SEC sanctioned for “bad faith” in Debt Box fraud case
A court has found the SEC getting some dates wrong in its Debt Box case constitutes bad faith.
Financial sanctions have been imposed and the SEC’s request to dismiss the case for refiling has been denied.
In a whopping 80-page Memorandum Decision and Order filed on March 18th, Chief District Judge Shelby concluded;
It is essential to keep the broader context in mind. The Commission came to the court seeking the extraordinary relief of an ex parte TRO together with a sweeping asset freeze and court-appointed receiver to assume control of Defendants’ companies.
It expressly traded on its special standing as a federal agency—reminding the court it had been granted this relief several times in the past ten years—to demonstrate it could be trusted when asking for this tremendous exercise of judicial authority.
An ex parte TRO is extraordinary relief that requires a fact-based compelling showing of the irreparable harm likely to result if the TRO is not granted.
The Commission argued the facts demonstrated this: Defendants were contemporaneously and rapidly shutting down their domestic bank accounts, transferring investor funds in those accounts overseas to place them beyond the reach of the court, and undertaking efforts to obstruct the Commission—suggesting Defendants were aware of the Commission’s investigation.
Relying on the Commission’s representations, the court granted the ex parte TRO, froze Defendants’ accounts and other assets, and appointed the requested Receiver. As a result, companies were seized, assets were frozen, and lives were upended.
In the end, once Defendants had notice and an opportunity to respond, each purportedly factual pillar the Commission constructed to make the required showing of irreparable harm crumbled under scrutiny.
It was not just a single imprecise statement or inadvertent misstatement. Each piece of support the Commission offered in seeking the TRO—and then later reiterated in defending the TRO—proved to be some combination of false, mischaracterized, and misleading.
Further, the Commission not only repeated and affirmed its misrepresentations in the face of contrary evidence, it presented new falsehoods to the court in an effort to subtly shift from its previous misrepresentations without acknowledging its previous errors.
The Commission’s conduct demonstrated it knew its representations were false and it was deliberately perpetuating those falsehoods—continuing to abuse the judicial process in defense of the ex parte TRO that should not have issued.
Characterizing the SEC’s conduct, specific to getting dates wrong and the subsequent fallout, as “a gross abuse of power” warranting sanctions, Judge Shelby ordered the SEC to cover
- attorney’s fees
- costs and expenses associated with the appointment of the Debt Box Receiver and
- payment of all the Debt Box Receiver’s costs and fees
In denying the SEC’s motion to dismiss, which would effectively allowed the case to start over, Judge Shelby noted “the
Commission provides no legal authority or argument in support of its request”.
This was deemed a violation of Utah’s Local Rules, leading to the denial.
It’s important to note the SEC’s bad faith is restricted only to the process of obtaining ex-parte relief by way of a TRO, preliminary injunction and appointment of a Receiver.
It does not pertain to the underlying $49 million in fraud alleged by the SEC.
I know I might sound like I’m trivializing the SEC’s conduct with respect to the cited “bad faith”, but legal procedure and judicial enforcement of such falls beyond the scope of BehindMLM.
Our interest is in seeing Debt Box and iX Global held accountable for defrauding consumers out of tens of millions of dollars.
Even more so that, perhaps emboldened by the SEC’s mistakes, Debt Box and iX Global have doubled down.
Having personally identified iX Global’s securities fraud back in 2021, that part of the SEC’s case is solid. Given the underlying evidence, the SEC being unable to hold Debt Box and iX Global accountable would be a travesty.
As to what happens next, this is uncharted territory. I suspect the SEC’s case will continue based on the underlying evidence the SEC has gathered with respect to the broader alleged securities fraud.
Judge Shelby was careful to point out the court
has not yet had occasion to evaluate the underlying merits of this action beyond whether the Commission’s representations in furtherance of obtaining and defending its ex parte TRO align with the facts presented.
This Order focuses exclusively on the Commission’s conduct and should not be construed as offering any views on the underlying merits of the case.
At time of publication Debt Box’s and iX Global’s attempts IN8 NFT grift has flopped. As of February 2024, traffic to In8’s website was too low for SimilarWeb to track.
iX Global founder Joe Martinez (right) remains a wanted fugitive in India.
As part of an ongoing criminal case tied to iX Global’s business operations in India and Dubai, an arrest warrant was issued against Martinez last October.
Whether US authorities are building a parallel criminal case is unclear.
We’ll be periodically checking the SEC’s Debt Box and iX Global case docket for updates.
It would be a shame if they shat the bed so properly as to undermine their obvious fraud case, but perhaps it will be a lesson that they have been operating too “hard and fast” on the fly and sorting out the details later rather than properly laying out their cases initially.
$50 million plus is a large case to let go. On the flipside it’s better than a random Supreme Court decision undermining a bunch of pending cases (SC AMG case).
Guess we’ll see how they proceed now that senior attorneys are handling the case.
Saying they simply got some dates wrong does trivialize the Court’s more specific accounting of SEC errors. Hopefully, there will be a criminal case.
By the way, did you see the two FTC letters:
ftc.gov/system/files/ftc_gov/pdf/3.15.24%20Letter%28003%29.pdf
ftc.gov/system/files/ftc_gov/pdf/3.15.2024DSSRCLetter.pdf
The dates issue isn’t trivial if the focus in on legal procedures the SEC must meet to obtain ex-parte relief (typically an injunction which includes an asset freeze).
With respect to the underlying alleged securities fraud however, and subsequent litigation, SEC staff getting a few dates wrong is trivial.
Hadn’t seen that FTC correspondence. I don’t really follow the DSA or DSSRC.
I will say Joseph Mariano has a deeply flawed opinion on the importance of retail sales. He still seems to be stuck in the “ultimate users” era, which was put to the test and failed during FTC v. Vemma and FTC v. Herbalife.
An MLM company can sell 100% of inventory to ultimate users but if a significant ratio of those ultimate users are all participants in the MLM opportunity (51%+), it’s a pyramid scheme.
oz- viraj patil was managing our funds in tp global fx which we had connected via the ix global app + my team had also invested in crypto land because we were told by Joe that it will generate 20-50 Usd per day for a long time.
now we are stuck with useless bag of stuff no one wants.
we have made a group on telegram which are sharing all the videos circulated and made by Joe and team . will upload the ones which are deleted from official you tube channel of ix global and share the link here.
we are not getting any returns from crypto land too and we are planning to go to dubai to meet Joe since it seems he is in Dubal (digital silicon oasis) where people from tp global , debt box are present.
Joe Martinez playing a victim card and posts the email ( from shad Brannon) on Instagram story.
where 2 active arrest warrants are listed instead of 4 ( 2 from state police and 2 from federal agencies), said yesterday that he had spent 600k in legal fees defending himself and his company.
in8 refunds are in the hands of chad Brannon and roydon nelson – and Joe had authorised them to release the funds at their earliest convenience.
btw. one more fir was registered today against the company. more warrants soon. viraj patil stays in jail for the next appearance on 9th of April .
Wait what? The IN8 NFT grift has already collapsed?
there was a insta post by Joe yesterday that they will no longer use debt as a blockchain provider for in8 project . we will have a new solution released soon . your fees will be refunded by debt.
today chad Brannon sent an email to Joe with a copy to himself, Jason, Jake and roy in a “separation notice”.
2 active arrest warrants in india which is the violation of reseller agreement.
failure to disclose direct wire transfers to Jason Anderson’s business accounts “business funding solutions” was a breach of trust.
I’m guessing you have to be following Martinez’s account to see it? Not showing up here.
Anyway, what clown company puts out important business updates on personal Instagram accounts?
edit: There’s an update on IN8 NFT’s website. Article up soon.
2 SEC judges resign over misconduct in the Debt Box case. The media is having a field day.
There’s no such thing as an SEC judge. Two lawyers resigned.
Good. This is what taking accountability looks like. Unlike y’know, fleeing to Dubai.
Hopefully the SEC puts some more experienced attorneys on the case and refiles. The underlying securities fraud is still a violation of the Securities Act.
My apologies, I meant to say lawyers.
Can the SEC still refile? I thought there was no chance for the SEC to refile under the same claims as the Judge dismissed the case with prejudice. Would they be able to refile for Securities fraud only?
The SEC was sanctioned for getting some dates wrong in the lead up to the granted TRO (I’m not minimizing this, it’s just a trivial point with respect to the securities fraud charges).
The underlying securities fraud is still actionable. The SEC did file for voluntary dismissal but that was denied. They’ve stated in court filings they intend to file for dismissal again.
If that’s granted they’ll likely refile the case again at some point. If not then the originally filed case proceeds. The SEC sanctions have nothing to do with the underlying alleged fraudulent conduct.
Personally I think refiling is a cleaner path forward but like I said, the underlying securities fraud is still at issue so the case could technically proceed as is with new attorneys.
Seeing as we’re talking ~$49 million in securities fraud, criminal charges are also a possibility. This has already happened in India.
I thought the case was dismissed with prejudice, with the underlying merit of securities fraud not being the reason for the dismissal, and with no ability for the SEC to refile. I thought I read that in the docs, but I could be wrong Oz.
I just checked the docket on the 21st and the case was still active.
https://behindmlm.com/companies/ix-global/debt-box-promoter-ryan-bowen-dismissed-from-sec-case/