The United States of America and the Federal Trade Commission appealed a decision setting aside an ex parte Mareva injunction and Anton Piller order against the respondents, who operated a telemarketing scheme selling Canadian lottery tickets to U.S. residents.
The appellants alleged the respondents engaged in fraudulent misrepresentation by demanding up-front fees.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motions judge's conclusions that the appellants failed to establish a strong prima facie case of common law fraud or a real risk of asset dissipation.
