United States Postal Service(TM)


 In the Matter of the Complaint Against

 DASFORD DEMETRIUS
 d/b/a ELITE MERCHANDISING
 & E.M. ASSOCIATES
 & ELITE MERCHANDISING ASSOCIATES
 & MERCHANDISING,
 P. O. Box 69-4340 and
 P. O. Box 4340 at
 North Miami, FL 33169-4340

 P.S. Docket No. 28/176

 06/16/88

 Cohen, James A.  Judicial Officer

 APPEARANCES FOR COMPLAINANT:
 H. Richard Hefner, Esq. 
 Kenneth F. Innes, Esq. 
 Consumer Protection Division
 Law Department
 United States Postal
 Service Washington, DC 20260-1144 

 APPEARANCE FOR RESPONDENT:
 Dasford Demetrius 25 N.E.
 214 Street
 N. Miami, FL 33179-1027

POSTAL SERVICE DECISION

ON BREACH OF AGREEMENT CONTAINING CONSENT ORDER TO CEASE AND DESIST

On May 27, 1988, Complainant filed a Petition alleging that Respondent Dasford Demetrius has breached the terms of an Agreement Containing Consent Order to Cease and Desist which he executed on October 19, 1987. Complainant contends that Respondent has breached the terms of the Agreement by continuing to engage in an envelope stuffing program using representations which he agreed to discontinue. According to Complainant, the names and addresses to which Respondent is currently seeking remittances and against which a False Representation Order is requested to be issued are EMG ASSOCIATES, P. O. Box 5832, Hollywood, FL 33083-5832; ELITE MERCHANDISING, 16345 W. Dixie, Suite 1116-E, Miami, FL 33160-3708; ELIMER ASSOCIATES, P. O. Box 3655, Hollywood, FL 33083-3655; E.M.A. ENTERPRISES, 323 S. Franklin Building, Dept. D-260, Chicago, IL 60606-7094 and ELITE MERCHANDISE ASSOCIATES, 16345 W. Dixie Highway, Suite 1116, Miami, FL 33160-3708.

On May 31, 1988, an Interim Detention Order as authorized by paragraph 8 of the Agreement was issued directing the detention of mail to the above names and addresses. The Interim Detention Order granted Respondent a period of ten days in which to file a reply to the Petition. Within the ten day period Respondent advised the Judicial Officer that he did not wish to challenge any of the allegations of the Petition, that he was sorry he breached the terms of the Agreement and that he waived hearing and further procedural steps.

The unchallenged allegations of the Petition, supported by the attachments thereto, make a prima facie showing that Respondent has breached the terms of the Agreement in the manner alleged in the Petition. Accordingly, pursuant to the terms of the Agreement, a False Representation Order of the type described in 39 U.S.C. 3005(a) is being issued with this Decision.