Complaint Counsel's Post Trial Brief - Federal Trade Commission
Complaint Counsel's Post Trial Brief - Federal Trade Commission
Complaint Counsel's Post Trial Brief - Federal Trade Commission
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38. Respondents have generated approximately $2 milion in anual sales for the years 2006,<br />
2007, and 2008 for all ofDCO's two-hundred products. (CX 44; R15 (J. Feijo, Dep. at<br />
206,212); J. Feijo, HOJ Tr. 109,223-24).<br />
39. There is no indication in the BioMolecular Nutrtion Product Catalog that the price listed<br />
is for a donation. (R15 (J. Feijo, Dep. at 158); R16 (P. Feijo, Dep. at 76-77); J. Feijo,<br />
HOJ Tr. 140).<br />
40. There is no mention of the DCO ministr in the BioMolecular Nutrtion Product Catalog.<br />
(R15 (J. Feijo, Dep. at 161)).<br />
41. On Januar 3,2008, FTC investigator Michael Maro ("Marno") purchased the DCO<br />
Products from Respondents' Web site. (CX 10; Maro, HOJ Tr. 53-55,62-67).<br />
42. At the time of Maro's purchase, each of the DCO Products was displayed on<br />
Respondents' Web site with a pictue ofthe product, a short descrption of<br />
and a corresponding price. (Maro, HOJ Tr. 54).<br />
the product,<br />
43. There were no indications on Respondents' Web site that the DCO Products could be<br />
obtained in exchange for a donation, that these products could be purchased for a reduced<br />
price, or that these products could be received for free. (Maro, HOJ Tr. 54-55).<br />
44. Prior to makg the purchase, Maro created an undercover e-mail account to confi<br />
and monitor the progress of the purchase and received four emails from Respondents<br />
relating to the purchase ofthe DCO Products. (CX 33; Maro, HOJ Tr. 56-59).<br />
45. One of the emails Maro received, which was sent the day after he purchased the DCO<br />
Products, stated, "We appreciate your business with us," and offered a ten percent<br />
discount on a subsequent purchase. (Maro, HOJ Tr 59).<br />
46. On or about Januar 24,2008, Maro received the DCO Products. (CX 34; Maro,<br />
HOJ Tr. 60).<br />
47. Included in the shipment of the DCO Prodllcts ordered by Maro were the following: (a)<br />
BioGuide 3: The BioMolecular Nutrtion Guide to Natual Health 3; (b) "BioMolecular<br />
Nutrtion Product Catalog;" ( c) a blan purchase order form; and (d) an invoice form.<br />
(CX 34; Marno, HOJ Tr. 55-56,61).<br />
48. According to the UPS Ground shipping label attached to the package contaig the DCO<br />
Products and the DCO materals, the shipment origiated from Danel Chapter One, 822<br />
Anthony Road, Portsmouth Rhode Island 02871-5604 and was sent to an FTC<br />
undercover address in a state other than Rhode Island in the United States. (CX 34;<br />
Marno, HOJ Tr. 60).<br />
49. The shipment of the DCO Products did not contain any documents indicating that the<br />
purchase was a "donation" or thang the purchaser for makng a "donation" to Danel<br />
Chapter One. (CX 34; Marno, HOJ Tr. 60).<br />
50. According to <strong>Commission</strong> records, the amount charged to the undercover credit card<br />
used for the purchase of the DCO Products was $175.75. These records also indicate that<br />
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