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HomeMy WebLinkAboutHome occupation complaint MEMORANDUM DATE: 6 May 2013 TO: Street File for 2280 French Creek Circle FROM: Melanie Curtis, Planning&Zoning Coordinator RE: Illegal Home Occupation Complaint In response to a complaint regarding an illegal home occupation received on April 18, 2013, staff opened a code violation investigation file. The reported and observed activity does not appear to clearly violate City Code Section 78-1376 relating to Home Occupations. The complaint is unfounded; the violation investigation file is considered closed. � � ► � � i �� l� �� Thanks for speaking to me today about the home occupancy issue in French Creek. I thought it would be helpful to send you these three documents: 1. The letter that was sent from our board to Mr. Ulrich on October 1, 2012, asking him to bring the operation of his business "into compliance with the Orono Municipal Code."As I told you on the phone today, we have received no response from Mr. Ulrich regarding this. 2. An article from the Orland Sentinel about Mr. Ulrich being robbed at gunpoint while on a business trip in Florida. This provides some clues as to the type of business that Mr. Ulrich operates, as well as the type of people he hires as employees. http://articles.orlandosentinel.com/2011-12-12/news/os-florida-mall-hotel-robbery-20111212 1 hotel- rooms-deputies-florida-mal I-hotel 3. A case summary from the Federal Trade Commission, Appellee v. Security Rate Coin & Bullion (Mr. Ulrich's company) http://law.lustia.com/cases/federal/appellate-courts/F2/931/1312/423369/ Please let me know what you find out after discussing this with your colleagues. Thanks again, � �� � � ' October 1, 2012 Mr. Bill Ulrich 2280 French Creek Circle Orono, MN 55391 Dear Bill: By way of introduction, I am Brian 0'Connell, a relatively new resident in French Creek and currently serving as the President of the French Creek Owners Association Board of Directors. I'm writing to you on behalf of the Board to inquire about what appears to be business activity over the past several months being conducted on your property. There have been several instances with cars parked on the street and what appear to be employees or associates working at the property. These cars and personnel certainly give the appearance that business is being conducted at your property and they have, at times, blocked mailboxes and interfered with school bus drop-offs. As you may know, our Association covenants address business use of French Creek properties in three areas. Article 1, Section 1 states that "each lot shall be used solely and exclusively for residential purposes." Article III, Section 1 states, "...nor shall anything be done which may be or may become an annoyance or nuisance to the neighborhood." Lastly, Article VI, Section 2(c)tasks the design approval process for new construction or remodeling projects to "prevent any commercial, business, or industrial use of the land." More importantly,the Municipal Code for the city of Orono places certain restrictions and requirements on home occupations. Specifically, the city defines a home occupation with employed persons other than the occupants of the dwelling as a Level 2 home occupation requiring an annual license from the city of Orono (Municipal Code, Section 78-1376). In addition the code also places certain restrictions on Level 2 home occupations, specifically 1. The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. 2. Employed persons: No one other than the occupants of the dwelling and one employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of either shall work on the premises for more than 40 hours in one week. The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully screened from the street and from adjoining properties. � ' 3. Parking: All vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation. Off- street parking areas providing more than two spaces for the home occupation shall be visually screened from adjacent residential lots. 4. Commercial or non-passenger vehicles: Parking/storage of any commercial or non-passenger vehicles used in the home occupation shall be within a fully enclosed building. The Board would appreciate any details, explanations or clarifications you can provide as to the nature of the activity that occurs periodically at your property. If you are indeed conducting business operations at your property, we ask that you bring those operations into compliance with the Orono Municipal Code. If there are not any business operations occurring at your property, the Board would expect that no cars would be parked on the street and no employees or associates would be working at the property. We look forward to your response, and if you have any questions or would like any additional information from the Board, you can reach me directly at the contact information listed below. Sincerely, Brian 0'Connell President, French Creek Owners Association Mobile: (952) 221-3153 Email: bpoc62@gmail.com � .Florida Mall hotel robbery gold buyers: - Orlando Sentinel Page 1 of 3 E-EDITION HOME DELIVERY DIGITAL MEMBERSHIPS PLACE AN AD JOBS CARS REAL ESTATE RENTAIS CLASSIFIEDS `�'' �' � • 10:58 AM EDT �� Friday,April 19,2013 $��F HOME LOCAL WEATHER SPORTS BUSINESS ENTERTAINMENT LIFE/FAMILY HEALTH TRAVEL OPINION VIDEOS � BREAKING OBITUARIES CRIME POLITICS ORANGE SEMINOLE LAKE OSCEOLA WINTER PARK COLLEGE PARK CLERMONT U.S.NVORLD FAMU WEEKLY ADS �' TRENDING Boston Suspects � Brittney Griner NFL Schedule I Rihanna I Ann Curry '�i Knsten Wig ''��.... Paul McCartney Search ��� ..•1 Watch live NOW: John Kerry Press conference �:_ �� +!t� �� i � � �� �i v4�����.r ..JJ=�r'J i.t �.. �� J d a Ads By Google Home —.Collections—.Deputies �----..—� Estate buyers robbed at Florida Mall � o Bankruptcy Attorney hOtel I Ex-employee charged with inside job. Dutcher& Paschka P.A.Alexandria and Long Prairie December 12,2011 �Henry Pierson Curtis,Orlando Sentinel DutcherLawOffice.com A recently fired employee of a nationwide business buying gold and other valuables was charged Sunday with robbing his former bosses at the Florida Mall Hotel and Conference Center,according to the Orange County Sheriffs office. One of the victims called the front desk about 5:30 a.m. saying she was being robbed in her hotel room by two men who threatened to kill her. Ads By Google - . Ever Been ; Arrested? �� ,, ... then your ar��st r�cord is CountryOutFitter.Com onlina and ANYONE can view it. Shop Lucchese, Frye,Ariat&More.All Boots Ship Free! Want to see what's in yours? www.Countrv0 utfitter.com Click here to check instantlY. Related Articles The thieves targeted a series of safes holding up to$400,000 in merchandise purchased over the Mom arrested after boy,7,found alone at motel weekend from Central Floridians responding to advertisements to sell gold jewelry,rare coins,collectibles January22,2013 and watches,according to a sheriffs report and advertising for the three-day event. Brink's guard accused of taking$33,000 from ATMs �en deputies arrived at the hotel on Sand Lake Road,they stopped what appeared to be an elderly oaoberz�,zoo� man trying to leave the hotel with bags of trash. 2 Men Rob Hotel Clerks After They Tie Up Guard ��As I took a closer look at the subject's face,he did not look quite right,"a deputy wrote,describing a full- oaobers,�sss face mask that covered the man's head and shoulders."It appeared the subjecYs skin was falling off his Maryland Man Charged In Hotel Room Burglanes face." Odober 23,1999 The man in the mask turned out to be Ramon Rivera,51,of Columbus,Ohio,who was fired two weeks ago by Anderson,Carter,Tira&Associates estate buyers for suspicion of the theft.He was armed with a knife,the reports state. Find More Stories About A short while later,deputies detained Timothy M.Crawford,52,also of Columbus,after he admitted he was carrying a pistol that turned out to be a BB gun,records state. oeputies Meanwhile,a second victim called on the phone saying he had been robbed,as well. Hotel Rooms http://articles.orlandosentinel.com/2011-12-12/news/os-florida-mall-hotel-robbery-201112... 4/19/2013 � .Florida Mall hotel robbery gold buyers: - Orlando Sentinel Page 2 of 3 Told by deputies to come down to the lobby,William Ulrich stepped off an elevator bleeding from a cut on his forehead and his hands still tied behind his back with plastic zip ties used by the robbers,the report states. Ulrich,one of the organizers of the three-day event,told deputies he had been asleep in his room when someone started hitting him on the head.He was sharing a two-floor suite with Christine Johnson,who was staying in another room when she too had been threatened and tied up by the robbers,the report states. It was not released how the robbers entered the suite,but Ulrich told deputies he had met a woman earlier in the evening in the hotel bar who had stayed with him in his room until about midnight. During the robbery,Ulrich said he was hit a number of times until he gave his attackers keys to the hotel rooms where the safes were stored along with the codes to open them.He estimated the safes contained $300,000 to$400,000 in merchandise,according to the report. Rivera and Crawford were arrested on multiple charges,including robbery and grand theft of at least $100,000. The Florida Mall hotel was one of four Orlando-area locations where the estate buyers advertised they would have$4 million in cash to buy gold,jewelry and other items over the weekend.In a three-page advertisement on Friday in the Orlando Sentinel,the company said it would provide on-site security and private viewing rooms where all items would be evaluated and bought for up to$100,000 and more. Ads By Google Man Cheats Credit Score 1 simple trick&my credit score jumped 217 pts. Banks hate this! www.thecreditsolution proqram.com "Cash in Hand.Our buyers will pay you in cash on the spot cash,"the ad stated."So why not look through your home,safe deposit box,and attic for things you might wish to sell,and come see us today." The estate buyers were also working at Hilton Garden Inn in Lake Mary,the Radisson Hotel Orlando UCF on North Alafaya Trail and the Crowne Plaza Orlando Downtown on West Colonial Drive. None of those three hotels reported a similar robbery over the weekend. Rivera and Crawford were each charged with home invasion,false imprisonment with a weapon and a mask,first-degree grand theft of$100,000 or more,aggravated battery with a deadly weapon and aggravated assault.They remain held without bail in the Orange County Jail. hcurtis@tribune.com or407-420-5257 Ads By Google Joint Relief Solution This shockingly simple joint relief solution is flying off of shelves www.instaflex.com Featured Articles W*,���� ��'r�t��'",,-�';3j _ � �C '3-a..ir'W7ev"' �'�py ��`` � � ��'�k� _' � `'7 s�� � � �� .i., � � - :,, � , � . u� �'� � � ,� _r �l'' � view Viufoou��.�, ... � `i '°N E' RanKi�s '4,p � '�� (• Audion set for Warren Sapp's Police offcer fired over Trayvon Paul McCartney will play in W ndermere home Martin shooting target Orlando MORE: Escort charged with attempted murder for penis-biting Newell Gets Life In Prison For Husband's Murder Greal foreclosure deals in Orlando grow scarce Lottery results for Powerball,Florida Lotto Schamburg's Disease Causes Red Spots On The Legs Orlando keeps seaets about McCariney show Index by Keyword � Index by Date � Privacy Policy � Terms of Service / � � http://articles.orlandosentinel.com/2011-12-12/news/os-florida-mall-hotel-robbery-201112... 4/19/2013 ' , FTC CHARGES MINNESOTA LAW FIRM AND BANK WITH CONSPIRING TO DE... Page 1 of 2 News FTC CHARGES MINNESOTA LAW FIRM AND BANK WITH CONSPIRING TO DEFRAUD THE AGENCY OUT OF AN $11 MILLION JUDGMENT IN COIN FRAUD CASE � December 1992 The Federal Trade Commission has charged a Minnesota law firm and a Minneapolis bank in federal district court with fraudulently agreeing to prevent the agency from collecting on an $11.2 million federal court judgment. The FTC had won the judgment for consumer redress in a previous case against a rare-coin marketer. Named in today's case are Larkin, Hoffman, Daly & Lindgren, Ltd., of Bloomington; and the National City Bank, of Minneapolis. According to the FTC, the defendants helped the coin marketer fraudulently transfer several million dollars in rare coins into trusts for his three daughters and then convert a substantial portion of the coins back to his own use, and that they unlawfully and wrongfully acted to conceal assets belonging to the coin marketer and to put those assets beyond the reach of the FTC. In its complaint detailing the allegations, the FTC is seeking to void all illegal transfers of money made to the defendants, pursuant to federal and state law; compensatory damages against the defendants for aiding and abetting, conspiracy, and, as to National City Bank, breach of fiduciary duty; and, according to the complaint, an award for punitive damages not to exceed $11.2 million. This case stems from the FTCs 1986 case against Minneapolis coin dealer William J. Ulrich and his firm, Security Rare Coin& Bullion Corparation, a leading nationwide seller of coins for investment that was based in Minneapolis. The FTC filed its suit against Ulrich and his firm on Dec. 29, 1986, and sought consumer redress in excess of$20 million. According to the complaint filed late yesterday, FTC staff began investigating Ulrich in the summer of 1986, and came to believe that he was selling his coins for three to four times their true value while representing that they were low-risk, high- profit investments sold at or near their market value. During the fall of 1986 and the winter of 1987, the complaint states, Ulrich's attorneys and the bank knew that his "potential liability in the FTC matter could equal tens of millions of dollars." Yet, beginning in the fall of 1986 and continuing until May of last year, according to the complaint, Ulrich conspired with, and was aided and abetted by, the law firm and the bank "in an unlawful plan to remove, conceal, and protect his assets from the reach of the FTC." This allegedly was accomplished through a series of fraudulent conveyances and other unlawful transactions, which succeeded in making Ulrich virtually judgment proof, the FTC charged. http://coin-fraud-news.com/index.php?option=com_content&view=article&id=72:fto-char... 4/18/2013 FTC CHARGES MINNESOTA LAW FIRM AND BANK WITH CONSPIRING TO DE... Page 2 of 2 According to the complaint, in the fall of 1986, Ulrich, with the assistance of the Larkin, Hoffman firm, allegedly attempted to place a substantial amount of his rare-coin holdings into three identical trusts the firm had helped him set up for his daughters in 1985. The complaint states that an attorney at Larkin, Hoffman, worked with Ulrich to devise a plan-- which included backdating documents and altering them to remove creation-date codes -- to make it appear as if the coin holdings had been placed in the trusts prior to Ulrich's knowledge of the FTC investigation. (Had this been the case, the FTC could not have reached the trust- account holdings in its suit for consumer redress.) Later, according to the complaint, an attorney at Larkin, Hoffman made numerous false statements during a deposition and misled the court in an affidavit about when he believed the gifts to the trust actually had been made. Further, the complaint states, the National City Bank of Minneapolis allegedly accepted a position in April 1987 as corporate trustee of Ulrich's trusts despite the objection of several bank employees who were concerned about Ulrich's legal problems and possible unlawful motives for using the bank as trustee. The "gifted" coins then were physically transferred to the National City Bank's vault. Then, the FTC charged, National City Bank and Ulrich agreed not to liquidate the coins, as required by state law and federal banking regulations. From June 1989 until April 1991, the FTC alleged, National City Bank substantially assisted Ulrich in a scheme to shield assets from the FTC by giving him free rein to control and liquidate the trust assets as he chose, in violation of the bank's legal responsibilities. The FTC alleged that the bank appointed Ulrich as its agent to liquidate the coins and allowed him to remove the coins from the bank's vaults. The complaint states that, although the coins at issue in these sales were estimated by the bank to be worth upwards of several million dollars in 1987, the trust accounts received only $266,000 from the sales. Ulrich allegedly converted approximately $400,000 of the coin sale proceeds to his own use. Ulrich's free rein over the trust coins continued long after it was clear to National City Bank the value of the trust assets was being substantially depleted, according to the complaint. In a separate statement, concurring in part and dissenting in part, Commissioner Deborah K. Owen stated, "The complaint in this matter pleads four causes of action. Based on the evidence available, I concur in three counts, and dissent as to the count alleging conspiracy. Because others may review the Commission's complaint for guidance in their own efforts to comply with the law, I would stress that the complaint should be read as a whole.... Certain of the individual actions alleged here might well be consistent with lawful professional conduct, under different circumstances. However, given the weight of the evidence available, I was persuaded that a complaint with three counts should issue, based on the totality of the alleged conduct." Source: http://www.crimes-of-persuasion.com/players/ulrich william.htm http://coin-fraud-news.com/index.php?option=com_content&view=article&id=72:ftc-char... 4/18/2013 r ' � Traveling gold buyers play lowball Page 1 of 1 Click lo Print � I1linoisTimes � ���� Thursday,October 7,2010 Traveling gold buyers play lowball Buying Roadshow linked to convicted fraudster BY PATRICK YEAGLE � ... y,��„y ... . - z- � .:.�:,'�nt ""�!�'�'>>.� � �� � ``' � .� .., � r'' "�� �, rou of travelin .��r ,�,�.� � � g p g gold buyers visited Springfield last week, . „�r�i r' ���b.l. . p�;,� +,�-_����'� � '{ ,. ����sing questions about their business practices and associations ^�f ""�� ti� :��th a convicted fraudster. � �'� �_�, � " ;.:ti.:_-�'- - � �•� � -�group calling themselves"Estate Buyers Group"set up shop at �-.' ���-� � �. � . .-.' � N �� i the Ramada Springfield North,3281 Northfield Drive,from Sept. � '�-„�, w l 27 to Oct.2,in what it called the"original Buying Roadshow," =�`�jr f !: ��. �nviting Springfield residents to bring coins,jewelry and other �� - �"r'�"' " collectibles for appraisal and purchase.Jim Hausman,owner of > � � , � � .� ' �A ����� ..�'. The Gold Center in Springfield,says the group appraised � " ~ } valuables at far below market value while they were here, ��*✓ �� M�`'.'��J essentially scamming their customers. , l`� `�i �' iJ �r J - � ��e�P .•�_ -lausman says he took a rere coin valued at about$5,000 for � �ppraisal,mixed in with several coins of low value.He was - I -�i�.� '``, , - offered only$200 for the whole bt,he says. ��:.� � ��r . .�.. \ �'��w# �� ���4� � An Illinois Times investigation found that the group offered � . � � �,..� r s�gnificantly less than market value for silver coins taken for �? � appraisal Wrth the price of silver at$22.09 per ounce,an Illinois ���� ` � ;;��.,.j'y��� �" � Times reporter took two one-ounce silver coins and two smaller sdver coins weighing just over a third of an ounce each for appraisal.The value of the silver in the coins was about$60,but an appraiser who identified himself as Ron offered the reporter$40 for the whole lot. That may not sound like a bad deal,Hausman says,until you consider that the offering price is 30 percent below the"melt value"of the silver.Hausman says his business pays about 99 percent of the value for precious metals and makes up for the small profit margin through voiume. When asked about the low offering price,Ron,the appraiser,said people are under no obligation to sell their valuables.Eugene Bascou,one of the men in charge of the Buying Roadshow,said the coins presented by lllinois Tmes were worth less money because they were damaged.He then walked away,saying,"I'm not going to do an interview with you." Estate Buyers Group has ties to a convicted fraudster,Wlliam J.Ulrich,who was ordered in 1990 to pay almost$112 million in damages to consumers by the United Slates District Court of Minnesota for misrepresenting the value of coins he sold as investments.Estate Buyers Group shares a telephone number with Goldstar Travel and Advertising Agency-also known as Goldstar Estate Buyers Corp.,which is owned by a member of Ulrich's family with Ulrich himself listed as a consWtant,according to the Better Business Bureau.The same phone number is also shared by Tyre,Bailey,Roberts&Associates and Estate Buyers,which shares a Hudson,Wis.,address with Goldstar Estate Buyers Corporation.That company also owns the trademark rights to the"Buying Roadshow"name. Ulrich also attempted to avoid paying the damages in his case by collaborating with National City Bank to hide some of his assets,according to the Federal Trade Commission.Urlich was prosecuted on federal racketeering charges and sentenced to six years in prison. Hausman at the Gold Center says he alerted the State Journal-Register about the issue because of a heavy advertising campaign in that paper by Estate Buyers Group,but the management of the paper allegedly declined to investigate.A request for comment from SJ-R management went unanswered. Hausman says he has and will conlinue to lobby the City of Springfield to regulale or ban such traveling road shows. "If you want to get rid of stolen goods,you want to take them to one of these traveling gold buyers,"Hausman says."There's no records and there's no way to track what goes on there. IYs an absolute scam,and it needs to stop." Contact Patnck Yeag/e at pyeagle@illinoistimes.com. RELATED CONTENT The Great Waltz Man vs.good lord,my mouth's on fire The airline industry's fee-for-all Springfeld foreclosure rate up slightly Heartfelt musical Sprinqfield health center expanding RELATED TO: Patrick Yeagle gold estate buyers buying roadshow Eugene Bascou Goltlstar VJlliam J.Ulnch Fetleral Tratle Commission felony scam fraud Spnngfeltl Ramada coin Jim Hausman Gold Center silver http://www.illinoistimes.com/Springfield/print-article-7854-print.html 4/18/2013 Professnal Estate Buyers Group in Wayzata, MN 55391 - Chamber of Commerce Page 1 of 2 For Businesses�.SiQn Up(FREE!)�Siqn In I Feedback �CNAMBER�FCOMMERCE.c�M Search the Chamber directory of over 14 million businesses nationwide! "�.,i.� I�-�i.-��.-�i�.,s�, .�i��Ii�i�: (E.G.DENTIST,SPA) (CITY,STATE,ORZIP) SUbf FIND A BUSINESS CHAMBER SEARCH ADVICE BUSINESS TOOLBOX ADD YOUR BUSINESS FAQ Home»Minnesota»Wavzata»Professnal Estate Buyers Group G Business Q ime�„ec 3 o ro b°"y S 5 5/mo� � NO CONTRACTS Professnal Estate Buyers REVIEWS Group o 600 Twelve Oaks Center Dr,Ste 648C BASED ON:0 REVIEWS Business � (fl[EfllEi Wayzata,Minnesota 55391 Submit Q� � (952)476-6599 3��b°"� $55/mo* PRINT SAVE TO FAVORITES DIRECTIONS NO CONTRACTS I ABOUT US: _ M c i- Professnal Estate Buyers Group is located at the address 600 Twelve Oaks Center Dr in Wayzata, - Minnesota 55391.They can be contacted via phone at(952)476-6599 for hours and directions. Professnal Estate Buyers Group has an annual sales volume of 501 K-999,999.For more information BUSINESS LOCATION contact Mary Ulrich,PRESIDENT. For maps and directions to Professnal Estate Buyers Group view the map above.For reviews of 5 Professnal Estate Buyers Group see below. 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No hours available for Professnal Estate Buyers www.finnpartners.com/ Group CATEGORY: Additional I nformation Public Relations Agencies Last Updated:12/12/2012 USER REVIEWS: This business has not yet been reviewed. http://www.chamberofcommerce.com/wayzata-mn/29702 893-professnal-estate-buyers-gro... 4/18/2013 Business Filing Details Page 1 of 2 Home(� Search(/Business/Search) Filings(/Business/Filings) Search » Business Filings «Back to Search Results Business Record Details » File Amendment or Renewal(/Business/Amendments?filingGuid=649a1945-aad4-e011-a886-001ec94ffe7� Order Copies Order a Certificate(/Business/Certificates?businessMasterGuid=649a1945-aad4-e011-a886- 001 ec94ffe7f&route=filing&productld=007ecb3e-fad3-e011-a886- 001 ec94ffe7f&originalFilingGuid=2b30a391-d9d4-e011-a886-001 ec94ffe7� --- -- - --1 Minnesota Business Name Professional Estate Buyers Group Business Type MN Statute Assumed Name 333 File Number Home Jurisdiction 182752 Minnesota Filing Date Status 1 0/2417 99 6 Active/In Good Standing Renewal Due Date: Registered Agent(s) 10/24/2076 (Optional)None provided Principal Place of Business Address 600 Twelve Oaks Center Drv#648C Wayzata MN 55391 USA Nameholder Nameholder Address Goldstar Estate Buyers Corp 1000 Loma Linda,Mound,MN 55364 Filing History Filing History 10/24/1996 Original Filing-Assumed Name 10/24/1996 Assumed Name Business Name 04/18/2006 Assumed Name Renewal 04/18/2006 Assumed Name Principal Place of Business � I http://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=649a1945-aad4-e011-... 4/18/2013 , ^ Business Filing Details Page 1 of 2 Home(n Search(/Business/Search) Filings(/Business/Filings) Search » Business Filings «Back to Search Results Business Record Details » File Amendment or Renewal(/Business/Amendments?filingGuid=94ad0284-9ad4-e011-a886-001ec94ffe7� Order Copies ' Order a Certificate(/Business/Certificates?businessMasterGuid=94ad0284-9ad4-e011-a886- 001 ec94ffe7f&route=filing&productld=023dd338-fad3-e011-a886- 001 ec94ffe7f&originalFilingGuid=f6f4d94c-13d5-e011-a886-001 ec94ffe7f) Minnesota Business Name Goldstar Estate Buyers,Corporation Business Type MN Statute Business Corporation(Domestic) 302A File Number Home Jurisdiction 8Q-310 Minnesota Filing Date Status 03/28/1995 Active/In Good Standing Renewal Due Date: Registered Office Address 12/31/2014 600 Twelve Oaks Center Drive Suite 648C Wayzata MN 55391 USA Number of Shares Registered Agent(s) 25,000 (Optional)None provided Principal Executive Office Address Chief Executive Officer 600 Twelve Oaks Ctr Drv#648C Mary Ulrich Wayzata MN 55391 600 Twelve Oaks Ctr Drv#648C USA Wayzata MN 55397 USA Filing History Renewal History Filing History 03/28/1995 Original Filing-Business Corporation(Domestic) 03/28/1995 Business Corporation(Domestic)Business Name 03/05/2008 Registered Office and/or Agent-Business Corporation(Domestic) 4/5/2013 Registered Offce and/or Agent-Business Corporation(Domestic) � I http://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=94ad0284-9ad4-e011... 4/18/2013 � � A Hennepin County GIS - Printable Map Page 1 of 1 Interactive Property nnaps Map ��; :. � i'r rT .c � �. { r:_ � :S�,t . . . . , �Y 7 _ .�{� 4r y� . � . _. .. � 7. � �,� �� �J�"t �1} 'r. � � ,, �� r fl E ���� � ��... �� ,•� Y 3 F If''} �""t ; r A �� •r��`'r'r r ` �� r - fi { ��` �r ', /� �' ti r � t �'� �� r ��=.,,f'Y r�k� � , y '' ' �..� �L ��� �.:. ��`'`' � -� � '+ . .�� `, � � =` � J j �,': � { �� �'� 'I fa� f� � �itr '' �S -+�I 7`'� f 7� ', ',- ; S��xy..t �_� l� r ,-.s '1T'� �iC` � r TRfifd•N� 't V „?'v r+` . .. �.`���� _ ` ° . ,jf r 1\ ' � „^�e� �y,;�' � .'r fh ,,� � '� _ 'f� . ,J' �-'3M t � , �lI - . �-'��}� y ` }� \�� �I�_ X J ,. / � ' ..�- ��' •1 _Y"" 1r +��.�' -��'�.'� •Y'{E�'1 �y . : .Fy �� � � � \? 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N 10-117-23-23-0003 A-T-B: Torrens ID: � Print Date:4/18/2013 Owner W J Ulrich&M A Ulrich Market $1,786,000 Name: Total: Parcel 2280 French Creek Cir Tax $23,986.88 Address: Orono, MN 55391 TotaL• (Payable: 2013) Property Residential Sale �1,795,000 � Type: Price: This map is a compilation of data from various , Home- Homestead Sale 10/2005 sources and is furnished"AS IS"with no '� St28d: DBte: representation or warranty expressed or I implied,including fitness of any particular I purpose,merchantability,or the accurecy and Other—See Certificate completeness of the information shown. Parcei 1.56 acres Sale � Area: 68,053 sq ft Code: OfrReal Estate Value COPYRIGHT�O HENNEPIN COUNTY 2013 � Thirk Green! I http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=454144.9505443613,4978281.... 4/18/2013 03�27-'@# 09;�4 F�OM- T-247 P02/02 U-523 , . � 'VVilli�m and M�ry �lrYch 2280 French Cre�k Circle VVayzata, MN 55391 March 24, 2009 Ms. Melanie Curtis Planning 8 Zoning Coordinator SENT BY FACSIMILE City of Orono 952-249-4616 P. O. Box 66 Crystal Bay, MN 55323-0088 Re: Our home at 2280 French Creek Circle PIN 10-117-23-23-0003 Dear Ms. Curtis: This Ietter responds to your inquiry of February 24, 2009. While I have attended to some business matters at my home, my business is run out of my office at 600 Twelve Oaks Center Drive, Suite 648C, Wayzata, MN 55391. I have reviewed the materlals you sent concerning home occupations. After reviewing the materiai and discussing it with attorney Pater Johnson, I have concluded that there is no immediate need to make application for a home occupation. As stated above, my business is operated out of a commercial office located in Wayzata, I have no present intention to move company operations into my home. Now that I have familiarized myself with your ordinances, I can and will ensure that any business activities that are conducted at our home have no effect on the surrounding neighborhood. In the future, I intend to avoid any activities that will trigger the need for a home occupatian license under your ordinances. I have tried to be a good neighbor in French Creek. If there are specific issues that have been raised as a complaint, please call me or write vvith any details that you can share with me. I assure you that I will make every effort to ac�ommodate my neighbors if possible. Very truly yours, ///J,�=�`�.:� ��' ��-� iiliam U�rich � 03-27-' 09 09:�4 F�OM- T-247 P01/02 U-523 . � � , , �.��`=y�::�.. �6�+ Forf Couch Fc��. t- � � �'� i� � � � :'; ��� Fi;isb�'rgh, Fr1 1���1 . r ro,,z: 47 z-���-s3o� �� r;s � ��s c �+ � �; �,.r� F�a: �,�-s�i-es�� r _ ;� _ � L;; ` c r � �„ � � �: To: /V�S , �.0 1e�/ S Frorn: l..J iLLI.��"'1 V L lQ � �f', Fax; � �� , 1 ." �lD � l� Pa9es: � � . , . . . . : ..... . Phone:� • . �afe: .. . . . . Re: . , ` CC: Q Ur�gent CI For Review O Please Comment C7 P(ease Rep1y � P�ease F�ecycle . . , . O � � �' O O , ��A�,;,; CITY of ORONO ,� , , , �, � '�� ��I, -� � Municipal Offices "�,,� ,� , � U ;,�� � � .� ` � � .� Street Address: Mailing Address: `�kEggO�' 2750 Kelley Parkway P.O. Box 66 _ - Orono, MN 55356 Crystal Bay, MN 55323-0066 24 February 2009 William & Mary Ulrich 2280 French Creek Cir Wayzata, MN 55391 SENT VIA: CERTIFIED MAIL 70020510000163061428 RE: 2280 French Creek Circle/ PIN 10-117-23-23-0003 Home Occupation The City has recently become aware of activity being conducted at your residence at the above address, which appears to be related to a commercial or business use. Home occupations within the City of Orono are regulated under City Code Section 78-1376; this section is attached herein for your reference. Your commercial use of the above property appears to be in violation ' • of the following, but not limited to, code sections 78-1376 (2), (7), and (13). Please complete the attached � Home Occupation License paperwork and submit to me on or before March 13,2009. Upon receipt of your ' information the City will evaluate and determine which, if any, of the levels of Home Occupation fits your � use of the property. Please discontinue operations until the City has reviewed and made a determination on your use of the property. Please submit the required information by March 13, 2009. Should you fail to submit the required information and/or fail to discontinue your commercial use of the property I will forward this matter to the City attorney for prosecution. Your attention to this matter is appreciated. Feel free to contact me at 952.249.4627 or mcurtis(c�ci.orono.mn.us should you have any questions. Sincerely, d City of Orono ' .��"�,���� . � Melanie Curtis Planning & Zoning Coordinator Encl: City Code 78-1376 Home Occupation Application Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us , , . . . . . . ■ Complete items 1,2,and 3.Also complete A. Sig ur item 4 if Restricted Delivery is desired. � �l Agent ■ PriRt your name and address on the reverse �i7 Addressee so that we Can return the card to you. , ived by rinted Name) C. ate of Delivery ■ Atta�h this card to the back of the mailpiece, or on the front if space permits. ' f'k �t°� +�'- ��—'j—U� D. Is delivery a dress ' erent from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �M I I�C�w, � �IV�C�ry ul►�ch . � ?�'b �y� I� C►��e� �t'� . Z � C �C r��� �N ��� ' 3.`y�rvice Type V� lL�Certified Mail ❑ Express Maii ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Ertra Fee) ❑Yes 2. ARicle Number ��y� �� � �7� / � � �/,? r/ (fiansfer irom service/abe/) ��i(/ L U � �`f��4 PS Form 3811,February 2004 Domestic Return Receipt Me��,� 102595-02-M-1540 e a �^l r> y����e���D ` � '` ?��1� To: Jim White and Bill Wells ���.�,���R City of Orono 01��0 P.O. Box 66, Crystal Bay, MN 55323 From: anonymous (name withheld to avoid retaliation for sending this letter) Date: November 3, 2008 Re: Violations of home occupation regulations at 2280 French Creek Circle I am writing to report what seems to be a home occupation violation at 2280 French Creek Circle in Orono. On a regular basis (approximately 2-3 times per month) one or two large, triple-axle, silver vans being pulled by large pick-up trucks are driven into the French Creek neighborhood and are parked on French Creek Circle or in the occupant's driveway. Then as many as six men, all driving what appear to be their own vehicles, park their vehicles either on French Creek Circle or in the occupant's driveway. They then get out, pulling wheeled suitcases behind them. They go into the occupant's house and come out carrying metal lockboxes. They then spend the next 30 to 60 minutes loading them into the van(s). Finally, they come out again, wheeling their suitcases behind them, get into their vehicles and drive away. Often, the vans will arrive on a Friday night and the unloading/loading occurs early on Saturday morning. About a month ago, a neighbor took photos at one of these incidents. After this person was observed taking photos, there have been at least three sightings of these silver vans parked in the parking lot of the Minnetonka Center for the Arts, rather than on French Creek Circle. � I have studied the regulations of home occupations in the city of Orono. The violations that are occurring include: 1. The home occupation results in an incompatibility and disturbance of the residential nature of the French Creek neighborhood, where many young children live, walk and ride bikes on the roads. There is one report of two children being growled at when they got too close to the loading process. 2. Employed persons. More than one employee or associate is on the property at a given time in relation to home occupation. 3. Outdoor storage seems to be occurring in the silver vans. . Page 2 Home occupation violations at 2280 French Creek Circle 4. Parking doesn't always occur off-street and when it does, it is not visually screened from adjacent residential lots. 5. There is a question about what type of materials are being moved in those suitcases and metal boxes; is it of a"type normally found in or compatible with a dwelling unit?" There are doubts that it is. 6. The hours occur earlier than 8:00 am and later than 7:00 pm. 7. The level of traffic generated during these incidents is detrimental to the residential character of the neighborhood. 8. The shipment and delivery of products, merchandise or supplies occurs in much larger vehicles than the "single rear axle straight trucks" your regulations state. 9. The activity occurs more than six times per year, usually as often as 2-3 times per month. 10. There is also the question of whether these incidents are indicative of a dispatch center, which is a prohibited home occupation. The city of Orono should be familiar with the owners of this property: they appeared before city council numerous times to get a variance to the setback requirements of their home remodel. Apparently,there was little or any discussion during those meetings about the home being used as a Leve12 home occupation or even a dispatch center. We trust the city to take care of this matter comprehensively, quickly and to the satisfaction of the citizens of Orono. Thank you. I �$ii s�.'•`�•4�� ^ � � � Ft ,'' . ' � �" � 7 ��I! 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Ulrich- Security Rare Coin and Bullion Corp Page 1 of 3 FTC CHARGES MINNESOTA LAW FIRM A\D B:�\I:WITH COtiSPIRItiG TO DEFRAI�D 7'HE AGENCY Ol1T OF AN�11 MILLION JI�DGME�T I\(�O1� FRAI�D CASE- 12/92 The Federal Trade Commission has charged a Minnesota law firm and a Minneapolis bank in federal district court with fraudulently agreeing to prevent the agency from collecting on an$I 1.2 million federal court judgment The FTC had won thejudgment for consumer redress in a previous case against a raze-coin marketer.Named in today's case are Larkin, Hoffman,Daly&Lindgren,Ltd.,of Bloomington;and the\ational City Bank,of Minneapolis. According to the FTC,the defendants helped the coin marketer fraudulently transfer several million dollars in rare coins into trusts for his three daughters and then convert a substantial portion of the coins back to his own use,and that they unlawfully and wrongfully acted to conceal assets belonging to the coin marketer and to put those assets beyond the reach ofthe FTC. In its complaint detailing the allegations,the FTC is seeking to void all illegal transfers of money made to the defendants,pursuant to federal and state law;compensatory damages against the defendants for aiding and abetting,conspiracy,and,as[o National City Bank, breach of fiduciar} duty;and,according to[he complaint,an award for punitive damages notto exceed$1 I.2 million. This case stems from the FTCs 1986 case against Minneapolis coin dealer Wiliiam J. L`Irich and his firm,Security Rare Coin& Bullion( �rrpuratiun,a leading nationwide seller of coins for in�estmen�that was based in Minneapolis.The FTC filed its suit against Ulrich and his firm on Dec.29, 1986,and sought consumer redress in excess of$20 million. According to the complaint filed late yesterday,FTC stat�began investigating Ulrich in the summer of 1986,and came to believe that he was selling his coins for three to four times their true value while representing that they were low-risk,high-profit investments sold at or near their market value. During the fall of 1986 and the winter of 1987,the complaint states,Ulrich's auurn���,and the bank knew that his"potential liabiliry in the FTC matter could equal tens of millions of dollars."Yet,beginning in the fall of 1986 and continuing until May of last year,according to the complaint,Ulrich conspired with,and was aided and abetted by,the law firm and the bank"in an unlawful plan to remove,conceal,and protect�his assets from the reach of the FTC." This allegedly was accomplished through a series of fraudulent conveyances and other unlawful transactions,which succeeded in making Ulrich virtually judgment proof,the FTC charged. According to the complaint,in the fall of 1986,Ulrich,with the assistance of the Larkin, Hoffinan firm,allegedly attempted to place a substantial amount of his rare-coin holdings into three identical trusts the firm had helped him set up for his daughters in 1985. The complaint states that an attorney at Larkin,Hoffinan,worked with Ulrich to devise a plan--which included backdating documents and altering them to remove creation-date codes--to make it appear as if the coin holdings had been placed in the trusts prior to Ulrich's knowledge of the FTC investigation.(Had this been the case,the FTC could not have reached the trust-account holdings in its suit for consumer redress.) Later,according to the complaint,an attorney at Lazkin,Hoffinan made numerous false statements during a deposition and misled the court in an attidavit about when he believed the gifts to the trust actually had been made. Further,the complaint states,the National Ciry Bank of Minneapolis allegedly accepted a position in April 1987 as corporate trustee of Ulrich's trusts despite the objection of several bank�mple��c��who were concerned about Ulrich's legal problems and possible unlawful motives for using the bank as trustee. The"gifted"coins then were physically transferred to the National City Bank's vault.Then, the FTC eharged,National City Bank and Ulrich agreed not to liquidate the coins,as required by state law and federal banking regulations. From June 1989 until April 1991,the FTC alleged,National City Bank substantially assisted Ulrich in a scl�eme to shield assets from the FTC by giving him free rein to control and liquidate the trust assets as he chose,in viola[ion of the bank's legal responsibilities. The FTC alleged that the bank appointed Ulrich as its agent to liquidate the coins and http://www.crimes-of-persuasion.com/players/ulrich_william.htm 12/5/2008 William J. Ulrich - Security Rare Coin and Bullion Corp Page 2 of 3 allowed him to remove the coins from the bank's vaults. The complaint states that,although the coins at issue in these sales were estimated by the bank to be worth upwards of several million dollars in 1987,the trust accounts received only$266,000 from the sales.Ulrich aliegedly converted approximately$40Q000 of the coin sale proceeds to his own use.Ulrich's free rein over the trust coins continued long after it was clear to National Ciry Bank the value of the trust assets was being substantially depleted,according to the complaint. In a separate statement,concurring in part and dissenting in part,Commissioner Deborah K.Owen stated,"The complaint in this matter pleads four causes of action.Based on the evidence available,I concur in three counts,and dissent as to the count alleging conspiracy.Because others may review the Commission's complaint for guidance in their own efforts to comply with the law,1 would stress that the complaint should be read as a whole....Certain ofthe individual actions alleged here might well be consistent with lawfiil professional conduct,under different circumstances. However,given[he weight of the evidence available. I was persuaded that a complaint with three counts should issue,based on the totality of the alleged conduct." MINNEAPOLIS LAW FIRM WILL TRANSFER$250,000 LIEN ON CLIENT'S HOUSE AND PAY$35,000-03/93 The Minneapolis law firm of O'Connor&Hannan has agreed to transfer to the Federal Trade Commission a$25Q000 lien it holds on a house once owned by a former client,and to pay the FTC$35,000 in cash thereby avoiding a federal lawsuit in connection with its representation of the former client,coin marketer William J.Ulrich. The FTC also announced settlements with three coin dealers who will avoid federal charges arising out of the FTCs claims that they conspired with,and aided and abetted Ulrich to,defraud the agency out of collecting on an$11.2 million jadgmen[against Ulrich. The dollar amount reached under the settlement agreement with O'Connor&Hannan is based on attorney's fees"Ulrich fraudulently paid O'Connor&Hannan to avoid his anticipated obligations to the FTC,"according to the settlement document.O'Connor& Hannan denies all claims and contentions asserted by the federal govemment. Three other setdements also announced by the FTC today in connection with the Ulrich case require coin dealers to turn over certain of their assets or make ceRain payments to the Commission.The settlement agreements release the dealers from civil liabiliry arising from the FTC's contentions against each of them that they conspired with and aided and abetted Ulrich to defraud the FTC of its claims in the matter.The dealers deny the FTCs contentions.The dealers are: --Fred Lucas,a nationwide coin dealer whose principal place of business is in San Diego, California,and who has assigned to the FTC his$94,380 security interest in Ulrich's house: --Richard M1lelamed and his company.:�telamed Rare Coins,Inc.,a nationwide coin dealer based in Costa Mesa,California,who have paid the FTC$10,000;and --Wilbur'Vlontgomery Sims,a nationwide coin dealer based in Richmond,Virginia,who has paid the FTC$8,000 in cash and has assigned the agency his$62,764 security interest in the Ulrich house. MINNEAPOLIS LAV1'FIR11 OF LARKI\,f10FFMA\TO PAY'$375,000 IN CONNECTION WITH COI�-FRAI-D CASE-OS/94 The Minneapolis law firm of Larkin,Hoffman,Daly&Lindgren,Ltd.has agreed to pay $375,000 over two years to set[le charges arising ou[of their representation of a former client,eoin marketer William J. Ulrich. The Federal Trade Commission obtained a judgment for$11,185,848 against Wiiliam J. Ulrich,and his firm,Security Rare Coin and Bullion Corporation,in 1990.The judgment remains largely unsatisfied."Che money was to be used for providing redress to Ulrich's customers. The judgment followed 1986 FTC charges that Ulrich and Security Rare Coin had been selling coins for three to four times their true value while representing that the coins were http://www.crimes-of-persuasion.com/players/ulrich_william.htm 12/5/2008 William J. Ulrich - Security Rare Coin and Bullion Corp Page 3 of 3 low-risk,high-profit investments sold at or near their market value.At the time,Security Rare Coin was based in Minneapolis. In December 1992,the FTC alleged in a civil suit that Larkin,Hoffman and the National City Bank ofi Minneapolis assisted Ulrich to prevent the FTC from collecting on the judgment through a series of fraudulent conveyances and other unlawful transactions which succeeded in making Ulrich virtually judgment proof,the FTC charged at the time. (Another Minnesota law tirm,O'Connor&Hannan,and three coin dealers avoided related charges by signing settlements with the FTC that were announced in March 1993.Charges against the bank remain pending.) Under the settlement with Larkin,Hoffman,the tirm will make payments over two years, and upon any default,the entire balance would become due. NATIONAL CITY BA\K OF h1PLS AGREES TO PA�'5400,000- 10/94 The National City Bank of Minneapolis has agreed to pay approximately$400.000 to settle chazges in connection with its oversight of trusts that were established by rare-coin marketer William J.Ulrich. Under its settlement with the FTC,National City Bank will pay$399,750,plus interest from July l, 1994,to the FTC.The funds will be combined with others collected in the case and,if practical,used to provide refunds to the customers of Securiry Rare Coin. �i�.crimcs-oGpcauasion com ��Cnmcs of Pcrsuasion 2110U Lceal Dixlaimcr http://www.crimes-of-persuasion.com/players/ulrich_william.htm 12/5/2008 FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLIO... Page 1 of 6 . Simple Search • Advanced Search . Boolean Search � � � �a� Enter a case name, citation, or key words and phrases: �Jl BETA search cases � search codes • About AltLaw . Case Coveracte . Browse All Cases . Browse U.S. Code May 2, 1991 United States Court of Appeals for the Eighth Circuit FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLION CORP., a Minnesota corporation, Central Coin Exchange, Inc., a Minnesota corporation; William J. Ulrich; and Angela Corporation, a Minnesota corporation, Appellants. Cite as: FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARI hide (AltLaw cannot guarantee this citation is correct—double checkl) 931 F.2d 1312 Show full citation This case cites: 1989 • F.T.C.v. Amy Travel Service. Inc. 1988 • FTC v. World Travel Vacation Brokers, Inc. . United States v. Hopkins Dodge Sales, Inc. 1982 http://www.altlaw.org/v 1/cases/477126 12/5/2008 FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLIO... Page 2 of 6 . FTC v. Singer, Inc. 1978 . Nelson v. Serwold 1960 . Mitchell v. Robert De Mario Jewelrv 1946 • Porter v. Wa_r_ner Holding Co• (Only cases currently available in AltLaw are listed.) Robert Brunig, Minneapolis, Minn., for appellants. Melvin Orlans, F.T.C., Washington, D.C., for appellee. Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge. WOLLMAN, Circuit Judge. 1 Security Rare Coin & Bullion Corporation, Central Coin Exchange, Inc., Angela Corporation, and William Ulrich (collectively, Security Coin), entities that fraudulently marketed rare coins to consumers for investment purposes, appeal from the district court's1 order that permanently enjoined Security Coin from making misrepresentations concerning the value of coins offered for sale and its buy-back policy concerning those coins, and from the order granting the monetary equivalent of rescission for customers that Security Coin deceived. We affirm. I. 2 Security Coin was in the business of selling rare coins, a highly technical and specialized commodity unfamiliar to most consumers. Security Coin marketed foreign and domestic coins through telephone solicitation, direct mail, and advertisements in its own financial publications and in national newspapers. Security Coin represented its coins as excellent low-risk investments sold at or near market value with superior liquidity and profit potential. Security Coin sought to overcome consumer resistance and concern about risk by heavily promoting the existence of a "buy-back" policy, under which it would repurchase coins at a discount from its current sales prices. These promotions resulted in substantial sales of coins. 3 Security Coin graded the value of its own coins and arbitrarily marked up the price of the coins sold to consumers two or three times the wholesale price. Because the coins would have to double or triple in value before any gain could be realized, Security Coin's representations as to their investment value were fraudulent. 4 http://www.altlaw.org/v1/cases/477126 12/5/2008 FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLIO... Page 3 of 6 The FTC brought an action against Security Coin, alleging that its promotion and sale of coins as low-risk investments during 1985 and 1986 violated section 5(a) of the Federal Trade Commission Act, 15 U.S.C. Sec. 45 (a). The suit sought a permanent injunction and other equitable relief under section 13(b) of the Act, 15 U.S.C. Sec. 53(b). The district court concluded that Security Coin had violated section 5(a) of the Act by misrepresenting that its coin prices reflected their market value, misrepresenting the true nature of its buy-back policy, and misrepresenting the investment value of modern-date dimes, quarters, and half dollars and certain foreign gold coins. The district court entered a permanent injunction against these business practices and awarded equitable monetary relief. II. 5 Security Coin argues several issues on appeal. First Security Coin contends that the district court does not have the power to grant rescission under section 13(b) of the Act. Security Coin next argues that consumer reliance on its buy-back policy was not pleaded by the FTC and should not have been a basis for the district court's decision. Moreover, Security Coin argues that each customer's actual reliance must be proved before the customers can recover any loss caused by Security Coin's deceptive trade practices. 6 Section 5(a)(1) of the Act, 15 U.S.C. Sec. 45(a)(1), prohibits"unfair or deceptive acts or practices in commerce." To remedy violations of section 5(a), section 13(b) of the Act provides "[t]hat in proper cases the Commission may seek, and after proper proof, the court may issue, a permanent injunction." Security Coin points to the language of section 13(b) to support its contention that the district court did not have the power to grant equitable remedies beyond injunctive relief. Security Coin refers to section 5(I ) of the Act, 15 U.S.C. Sec. 45(I ), which provides for "other and further equitable relief," to show that when Congress wishes to authorize forms of equitable relief other than an injunction, it knows how to do so. 7 The language of section 13(b) empowers the district court to grant a permanent injunction in a proper case. Nothing in the wording of the statute expressly precludes ancillary equitable relief. Where Congress allows resort to equity for the enforcement of a statute, all the inherent equitable powers of the district court are available for the proper and complete exercise of the court's equitable jurisdiction, unless the statute explicitly, or"by a necessary and inescapable inference," limits the scope of that jurisdiction. Porter v. Warner Holding Co., 328 U.S. 395, 397-98, 66 S.Ct. 1086, 1088-89, 90 L.Ed. 1332 (1946). See also Mitchell v. Robert DeMario Jewelry, Inc., 361 U.S. 288, 291-92, 80 S.Ct. 332, 334-36, 4 L.Ed.2d 323 (1960). Applying this principle, several courts of appeals have held that section 13(b) authorizes district courts to grant ancillary equitable relief in proper cases. F.T.C. v. World Travel Vacation Brokers, Inc., 861 F.2d 1020, 1026 (7th Cir.1988) (the authority to grant permanent injunctive relief also includes the authority to grant all other equitabie reliefl; F.T.C. v. United States Oil & Gas Corp., 748 F.2d 1431, 1432, 1434 (11th Cir.1984) (Congress did not limit district court's inherent equitable powers); F.T.C. v. H.N. Singer, Inc., 668 F.2d 1107, 1113 (9th Cir.1982) (Congress gave the district court authority to grant any ancillary relief necessary to accomplish complete justice). Section 13(b) does not limit the full exercise of the district court's inherent equitable power. Finding those decisions persuasive, we adopt their http://www.altlaw.org/v1/cases/477126 12/5/2008 FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLIO... Page 4 of 6 reasoning and hold that section 13(b) empowers district courts to grant the type of ancillary equitable relief entered by the district court in this case. 8 Security Coin argues that section 19 of the FTC Act, 15 U.S.C. Sec. 57b, is the only authorization for the FTC to obtain consumer redress, and that our decision in United States v. Hopkins Dodge, Inc., 849 F.2d 311, 313 (8th Cir.1988), requires a restrictive reading of the Act. Security Coin argues that we should not permit the FTC to avoid complying with section 19(b)'s procedural requirements for obtaining consumer redress. If the district court is allowed to award other equitable relief under section 13(b), Security Coin argues, section 19 will be rendered superfluous. 9 We note that section 19(e) provides: "Remedies provided in this section are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law. Nothing in this section shall be construed to affect any authority of the Commission under any other provision of law." There can be no inference from this language that Congress intended in section 19 to restrict the broad equitable jurisdiction granted to the district court by section 13(b). Our decision in Hopkins Dodge contains nothing that would require us to give section 13(b) the restrictive reading urged by Security Coin. We held in Hopkins Dodge that the FTC could not seek civil penalties under section 5(m)(1)(B) of the Act, 15 U.S.C. Sec. 45(m)(1)(B), until it had complied with the requirements of that provision by first issuing a cease and desist order determining that the practices in question were unfair or deceptive. Here, we consider the power of the district court, not the procedures that the FTC must follow under certain sections of the Act. Hopkins Dodge does not require that the FTC proceed under section 19, but merely constrains the FTC to follow the procedures of section 5(m)(1)(B)when seeking relief under that same section. 10 We conclude that"[w]hen Congress entrusts to an equity court the enforcement of prohibitions contained in a regulatory enactment, it must be taken to have acted cognizant of the historic power of equity to provide complete relief in light of the statutory purposes." Mitchell v. Robert DeMario Jewelry, Inc., 361 U.S. at 291-92, 80 S.Ct. at 334-36. Accordingly, we hold that the district court had the power to grant the relief it did to those consumers harmed by Security Coin's unfair and deceptive trade practices. III. 11 Security Coin argues that the district court erred in premising its grant of consumer redress on Security Coin's buy-back policy. 12 Security Coin points out that the FTC did not allege that Security Coin's buy-back policy was an unfair or deceptive trade practice in violation of section 5(a) of the Act. Security Coin argues that because the FTC failed to http://www.altlaw.org/v 1/cases/477126 12/5/2008 FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLIO... Page 5 of 6 state with particularity a circumstance constituting fraud as required by Federal Rule of Civil Procedure 9(b), Security Coin was prejudiced by lack of notice of the fraud claim and the consequent lack of opportunity to offer an adequate defense. We conclude that Security Coin's arguments are without merit. 13 Security Coin continued to advertise its buy-back policy after it had ceased to honor buy-back requests. As a result, the district court held Security Coin in contempt of the preliminary injunction one and one half years before trial. Security Coin fails to recognize that the issue was within the ambit of the FTC's pleadings, and that in any event was tried by consent of the parties. Fed.R.Civ.P. 15(b). Moreover, the district court did not premise consumer redress on misrepresentations of the buy-back policy alone, but on a host of false and misleading statements that induced consumers to rely upon Security Coin's unfair and deceptive business. IV. 14 Security Coin argues that the district court's award of consumer redress in the form of the monetary equivalent of rescission was inappropriate because actual reliance on false and misleading statements was not proved for each consumer who is to be reimbursed. Security Coin further argues that the monetary equivalent of rescission is an inequitable remedy under the circumstances of this case. 15 To satisfy the reliance requirement in actions brought under section 13(b) of the Act, the FTC need merely show that the misrepresentations or omissions were of a kind usually relied upon by reasonable and prudent persons, that they were widely disseminated, and that the injured consumers actually purchased the defendants' products. F.T.C. v. Amy Travel Service, Inc., 875 F.2d 564, 573 (7th Cir.1989); F.T.C. v. Kitco of Nevada, Inc., 612 F.Supp. 1282, 1293 (D.Minn.1985). Security Coin made credible and persuasive misrepresentations concerning the coins' allegedly low prices, high profit potential, and low risk. These are key factors in a consumer's decision to purchase coins for investment purposes. We agree with the district court and the FTC that it was reasonable for consumers entering this specialized and technical market to rely on the representations of an apparently reputable firm staffed by experts and specializing in such investments. 16 Security Coin relies on our decision in Vervaecke v. Chiles, Heider& Co., 578 F.2d 713 (8th Cir.1978) to argue that proof of subjective reliance by each investor is required for recovery of the monetary equivalent of rescission. We reject Security Coin's argument. It would be virtually impossible for the FTC to offer such proof, and to require it would thwart and frustrate the public purposes of FTC action. This is not a private fraud action, but a government action brought to deter unfair and deceptive trade practices and obtain restitution on behalf of a large class of defrauded investors. It would be inconsistent with the statutory purpose for the court to require proof of subjective reliance by each individual consumer. F.T.C. v. Kitco of Nevada, Inc., 612 F.Supp. at 1293. 17 http://www.altlaw.org/v 1/cases/477126 12/5/2008 FEDERAL TRADE COMMISSION, Appellee, v. SECURITY RARE COIN & BULLIO... Page 6 of 6 The district court has broad remedial discretion to grant an appropriate form of equitable relief under section 13(b) of the Act. Where it is impossible or infeasible to return the specific property at issue, thus rendering true rescission impossible, a money substitute may take the place of the specific property to be returned. Nelson v. Serwold, 576 F.2d 1332, 1339 (9th Cir.1, cert. denied, 439 U.S. 970, 99 S.Ct. 464, 58 L.Ed.2d 431 (1978). The monetary equivalent of rescission is the difference between the amount paid for the property and its current market value. To adhere to the model of true rescission, where the property is returned on the judgment date, the monetary value of the property should be determined as of the judgment date or the date of the disclosure of the fraud. Here, Security Coin never acknowledged the fraud, thus the judgment date and the date of disclosure of the fraud are effectively the same. 18 We agree with the district court that the monetary equivalent of rescission is appropriate in the present case because Security Coin is out of business and some 9,000 consumers are entitled to relief. Contrary to Security Coin's contention, it is unlikely that some customers might profit unfairly, either because they have already sold their coins or because they will be permitted to retain coins that may increase in value, because the market for the coins was essentially a product of Security Coin's own dealings and fell dramatically after Security Coin's collapse. That Security Coin becomes an "insurer of the markeY' is an inherency of rescission, whether actual or monetary, and to put Security Coin into this position is not inequitable. The innocent customers' losses exceed Security Coin's gains, it may be true, but we conclude that restoration of the victims of Security Coin's con game to the status quo ante was not an abuse of the district court's discretion. 19 The decision of the district court is affirmed. 1 The Honorable Robert G. Renner, United States District Judge for the District of Minnesota This case is cited by: (Only cases currently available in AltLaw are listed.) All cases published on this site are in the public domain /�„„1 Disclaimer: The people behind AltLaw are not your lawyers, and nothing on this site should be `-J considered legal advice. We also make no representations or promises about the completeness, accuracy, or timeliness of any of the content on the site. AltLaw is a beta-release project, and we recommend that before relying on our site, you double-check your results with another legal research resource. http://www.altlaw.org/v1/cases/477126 12/5/2008 People Search Mary Ulrich, MN Page 1 of 1 ULRICH MARYANGELA 56 PHOENIX,AZ ULRICH,WILLIAM J(age 60) � � Associated names: BEWIDERE,IL ULRICH,ANGELA M(age 60) ULRICH,MARY ANGELA TOWSON,MD ULRICH,BRIDGET M(age 24) MINNEAPOLIS,MN ULRICH,MARTYANGELA MARY ANGELA ULRICH MOUND,MN WAYZATA,MN ROCHELLE PARK,NJ HUDSON,WI http://www.usa-people-search.com/Find-Mary-Ulrich-MN.aspx 12/5/2008 Ex-con has links to coin-event firm But company, owned by wife, has clear record, no cus... Page 1 of 1 7he Milwaukee Journal Sentinel, November 21st, 1997 A Minnesota man convicted in 1991 of racketeering related to the sale of gold coins has t.es to a company sponsoring an event in which independent buyers are purchasing coins,jewelry, watches and other items at a Wauwatosa hotel. William J. Ulrich, who served about 31/2 years in prison, is a consultant to the firm, Professional Estate Buyers Group, and husband of its owner, Mary Ulrich. A company representative said William Ulrich's past was irrelevant to a business that has conducted its affairs honorably. Wiiliam Ulrich is not an owner and does no buying at �on��.;�ar�y ���,�e����rs, according to th... HiahBeam Research, Free Preview:_'_Ex-con has links to coin- event firm But company,_owned_by wife has clear record, no customer complaints'... Full Membershio reauired for unlimited access. Free 7-d�trial. http://www.bookrags.com/highbeam/eY-con-has-links-to-coin-event-firm-but-19971121-hb/ 12/5/2008 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derivetl from a compllaUon of records and maps an0 may contain discrepancies that can only be disdosed by an accurate survey Derformed by a licensed land surveyor.The perimeter and area(square footage and acres)are approzimates and may mntain discrepancies.The informa[ion on[his page should be usetl for referente purposes oniy. Hennepin County does not guaran[ee the accuracy of ma[erial herein contained and is not responslble for any misuse or misrepresen[a[ion of this information or its deriva[ives. a . +� � '� ' . _ r� r '.. � �r.. �*:�... �.. , ��.' ' � F.� .. 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VMO/SILVERADO, CW. * * * END REGISTERED VEHICLES https://portalweb.�.state.mn.us/Portal%20100/pspTop-2.asp?MsgText=<psp]OOLo�on> <p... 12/5/2008 Motor Vehicle Printable Display Page 1 of 1 Motor Vehicle Query 12/5/2008 10:12:44 AM kher5147 Station: 5147 Deputy: Title Printed Suspense Liens Flags Files L02508171 Y N Plate Number VIN Expire Date Sticker Number Reg. Taa CTT2960 (793) DPSMN831793 02 09 J1582487 8.00 Year Make Model Style Color Class 1984 HMDE TR 26 Transfer Date Last Trans First Sale Base Odometer Reissue YR Ol 15 88 R 06 16 08 004500 Owner DOB ID MUGAAS MILO KENT M220603465070 Street City State Zip 31079 275TH AVE ERHARD 56 56534 PLATE DATA Plate Yr Class Weight Issued By Updated Allocated 81 CT ALEXANDRIA 039 (NA) 03/06/85 STICKER DATA Sticker Yr Class Weight Issued By # Updated Allocated 09 DY FERGUS FALLS Ol l 06/16/08 02/29/08 l�ttps://dvslesupport.or�/dvsinfo/VH2ONH2OPl-intasp?Platc=ctt2960KVIN}�uil=&Title= 12/5/?008 Motor Vehicle Printable Display Page 1 of 1 Motor Vehicle Query 12/5/2008 10:12:27 AM kher5147 Station: 5147 Deputy: Title Printed Suspense Liens Flags Files H2260T952 Y N Plate Number VIN Expire Date Sticker Number Reg. Tax CYT2961 (886) SNHUCCD395N043886 02 09 J1035628 190.00 Year Make Model Style Color Class 2005 CNTN TRL CT 26 Transfer Date Last Trans First Sale Base Odometer Reissue YR R 02 20 08 O6 22 2005 021000 0000000 Owner DOB ID ULRICH MARY ANGELA U462587067057 Street City State Zip 2280 FRENCH CREEK CIR WAYZATA 27 55391 PLATE DATA Plate Yr Class Weight Issued By Updated Allocated 81 CT WAYZATA 126 12/09/OS 08/09/OS STICKER DATA Sticker Yr Class Weight Issued By # Updated Allocated 09 DY WAYZATA 126 02/20/08 12/14/07 https://dvslesti}���ort.or�/dvsi�Ifo/VII20/VH2OPrint.asp?Platc=cyt2961&VINF�il1=&Titic= 12/5/2008 Motor Vehicle Printable Display Page 1 of 1 Motor Vehicle Query 12/5/2008 10:12:58 AM kher5147 Station: 5147 Deputy: Title Printed Suspense Liens Flags Files J2560U263 Y N Plate Number VIN Expire Date Sticker Number Reg. Tas NCZ054 (820) 3D7KU26DX4G241820 OS 09 J2034714 99.00 Year Make Model Style Color Class 2004 DODG RPC PK BLK BLK 10 Transfer Date Last Trans First Sale Base Odometer Reissue YR O1 24 06 R OS 06 08 06 30 2004 027655 0062060 11 Owner DOB ID VANANDA ERICK DANIEL V553234135189 Street City State Zip 105 N ELIOT AVE #7 RUSH CITY 13 55069 SECURED PARTIES Secured Party # 1 Date MINNCO CREDIT LJNION 07 17 06 Street City State Zip 235 W FIRST AVE CAMBRIDGE MN 55008 PLATE DATA Plate Yr Class Weight Issued By Updated Allocated 97 P CAMBRIDGE 090 09/24/04 07/O1/04 STICKER DATA Sticker Yr Class Weight Issued By # Updated Allocated 09 DY CAMBRIDGE 090 OS/06/08 03/12/08 htt��s://dvslesupport.org/dvsi�lfo/VF�2�/VH2OPrint.as��''Plate=nc�054&VINFu11=&Title= ]2/5/2008 Motor Vehicle Printable Display Page 1 of 1 Motor Vehicle Query 12/5/2008 10:13:16 AM klier5147 Station: 5147 Deputy: Title Printed Suspense Liens Flags Files J3100T892 Y N Plate Number VIN Espire Date Sticker Number Reg. Tas PKG768 (689) 1B7HF16ZSWS517689 03 09 J1216546 35.00 Year Make Model Style Color Class 1998 DODG RPC PK 10 Transfer Date Last Trans First Sale Base Odometer Reissue YR 09 08 OS R 04 14 08 020455 12 Owner DOB ID HARRISON RICHARD CLAYTON H625738119381 Street City State Zip 4239 15TH AVE SOUTH MINNEAPOLIS 27 55417 PLATE DATA Plate Yr Class Weight Issued By Updated Allocated 97 P INTERNET RENEWAL 190 03/22/OS 02/02/OS STICKER DATA Sticl:er Yr Class Weight Issued By # Updated Allocated 09 DY RIDGEDALE 153 04/14/08 12/17/07 1�ttpsJ/dvslcsupport.org/dvsinfoNH2��'VH2OPrint.asp?Plate=pkg768&VINFli11=&Title= 12/5/200� Motor Vehicle Printable Display Page 1 of 1 Motor Vehicle Query 12/5/2008 10:11:25 AM kher5147 Station: 5147 Deputy: Title Printed Suspense Liens Flags Files J3100T892 Y N Plate Number VIN Expire Date Sticker Number Reg. Tax PKG768 (689) 1B7HF16ZSWS517689 03 09 J1216546 35.00 Year Make Model Style Color Class 1998 DODG RPC PK 10 Transfer Date Last Trans First Sale Base Odometer Reissue YR 09 08 OS R 04 14 08 020455 12 Owner DOB ID HARRISON RICHARD CLAYTON H625738119381 Street City State Zip 4239 15TH AVE SOUTH MINNEAPOLIS 27 55417 PLATE DATA Plate Yr Class Weight Issued By Updated Allocated 97 P INTERNET RENEWAL 190 03/22/OS 02/02/OS STICKER DATA Sticker Yr Class Weight Issued By # Updated Allocated 09 DY RIDGEDALE 153 04/14/08 12/17/07 lltt��sJ/dvslesu��port.orgidvsinfo/VH2O/VlT?OP1-int.asp?Plate=-}�1:g76�&VINFu11=�Title= 12/5/20�� Motor Vehicle Printable Display Pa�e 1 of 1 Motor Vehicle Query 12/5/2008 10:12:06 AM kher5147 Station: 5147 Deputy: Title Printed Suspense Liens Flags Files L02508171 Y N Plate Number VIN E�pire Date Sticker Number Reg. Ta� CTT2960 (793) DPSMN831793 02 09 J1582487 8.00 Year Make Model Style Color Class 1984 HMDE TR 26 Transfer Date Last Trans First Sale Base Odometer Reissue YR O1 15 88 R 06 16 08 004500 Owner DOB ID MUGAAS MILO KENT M220603465070 Street City State Zip 31079 275TH AVE ERHARD 56 56534 PLATE DATA Plate Yr Class Weight Issued By Updated Allocated 81 CT ALEXANDRIA 039 (NA) 03/06/85 STICKER DATA Sticker Yr Class �Veight Issued By # Updated Allocated 09 DY FERGUS FALLS 011 06/16/08 02/29/08 �� ' �� �' �2��� https://dvslesupport.org/dvsinfoNH2O/VH2OPrint.asp?Plate=ctt29C0&VINFul1=&Title= l2/5/2008