Traffic Monsoon injunction hearing delayed, Scoville changes lawyers
Bad news for those looking forward to the Traffic Monsoon preliminary injunction next week.
For reasons not yet entirely clear, the hearing has been delayed by over a month.
The case docket doesn’t explicitly state whythe preliminary injunction hearing has been delayed, but does state the delay was made at the behest of counsel.
Whether that refers to the SEC’s counsel or Charles Scoville’s counsel is unclear.
A “substitution of counsel” filing on September 14th suggests Charles Scoville might be to blame for the delay.
Scoville’s previous lawyer, Edwin S. Wall, has withdrawn from the case and been substituted for D. Loren Washburn of Washburn Law Group, LLC.
No reason for the withdrawal or substitution is provided.
While it is reasonable for Scoville’s newly appointed attorney to request additional time to prepare a defense, why Scoville is changing lawyers a week before the previously scheduled hearing is a mystery.
The Traffic Monsoon preliminary injunction is now scheduled to take place on November 1st.
edwin wall was a criminal defense attorney and loren washburn specializes in ‘Securities Enforcement, Regulatory Defense & Litigation’.
uh, so ONE week before the hearing scoville suddenly realizes he may need a civil case securities specialist rather than a criminal defense lawyer?
he’s a smart one!!
so, the fees paid to edwin wall for work done till now will mostly go wasted, i suppose. loren washburn will have his own take on the case and will need to be paid all over again. if TM affiliates are indeed funding scoville’s legal fight, he needs to be smarter with his spending!
meanwhile, scoville’s mom shirley scoville appealed for funds again, just a few hours back:
scoville who was aware about the SEC investigation for months before the freezing of his accounts, is penniless!
scoville hires the wrong type of lawyer, and realizes this one week before his hearing!
and this scoville wants his affiliates to fund his stupidities!
maybe his affiliates are dumber than him…
If the history of prosecution of “next-big-thing” HYIP frauds is anything to go by, we can expect two to four years of these delays before a complete resolution is found.
Not surprised by this news since the fundraising was not going well to cover the cost of the fees for Edwin Hall.
What is disappointing and sad is now we have to listen for six more weeks of Charles’ posting how TM is not a Ponzi and his attorney has said so BS. Maybe we will get lucky and his new attorney will tell him to shut up and Charles will actually listen and stop. One can hope.
I’m not sure what the point is in all of this. This whole case could be resolved in 5 minutes without any lawyers or any bother whatsoever.
It’s called delay tatics John. Charles is trying to delay the envitable.
The good news is that Sunil Patel will now have enough time to book a ticket and defend “his worship” in Utah
Lets’s hope Sharon James and Jose Nunes, book their flights as well, I would love to be a fly on the wall to see them both arrested for pimping a multi million pound internet scam.
now that scoville has acquired a new lawyer, he has a somewhat new spiel for why TM is not a ponzi.
how can a business share more profit than it makes? pay in $50 and get paid $55, when TM had no other source of income besides it’s ad packs?
the ‘service’ being sold by TM was very poor, and adpack buyers were receiving only a fraction of the hits they were promised. yet affiliates were reinvesting their ‘earnings’ to buy more ad packs, and the reason quite clearly was for the ROI. so, the purported ‘service’ was in reality an ‘investment’.
who else wants to take a crack at scoville’s ‘not a ponzi’ hypothesis. oz?
so, when is scoville going to inform his affiliates about the hearing being postponed?
he writes a thesis about ‘not a ponzi’ but does not have the decency to explain the delay in the hearing, or apologize to affiliates who have booked flights already?
Well, as he’s getting paid he’s not going to say they’ve little chance of winning.
Or maybe if he’s that confident he should get paid on a result – no win no fee. In other words, you get paid when you get a positive result, not until.
Scoville Facebook, 30 mins ago:
Really, that’s Scovie’s defense?
He’s toast, because he’s basically IGNORING the current LEGAL definition of Ponzi scheme, i.e. the Howey test.
Earliest investors are supposed to be paid off by earnings from the money they deposited. Scovie here basically admitted it’s a Ponzi scheme: later investors pay the early ones.
As for 2nd excuse, he basically described investment autosurf, which was already illegal since 12DailyPro was prosecuted 10 years ago, not to mention Ad Surf Daily.
Scovie basically indicted himself. Stop talking s*** Scovie. I’m not your lawyer, and this is not legal advice. But you’re just ASKING for it now. Stop putting foot in your mouth. It can’t taste that good.
As he already admitted to the Sec, you could buy the ads part of the ad pack for around $11, leaving $39 purely a fee for the revenue share, it’s hard to see how it can be argued that the only thing for sale was the ad service.
Similarly as the receiver has apparently claimed that the financial records weren’t up to snuff and the sec specifying a short fall, it’s hard to see how the we could pay every one from what we had would stack up either.
I assume his new lawyers absolute certainty that it’s all ok means he’ll be working on a no win no fee basis? So no more fighting funds needed from the faithful?
Reasonably though I don’t know who would care, haven’t they all said they were buying ads with no expectation of a return, so I guess they’ve just started buying ads elsewhere and could care not about the money?
From the Receiver today:
so scoville was aware at least a week ago that the date of the hearing could be postponed.
did he caution his affiliates not to hurry and book flights and hotels till further intimation from him?
when scoville was caught out about not informing affiliates that paypal had released TM funds, he said – hey! i was about to tell you, as a surprise!
when he changes lawyers and gets the hearing date postponed secretly, he says – hey, people online got the information Before Me the Client!!
now, the receiver has caught poor penniless scoville with an offshore bank account, lets hear his excuse about that!
if he says – hey, i Hid that money from the Greedy SEC for You my beloved affiliates – he’s going to get one tight slap!
He’s going to jail for a very long time. A guy I knew got 11 counts of 16 years each for a far lesser fraud and money laundering scheme.
I don’t know what the big deal is about Charles changing attorneys. He doesn’t need one.
he didn’t have to change the date. He has William Bryan who is showing up and presenting his FB Timeline that proves TM is not a Ponzi.
Slam dunk, case over, and TM gets all their money back and continues to operate legally as Charles has said all along; proving all of haters wrong.
OK enough sarcasm for one day.
One glaring issue is that if his new attorney saw something that obvious already about this being legit, why isn’t he running and trying to get the court date pushed up so he can prove scoville isn’t the scammer that he is.
I don’t see why he is wasting good money to hire a lawyer anyway. He should be saving that money to bribe those who want to rape him in prison. 😛
Charles hasn’t got a hope in hell of proving a ponzi is not a ponzi and he knows it. Enjoy the freedom while it lasts and delay as much as possible.
Sorry what am i thinking using the word rape here? I meant “get to know him and his flawless model better” 😛
A filing today has added John Durkin as co-counsel for Scoville.
Durkin is from Smith Correll LLP in Utah.
Edit: Corrected law firm.
More likely it’s Durkin from SmithCorrellLLP, no? Given that your Durkin is based in NH, while this one at least has an office in Salt Lake and has worked with securities before.
Bloody hell, you’re right.
The filing named a “John E. Durkin”. The one at Smith Correll LLP is also John E. Durkin (and it’s a different guy).
What are the odds?