Success by Health as a corporate entity has been ordered to pay $7.3 million dollars in penalties.
The September 18th judgment follows an
earlier May 2023 judgment
, which saw Jay Noland have to pay the same amount for
violating the 2002 NetForce injunction
.
As per an accompanying
September 18th Final Order
;
Neither the Commission nor Corporate Defendants are aware of any defense of the Corporate Defendants that the Individual Defendants did not make during the course of the litigation, or could not have made.
The order establishes a new injunction, prohibiting Success by Health from running a Ponzi scheme or pyramid scheme.
In addition to the $7.3 million injunction violation order, Success by Health was also ordered to pay $6,829 for violating the FTC’s Merchandise Rule.
Note that this minor fine is rolled into the larger $7.3 million amount.
The judgment filing lays things out explicitly;
IT IS ADJUDGED that pursuant to the Court’s orders filed September 18, 2023, judgment is entered in favor of Plaintiff and against the Contempt Defendants (James D. Noland, Jr., Scott Harris, and Thomas Sacca), Success By Media LLC, and Success By Media Holdings Inc., jointly and severally, in the amount of $7,306,873.14 plus post-judgment interest, and against the Individual Defendants (James D. Noland, Jr., Lina Noland, Scott Harris, and Thomas Sacca) and the Corporate Defendants (Success By Media Holdings Inc., Success By Media LLC, Enhanced Capital Funding, and each of their subsidiaries, affiliates, successors, and assigns), jointly and severally, in the amount of $6,829 plus post-judgment interest.
Success by Health and Noland are also subject to twenty years of compliance monitoring.
With the FTC’s case against all the Success by Health defendants now resolved, this brings BehindMLM’s coverage of proceedings to an end.
🤖 Quick Answer
What was the FTC judgment against Success by Health?Success by Health was ordered to pay $7.3 million in penalties following a September 18th judgment for violating a 2002 NetForce injunction. The company was additionally fined $6,829 for breaching the FTC's Merchandise Rule. A new injunction prohibits the company from operating pyramid or Ponzi schemes.
Who else faced penalties in this FTC case?
Jay Noland, an individual defendant, was required to pay $7.3 million in May 2023 for the same violation of the 2002 NetForce injunction. The court determined that corporate defendants presented no additional defenses beyond those raised by individual defendants during litigation.
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