United States v. My Doctor Suggests LLC — Order Freezing Assets (D. Utah, Document 9)

Summary

An Order Freezing Assets in United States of America v. My Doctor Suggests LLC (d/b/a My Health Supplier), GP Silver LLC and Gordon Pedersen, Case No. 2:20-cv-00279 DBB, in the U.S. District Court for the District of Utah, filed April 28, 2020 as Document 9 and entered by Judge David Barlow. Acting on the government's motion under 18 U.S.C. § 1345, the court finds good cause to believe the defendants violated 18 U.S.C. § 1341 and 18 U.S.C. § 1343 and that an asset freeze is necessary to maintain the status quo. It takes exclusive jurisdiction of the defendants' assets and freezes them until further order, including assets on deposit with banks, brokerage firms and mutual funds. It directs financial institutions and others holding the assets to prohibit their withdrawal or transfer.

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Case 2:20-cv-00279-DBB-CMR Document 9 Filed 04/28/20 PageID.<pageID> Page 1 of 4




                                IN THE UNITED STATES DISTRICT COURT
                                          DISTRICT OF UTAH


     UNITED STATES OF AMERICA,
                                                                 ORDER FREEZING ASSETS
                 Plaintiff,

     v.                                                          Case No. 2:20-cv-00279 DBB

     MY DOCTOR SUGGESTS LLC (d/b/a
     My Health Supplier), a Utah corporation,                     Judge David Barlow
     GP SILVER LLC, a Utah corporation and
     GORDON PEDERSEN, an individual,

                 Defendants.


            This matter comes before the Court on the United States’ Motion for an Ex Parte

  Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should

  Not Issue (“Motion”) to restrain defendants MY DOCTOR SUGGESTS LLC (d/b/a My Health

  Supplier), GP SILVER LLC, and GORDON PEDERSEN, an individual, from engaging in

  ongoing violations of the federal criminal laws. The Court has considered the United States’

  Motion and Memorandum in Support, the exhibits filed therewith, and the supporting declaration

  and documentation, together with the argument of counsel. Based upon the foregoing, the Court

  makes the following findings:

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

  to believe that it will have jurisdiction over all the parties hereto, and venue in this district is

  proper.
Case 2:20-cv-00279-DBB-CMR Document 9 Filed 04/28/20 PageID.<pageID> Page 2 of 4




            2.   There is good cause to believe that Defendants have violated and are likely to

  continue engaging in acts or practices that violate 18 U.S.C. § 1341 (mail fraud) and 18 U.S.C. §

  1343 (wire fraud) and that the United States is therefore likely to prevail on the merits of this

  action.

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

  from Defendants’ ongoing violations of 18 U.S.C. § 1341 (mail fraud) and 18 U.S.C. § 1343

  (wire fraud) unless Defendants are restrained and enjoined by order of this court.

            4.   There is good cause to believe that the harm to Defendants’ business during the

  pendency of the TRO is greatly outweighed by the threat to the health and safety of individuals

  relying on Defendants’ products and the representations regarding those products and to the

  public generally.

            5.   Injunctive relief to protect the public interest is expressly authorized by 18 U.S.C.

  § 1345. The public’s interest in receiving accurate medical information, in health-related

  advertising that is not false, and in health and safety are all supported by this TRO.

            6.   Pursuant to Federal Rule of Civil Procedure 65(b), the United States has

  demonstrated that immediate and irreparable injury, loss, or damage will result if notice is given

  to the Defendants prior to entering this order.

            7.   In support of the court’s ability to grant effective final relief, good cause exists for

  freezing the Defendants’ assets. Based on the record in these proceedings, a temporary asset

  freeze of Defendants’ assets is necessary to protect assets in the custody or control of Defendants

  and to maintain the status quo.




                                               Page 2 of 4
Case 2:20-cv-00279-DBB-CMR Document 9 Filed 04/28/20 PageID.<pageID> Page 3 of 4




  THEREFORE, IT IS HEREBY ORDERED:

                                                 I.

           This court hereby takes exclusive jurisdiction and possession of the assets, of whatever

  kind and wherever situated, of Defendants MY DOCTOR SUGGESTS LLC (d/b/a My Health

  Supplier), GP SILVER LLC, and GORDON PEDERSEN (“Defendants’ Assets”).

                                                 II.

           Except as otherwise specified herein, all Defendants’ Assets are frozen until further order

  of this court. Accordingly, all persons and entities with direct or indirect control over any

  Defendant’s Assets, are hereby restrained and enjoined from directly or indirectly transferring,

  setting off, receiving, changing, selling, pledging, assigning, liquidating or otherwise disposing

  of or withdrawing such assets. This freeze shall include, but not be limited to, Defendants’

  Assets that are on deposit with financial institutions such as banks, brokerage firms and mutual

  funds.


                                                 III.

           Defendants MY DOCTOR SUGGESTS LLC (d/b/a My Health Supplier), GP SILVER

  LLC, and GORDON PEDERSEN, their agents, servants, employees, attorneys, and those

  persons in active concert or participation with them who receive actual notice of such Order by

  personal service, facsimile service, or otherwise, and each of them, hold and retain within their

  control, and otherwise prevent any withdrawal, transfer, pledge, encumbrance, assignment,

  dissipation, concealment, or other disposal of any assets, funds, or other properties (including

  money, real or personal property, securities, choses in action or property of any kind whatsoever)

  of Defendants MY DOCTOR SUGGESTS LLC (d/b/a My Health Supplier), GP SILVER LLC,


                                               Page 3 of 4
Case 2:20-cv-00279-DBB-CMR Document 9 Filed 04/28/20 PageID.<pageID> Page 4 of 4




  and GORDON PEDERSEN, currently held by them or under their control, whether held in the

  name of Defendants, or for their direct or indirect beneficial interest wherever situated, and

  directing each of the financial or brokerage institutions, debtors, and bailees, or any other person

  or entity holding such assets, funds, or other properties of Defendants to hold or retain within

  their control and prohibit the withdrawal, removal, transfer, or other disposal of any such assets,

  funds, or other properties.


                                                 IV.

         This court shall retain jurisdiction over this action for the purposes of implementing and

  carrying out the terms of all orders and decrees which may be entered herein and to entertain any

  suitable application or motion for additional relief within the jurisdiction of this court.


         DATED this 28th day of April, 2020.


                                                         BY THE COURT:



                                                         ___________________________________
                                                         DAVID BARLOW
                                                         UNITED STATES DISTRICT JUDGE




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