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Wills, Trusts & Estates Keyed to Sterk
Federal Trade Commission v. Affordable Media, LLC
Citation:
179 F.3d 1228 (1999)Facts
Denyse and Michael Anderson ran a fraudulent telemarketing scheme that left investors with massive losses. They earned commissions from the scam, which were then hidden in an irrevocable trust in the Cook Islands to protect the assets from future legal claims. When the Federal Trade Commission (FTC) sought to recover funds for the defrauded investors, the Andersons argued that they should keep the commissions and refused to repatriate the funds, citing a provision in the trust that prohibited asset release in the event of “duress.” Despite the FTC’s court orders to repatriate the funds, the Andersons failed to comply. The district court found them in civil contempt for not adhering to the orders and upheld the decision on appeal. The case highlighted the Andersons’ attempt to shield their ill-gotten gains through international legal maneuvers, which were unsuccessful in the face of U.S. court intervention.
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