Long before the world had heard of 38 Studios, FoopTube managed to figure out how to avoid paying its employees over $1.2 million dollars and how to avoid paying over 500,000 in taxes until they were caught in 2009. (Case Number: CASE NO.: 2:10cv01128 in the District of Utah's Central Court).
In total, Rushton has been convicted of 3 different crimes:
- a pattern of unlawful activity, a second-degree felony;
- attempted unlawful dealing with property by fiduciary, a third-degree felony; and
- a payment of wages violation, a class A misdemeanor.
The third conviction makes Rushton the first person to be convicted of a crime by not paying wages to employees in the state of Utah.
Sensory Sweep was founded in 2003 by David Rushton as a developer for handheld games on the Nintendo DS. Development was expanding to PC, Xbox 360, and other platforms in 2005. In total, FoopTube \ Sensory Sweep developed over 20 games and employed almost 200 people.
FoopTube / Sensory Sweep developed:
- Sentient – cancelled (Xbox 360)
- My Japanese Coach – 2008 (NDS)
- My Chinese Coach – 2008 (NDS)
- Major League Eating: The Game – 2008 (WiiWare)
- Jackass: The Game – 2008 (NDS)
- Alvin and the Chipmunks – 2007 (NDS, PS2, Wii, PC)
- My Spanish Coach – 2007 (NDS)
- My French Coach – 2007 (NDS)
- Foster's Home for Imaginary Friends: Imagination Invaders – 2007 (NDS)
- SnoCross 2: Featuring Blair Morgan – 2007 (PS2)
- Capcom Puzzle World – 2007 (PSP)
- Justice League Heroes – 2006 (NDS)
- Tom and Jerry Tales – 2006 (NDS)
- Capcom Classics Mini Mix – 2006 (GBA)
- Street Fighter II: Hyper Fighting – 2006 (Xbox 360)
- Hi Hi Puffy AmiYumi: The Genie and the Amp – 2006 (NDS)
- Monopoly/Boggle/Yahtzee/Battleship – 2005 (NDS)
- Need for Speed: Most Wanted – 2005 (NDS)
- Marvel Nemesis: Rise of the Imperfects – 2005 (NDS)
- World Championship Poker: Deluxe Series – 2005 (NDS)
- Tiger Woods PGA Tour 2005 – 2004 (NDS)
- Yu Yu Hakusho: Tournament Tactics – 2004 (GBA)
- Yu Yu Hakusho: Spirit Detective – 2003 (GBA)
