Federal Trade Commission v. American National Cellular, and Michael G. Godfree

The central question in this case is whether Young v. United States ex rel Vuitton et fils, S.A., 481 U.S. 787 , 107 S.Ct. 2124 , 95 L.Ed.2d 740 (1987), which forbids appointing private counsel for interested parties in an underlying civil action as the special prosecutors for criminal contempt, applies to the appointment of attorneys employed by an independent agency such as the FTC to prosecute criminal contempt actions arising out of an underlying suit brought by their agency.

Michael Godfree, the defendant in a civil enforcement action brought by the Federal Trade Commission (FTC), appeals pro se his criminal contempt conviction for violating a temporary restraining order. Godfree challenges 1) the district court’s authority to appoint attorneys from the FTC as special prosecutors of the contempt action; 2) the court’s improper reliance on evidence from separate civil proceedings; 3) the adequacy of proof of willful intent to violate the TRO. We affirm. The appointment of special prosecutors in this case does not violate the principles of fairness enunciated in Vuitton. Any errors in evidentiary rulings were harmless. Godfree’s separation-of-powers challenge to the FTC’s…