Office of the Clerk of the Court. This Order shall not be 

construed to prohibit service or other disclosure by the FTC and Court-appointed 

Receiver, or those acting on either the FCT’s or Receiver’s behalf. Additionally, the Court 

finds that good cause to exceed the page limitation has been shown and the FTC’s Ex 

Parte Motion for Leave to File Memorandum of Law in Excess of 25 Pages (Doc. 6) is 

GRANTED. 

TEMPORARY RESTRAINING ORDER

The FTC has filed its Complaint for Permanent Injunction, Monetary Relief, and 

Other Relief (“Complaint,” Doc. 1) pursuant to the Federal Trade Commission Act (“FTC 

Act”), 15 U.S.C. §§ 45(m)(1)(A)–(B), 53(b), and 57b, the Business Opportunity Rule, the 

Cooling-Off Rule, and the Consumer Review Fairness Act (“CRFA”), 15 U.S.C. § 45b,

and have moved, pursuant to Federal Rule of Civil Procedure 65(b), for an ex parte TRO.

The Court, having considered the Complaint, the ex parte Motion for TRO, and all 

declarations, exhibits, and the memorandum of points and authorities attached in support, 

and being otherwise advised, GRANTS the FTC’s Motion for TRO and FINDS and 

ORDERS as follows: 

I. FINDINGS

A. This Court has jurisdiction over the subject matter of this case, and there is good 

cause to believe that it will have jurisdiction over all parties hereto and that venue in this 

district is proper.

B. There is good cause to believe that in numerous instances, Defendants, in the sale 

of workshops, mentoring, and business opportunities (“Defendants’ Products”): (1) have 

made material misrepresentations regarding earnings claims and the nature of services 

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provided to purchasers of their products; (2) posted deceptive reviews and testimonials; 

(3) provided key documents in a language other than the one Defendants used to offer 

their products for sale; (4) failed to provide required disclosures; (5) failed to notify 

consumers properly that they have only three days to cancel; and (6) suppressed 

consumer complaints. 

C. There is good cause to believe that Defendants have engaged in and are likely to 

engage in acts or practices that violate Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), 

the Business Opportunity Rule, the Cooling-Off Rule, and the CRFA and that the FTC is 

therefore likely to prevail on the merits of this action.

D. There is good cause to believe that Defendants have collected gross revenues of 

at least $30 million in connection with their unlawful practices.

E. There is good cause to believe that immediate and irreparable harm will result from 

Defendants’ ongoing violations of the FTC Act, the Business Opportunity Rule, the 

Cooling-Off Rule, and the CRFA unless Defendants are restrained and enjoined by order 

of this Court.

F. There is good cause to believe that immediate and irreparable damage to the 

Court’s ability to grant effective final relief for consumers—including monetary restitution, 

rescission, or refunds—will occur from the sale, transfer, destruction or other disposition 

or concealment by Defendants of their assets or records, unless Defendants are 

immediately restrained and enjoined by order of this Court; and that, in accordance with 

Rule 65(b), the interests of justice require that this Order be granted without prior notice 

to Defendants. Thus, there is good cause for relieving the FTC of the duty to provide 

Defendants with prior notice of its Motion for TRO.

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G. Good cause exists for appointing a temporary monitor over the Corporate 

Defendants, preserving Corporate Defendants’ assets and documents, freezing 

Individual Defendants’ assets, permitting the FTC and the Monitor immediate access to 

the Defendants’ business premises, and permitting the FTC and the Monitor to take 

expedited discovery.

H. Weighing the equities and considering the FTC’s likelihood of ultimate success on 

the merits, a temporary restraining order with an asset freeze, the appointment of a 

temporary monitor, immediate access to business premises, expedited discovery, and 

other equitable relief is in the public interest.

I. This Court has authority to issue this Order pursuant to 15 U.S.C. §§ 53(b), 57b; 

Fed. R. Civ. P. 65; and 28 U.S.C. § 1651.

J. No security is required of any agency of the United States for issuance of a 

temporary restraining order. Fed. R. Civ. P. 65(c).

II. DEFINITIONS

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

A. “Corporate Defendants” means Vision Online, Inc., Ganadores IBR, Inc., Vision 

Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, and each of 

their subsidiaries, affiliates, successors, and assigns.

B. “Defendants” means the Corporate Defendants and the Individual Defendants, 

individually, collectively, or in any combination.

C. “Document” is synonymous in meaning and equal in scope to the usage of 

“document” and “electronically stored information” in Federal Rule of Civil Procedure 

34(a) and includes writings, drawings, graphs, charts, photographs, sound and video 

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recordings, images, internet sites, web pages, websites, electronic correspondence, 

including e-mail and instant messages, contracts, accounting data, advertisements, FTP 

Logs, Server Access Logs, books, written or printed records, handwritten notes, 

telephone logs, telephone scripts, receipt books, ledgers, personal and business 

canceled checks and check registers, bank statements, appointment books, computer 

records, customer or sales databases, and any other electronically stored information, 

including Documents located on remote servers or cloud computing systems, and other 

data or data compilations from which information can be obtained directly or, if necessary, 

after translation into a reasonably usable form. A draft or non-identical copy is a separate 

document within the meaning of the term.

D. “Electronic Data Host” means any person or entity in the business of storing, 

hosting, or otherwise maintaining electronically stored information. This includes, but is 

not limited to, any entity hosting a website or server, and any entity providing “cloudbased” electronic storage.

E. “Earnings Claim(s)” means any representation, specific or general, about income, 

revenues, financial gains, percentage gains, profit, net profit, gross profit, or return on 

investment. Earnings Claims include, but are not limited to: (a) any chart, table, or 

mathematical calculation that demonstrates possible results based upon a combination 

of variables; (b) any statements from which a prospective purchaser can reasonably infer 

that he or she will earn a minimum level of income (e.g., “earn enough money to buy a 

Porsche,” “earn a six-figure income,” or “earn your investment back within one year”); (c) 

references to quitting one’s job, not having to work, or living off income from online sales 

or real estate investing; (d) references to increased purchases or savings, including a 

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home, cars, boats, vacations, or travel; (e) any statements, claims, success stories, 

endorsements, or testimonials about the performance or profitability of representatives, 

endorsers, instructors or customers; and (f) any representation, even hypothetical, of how 

much money a consumer could or would earn.

F. “General Media” means all print, electronic, internet, social networking, radio, and 

other media outlets.

G. “Individual Defendant(s)” means Richard Alvarez, Sara Alvarez, Robert Shemin, 

and Bryce Chamberlain, individually, collectively, or in any combination.

H. “Monitor” means the temporary monitor appointed by this Order and any deputy 

monitors that shall be named by the temporary monitor.

I. “Monitored Entities” means Corporate Defendants and any other entity that has 

conducted any business related to the marketing or sale of Defendants’ Products, 

including receipt of assets derived from any activity that is the subject of the Complaint in 

this matter, and that the Monitor determines is controlled or owned by any Defendant.

J. “Person” means any natural person or any entity, corporation, partnership, or 

association of persons.

III. PROHIBITED BUSINESS ACTIVITIES

Defendants and their officers, agents, employees, and attorneys, and all other 

persons in active concert or participation with them, who receive actual notice of this 

Order by personal service or otherwise, whether acting directly or indirectly, in connection 

with the advertising, marketing, promoting, or offering for sale of any goods or services, 

are temporarily restrained and enjoined from:

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A. Making any Earnings Claims, unless, the Earnings Claim is non-misleading; and 

at the time the Earnings Claims are made, Defendants: (1) have a reasonable basis for 

the claim; (2) have in their possession written materials that substantiate the claimed 

earnings and that the claimed earnings are typical for consumers similarly situated to 

those to whom the claim is made; and (3) make the written substantiation for Earnings 

Claims available upon request to the consumer, potential purchaser or investor, the 

Monitor, and Plaintiff;

B. Misrepresenting or assisting others in misrepresenting, expressly or by implication 

that consumers: (1) will learn everything they need to know at Defendants’ three-day 

workshops to make substantial income through real estate investment or online selling; 

(2) will complete their first real estate deal during or immediately after the real estate 

investment workshop; and (3) who pay for and attend a real estate bootcamp will 

complete a profitable real estate deal at the bootcamp;

C. Misrepresenting or assisting others in misrepresenting, expressly or by implication 

that Defendants’ Products:

1. will allow purchasers to earn thousands of dollars in profit without needing a 

significant amount of money, good credit, or legal immigration status to 

succeed;

2. are only offered for a limited time;

3. can only be purchased at the workshop;

4. are only offered to selected consumers vetted by Defendants to ensure they 

will be successful;

5. provide purchasers with 100 percent funding for real estate deals; or

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6. provide purchasers with personalized assistance from experts or mentors who 

will walk consumers through completing real estate deals, including helping 

them find offers, drafting contracts, and obtaining funding;

D. Misrepresenting that: (1) Defendants need detailed financial information from 

consumers to determine if the consumers qualify for a mentoring package; and (2) 

consumers should increase their credit card limits and apply for additional credit cards to 

finance real estate deals;

E. Making false testimonials about Defendants or Defendants’ Products, or failing to 

disclose that positive reviews of, and testimonials about, Defendants or Defendants’ 

Products have been from Corporate Defendants’ owners, officers, employees, or agents;

F. Providing purchasers of Defendants’ Products with any documents in a language 

different from the one Defendants used to offer Defendants’ Products for sale, including 

purchase agreements that outline the cancellation policy and include other material terms 

of purchase;

G. Failing to furnish buyers with a fully completed receipt or copy of any contract 

pertaining to such sale at the time of its execution, which is in the same language as that 

principally used in the oral sales presentation, a “NOTICE OF CANCELLATION” or 

“NOTICE OF RIGHT TO CANCEL” in duplicate, that buyers can use to cancel the 

transaction, and orally inform buyers of their right to cancel the transaction; and

H. Offering provisions in form contracts that (1) prohibit or restrict individual 

consumers’ ability to communicate reviews, performance assessments, and similar 

analyses about a seller’s goods, services, or conduct; or (2) that impose a penalty or fee 

against individual consumers who engage in such communications. 

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IV. PROHIBITION ON RELEASE OF CUSTOMER INFORMATION

Defendants and their officers, agents, employees, and attorneys, and all other 

persons in active concert or participation with any of them, who receive actual notice of 

this Order, whether acting directly or indirectly, are hereby temporarily restrained and 

enjoined from:

A. Selling, renting, leasing, transferring, or otherwise disclosing, the name, address, 

birth date, telephone number, e-mail address, credit card number, bank account number, 

Social Security number, or other financial or identifying information of any person that any 

Defendant obtained in connection with any activity that pertains to the subject matter of 

this Order; and

B. Benefitting from or using the name, address, birth date, telephone number, e-mail 

address, credit card number, bank account number, Social Security number, or other 

financial or identifying information of any person that any Defendant obtained in 

connection with any activity that pertains to the subject matter of this Order.

Provided, however, that Defendants may disclose such identifying information to a 

law enforcement agency, to their attorneys as required for their defense, as required by 

any law, regulation, or court order, or in any filings, pleadings, or discovery in this action 

in the manner required by the Federal Rules of Civil Procedure and by any protective 

order in the case.

V. PRESERVATION OF RECORDS AND ASSETS 

Defendants and their officers, agents, employees, and attorneys, and all other 

persons in active concert or participation with any of them, who receive actual notice of 

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this Order, whether acting directly or indirectly, are hereby temporarily restrained and 

enjoined from:

A. Destroying, erasing, falsifying, writing over, mutilating, concealing, altering, 

transferring, or otherwise disposing of, in any manner, directly or indirectly, Documents 

that relate to: (1) the business, business practices, Defendants’ Products, marketing, 

assets, or business or personal finances of any Defendant; (2) the business practices or 

finances of entities directly or indirectly under the control of any Defendant; or (3) the 

business practices or finances of entities directly or indirectly under common control with 

any other Defendant; 

B. Disbursing, spending, liquidating, or assigning any Corporate Defendant’s assets 

in the amount of $5,000 or greater, in any manner, directly or indirectly, without the 

Monitor’s prior approval, except that each Corporate Defendant may make the following 

payments without Monitor approval for obligations due during the pendency of this Order

that do not exceed $5,000:

1. Payments of reasonable and customary expenses to fulfill contractual 

obligations to third parties other than the Individual Defendants;

2. Payments to fulfill federal, state, and local tax obligations;

3. Payments to employees that are reasonable and customary—but not including 

payments to the directors, owners, officers, or Individual Defendants—as 

required under the Fair Labor Standards Act or other state laws; and 

C. Failing to create and maintain Documents that, in reasonable detail, accurately, 

fairly, and completely reflect Defendants’ incomes, revenues, disbursements, 

transactions, and use of Defendants’ assets.

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VI. ASSET FREEZE OF INDIVIDUAL DEFENDANTS’ ASSETS

The Individual Defendants and their agents, employees, and attorneys, and all 

other persons in active concert or participation with any of them, who receive actual notice 

of this Order, whether acting directly or indirectly, are hereby temporarily restrained and 

enjoined from: 

A. Transferring, liquidating, converting, encumbering, pledging, loaning, selling, 

concealing, dissipating, disbursing, assigning, relinquishing, spending, withdrawing, 

granting a lien or security interest or other interest in, or otherwise disposing of any assets 

that are:

1. owned or controlled, directly or indirectly, by any Individual Defendant;

2. held, in part or in whole, for the benefit of any Individual Defendant;

3. in the actual or constructive possession of any Individual Defendant; or

4. owned or controlled by, in the actual or constructive possession of, or otherwise 

held for the benefit of, any corporation, partnership, asset protection trust, or 

other entity that is directly or indirectly owned, managed, or controlled by any 

Individual Defendant.

B. Opening or causing to be opened any safe deposit boxes, commercial mailboxes, 

or storage facilities titled in the name of any Individual Defendant or subject to access by 

any Individual Defendant, except as necessary to comply with written requests from the 

Monitor acting pursuant to its authority under this Order;

C. Incurring charges or cash advances on any credit, debit, or ATM card issued in the 

name, individually or jointly, of any Corporate Defendant or any corporation, partnership, 

or other entity directly or indirectly owned, managed, or controlled by any Individual 

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Defendant or of which any Individual Defendant is an officer, director, member, or 

manager. This includes any corporate bankcard or corporate credit card account for 

which any Individual Defendant is, or was on the date that this Order was signed, an

authorized signor; or

D. Cashing any checks or depositing any money orders or cash received from 

consumers, clients, or customers of any Individual Defendant.

The assets affected by this Section shall include: (1) all assets of Individual 

Defendants as of the time this Order is entered; and (2) assets obtained by Individual 

Defendants after this Order is entered if those assets are derived from any activity that is 

the subject of the Complaint in this matter or that is prohibited by this Order. This Section 

does not prohibit any transfers to the Monitor or Corporate Defendants or repatriation of 

foreign assets specifically required by this Order.

VII. DUTIES OF ASSET HOLDERS OF DEFENDANTS’ ASSETS AND OTHER 

THIRD PARTIES

Any financial or brokerage institution, Electronic Data Host, credit card processor, 

payment processor, merchant bank, acquiring bank, independent sales organization, 

third party processor, payment gateway, insurance company, business entity, or person 

who receives actual notice of this Order, by service or otherwise, that has: (a) held, 

controlled, or maintained custody, through an account or otherwise, of any Document on 

behalf of any Defendant or any asset that has been owned or controlled, directly or 

indirectly, by any Defendant, is held, in part or in whole, for the benefit of any Defendant, 

is in the actual or constructive possession of any Defendant, or is owned or controlled by, 

in the actual or constructive possession of, or otherwise held for the benefit of, any 

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corporation, partnership, asset protection trust, or other entity that is directly or indirectly 

owned, managed, or controlled by any Defendant; (b) held, controlled, or maintained 

custody, through an account or otherwise, of any Document or asset associated with 

credits, debits, or charges made on behalf of any Defendant, including reserve funds held 

by payment processors, credit card processors, merchant banks, acquiring banks, 

independent sales organizations, third party processors, payment gateways, insurance 

companies, or other entities; or (c) has extended credit to any Defendant, including 

through a credit card account, shall:

A. With respect only to Individual Defendants hold, preserve, and retain within its 

control and prohibit the withdrawal, removal, alteration, assignment, transfer, pledge, 

encumbrance, disbursement, dissipation, relinquishment, conversion, sale, or other 

disposal of any such Document or asset of any Individual Defendant, as well as all 

Documents or other property related to such assets, except by further order of this Court; 

provided, however, that this provision does not prohibit an Individual Defendant from 

incurring charges on a personal credit card established prior to entry of this Order, up to 

the pre-existing credit limit;

B. Deny any person, except the Monitor, access to any safe deposit box, commercial 

mailbox, or storage facility that is titled in the name of any Individual Defendant, either 

individually or jointly, or otherwise subject to access by any Individual Defendant;

C. Within three days of receiving a copy of this Order, provide the FTC’s counsel and 

the Monitor a sworn statement setting forth, for each asset or account covered by this 

Section:

1. The identification number of each such account or asset;

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2. The balance of each such account, or a description of the nature and value of 

each such asset as of the close of business on the day on which this Order is 

served, and, if the account or other asset has been closed or removed, the date 

closed or removed, the total funds removed in order to close the account, and 

the name of the person or entity to whom such account or other asset was 

remitted; and

3. The identification of any safe deposit box, commercial mailbox, or storage 

facility that is either titled in the name, individually or jointly, of any Individual 

Defendant, or is otherwise subject to access by any Individual Defendant; and

D. Upon the request of the FTC’s counsel or the Monitor, promptly provide them with 

copies of all records or other Documents pertaining to any account or asset covered by 

this Section, including originals or copies of account applications, account statements, 

signature cards, checks, drafts, deposit tickets, transfers to and from the accounts, 

including wire transfers and wire transfer instructions, all other debit and credit 

instruments or slips, currency transaction reports, 1099 forms, and all logs and records 

pertaining to safe deposit boxes, commercial mailboxes, and storage facilities.

VIII. FINANCIAL DISCLOSURES

Each Defendant, within five days of service of this Order upon them, shall prepare 

and deliver to the FTC’s counsel and the Monitor:

A. Completed financial statements on the forms attached to the Motion for TRO as 

Attachment D (Financial Statement of Individual Defendant, Doc. 3-135) for each 

Individual Defendant and Attachment E (Financial Statement of Corporate Defendant, 

Doc. 3-136) for each Corporate Defendant; and

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B. Completed Attachment F (IRS Form 4506, Request for Copy of a Tax Return, 

Doc. 3-137) for each Individual and Corporate Defendant.

C. A detailed accounting of: (1) each Individual Defendant’s net income (or loss) from 

real estate investment, whether actively (e.g., flipping, wholesaling, etc.) or passively 

(e.g., making loans, rental income—including AirBnB rentals, etc.) for the years 2019, 

2020, 2021, 2022, and 2023; (2) each Individual Defendant’s net income (or loss) from 

online selling of goods (including selling goods through Amazon and Shopify websites) 

for the years 2019, 2020, 2021, 2022, and 2023.

IX. REPATRIATION AND ACCOUNTING OF FOREIGN ASSETS

Within five days of the service of this Order, each Defendant shall:

A. Provide the FTC’s counsel and the Monitor with a full accounting, verified under 

oath and accurate as of the date of this Order, of all assets, Documents, and accounts 

outside of the United States that are: (1) titled in the name, individually or jointly, of any 

Defendant; (2) held by any Person for the benefit of any Defendant or for the benefit of 

any corporation, partnership, asset protection trust, or other entity that is directly or 

indirectly owned, managed, or controlled by any Defendant; or (3) under the direct or 

indirect control, whether jointly or singly, of any Defendant;

B. Take all steps necessary to provide the FTC’s counsel and the Monitor with access 

to all Documents and records relating to Defendants that may be held by third parties 

located outside of the territorial United States of America, including signing the Consent 

to Release of Financial Records (Doc. 3-138) attached to the Motion for TRO as 

Attachment G.

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C. Transfer to the territory of the United States all Documents and assets located in 

foreign countries that are: (1) titled in the name, individually or jointly, of any Individual 

Defendant; (2) held by any person or entity for the benefit of any Individual Defendant or 

for the benefit of, any corporation, partnership, asset protection trust, or other entity that 

is directly or indirectly owned, managed, or controlled by any Individual Defendant; or (3) 

under the direct or indirect control, whether jointly or singly, of any Individual Defendant; 

and

D. The same business day as any repatriation: (1) notify the Monitor and counsel for 

the FTC of the name and location of the financial institution or other entity that is the 

recipient of such Documents or assets; and (2) serve this Order on any such financial 

institution or other entity.

X. NON-INTERFERENCE WITH REPATRIATION OF INDIVIDUAL DEFENDANTS’ 

ASSETS

Individual Defendants and their agents, employees, and attorneys, and all other 

persons in active concert or participation with any of them, who receive actual notice of 

this Order, whether acting directly or indirectly, are hereby temporarily restrained and 

enjoined from taking any action, directly or indirectly, that may result in the encumbrance 

or dissipation of foreign assets, or in the hindrance of the repatriation required by this 

Order, including, but not limited to:

A. Sending any communication or engaging in any other act, directly or indirectly, that 

results in a determination by a foreign trustee or other entity that a “duress” event has 

occurred under the terms of a foreign trust agreement until such time that all Individual 

Defendants’ assets have been fully repatriated pursuant to this Order; or

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B. Notifying any trustee, protector, or other agent of any foreign trust or other related 

entities of either the existence of this Order, or of the fact that repatriation is required 

pursuant to a court order, until such time that all Individual Defendants’ assets have been 

fully repatriated pursuant to this Order.

XI. CONSUMER CREDIT REPORTS

The FTC’s counsel and the Monitor may obtain credit reports concerning any 

Defendant pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681b(a)(1), and, upon 

written request, any credit reporting agency from which such reports are requested shall 

provide them to Plaintiff.

XII. REPORT OF NEW BUSINESS ACTIVITY

Defendants and their officers, agents, employees, and attorneys, and all other 

persons in active concert or participation with any of them, who receive actual notice of 

this Order, whether acting directly or indirectly, are hereby temporarily restrained and 

enjoined from creating, operating, or exercising any control over any business entity, 

whether newly formed or previously inactive, including any partnership, limited 

partnership, joint venture, sole proprietorship, limited liability company, or corporation, 

without first providing the FTC’s counsel and the Monitor with a written statement 

disclosing: (1) the name of the business entity; (2) the address and telephone number of 

the business entity; (3) the names of the business entity’s officers, directors, principals, 

managers, and employees; and (4) a detailed description of the business entity’s intended 

activities.

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XIII. TEMPORARY MONITOR

The FTC’s Ex Parte Request for Monitor (Doc. 5) is GRANTED. Mark J. Bernet, 

Esq. (the “Monitor”) is appointed as temporary Monitor of the Monitored Entities and any 

of their affiliates, subsidiaries, successors, and assigns, wherever located. The Monitor 

shall be solely the agent of this Court in acting as Monitor under this Order. The Monitor 

shall be accountable directly to this Court. 

The Monitor shall have the following duties and authority:

A. Monitor the Monitored Entities’ compliance with this Order by: (1) identifying and 

reviewing their marketing materials, live events, recordings of live events, live and 

recorded telephone calls, call logs, call detail records, reports, or other Documents that 

reflect the Monitored Entities’ marketing, advertising, promotion, distribution, offer for 

sale, or sale or fulfillment of Defendants’ Products; (2) ensuring the Monitored Entities 

provided actual notice of this Order, by personal service or otherwise, to their employees 

and independent contractors, including, but not limited to, vendors, presenters, 

instructors, coaches, mentors, sales agents, distributors, subsidiaries, and any other 

entities or persons who participate in the marketing, advertising, promotion, distribution, 

offer for sale, or sale of Defendants’ Products, and have taken appropriate steps to ensure 

their compliance with the conduct prohibitions provided in this Order; and (3) whatever 

other means the Monitor finds appropriate.

B. Identify and review the Monitored Entities’ records and financial transactions, 

including bank records, as they relate to the practices charged in the Complaint or to 

Defendants’ Products and ensure that all such related documents are preserved;

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C. Identify and review the Individual Defendants’ financial records and financial 

transactions as they relate to the practices charged in the Complaint and ensure that all 

such Documents are preserved; 

D. Identify and inventory all assets of the Monitored Entities, including but not limited 

to:

1. Conducting an accounting of the Monitored Entities’ Assets; and

2. Opening and inventorying any safe deposit boxes, commercial mailboxes, or 

storage facilities titled in the name of any Monitored Entity, either individually 

or jointly, or subject to access by any Monitored Entity;

E. Review and authorize any Monitored Entities’ request to:

1. Incur reasonable charges or cash advances on any credit or bank card issued 

in the name, individually or jointly, of any Monitored Entity or any corporation, 

partnership, or other entity directly or indirectly owned, managed, or controlled 

by any Monitored Entity or of which any Monitored Entity is an officer, director, 

member, or manager, including but not limited to corporate bank cards or 

corporate credit card accounts for which any Defendant is, or was on the date 

that this Order was signed, an authorized signor;

2. Make reasonable payments to fulfill contractual obligations to third parties other 

than the Individual Defendants;

3. Make payments to fulfill federal, state, and local tax obligations; and

4. Make reasonable and customary payments to the Monitored Entities’ 

employees—other than the directors, owners, officers, or the Individual 

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Defendants—as required under the Fair Labor Standards Act or other state 

laws;

F. Maintain accurate records of all receipts and expenditures of the Monitored 

Entities;

G. Maintain accurate records of all receipts and expenditures incurred as Monitor;

H. The Monitor shall have immediate, unfettered access to all information or 

Documents the Monitor deems necessary to carry out the Monitor’s duties pursuant to 

this Order, to the same extent as the Monitored Entities themselves are allowed by right, 

contract, or practice including, but not limited to:

1. Access to all Documents pertaining to the Monitored Entities’ business 

activities and finances related to the practices charged in the Complaint or 

Defendants’ Products wherever located and in whoever’s custody or control;

2. Access to all property or premises in possession of, owned by, or under the 

control of the Monitored Entities related to the practices charged in the 

Complaint or Defendants’ Products, wherever located;

3. The right to interview any current or former employee, independent contractor, 

principal, owner, manager, or member of the Monitored Entities, including 

Individual Defendants, to obtain and copy pertinent information including, but 

not limited to, the name, home address, Social Security number, job 

description, company history, passwords or access codes, method of 

compensation, and all accrued and unpaid commissions and compensation of 

each such employee;

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4. The right to interview any Monitored Entity’s current or former officer, manager, 

independent contractor, subcontractor, financial institution, vendor, 

telecommunications provider, agent, service bureau, or other entity involved in 

the provision of any services from, to, or on behalf of the Monitored Entities, 

including Individual Defendants to obtain and copy pertinent information;

5. Access to all Documents of any officer, manager, independent contractor, 

employee, or agent of any Monitored Entity pertaining to the Monitored Entities’ 

business activities and finances related to the practices charged in the 

Complaint or Defendants’ Products;

6. The right to copy or image all Documents that the Monitor deems necessary to 

carry out the Monitor’s duties pursuant to this Order, including any documents 

in the custody or control of Individual Defendants; and

7. The right to issue subpoenas to obtain Documents and records pertaining to 

the Monitored Entities, and conduct discovery in this action that the Monitor 

deems necessary to carry out the Monitor’s duties pursuant to this Order; 

I. The Monitor is authorized to choose, engage, and employ attorneys, investigators, 

accountants, appraisers, and other independent contractors and technical specialists, as 

the Monitor deems advisable or necessary in the performance of duties and 

responsibilities under the authority granted by this Order. The Monitor is also authorized 

to obtain the assistance of the United States Marshal’s office and other federal, state, and 

local law enforcement officers as the Monitor deems necessary to fulfill the duties set forth 

in this Section. If requested by the Monitor, the United States Marshal shall provide, and 

state or local law enforcement may provide, appropriate and necessary assistance to the 

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Monitor to implement this Order and is authorized to use any necessary and reasonable 

force to do so.

J. Upon determining that a nonparty entity is a Monitored Entity, the Monitor shall 

promptly notify the entity as well as the parties, and shall inform the entity that it can 

challenge the Monitor’s determination by filing a motion with the Court;

K. The Monitor may apply to the Court for any relief necessary or appropriate to 

ensure the Monitor can carry out his duties; and

L. If, at any time, the Monitor determines that the Monitored Entities are not in 

substantial compliance with this Order, the Monitor shall notify the Court immediately.

Prior to the preliminary injunction show cause hearing set by this Order, the 

Monitor is directed to report to this Court on the Monitor’s findings, including:

A. The Monitored Entities’ compliance with this Order;

B. An accounting of the Monitored Entities’ financial transactions as they relate to the 

practices charged in the Complaint or Defendants’ Products;

C. A description of the Monitored Entities’ corporate structures including all parents, 

subsidiaries, whether wholly or partially owned, divisions, whether incorporated or not, 

affiliates, branches, charters, joint ventures, partnerships, franchises, operations under 

assumed names, and all ownership interests of the Monitored Entities.

The Monitor and all personnel hired by the Monitor, as herein authorized, including 

counsel to the Monitor and the Monitor’s accountants, are entitled to reasonable 

compensation for the performance of duties pursuant to this Order and for the cost of 

actual out-of-pocket expenses incurred by them, from the assets now held by, in the 

possession or control of, or which may be received by, the Monitored Entities. The 

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Monitor shall file with the Court and serve on the parties periodic requests for the payment 

of such reasonable compensation, with the first such request filed no more than sixty days 

after the date of entry of this Order. The Monitor shall not increase the hourly rates used 

as the bases for such fee applications without prior approval of the Court.

XIV. PROVISION OF INFORMATION TO THE MONITOR

Defendants shall provide to the Monitor, immediately upon request, without need 

of any subpoena or further order, the following:

A. A list of all Documents pertaining to the Monitored Entities’ Earnings Claims and 

other representations related to the marketing, advertising, promotion, offer for sale, or 

sale of Defendants’ Products, including any such Documents belonging to other persons 

or entities whose interests are under the direction, custody, or control, or in the 

possession, of the Monitored Entities;

B. A list of all assets and accounts of the Monitored Entities, including assets of the 

Monitored Entities that are held in any name other than the name of a Monitored Entity 

or by any Person other than a Monitored Entity;

C. A list of all assets and Documents belonging to other Persons whose interests are 

under the direction, custody, or control, or in the possession of the Monitored Entities; 

D. A list of all locations where Documents of the Monitored Entities are located and 

the means to access such Documents within five hours of the Monitor’s request;

E. Access to all Documents of the Monitored Entities including, but not limited to, 

books and records of accounts, all financial and accounting records, balance sheets, 

income statements, bank records (including monthly statements, canceled checks, 

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records of wire transfers, and check registers), client lists, title Documents, and other 

papers that relate to the practices charged in the Complaint or Defendants’ Products;

F. Access to all computers, electronic devices, mobile devices, and machines, onsite 

or remotely, and any cloud account, including specific method to access account (e.g., 

login credentials), electronic file in any medium, or other data in whatever form used to 

conduct the business of the Monitored Entities;

G. Copies of all keys, codes, usernames, and passwords necessary to gain or to 

secure access to any Assets or Documents of the Monitored Entities including, but not 

limited to, access to their business premises, means of communication, accounts, 

computer systems, or other property; and

H. A list of all agents, employees, independent contractors, officers, attorneys, 

servants, and those Persons in active concert and participation with the Monitored 

Entities, or who have been associated or done business with the Monitored Entities.

XV. COOPERATION WITH THE MONITOR

Defendants, the Monitored Entities, and their officers, agents, employees, and 

attorneys, all other Persons in active concert or participation with any of them, and all 

other persons or entities served with a copy of this Order shall fully cooperate with and 

assist the Monitor. This cooperation and assistance shall include, but is not limited to, 

providing information to the Monitor that the Monitor deems necessary to exercise the 

authority and discharge the responsibilities of the Monitor under this Order; providing any 

keys, codes, user names, and passwords required to access any computers, electronic 

devices, mobile devices, machines, onsite or remotely, and any cloud account, including 

specific method to access account, or electronic file in any medium; informing the Monitor 

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of all Persons who owe money to any Monitored Entity; transferring funds at the Monitor’s 

direction; and producing Documents related to the assets and sales and refunds of the 

Monitored Entities. The entities obligated to cooperate with the Monitor under this 

provision include, but are not limited to, banks, broker-dealers, savings and loans

institutions, escrow agents, title companies, commodity trading companies, precious 

metals dealers, credit card processors, payment processors, merchant banks, acquiring 

banks, independent sales organizations, third party processors, payment gateways, 

insurance companies, and other financial institutions and depositories of any kind, as well 

as all common carriers, telecommunications companies, and third-party billing agents. 

XVI. NON-INTERFERENCE WITH THE MONITOR

Defendants, the Monitored Entities, and their officers, agents, employees, and 

attorneys, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order and any other Person served with a copy of this Order 

are hereby restrained and enjoined from directly or indirectly:

A. Interfering with the Monitor’s efforts to carry out its duties under this Order, 

including but not limited to interfering with the Monitor’s efforts to review Documents or 

claims related to the Monitored Entities’ marketing, advertising, promotion, offer for sale, 

or sale of the Defendants’ Products;

B. Interfering with the Monitor’s efforts to inventory or review the assets or Documents 

of the Monitored Entities;

C. Destroying, secreting, defacing, transferring, or otherwise altering or disposing of

any Documents of the Monitored Entities;

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D. Transferring, receiving, altering, selling, encumbering, pledging, assigning, 

liquidating, or otherwise disposing of any assets owned, controlled, or in the possession 

or custody of, or in which an interest is held or claimed by, the Monitored Entities except 

as provided in this Order;

E. Refusing to cooperate with the Monitor or the Monitor’s duly authorized agents in 

the exercise of their duties or authority under any order of this Court; and

F. Failing to provide any assistance or information requested by the Monitor in 

connection with the performance of the Monitor’s duties under this Order.

XVII. IMMEDIATE ACCESS TO BUSINESS PREMISES AND RECORDS

The FTC and the Monitor, and their representatives, agents, contractors, and 

assistants, shall have immediate access to the business premises, records, and storage 

facilities, owned, controlled, or used by the Monitored Entities to allow the FTC and the 

Monitor to preserve assets and evidence relevant to this action and to expedite discovery. 

Such locations include, but are not limited to, 733 West Colonial Drive, Orlando, Florida

32804, and any offsite location or commercial mailbox used by the Monitored Entities.

If any Documents, computers, or electronic storage devices containing information 

related to the business practices or finances of the Monitored Entities are at a location 

other than that listed above, including the personal residence of any Defendant, then, 

immediately upon receiving notice of this Order, Defendants and the Monitored Entities 

shall produce to the Monitor all such Documents, computers, and electronic storage 

devices, along with any codes or passwords needed for access. To prevent the 

destruction of computer data, upon service of the Order, any such computers or electronic 

storage devices shall be powered down in the normal course of the operating system 

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used on such devices and shall not be powered up or used until produced for copying 

and inspection.

If any communications or records of any Monitored Entity are stored with an 

Electronic Data Host, such entity shall, immediately upon receiving notice of this Order, 

provide the Monitor with the username, passwords, and any other login credential needed 

to access the communications and records, and shall not attempt to access, or cause a 

third party to attempt to access, the communications or records.

The FTC and the Monitor, and their representatives, agents, contractors, and 

assistants, are authorized to remove Documents from the Monitored Entities’ premises in 

order that they may be inspected, inventoried, and copied. The FTC shall return any 

removed materials to the Monitor within five business days of completing inventorying 

and copying, or such time as is agreed upon by the FTC and the Monitor.

The FTC’s access to the Monitored Entities’ Documents pursuant to this Section 

shall not provide grounds for any Defendant to object to any subsequent request for 

Documents served by Plaintiff.

The FTC and the Monitor, and their representatives, agents, contractors, and 

assistants, are authorized to obtain the assistance of federal, state, and local law 

enforcement officers as they deem necessary to effect service and to implement 

peacefully the provisions of this Order.

XVIII. DISTRIBUTION OF ORDER BY DEFENDANTS

Defendants shall immediately provide a copy of this Order to each affiliate, 

telemarketer, marketer, sales entity, successor, assign, member, officer, director, 

employee, agent, independent contractor, client, attorney, spouse, subsidiary, division, 

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and representative of any Defendant, and shall, within ten days from the date of entry of 

this Order, provide the FTC and the Monitor with a sworn statement that this provision of 

the Order has been satisfied, which statement shall include the names, physical 

addresses, phone number, and e-mail addresses of each such Person who received a 

copy of the Order. Furthermore, Defendants shall not take any action that would 

encourage officers, agents, members, directors, employees, salespersons, independent 

contractors, attorneys, subsidiaries, affiliates, successors, assigns, or other Persons or 

entities in active concert or participation with them to disregard this Order or believe that 

they are not bound by its provisions. 

XIX. EXPEDITED DISCOVERY

Notwithstanding the provisions of Federal Rules of Civil Procedure 26(d), (f) and 

30(a)(2)(A)(iii), and pursuant to Rules 30(a), 33, 34, and 45, the FTC and the Monitor are 

granted leave, at any time after service of this Order, to conduct limited expedited 

discovery for the purpose of discovering: (1) the nature, location, status, and extent of 

Defendants’ assets; (2) the nature, location, and extent of Defendants’ business 

transactions and operations, including the nature of any substantiation Defendants have 

for any Earnings Claims; (3) Documents reflecting Defendants’ business transactions and 

operations, including Documents reflecting any substantiation for any Earnings Claims; 

and (4) compliance with this Order. The limited expedited discovery set forth in this 

Section shall proceed as follows: 

A. The FTC and the Monitor may take the deposition of parties and non-parties upon 

forty-eight hours’ notice. The limitations and conditions set forth in Rules 30(a)(2)(A) and 

31(a)(2)(A) regarding subsequent depositions of an individual or corporation shall not 

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apply to depositions taken pursuant to this Section. Any such deposition taken pursuant 

to this Section shall not be counted toward the deposition limit set forth in Rules 

30(a)(2)(A) and 31(a)(2)(A), and depositions may be taken by telephone or other remote 

electronic means; 

B. The FTC and the Monitor may serve upon parties requests for production of 

Documents or inspection that require production or inspection within five calendar days 

of service, provided, however, that three calendar days of notice shall be deemed 

sufficient for the production of any such Documents that are maintained or stored only in 

an electronic format;

C. The FTC and the Monitor may serve upon parties interrogatories that require 

response within five days after service of the interrogatories; 

D. The FTC and the Monitor may serve subpoenas upon non-parties that direct 

production or inspection within five calendar days of service; 

E. Service of discovery taken pursuant to this Section shall be sufficient if made by 

facsimile, e-mail, or by personal or overnight delivery; 

F. Any expedited discovery taken pursuant to this Section is in addition to, and is not 

subject to, the limits on discovery set forth in the Federal Rules of Civil Procedure and the 

Local Rules of this Court. The expedited discovery permitted by this Section does not 

require a meeting or conference of the parties, pursuant to Rules 26(d) and (f); and

G. The parties are exempted from making initial disclosures pursuant to Rule 26(a)(1) 

until further order of this Court. 

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XX. SERVICE OF THIS ORDER

Copies of this Order, the Motion for TRO, and all other pleadings, Documents, and 

exhibits filed contemporaneously with that Motion, other than the complaint and 

summons, may be served by any means, including facsimile transmission, e-mail or other 

electronic messaging, personal or overnight delivery, United States Mail or FedEx, by 

agents and employees of the FTC, by any law enforcement agency, or by private process 

server, upon any Defendant or any Person, including any financial institution, that may 

have possession, custody, or control of any asset or Document of any Corporate 

Defendant, or that may be subject to any provision of this Order pursuant to Federal Rule 

of Civil Procedure 65(d)(2). For purposes of this Section, service upon any branch, 

subsidiary, affiliate, or office of any entity shall effect service upon the entire entity. 

XXI. CORRESPONDENCE AND SERVICE ON THE FTC

 For the purpose of this Order, all correspondence and service of pleadings on the 

FTC shall be addressed to:

Virginia G. Rosa, Attorney

J. Ronald Brooke, Jr., Attorney 

Federal Trade Commission

600 Pennsylvania Ave., NW, CC-8528

Washington, DC 20580

202-326-3068 (Rosa)

202-326-3484 (Brooke)

vrosa@ftc.gov

jbrooke@ftc.gov

XXII. PRELIMINARY INJUNCTION HEARING

Pursuant to Federal Rule of Civil Procedure 65(b), Defendants shall appear before 

this Court on June 21, 2023, at 8:30 a.m., to show cause, if there is any, why this Court 

should not enter a preliminary injunction, pending final ruling on the Complaint against 

Defendants, enjoining the violations of the law alleged in the Complaint, continuing the 

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preservation of Corporate Defendants’ assets and the freeze of Individual Defendants’ 

assets, continuing the appointment of the Monitor, and imposing such additional relief as 

may be appropriate. The hearing shall be limited to argument of counsel unless the Court 

grants express leave to the contrary in advance of the hearing.

XXIII. BRIEFS AND AFFIDAVITS CONCERNING PRELIMINARY INJUNCTION

Defendants shall file with the Court and serve on the FTC’s counsel any answering 

pleadings, affidavits, motions, expert reports or declarations, or legal memoranda no later 

than four days prior to the order to show cause hearing scheduled pursuant to this Order. 

The FTC may file responsive or supplemental pleadings, materials, affidavits, or 

memoranda with the Court and serve the same on counsel for Defendants no later than 

one day prior to the order to show cause hearing. Such affidavits, pleadings, motions, 

expert reports, declarations, legal memoranda, or oppositions must be served by personal 

or overnight delivery, facsimile, or e-mail, and be received by the other party or parties no 

later than 5:00 p.m. on the dates set forth in this Section.

On or before June 14, 2023, the parties shall each file a notice, not to exceed five

pages, informing this Court if an evidentiary hearing is necessary in this matter. Any party 

requesting an evidentiary hearing shall: (1) identify with particularity all disputed issues of 

material fact or credibility determinations that are expected to impact the resolution of the 

issue; (2) the name, address, and telephone number of any witnesses that the party 

anticipates calling at a hearing; and (3) the estimated length of the requested hearing. 

The party shall also attach to its notice a detailed summary or affidavit revealing the 

substance of each proposed witness’s expected testimony and an explanation of why the 

taking of live testimony would be helpful to this Court.

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XXIV. DURATION OF THE ORDER

This Order shall expire fourteen days from the date of entry noted below, unless 

within such time, the Order is extended for an additional period pursuant to Federal Rule

of Civil Procedure 65(b)(2).

DONE and ORDERED in Orlando, Florida on June 7, 2023.

Copies furnished to:

Counsel of Record

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