|Jeremy Johnson Denied Motions to Set-aside Estate Sales - Sues Receiver for Breach of Duty|
by Morgan Skinner|
KCSG Television - St. George, Utah
(Las Vegas, NV) - Nevada Federal Judge Roger L. Hunt Friday denied motions to stay, vacate and return property sold at an court ordered estate auction sale in Hurricane September 24, 2011 and a subsequent sale of property in Sanpete County filed Pro Se by Jeremy Johnson and Michael Studebaker, Ogden attorney Michael Studebaker on behalf of Duane Fielding.
The denial by the Court was not unexpected by the defendants. Studebaker said his clients didn't agree with the ruling and may file an appeal. Johnson told KCSG news he thought the judge was fair and has a reputation for making decisions "by-the-book"(law) and in the long run it could prove beneficial for the defendants.
Johnson contends the receiver has breached his fiduciary obligation to the Court. Johnson said "the receiver was appointed by the Court to protect the estate (Johnson's assets) and contrary to some opinions, the receiver is employed by the Court to manage and protect the estate and is responsible only to the Court (Judge Hunt) not the FTC," he said. "There has been no finding, by any Court or any independent forum, of any improprieties by iWorks, my companies, me or co-defendants," Johnson said.
Friday, the former CEO of iWorks sued the receiver Rob Evans & Associates of Sun Valley, California and named Statewide Auction Company of Hurricane, Utah, in a complaint claiming beach of duty in preservation of the estate assets and asks the Court to determine monetary damages. Complaint
The Court seizure on February 10, 2011 has left Johnson and his co-defendants without the financial ability to defend themselves and by statute no attorney is appointed by the Court as in criminal cases in which the regulatory powers cannot seize lawyer retainer fees.
The Federal Trade Commission (FTC) eliminated veteran white collar crime Attorney Mark Schamel, who had agreed to defend Johnson and his co-defendants, until the FTC threatened to seize the attorney's retainer. The FTC then proceeded to seize the iWorks and Johnson's assets including his personal bank accounts leaving the defendants without counsel with experience in Federal Trade Commission regulatory issues.
Johnson, free on a 2.8-million dollar property bond and restricted from travel outside Utah except to Las Vegas for court appearances, said he will continue to fight for the opportunity to tell the iWorks story and refute unsubstantiated allegations put forth in the media by FTC in news releases. "I intend to clear my name and vindicate my co-defendants and companies," he said. "I have nothing to lose, the government has destroy my company, taken all of our assets including personal bank accounts and destroyed my reputation," he told KCSG news.
"The FTC has used the media to tell its side of the story," Johnson said, "All I want is the opportunity to tell my side of the story in an unbiased forum. I have faith in the American judicial system that my constitutional rights of due process will be granted."
Originally published October 15, 2011
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