Appeal of SCOTT G. SANDERS – PS Docket No. FR 04-92

November 3, 2004

In the Matter of the Complaint Against

SCOTT G. SANDERS

5340 Colonial Drive

Flower Mound, TX 75028-2512

d/b/a

DSL

Post Office Box 140042

Irving, TX 75014-0042

P. S. Docket No. FR 04-92

APPEARANCES FOR COMPLAINANT:

Catherine A. Green, Esq.

G. Scott Morrell, Esq.

Office of the General Counsel

United States Postal Service

475 L’Enfant Plaza, SW

Washington, DC 20260-1147

APPEARANCE FOR RESPONDENT:

Scott G. Sanders

5340 Colonial Drive

Flower Mound, TX 75028-2512

POSTAL SERVICE DECISION ON BREACH OF AGREEMENT CONTAINING CONSENT ORDER TO CEASE AND DESIST

On September 9, 2004, Complainant filed a Petition alleging that Respondent, Scott G. Sanders, has breached the terms of an Agreement Containing Consent Order to Cease and Desist (Agreement), executed by Respondent on May 7, 2004, by engaging in a false billing scheme using representations which he agreed to permanently discontinue. The names and address to which Respondent currently seeks remittances and against which a false representation order is requested to be issued are:

DSL and/or DEALER SERVICES LINKS

13237 Montfort Drive, Suite 747

Dallas, TX 75240-1117

On September 10, 2004, an Interim Detention Order as authorized by Paragraph 7 of the Agreement was issued directing the detention of mail to the above names and address. The Interim Detention Order granted Respondent a period of ten days in which to file a reply to the Petition. No reply to the Petition has been filed within the time allowed or as of the date of this Decision. In the absence of a reply, the allegations of the Petition are deemed to be admitted. The unchallenged allegations, supported by the attachments to the Petition 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 Paragraph 7 of the Agreement, a false representation order as described in 39 U.S.C. §3005(a) is issued with this Decision.^{^[1]}

James A. Cohen

Judicial Officer

^{^[1]}Neither the cease and desist order nor the order for civil monetary penalties sought in the Petition is being issued with this Decision. The requested cease and desist order has not been issued because it is identical to Cease and Desist Order No. CD-4427, dated June 14, 2004, which remains in full force and effect. The order for civil monetary penalties has not been issued because Complainant has not made the showing required by 39 U.S.C. §3012(c)(2) to support the issuance of such an order.