F.T.C. v. PUKKE

No. 20-2215, No. 21-1454, No. 21-1520, No. 21-1521, No. 21-1591, No. 21-1592.

53 F.4th 80 (2022)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, and Marc-Philip Ferzan, of Ankura Consulting Group, LLC, Receiver-Appellee, v. Andris PUKKE, a/k/a Marc Romeo, a/k/a Andy Storm, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Peter Baker, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); John Usher, individually and as an officer or owner of Sittee River Wildlife Reserve (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve) and Eco-Futures Belize Limited (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve); Buy Belize, LLC, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California limited liability company; Buy International, Inc., d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California Corporation; Eco Futures Development, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a company organized under the laws of Belize; Eco-Futures Belize Limited, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a California Corporation; Sittee River Wildlife Reserve, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, an entity organized under the laws of Belize; Global Property Alliance Inc., a California corporation, also doing business as Sanctuary Bay, Sanctuary Belize, the Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize, Sittee River Wildlife Reserve, Buy Belize, Buy International; Foundation Development Management, Inc., a California Corporation; Power Haus Marketing, a California Corporation; Prodigy Management Group LLC, a Wyoming limited liability company; Exotic Investor, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Newport Land Group, LLC, a/k/a The Reserve, a Wyoming limited liability company; Southern Belize Realty, LLC, a limited liability company organized under the laws of Belize; Belize Real Estate Affiliates, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Sanctuary Belize Property Owners' Association, d/b/a The Reserve Property Owners' Association, a Texas non-profit corporation; The Estate of John Pukke, d/b/a The Estate of Janis Pukke, a/k/a The Estate of Andris Pukke, Defendants-Appellants, and Cross-Frederick Associates, LLC; Foley & Lardner LLP, Respondents, United States of America, Creditor, Jerry Brown; Stephanie Brown; Delaney Carlson; Theresa Edelen; Bill Ewing; Cheryl Ewing; Craig Hibbert; Trisha Hibbert; Lisa Mulvania; Richard Mulvania; Cindy Reeves; David Reeves; Penny Scrutchin; Thom Scrutchin; Cliff Smith; Terri Smith; Phillip Watford; Angela Watford; the Hampshire Generational Fund LLC; David Portman; Harvey Schultz; Steven M. Schultz; Jonathan B. Schultz; John A. Saraceno, Intervenors, Chapter 11 Trustee, Trustee. Federal Trade Commission, Plaintiff-Appellee, and Marc-Philip Ferzan, of Ankura Consulting Group, LLC, Receiver-Appellee, v. Peter Baker, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize), Defendant-Appellant, and Andris Pukke, a/k/a Marc Romeo, a/k/a Andy Storm, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Luke Chadwick, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize; Ecological Fox, LLC, a Maryland limited liability company; Global Property Alliance, Inc., a California corporation, also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize, Sittee River Wildlife Reserve, Buy Belize, Buy International; Sittee River Wildlife Reserve, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, an entity organized under the laws of Belize; Buy Belize, LLC, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California limited liability company; Buy International, Inc., d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California corporation; Foundation Development Management Inc., a California corporation; Eco Futures Development, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a company organized under the laws of Belize; Power Haus Marketing, a California corporation; Brandi Greenfield, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); BG Marketing, LLC, an Oklahoma limited liability company; Prodigy Management Group, LLC, a Wyoming limited liability company; JOHN USHER, individually and as an officer or owner of Sittee River Wildlife Reserve (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve) and Eco-Futures Belize Limited (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve); Rod Kazazi, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Foundation Partners, f/k/a Red Crane Advisors, Inc., a California corporation; Frank Costanzo, a/k/a Frank Green, a/k/a Frank Peerless Green, a/k/a Frank Connelly, a/k/a Frank Connelly-Costanzo, individually and as officer or owner of Ecological Fox, LLC, Buy International, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), and Foundation Development Management, Inc.); Belize Real Estate Affiliates, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Exotic Investor, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Sanctuary Belize Property Owners' Association, d/b/a The Reserve Property Owners' Association, a Texas non-profit corporation; Angela Chittenden; Beach Bunny Holdings, LLC, a California limited liability company; The Estate of John Pukke, a/k/a The Estate of Janis Pukke, a/k/a The Estate of John Andris Pukke; John Vipulis; Deborah Connelly; Newport Land Group, LLC, a/k/a Laguna Palms, a/k/a Sanctuary Belize, a/k/a Bamboo Springs, a/k/a The Reserve, a Wyoming limited liability company; Michael Santos, a/k/a Sanctuary Bay, a/k/a Sanctuary Belize, a/k/a The Reserve, a/k/a Kanantik, a/k/a Laguna Palms, a/k/a Bamboo Springs, a/k/a Eco Futures, a/k/a Eco Futures Development, a/k/a Eco Future Belize, a/k/a Sittee River Wildlife Reserve, a/k/a Buy Belize, a/k/a Buy International, a/k/a Buy Belize, LLC, (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), a/k/a Buy International, Inc., (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Lagunal Palms, and Bamboo Springs), Individually and as an officer or owner of Global Property Alliance, Inc; AmeriDebt, Incorporated; Debtworks, Incorporated; Pamela Pukke, a/k/a Pamela Shuster; Atlantic International Bank, Ltd, a company organized under the laws of Belize; Eco-Futures Belize Limited, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a California Corporation; Southern Belize Realty, LLC, a limited liability company organized under the laws of Belize, Defendants, Cross-Frederick Associates, LLC; Foley & Lardner LLP, Respondents, United States of America, Creditor, Jerry Brown; Stephanie Brown; Delaney Carlson; Theresa Edelen; Bill Ewing; Cheryl Ewing; Craig Hibbert; Trisha Hibbert; Lisa Mulvania; Richard Mulvania; Cindy Reeves; David Reeves; Penny Scrutchin; Thom Scrutchin; Cliff Smith; Terri Smith; Phillip Watford; Angela Watford; the Hampshire Generational Fund LLC; David Portman; Harvey Schultz; Steven M. Schultz; Jonathan B. Schultz; John A. Saraceno, Intervenors, Chapter 11 Trustee, Trustee. Federal Trade Commission, Plaintiff-Appellee, and Marc-Philip Ferzan, of Ankura Consulting Group, LLC, Receiver-Appellee, v. John Usher, individually and as an officer or owner of Sittee River Wildlife Reserve (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve) and Eco-Futures Belize Limited (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve), Defendant-Appellant, and Andris Pukke, a/k/a Marc Romeo, a/k/a Andy Storm, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Peter Baker, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Luke Chadwick, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize; Ecological Fox, LLC, a Maryland limited liability company; Global Property Alliance, Inc., a California corporation, also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize, Sittee River Wildlife Reserve, Buy Belize, Buy International; Sittee River Wildlife Reserve, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, an entity organized under the laws of Belize; Buy Belize, LLC, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California limited liability company; Buy International, Inc., d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California corporation; Foundation Development Management Inc., a California corporation; Eco Futures Development, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a company organized under the laws of Belize; Power Haus Marketing, a California corporation; Brandi Greenfield, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); BG Marketing, LLC, an Oklahoma limited liability company; Prodigy Management Group, LLC, a Wyoming limited liability company; Rod Kazazi, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Foundation Partners, f/k/a Red Crane Advisors, Inc., a California corporation; Frank Costanzo, a/k/a Frank Green, a/k/a Frank Peerless Green, a/k/a Frank Connelly, a/k/a Frank Connelly-Costanzo, individually and as officer or owner of Ecological Fox, LLC, Buy International, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), and Foundation Development Management, Inc.); Belize Real Estate Affiliates, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Exotic Investor, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Sanctuary Belize Property Owners' Association, d/b/a The Reserve Property Owners' Association, a Texas non-profit corporation; Angela Chittenden; Beach Bunny Holdings, LLC, a California limited liability company; the Estate of John Pukke, a/k/a The Estate of Janis Pukke, a/k/a The Estate of John Andris Pukke; John Vipulis; Deborah Connelly; Newport Land Group, LLC, a/k/a Laguna Palms, a/k/a Sanctuary Belize, a/k/a Bamboo Springs, a/k/a The Reserve, a Wyoming limited liability company; Michael Santos, a/k/a Sanctuary Bay, a/k/a Sanctuary Belize, a/k/a The Reserve, a/k/a Kanantik, a/k/a Laguna Palms, a/k/a Bamboo Springs, a/k/a Eco Futures, a/k/a Eco Futures Development, a/k/a Eco Future Belize, a/k/a Sittee River Wildlife Reserve, a/k/a Buy Belize, a/k/a Buy International, a/k/a Buy Belize, LLC, (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), a/k/a Buy International, Inc., (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Lagunal Palms, and Bamboo Springs), Individually and as an officer or owner of Global Property Alliance, Inc; AmeriDebt, Incorporated; Debtworks, Incorporated; Pamela Pukke, a/k/a Pamela Shuster; Atlantic International Bank, Ltd, a company organized under the laws of Belize; Eco-Futures Belize Limited, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a California Corporation; Southern Belize Realty, LLC, a limited liability company organized under the laws of Belize, Defendants, Cross-Frederick Associates, LLC; Foley & Lardner LLP, Respondents, United States of America, Creditor, Jerry Brown; Stephanie Brown; Delaney Carlson; Theresa Edelen; Bill Ewing; Cheryl Ewing; Craig Hibbert; Trisha Hibbert; Lisa Mulvania; Richard Mulvania; Cindy Reeves; David Reeves; Penny Scrutchin; Thom Scrutchin; Cliff Smith; Terri Smith; Phillip Watford; Angela Watford; the Hampshire Generational Fund LLC; David Portman; Harvey Schultz; Steven M. Schultz; Jonathan B. Schultz; John A. Saraceno, Intervenors, Chapter 11 Trustee, Trustee. Federal Trade Commission, Plaintiff-Appellee, and Marc-Philip Ferzan, of Ankura Consulting Group, LLC, Receiver-Appellee, v. Andris Pukke, a/k/a Marc Romeo, a/k/a Andy Storm, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize), Defendant-Appellant, and Peter Baker, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Luke Chadwick, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize; Ecological Fox, LLC, a Maryland limited liability company; Global Property Alliance, Inc., a California corporation, also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize, Sittee River Wildlife Reserve, Buy Belize, Buy International; Sittee River Wildlife Reserve, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, an entity organized under the laws of Belize; BUY BELIZE, LLC, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California limited liability company; Buy International, Inc., d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California corporation; Foundation Development Management Inc., a California corporation; Eco Futures Development, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a company organized under the laws of Belize; Power Haus Marketing, a California corporation; Brandi Greenfield, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); BG Marketing, LLC, an Oklahoma limited liability company; Prodigy Management Group, LLC, a Wyoming limited liability company; John Usher, individually and as an officer or owner of Sittee River Wildlife Reserve (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve) and Eco-Futures Belize Limited (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve); Rod Kazazi, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Foundation Partners, f/k/a Red Crane Advisors, Inc., a California corporation; Frank Costanzo, a/k/a Frank Green, a/k/a Frank Peerless Green, a/k/a Frank Connelly, a/k/a Frank Connelly-Costanzo, individually and as officer or owner of Ecological Fox, LLC, Buy International, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), and Foundation Development Management, Inc.); Belize Real Estate Affiliates, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Exotic Investor, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Sanctuary Belize Property Owners Association, d/b/a The Reserve Property Owners' Association, a Texas non-profit corporation; Angela Chittenden; Beach Bunny Holdings, LLC, a California limited liability company; The Estate of John Pukke, a/k/a The Estate of Janis Pukke, a/k/a The Estate of John Andris Pukke; John Vipulis; Deborah Connelly; Newport Land Group, LLC, a/k/a Laguna Palms, a/k/a Sanctuary Belize, a/k/a Bamboo Springs, a/k/a The Reserve, a Wyoming limited liability company; Michael Santos, a/k/a Sanctuary Bay, a/k/a Sanctuary Belize, a/k/a The Reserve, a/k/a Kanantik, a/k/a Laguna Palms, a/k/a Bamboo Springs, a/k/a Eco Futures, a/k/a Eco Futures Development, a/k/a Eco Future Belize, a/k/a Sittee River Wildlife Reserve, a/k/a Buy Belize, a/k/a Buy International, a/k/a Buy Belize, LLC, (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), a/k/a Buy International, Inc., (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Lagunal Palms, and Bamboo Springs), Individually and as an officer or owner of Global Property Alliance, Inc; AmeriDebt, Incorporated; Debtworks, Incorporated; Pamela Pukke, a/k/a Pamela Shuster; Atlantic International Bank, Ltd, a company organized under the laws of Belize; Eco-Futures Belize Limited, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a California Corporation; Southern Belize Realty, LLC, a limited liability company organized under the laws of Belize, Defendants, Cross-Frederick Associates, LLC; Foley & Lardner LLP, Respondents, United States of America, Creditor, Jerry Brown; Stephanie Brown; Delaney Carlson; Theresa Edelen; Bill Ewing; Cheryl Ewing; Craig Hibbert; Trisha Hibbert; Lisa Mulvania; Richard Mulvania; Cindy Reeves; David Reeves; Penny Scrutchin; Thom Scrutchin; Cliff Smith; Terri Smith; Phillip Watford; Angela Watford; the Hampshire Generational Fund LLC; David Portman; Harvey Schultz; Steven M. Schultz; Jonathan B. Schultz; John A. Saraceno, Intervenors, Chapter 11 Trustee, Trustee. Federal Trade Commission, Plaintiff-Appellee, and Marc-Philip Ferzan, of Ankura Consulting Group, LLC, Receiver-Appellee, v. Global Property Alliance, Inc., a California corporation, also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize, Sittee River Wildlife Reserve, Buy Belize, Buy International; Sittee River Wildlife Reserve, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, an entity organized under the laws of Belize; Buy Belize, LLC, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California limited liability company; Buy International, Inc., d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California corporation; Foundation Development Management Inc., a California corporation; Eco Futures Development, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a company organized under the laws of Belize; Eco-Futures Belize Limited, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a California Corporation; Power Haus Marketing, a California corporation, Defendants-Appellants, and Andris Pukke, a/k/a Marc Romeo, a/k/a Andy Storm, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Peter Baker, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Luke Chadwick, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize; Ecological Fox, LLC, a Maryland limited liability company; Brandi Greenfield, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); BG Marketing, LLC, an Oklahoma limited liability company; Prodigy Management Group, LLC, a Wyoming limited liability company; John Usher, individually and as an officer or owner of Sittee River Wildlife Reserve (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve) and Eco-Futures Belize Limited (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve); Rod Kazazi, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Foundation Partners, f/k/a Red Crane Advisors, Inc., a California corporation; Frank Costanzo, a/k/a Frank Green, a/k/a Frank Peerless Green, a/k/a Frank Connelly, a/k/a Frank Connelly-Costanzo, individually and as officer or owner of Ecological Fox, LLC, Buy International, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), and Foundation Development Management, Inc.); Belize Real Estate Affiliates, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Exotic Investor, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Sanctuary Belize Property Owners' Association, d/b/a The Reserve Property Owners' Association, a Texas non-profit corporation; Angela Chittenden; Beach Bunny Holdings, LLC, a California limited liability company; The Estate of John Pukke, a/k/a The Estate of Janis Pukke, a/k/a The Estate of John Andris Pukke; John Vipulis; Deborah Connelly; Newport Land Group, LLC, a/k/a Laguna Palms, a/k/a Sanctuary Belize, a/k/a Bamboo Springs, a/k/a The Reserve, a Wyoming limited liability company; Michael Santos, a/k/a Sanctuary Bay, a/k/a Sanctuary Belize, a/k/a The Reserve, a/k/a Kanantik, a/k/a Laguna Palms, a/k/a Bamboo Springs, a/k/a Eco Futures, a/k/a Eco Futures Development, a/k/a Eco Future Belize, a/k/a Sittee River Wildlife Reserve, a/k/a Buy Belize, a/k/a Buy International, a/k/a Buy Belize, LLC, (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), a/k/a Buy International, Inc., (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Lagunal Palms, and Bamboo Springs), Individually and as an officer or owner of Global Property Alliance, Inc; AmeriDebt, Incorporated; Debtworks, Incorporated; Pamela Pukke, a/k/a Pamela Shuster; Atlantic International Bank, Ltd, a company organized under the laws of Belize; Southern Belize Realty, LLC, a limited liability company organized under the laws of Belize, Defendants, Cross-Frederick Associates, LLC; Foley & Lardner LLP, Respondents, United States of America, Creditor, Jerry Brown; Stephanie Brown; Delaney Carlson; Theresa Edelen; Bill Ewing; Cheryl Ewing; Craig Hibbert; Trisha Hibbert; Lisa Mulvania; Richard Mulvania; Cindy Reeves; David Reeves; Penny Scrutchin; Thom Scrutchin; Cliff Smith; Terri Smith; Phillip Watford; Angela Watford; the Hampshire Generational Fund LLC; David Portman; Harvey Schultz; Steven M. Schultz; Jonathan B. Schultz; John A. Saraceno, Intervenors, Chapter 11 Trustee, Trustee. Federal Trade Commission, Plaintiff-Appellee, and Marc-Philip Ferzan, of Ankura Consulting Group, LLC, Receiver-Appellee, v. The Estate of John Pukke, a/k/a The Estate of Janis Pukke, a/k/a The Estate of John Andris Pukke, Defendant-Appellant, and Andris Pukke, a/k/a Marc Romeo, a/k/a Andy Storm, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Peter Baker, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Luke Chadwick, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize; Ecological Fox, LLC, a Maryland limited liability company; Global Property Alliance, Inc., a California corporation, also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize, Sittee River Wildlife Reserve, Buy Belize, Buy International; Sittee River Wildlife Reserve, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, an entity organized under the laws of Belize; Buy Belize, LLC, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California limited liability company; Buy International, Inc., d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, d/b/a Kanantik, d/b/a Laguna Palms, d/b/a Bamboo Springs, a California corporation; Foundation Development Management Inc., a California corporation; Eco Futures Development, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a company organized under the laws of Belize; Power Haus Marketing, a California corporation; Brandi Greenfield, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); BG Marketing, LLC, an Oklahoma limited liability company; Prodigy Management Group, LLC, a Wyoming limited liability company; John Usher, individually and as an officer or owner of Sittee River Wildlife Reserve (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve) and Eco-Futures Belize Limited (also doing business as Sanctuary Bay, Sanctuary Belize, and The Reserve); Rod Kazazi, individually and as an officer or owner of Global Property Alliance, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, Eco Futures Development, Eco Futures Belize); Foundation Partners, f/k/a Red Crane Advisors, Inc., a California corporation; Frank Costanzo, a/k/a Frank Green, a/k/a Frank Peerless Green, a/k/a Frank Connelly, a/k/a Frank Connelly-Costanzo, individually and as officer or owner of Ecological Fox, LLC, Buy International, Inc. (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), and Foundation Development Management, Inc.); Belize Real Estate Affiliates, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Exotic Investor, LLC, d/b/a Coldwell Banker Belize, d/b/a Coldwell Banker Southern Belize, a limited liability company organized under the laws of St. Kitts and Nevis; Sanctuary Belize Property Owners' Association, d/b/a The Reserve Property Owners' Association, a Texas non-profit corporation; Angela Chittenden; Beach Bunny Holdings, LLC, a California limited liability company; John Vipulis; Deborah Connelly; Newport Land Group, LLC, a/k/a Laguna Palms, a/k/a Sanctuary Belize, a/k/a Bamboo Springs, a/k/a The Reserve, a Wyoming limited liability company; Michael Santos, a/k/a Sanctuary Bay, a/k/a Sanctuary Belize, a/k/a The Reserve, a/k/a Kanantik, a/k/a Laguna Palms, a/k/a Bamboo Springs, a/k/a Eco Futures, a/k/a Eco Futures Development, a/k/a Eco Future Belize, a/k/a Sittee River Wildlife Reserve, a/k/a Buy Belize, a/k/a Buy International, a/k/a Buy Belize, LLC, (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Laguna Palms, and Bamboo Springs), a/k/a Buy International, Inc., (also doing business as Sanctuary Bay, Sanctuary Belize, The Reserve, Kanantik, Lagunal Palms, and Bamboo Springs), Individually and as an officer or owner of Global Property Alliance, Inc; AmeriDebt, Incorporated; Debtworks, Incorporated; Pamela Pukke, a/k/a Pamela Shuster; Atlantic International Bank, Ltd, a company organized under the laws of Belize; Eco-Futures Belize Limited, d/b/a Sanctuary Bay, d/b/a Sanctuary Belize, d/b/a The Reserve, a California Corporation; Southern Belize Realty, LLC, a limited liability company organized under the laws of Belize, Defendants, Cross-Frederick Associates, LLC; Foley & Lardner LLP, Respondents, United States of America, Creditor, Jerry Brown; Stephanie Brown; Delaney Carlson; Theresa Edelen; Bill Ewing; Cheryl Ewing; Craig Hibbert; Trisha Hibbert; Lisa Mulvania; Richard Mulvania; Cindy Reeves; David Reeves; Penny Scrutchin; Thom Scrutchin; Cliff Smith; Terri Smith; Phillip Watford; Angela Watford; the Hampshire Generational Fund LLC; David Portman; Harvey Schultz; Steven M. Schultz; Jonathan B. Schultz; John A. Saraceno, Intervenors, Chapter 11 Trustee, Trustee.

United States Court of Appeals, Fourth Circuit.

Decided: November 1, 2022.


Attorney(s) appearing for the Case

ARGUED: Neil Harris Koslowe , POTOMAC LAW GROUP PLLC, Washington, D.C., for Appellants. Theodore (Jack) Metzler , FEDERAL TRADE COMMISSION, Washington, D.C.; Gary Owen Caris , BARNES & THORNBURG, LLP, Los Angeles, California, for Appellees. ON BRIEF: John B. Williams , WILLIAMS LOPATTO PLLC, Washington, D.C., for Appellants. James Reilly Dolan , Acting General Counsel, Joel Marcus , Deputy General Counsel, FEDERAL TRADE COMMISSION, Washington, D.C., for Appellee Federal Trade Commission. Janet Dean Gertz , BARNES & THORNBURG, LLP, Los Angeles, California, for Appellee Marc-Philip Ferzan of Ankura Consulting Group, LLC, Receiver.

Affirmed in part and vacated and remanded in part by published opinion. Judge Wilkinson wrote the majority opinion, in which Senior Judge Motz and Senior Judge Keenan joined.


Andris Pukke and other appellants sought to develop thousands of acres of land in Belize, which they marketed as a luxury resort called "Sanctuary Belize." In their sales-pitch to U.S. consumers, many promises were made but not kept. In 2018, the FTC shut this down, calling Sanctuary Belize a "scam," and alleging violations...

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