FTC versus Innovative Marketing et al - developments
As we know, Jain's legal counsel have applied for leave to withdraw as his attorneys of record. They have not been given permission to withdraw yet, and the deadline for Jain to respond to the FTC's renewed motion for sanctions was nigh, therefore Jain's counsel has filed a document in opposition to the renewed motion.
Jain's counsel claims that:
"Mr. Jain is not acting in bad faith, but on a well-justified fear that the FTC will attempt to circumvent and undermine his valid Fifth Amendment privilege against self-incrimination".
"Regarding deterrence, Mr. Jain is not guilty of a pattern of contumacious behavior; indeed, through counsel, he otherwise has actively participated in this case for almost one year."
"Finally, the FTC does not even address the possibility of lesser sanctions against Mr. Jain."
My immediate reaction, on reading the motion, was “come on, who are they trying to fool?”. Let's not forget, when reading the above, that Jain's legal counsel claim in their motion for leave to withdraw that they have NEVER had direct contact with Jain, and that they have had no indirect contact with him for more than 10 months, and that they have no idea where he is. Such silence does not equate to 'active' participation in my world.
Not surprisingly, the FTC's response has been swift and states, in part:
"Counsel’s description of Jain’s conduct bears no resemblance to the facts of this case. Jain – a fugitive for nearly a year now – has been toying with this Court and the FTC from the outset of this case. Jain has ignored the Temporary Restraining Order and Preliminary Injunction entered by this Court, and completely disregarded this Court’s most recent command that he appear for deposition."
"Jain has also wasted this Court’s time with a barrage of frivolous motions, which were designed solely to bog down this litigation and delay the FTC’s efforts to obtain redress on behalf of the millions of consumers Jain and his co-defendants have defrauded. Having succeeded in delaying this case for as long as possible, Jain has now disappeared, and left his lawyers behind to craft excuses for his egregious conduct."
It makes you wonder whether Jain's lawyers have received, or are going to receive, payment for their hard work over the past year, doesn't it. Here's hoping they received plenty of $$ in advance.