Second Traffic Monsoon preliminary injunction appeal filed
Charles Scoville has filed a second Traffic Monsoon appeal which, unless I’m missing something, seems to be completely pointless.
Granted the first appeal is widely seen as just an attempt to delay the inevitable, it’s still valid in the sense a defendant can exhaust all defenses available.
This second appeal doesn’t seem to serve any purpose.
The second Traffic Monsoon appeal was filed on March 13th, in response to a February 16th Second Amended Order Appoint (the) Receiver.
This order reaffirmed the appointment of the Traffic Monsoon Receiver, but limited the scope of the appointment such that Scoville maintained representation of Traffic Monsoon in the first appeal.
At first I figured Scoville was appealing that decision, in that the Receiver should retain representation of Traffic Monsoon in the appeal.
This made no sense though because the Receiver would pull Traffic Monsoon from the proceedings, which is of no benefit to Scoville.
Then I figured it was a carbon-copy appeal of the first appointment order. But that also makes no sense seeing as a decision on the first appeal has yet to be made.
Scoville has filed an “interlocutory appeal”, which is defined as
an appeal of a ruling by a trial court that is made before all claims are resolved as to all parties.
The American courts disfavor such appeals, requiring parties to wait until all the claims as to all parties are resolved before any appeal can be brought to challenge any of the decisions made by the judge during the life of the case.
Why such an appeal might be disfavored in this instance is pretty obvious.
The first appeal is basically “Traffic Monsoon isn’t a Ponzi scheme” and rehashes arguments already defeated in court.
The second amended order appointing the Receiver is identical to the first order Scoville has objected to, save for the stipulation regarding the Receiver’s representation of Traffic Monsoon in the first appeal.
So if Scoville was to appeal the second amended order, he’d be filing similar, if not identical arguments in his first appeal.
Which is pointless at this stage because the first appeal hasn’t been decided yet.
If Scoville’s arguments as to the appointment of the Receiver are shot down in the first appeal, presenting them again in a second separate appeal isn’t going to make a lick of difference.
As at the time of publication the second appeal has been received by the Tenth Circuit on March 15th.
The second appeal is in the administrative stage for now, with the court requesting various paperwork from the parties.
Meanwhile the first appeal oral arguments are scheduled for hearing next week on the 21st.
A decision on the appeal will be made sometime after (could be a day, weeks or months).
Call me cynical but this second appeal reeks of Scoville’s camp expecting a loss in the first, and lining up a second waste of time on essentially the same order.
No doubt the plan is to drag the SEC’s case out even longer (the first appeal has delayed proceedings by almost a year).
I don’t know exactly how it would play out legally, but hopefully the Tenth Circuit identifies this second appeal as a waste of time sooner rather than later.
Update 25th January 2019 – On January 24th the Tenth Circuit appeals court denied Charles Scoville’s Traffic Monsoon appeal.
And just think. Charles told all his people who he has done everything in his power to be able to pay them what they are owed as quickly as possible.
He’s on their side and of course the obligatory TM was not a Ponzi and I have done nothing wrong BS for the rationale of the first appeal.
What is totally bizarre is that he keeps begging for money to pay his attorneys because he claims he doesn’t have it, the fund raising has fallen way short of the required funds for his legal defense to date, and now he is adding more cost by this second appeal.
I wouldn’t be shocked to see him appeal this first appeal when he loses to the next higher court to delay this even longer.
Yeah Charles, you are in a rush to get your members paid ASAP my assets.
Nitwit Charles just getting played for legal fees.
He knows he is getting a real stretch of jail time.
Anything to delay that long walk.
It’s standard practice for these prosecution to take three to four years to completion.
Whatever happens during those three or four years may vary slightly, but the outcome will be the same.
Yeah, but can anyone stomach another year of stoned Charles playing god on Facebook?
hmmm maybe this second interlocutory appeal is on behalf on traffic monsoon which scoville could not file previously as traffic monsoon was under receivership?
IIRC scoville pleaded that TM had a right to appeal even though it was under receivership in the interests of due process.
the court amended the initial injunction order continuing the receivership but allowing TM as an entity to appeal using it’s own funds [not funds held by receiver].
so this second appeal may be on behalf of TM the ‘entity’ in the wake of the court amending the injunction?
not sure, but my twopence.
on feb 28, 2018, charles loonsville posted on FB:
uh ^^ loonville has formally appointed himself as the forerunner of jesus christ’s second coming. i mean, jesus christ!
so, his mummy daddy yanked him off the internet and he’s probably blowing smoke at and talking to his apartment walls now.
who knows how long this respite will last for us? 😉
Traffic Monsoon is in the first appeal, that’s why the Receiver asked to step in (and was denied in the second amended order).
Parties asked for paperwork in this second appeal are Scoville, the SEC and the Receiver.
My own take was Scoville lost his weed’n’net allowance after Feb in preparation for March oral argument rehab.
Can’t have him rocking up to court in pajamas and an Angry Birds hoodie…
Exactly what funds are those?
whatever funds scoville and his mommy can beggar up from TM affiliates/relatives/friends/neighbors etc.
though i think that well has dried up.
if you see a guy at a street corner in an angry birds hoodie holding a can – hmmm, that could be the funds TM can use!
but jokes aside, it’s probable scoville has a secret stash of money in an offshore bank. you cant fight the SEC relying on charity alone.
Brief turned in yesterday.
Oral arguments March 21st.
If I’m reading that right they’re just wanting the court to uphold the District Court’s ruling.
The Receiver would have to be pretty stupid to try to represent Traffic Monsoon in the appeal proceedings after that decision though, so it seems like a “just in case” filing.
I’m not expecting anything major tomorrow, maybe a docket update acknowledging the hearing and arguments by the end of the week. We already know the arguments so there’s nothing new there.
Hopefully they reach a decision by the end of next month.
The TM Appeal is on Pacer.gov
The case number is 17-4059
I’m guessing that’s an audio transcript?
I probably would have published a breakdown if anything was new but seeing as it’s an appeal all we can do is wait for a decision.
wow, the oral arguments were interesting to hear!
IMO the court seems convinced TM was a ponzi, but there was some to and fro about the SEC’s jurisdiction because approx 90% of TM’s investors were outside the USA.
but given that TM was incorporated as a utah firm and used servers in atlanta, and was masterminded by a US citizen, i strongly feel the court will find in favor of jurisdiction too.
reading court documents is one thing, hearing an actual court argument is a whole new level of interesting!
shirley scoville says it could take four months for the appeals court to decide.
this is her report on the hearing, and she’s not as sure of winning as her sonnyboy often projects.