No. 22-958

Andris Pukke, et al. v. Federal Trade Commission, et al.

Lower Court: Fourth Circuit
Docketed: 2023-04-03
Status: Denied
Type: Paid
Tags: civil-contempt civil-rights due-process factfinding federal-trade-commission-act fifth-amendment injunction injunction-violation monetary-relief monetary-sanctions
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the district court denied petitioners due process by imposing civil contempt sanctions without adequate factfinding

Question Presented (OCR Extract)

question presented is whether the district court denied petitioners due process by imposing one post-trial civil “compensatory” sanction of $120.2 million on all of them and a second of $172 million on one of them for violating a 14-year-old injunction in a different case, without receiving or giving them an opportunity to rebut any evidence and without factfinding. 2. The district court froze petitioners’ funds so they would be available for monetary relief to respondent under section 13(b) of the Federal Trade Commission Act (“FTCA”), 15 U.S.C. § 53(b), and denied petitioners access to those funds to hire trial counsel. Asa result, two petitioners were compelled to defend themselves at trial pro se, the third petitioner defaulted, and the district court ultimately found petitioners liable for violating the FTCA. However, because this Court subsequently held in AMG Capital Management, LLC v. FTC, 1418. Ct. 1341 (2021), that respondent had no authority under section 13(b) to seek or obtain monetary relief, the district court had no authority to freeze petitioners’ assets in the first place. u The second question presented is whether the district court’s holding that petitioners violated the FTCA must be vacated because petitioners were wrongfully denied their Fifth Amendment right to retain and fund counsel of their choice.

Docket Entries

2023-10-02
Petition DENIED.
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-15
2023-06-02
Brief of Federal Respondent in opposition filed.
2023-05-03
Motion to extend the time to file a response is granted and the time is extended to and including June 2, 2023.
2023-05-02
Motion to extend the time to file a response from May 3, 2023 to June 2, 2023, submitted to The Clerk.
2023-03-30
Petition for a writ of certiorari filed. (Response due May 3, 2023)

Attorneys

Andris Pukke, et al.
Neil H. KoslowePotomac Law Group, PLLC, Petitioner
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent