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I have an issue related to a receiver appointed in federal

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court in California to auction...
I have an issue related to a receiver appointed in federal court in California to auction off property I own to settle a debt. The property is a number of internet domain names. The case is unusual in that the third cirucit in Philadelphia has ruled through another case that use of these specific domain names violates the FTC act, as they are misspellings of, and, or are similar to other domain names. That in essence, these domain names are XXXXX XXXXX view of the third circuit an "illegal prodcut."

The question I have is, aren't there some type of statutes or laws that prevent a reciever from auctioning an illegal product, such as for example a fake Rolex watch.
Submitted: 7 years ago.Category: Criminal Law
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3/1/2010
Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



The thing is, while that federal circuit may have ruled that, your federal circuit is NOT BOUND by said decision. It is only "influential." Therefore, your attorney can attempt to "stay" said sales, but even if he/she is successful by using that argument, you'd then be stripped of ownership of said property. Therefore, it's best to let it proceed, b/c at least that way you make a gain of it.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



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Customer reply replied 7 years ago

Thank you for your response. I understand what you are saying, but my real issue is related to any laws or statutes that may exist that prevent a receiver from auctioning an illegal product, such as I sited, for example a fake Rolex watch.

 

I realize this is somewhat of a specific issue, but I need to decide at this point if I will file en banc, so I was hoping to find some type of statute I could point to.

 

I have been acting pro se in the case as I could not afford an attorney to handle it.

Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
Well, let me ask you your reason behind this - are you worried of criminal/civil liability if the court orders this auctioned off?
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Customer reply replied 7 years ago

No, what I really want, and as I argued in the appeals court is that the plaintiff in the case should have gone to third circuit to get the domain names, as the FTC has pursued the issue of illegal use of these specific domain names since 2001 in two seperate cases filed against me in the third circuit.

 

Of course, the plaintiff wants to avoid the third circuit at all costs as it means he then will have to contend with the FTC, and the finding by the third circuit that the use of the domain names violates the FTC act.

 

 

Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
But I thought you ARE the Plaintiff? Can you clarify pls? :)
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Customer reply replied 7 years ago

No, I am the defendant. I owned the domain names and the domain names were sought after for a debt I owe.

Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
Oh.The way you phrases your original question made it seem like a BANKRUPTCY filing. Ha!Anyways, now that we are all clear...Your attorney, or YOU have to file a MOTION FOR STAY and argue that this property is currently being contested by another party, specifically the FTC, and by appointing someone to sell it, the Court will be unreasonably and unconstitutionally putting you into a criminal liability trap, which the Court may not do, under the 5th, 8th, and and possibly 6th Amendment. :)

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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Customer reply replied 7 years ago

I understand what you are saying. This is what for the most part I had argued in the district and appeals court. That the FTC had contested the use of the domain names and the third circuit agreed with their contentions, therefore the proper jurisdiction is in the third district.

 

The idea of putting me in a criminal liability trap might be valid and something I would have argued but, the court has avoided that by not personally ordering me to give the domain names to the court, but by ordering the domain name registrars to give the domain names to the court, or the court appointed receiver.

 

Ultimate control of domain names is in the hands of the domain name registrars, such as Network Solutions Inc., not the individual who uses the domain names, such as myself or others.

 

 

 

The

Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
You got cut off after "such as myself or others." Did you have anything else to add?
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Customer reply replied 7 years ago
No, sorry that was it. An extra "The" was in there.
Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
Ok, I gotcha, but honestly now, what I advised - that's your only option. :\ Sorry. There are no miracles here. This is already iffy, but it's worth a try.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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Customer reply replied 7 years ago

I appreciate your input on this, I realize it's an unusual area to discuss.

 

I was really hoping to get some information related directly to the question I asked concerning receivership, that is "are there some type of statutes or laws that prevent a reciever from auctioning an illegal product, such as for example a fake Rolex watch."

 

That would be in the state of California.

 

I realize this may not be exactly your area of the law with which you are involved.

Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
Believe it or not, this is not that unusual for me.The answer is that while there are crimes on the books for selling stolen property, the seller has to be complicit in knowing the product is "hot" and must be a private party. This doesn't apply for your case! This is why I am telling you to use the Constitutional grounds - criminal statutes will make NO DIFF here.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
I saw that you have viewed my answer but did not accept it. Did you have more questions? May I clarify anything?
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Customer reply replied 7 years ago

Yeah, I'm really sorry, but I think I need something more oriented to someone who has handled a recievership.

 

I really appreciate your replys, but I was looking for something a little different in the responses, more directly involved to a receiver.

Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
I'll forward this to a colleague of mine.
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Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
Actually, it might be clearer if you resisted the question, since we have a long, tangled thread. I will close this question out, and you can re-list it anew, ok?
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Customer reply replied 7 years ago

You mean restate it, right? I know it gets grazy sometimes.

 

Thank you, XXXXX XXXXX it and thanks for your responses. I'm sorry it didn't go quite the way I may have hoped.

Criminal Lawyer: Ely, Counselor at Law replied 7 years ago
Yes. I am going to close this question. Open a new one. Don't worry, you have NOT been charged. The $48 should still be on your JA account.
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Customer reply replied 7 years ago
Relist: The fellow I believe tried the best he could, I was just looking for something more related to the experience of someone who has been involved in receiverships..
The fellow I believe tried the best he could, I was just looking for something more related to the experience of someone who has been involved in receiverships.
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Ely
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