in cases involving other types of fraud. The Court is, therefore, left to the provisions of 18 U.S.C. § 1345(a)(1), which state that "if a person is . . . violating or about to violate this chapter . . . the Attorney General may commence a civil action in any Federal Court to enjoin such violation."
In applying the injunction statutes, the district court in Savran noted that "when a court is called upon to exercise its equitable powers, it is axiomatic that it may provide whatever relief is necessary and proper to do complete justice under the circumstances between the parties." Savran, 755 F. Supp. at 1182 (citing Mitchell v. Robert DeMario Jewelry, Inc., 361 U.S. 288, 298-99, 4 L. Ed. 2d 323, 80 S. Ct. 332 (1960) (Whittaker, J., dissenting); see generally 1 S. Symons, Pomeroy's Equity Jurisprudence § 43, at p. 57 (5th ed. 1941) ("equity is nothing more or less than . . . the power and duty of the judge to do justice to the individual parties in each case").
"If the public interest is involved, 'those equitable powers assume an even broader and more flexible character than when only a private controversy is at stake.'" Savran, 755 F. Supp. at 1182 (quoting Porter v. Warner Holding Co., 328 U.S. 395, 398, 90 L. Ed. 1332, 66 S. Ct. 1086 (1946)); see also Olde Discount Corp. v. Tupman, 1 F.3d 202, 218-19 (3d Cir. 1993) (in which the Third Circuit upheld a district court's award of equitable relief in addition to statutory relief when it was acting "in the public interest by restoring the status quo and ordering the return of that which rightfully belongs to the purchaser").
Section 1345 has been held to vest the federal courts with power to decree broad remedial preliminary relief. U.S. v. Cen-Card Agency/C.C.A.C., 724 F. Supp. at 318 (citing United States v. Cen-Card Agency, 872 F.2d 414 (3d Cir. 1989) (in which the Third Circuit affirmed the preliminary injunction order granted by the district court)); and Savran, 755 F. Supp. at 1182 (citing generally Twiss, Boiler Room Fraud: An Operational Plan Utilizing the Injunction Against Fraud Pursuant to 18 U.S.C. § 1345, 15 Pepp. L. Rev. 503, 539-42 (1988) (broad overview of available remedies, including, appointment of a receiver, disgorgement, restitution and freezing assets)).
The Court therefore concludes that the relief requested is appropriate to protect the public from the deceptive promotions generated by the defendants and consonant with the broad equitable powers granted to the district courts by congress in matters such as these.
Because the Government has met its burden of proving probable cause to believe that the defendants' solicitations and promotions are intentionally vague, misleading, false, and in light of the precedents construing 39 U.S.C. § 3007 and 18 U.S.C. § 1345, the Court will grant the Government's application for a preliminary injunction. An appropriate order follows.
Dated: March 4, 1994
WILLIAM G. BASSLER, U.S.D.J.
ORDER - March 4, 1994, Filed; March 7, 1994, Entered
ORDER GRANTING PRELIMINARY INJUNCTIVE RELIEF
This matter having been brought before the Court by plaintiffs, the United States of America and the United States Postal Service, for a preliminary injunction pursuant to 39 U.S.C. § 3007, 18 U.S.C. § 1345 and Fed. R. Civ. P. 65; and
The Court having considered the papers submitted in support of the preliminary injunction application by Robert M. Hanna, A.U.S.A., and the papers submitted in opposition by Michael L. Levine, Esq., counsel for the defendants, Harold P. Weingold, Helen Archer, Inc., Future Forecasters Corp., Holy Trinity Society, Inc., Winners' Network, Inc., Fight Back International, Inc., Paul Zax Enterprises and Consumer's Depot Corporation, as well as the testimony of the seventeen witnesses presented at the preliminary injunction hearing and the oral arguments of counsel; and
For the reasons stated in the Opinion of the Court filed this day; and
For good cause shown:
It is on this 4th day of March, 1994 ORDERED as follows:
1. Plaintiffs application for a preliminary injunction pursuant to 39 U.S.C. § 3007 and 18 U.S.C. § 1345 is hereby GRANTED;
2. The Postal Service is directed to detain all of the defendants' incoming mail addressed to:
117 W. Mt. Pleasant Avenue
Livingston, New Jersey 07039