United States v. Toby McAdam

MEMORANDUM

Toby Carl McAdam, dba Risingsun Health, appeals pro se from the district court’s order holding him in civil contempt and awarding liquidated damages and attorney’s fees to the United States. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a civil contempt order, and review for clear error underlying factual findings. FTC v. Affordable Media, LLC, 179 F.3d 1228, 1239 (9th Cir.1999). We affirm.

The district court did not abuse its discretion when it found McAdam in contempt for failing to comply with the terms of a negotiated consent decree. See Irwin v. Mascott, 370 F.3d 924, 931 (9th Cir. 2004) (person subject to injunction generally may not contest its lawfulness by disobeying it).

The district court awarded liquidated damages to the United States under the terms of the consent decree, which provided for liquidated damages not to exceed $80,000 in any calendar year for failure to comply. The district court did not abuse its discretion by using an amount negotiated by the parties as compensation for McAdam’s continued contemptuous conduct. See SEC v. Hickey, 322 F.3d 1123 , 1128 (9th Cir.2003) (setting forth standard of review and…