Protective Order Sought in $6.4M Seizure Case

ATLANTA — Attorneys for Mansef Inc. and its Premium Services Inc. division have filed a protective order motion seeking to seal government-requested interrogatories and documents in its attempt to regain $6.4 million seized by the Secret Service.

Mansef said in a court filing that its negotiations with the government in the past three and a half months "have proven fruitless" and that they are unable to continue without the protective order.

The Montreal company said it is seeking the protective order only so it can answer the government's questions without disclosing vital information regarding how Mansef structures and runs its business, including profit margins, supplier and customer rates and investment decisions.

The government's interrogatories also probe into Mansef's relations with business partners, including involvement with affiliates, and the types of content on its websites, as well as credit card processor statements.

But Mansef said that without the protective order, the answers would then be used by other adult entertainment companies to exploit their own interests.

"Disclosure of the rates that claimants charge to their clients and money generated by their websites as well as the financial agents they choose would be incredibly valuable information to competitors in ascertaining the methods that afford Mansef such success," Mansef attorneys said.

"If competitors had access to the business strategies of a major market player such as Mansef, they could easily imitate Mansef's structuring, marketing tactics and pricing, thereby maximizing their own business profits and efficiency, and thus considerably undercutting Mansef's competitive advantage."

Just as important, Mansef attorneys argue, the disclosure of customer data may expose it to liability under European privacy laws, specifically the European Data Privacy Directive.

Mansef attorneys propose that they provide documentation on European users by substituting a moniker for each user.

"So long as the identity of the website from which the revenue was generated can be determined, the government should be able to decide whether or not the seized funds were derived from legitimate business enterprises, without having to invade the privacy of claimants' users, regardless of their geographic location or the local privacy laws which apply."

Mansef's fight for seized funds began late last year after it set up Atlanta-based Premium Services to facilitate payments from its third-party credit card processors into the accounts and to allow the company to remit funds out of two checking accounts to its U.S. vendors.

The Secret Service claims in court documents that Premium Services was not registered with the federal Treasury Department nor with the Georgia Department of Banking and Finance as a money-transmitting business.

Federal authorities noted in court documents that for three months last year Premium Services received $9.4 million in wire transfers from various sources and that much of the funds originated overseas in countries such as Israel, considered by law enforcement to be at high risk for money-laundering activity.

U.S. authorities claim that the funds in two accounts are forfeitable under 18 U.S.C. § 981 (a)(1)(A) as property involved in or traceable to a transaction in violation of 18 U.S.C. § 1960, which prohibit’s unlicensed money-transmitting businesses. Mansef and Premium Services deny they are in that line of business.

A federal judge has not yet decided on Mansef's and Premium Service's joint motion for a protective order.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More