BREAKING NEWS: Friedman Warned Guenther About His Behavior Prior To Meeting With ASD Prosecutor, Document Says

UPDATED 12:10 P.M. EDT (March 20, U.S.A.)

NOTE: Though not related to the main post below, the government tonight responded to Curtis Richmond’s pro se filing in the ASD case. In the morning, we’ll publish a story on the government’s response to it and similar filings, rather than preparing another breaking-news story tonight. (Now posted here.)

In essence, the government is arguing that Richmond’s filing and three other filings using the Richmond litigation blueprint will lead to justice being unconscionably delayed for many thousands of ASD victims and could result in manifest injustice for ASD members.

Prosecutors also are well aware that ASD President Andy Bowdoin also now is filing his own pleadings, referencing them but not responding to them in tonight’s filings. It would not be surprising if the government takes the stand that Bowdoin’s filings are designed to delay justice. Pointedly, the government described Bowdoin as “apparently proceeding pro se,” a possible sign of developments to come.

Tonight, Bowdoin appeared in a video, offering ASD members what he described as a way to get their money back by joining a new program called “Paperless Access.” Bowdoin appears to have shared ASD’s database with the company. Some ASD members were reacting with anger this evening, accusing Bowdoin of unrivaled, unmitigated gall.

You can view the video here.

Here, below, our earlier post . . .

A document from the Dallas-based Friedman & Feiger law firm paints a picture of an out-of-control client who had to be told how to behave prior to a meeting with the lead prosecutor in the AdSurfDaily case.

At the same time, the document also may raise questions about lawyer-client confidentiality.

Although the document was dated Oct. 27, 2008, and addressed to Robert Guenther, the de facto head of the ASD Members Business Association (ASDMBA) Trust, Friedman’s client, it was mixed into a package sent Jack Arons.

Arons, a Florida man, is being sued by Friedman for libel and slander. He said he received the document in both electronic and physical form from the law firm after being sued March 5.

The document carries the signature of Friedman. A note at the top of the document says it was intended to be sent by fax to Guenther last October.

It is unclear if Guenther received it.

friedmanguentheroct27document

Guenther and Friedman met with Assistant U.S. Attorney William Cowden the following month, in November 2008. Guenther has said he hoped to persuade Cowden to name Friedman’s firm receiver in the federal Ponzi scheme case against AdSurfDaily Inc.

Guenther left the meeting without a deal and now is blustering at Cowden on the ASDMBA website.

Arons said he thinks someone made a mistake.

“When Larry sent me the court documents that was one of the files that was attached,” Arons said. “I think that he goofed. I also received a copy in the ones that he mailed to me later. So someone in his office screwed up.”

Guenther was charged March 13 in Arizona with two felony counts of aggravated harassment. The action in Arizona did not stem from Guenther’s management of ASDMBA.

At one time, Guenther used the ASDMBA website to cross-promote both ASDMBA and mmoguls, a gaming opportunity affiliated with Cheyenne Mountain and Affiliates. Cheyenne Mountain obtained a restraining order against Guenther for workplace harassment.

He violated the order as many as five times, which led to the March 13 charges, police said.

Arons has been a critic of both Guenther and Friedman over their handling of ASDMBA matters.

Why the document was contained in the packages Arons received is unclear.

In the document, Friedman told Guenther that “you need to stop threatening physical violence and, for that matter, stop threatening people altogether.

“Making threats over the Internet and across state lines probably violates numerous state and federal laws,” the document advised.

The document specifically warned Guenther, prior to the meeting with Cowden, that “nothing you send or say to Cowden is protected by the attorney-client privilege or any other privilege or exception.”

At the same time, it warned Guenther “not to do anything to impede the federal government’s investigation whatsoever with whatever you are doing.”

“Impeded” is a word Guenther used in a post three days ago at the ASD-Biz Forum, when he meant to say “embedded.”

“You need to stop saying bad things about people on conference calls, or on the Internet,” the document warned. It specifically advised Guenther to apologize to two ASD members who raised the prospect of suing Guenther.

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10 Responses to “BREAKING NEWS: Friedman Warned Guenther About His Behavior Prior To Meeting With ASD Prosecutor, Document Says”

  1. Interesting Larry would say Bob should stop threatening people. Below is a copy of an email exchange I had with him last December asking for a refund. It sure sounded like a threat to me then, still does. My opinion :)

    “From: Larry Friedman
    To:
    Cc: ‘bob@asdmembersbusinessassociation.com’
    Sent: Friday, December 26, 2008 4:04 PM
    Subject: Re: Refund request

    I am not avoiding any issue. There is no issue. You are not our client and never have been. Your dispute, if any, is with the organization that you purportedly joined not with me or my firm. You did not hire my firm. You are not a client of my firm. We don’t even know who you are. The only mistake I made was being nice to you in the first place, and I won’t make it again. If you take any frivolous action against me or my law firm we will defend it vigorously and pursue all of our lawful remedies against you. We know exactly how to deal with people like you in the Texas courts. Do not contact me again. -Larry Friedman

    Roxy Lewis (who believes, as I’ve said before, what goes around, comes around)

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  2. Patrick:

    http://www.mmorpg.com/discussion2.cfm/thread/221366/page/2

    Do you or your readers know who wrote this posting? It seems to have a lot of information about Bob and Larry and their relationships. Here’s an excerpt:

    Since we have the bank account number of the ASDMBA Trust and we know that David Jenkins is the only person authorized to sign checks, as verified by the bank, we should be able to find out the truth very soon. Guenther has stated several times that David Jenkins bought stock in Mmoguls (on tape) so it seems a little suspicious that they agreed to purchase $100,000 of Cheyenne stock in October. (Less than 3 months after beginning to raise funds for the retainer for ASDMBA) Where did the money come from, when previously Gunther seems to have lost everything from his “auto” businesses due to mismanagement and finally a bankruptcy. This happens to be the exact amount ($100,000) Friedman insisted upon as his retainer. Of course they will make up some lie or excuse when confronted. Remember, Guenther was convicted of lying in his Bankruptcy trial and consequently lost the case to the Caddle Company. He still owes them a large sum of money and they are willing to assist in any way they can.

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  3. I take this document has been forwarded to Maricopa County, AZ as it would demonstrate a pattern of harassment which is what the prosecutor has to prove in his criminal complaint.

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  4. Roxy,
    My opinion is you should forward this email to the Texas Bar Assn. and to whoever else Patrick might suggest. This is indeed a threat or intimadation tactic.

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  5. Marci:

    I believe that the document that you are quoting came from the Lone Ranger (Joe Shoop)letter that was posted at various locations on the net.

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  6. Jack: Thanks, I sort of figured it had to be someone with some level of inside information who had his own agenda. What seems very clear is that all of the former and current ASD insiders have specific personal agendas (all revolving around getting rich without working) and that despite all the rhetoric of “we” and “us” not one of them cares about anyone but themselves. They’ll support Bowdoin or damn him — whichever way lines their own pockets. Leading this despicable attitude was Larry Friedman — this post goes on to say that F&F planned to be the chosen receivers for ASD “victim resolution” modeled on the CEP receivership. If you see the legal fees paid to the receiver and the receiver’s attorney it’s easy to see why F&F would have wanted that job. I don’t think Guenther had a prayer in hell of getting close to any official involvement with a receivership, but I can see how F&F might have thought it was worth a shot — especially since the firm had no personal funds at stake whatsoever.

    Well, I am prospering very well by working at one of those dreaded (by the ASDelusional’s) J.O.B.’s so I’ve gotta run……..

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  7. A big ‘Tip O’ the Hat” to Patrick Pretty.com for putting this letter from Larry Friedman to his ASDMBA ‘partner” Bob Guenther in the Public Domain.

    I am quite sure this letter and a few dozen threatening Internet postings made by Bob Guenther have already been sent to Jimmie Hicks Office, the Miracopa County Arizona Prosecutor who filed these criminal charges against Bob Guenther.

    As one of the many bloggers in the Forums and chat rooms that were discussing ASD and ASDMBA, Jack Arons comments were always backed with facts and when they were ‘opinions’, they were stated as ‘opinions’. Jack Arons never made any malicious or threatening remarks about Larry Friedman or his Firm and certainly nothing that if presented in a Court of Law that would rise to the level of libel or slander. It simply didn’t occur and therefore cannot be proven.

    Jack Arons observed that in addition to ASD, another whole group of people were being victimized by Bob Guenther and Larry Friedman using the ASDMBA Trust they created. Larry Friedman gave up his “only a Lawyer advising a client status’ when he became proactive with his participation for the solicitation of money for legal fees in the ASDMBA Scam and publicly stating ASD was a legitimate business and not a Ponzi, and then having checks and money via credit cards sent directly to his offices and handled by his office. Now that he has or allegedly has $70,000 of those funds in his pocket, and allegedly is owed another $50,000 for legal services he performed, and no member of the ASDMBA can ‘see” any evidence of their money being used to file appearances or anything else that is Germain to what was ‘advertised’ by Guenther and Friedman, they began to complain in these forums and on these blogs.

    Jack Arons’s comments to others who were blogging about their unhappiness with the ASDBA and the ‘out of control Bob Guenther, was to give them correct advice and to let them do with it as they pleased. His advice? Well, if there are disputes over legal fees paid to an attorney and the work product or lack of work product, the only proper venue a consumer has IS to go to the local or State Bar Association. That is what they do, investigate and settle disputes and if wrong doing by an attorney is discovered in the process, they alone handle discipline up to and including taking that attorney’s license.

    Jack was NOT the only blogger making these statements or giving this advice, at least a dozen others made similar comments or suggestions. When several complaints were filed with the Texas Bar Association, Friedman initiated the Slander and Libel lawsuit against Jack and gave it to his Partner Bob Guenther to ‘spread it on the Internet as a warning to others’ in an attempt to silence this public criticism. Guenther was even so brazen as to use this “warning with this exact language in his posting displaying this lawsuit on the Internet within hours of it being filed and days before service was ever made on Jack Arons. This will be a major point to be brought into evidence in Larry Friedman v.Jack Arons.

    This letter, no matter how it was obtained, is signed by Friedman and on his F&F Law firm letterhead. It opens up to Discovery, whether in the matter of Larry Friedman v. Jack Arons or in a Class Action Lawsuit against both Friedman and Guenther, the relationship they have with the ASDMBA, the money trail and their past business relationships, etc. It was indeed the belligerent and threatening posts made on the Internet by Bob Guenther as well as his verbal remarks made on ASDMBA Conference calls that caused all the ASDMBA victims to begin to complain and question things in the first place.

    Larry Friedman has no one else to blame for the precarious legal position he finds himself in now but his partner Bob’big mouth’Guenther, soon to be a convicted felon in Arizona.

    Wayne

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  8. Having read the letter that got included with documents sent to Jack, written by Friedman to Guenther, one thing is as clear as crystal. Larry Friedman at all times was aware of Bob Guenthers actions and statements made publically.

    His continuance as ASDMBA attorney knowing all this, puts his own motivation into serious question. He did not drop the case as soon as Bob ignored his advice way back in October 2008 and it became clear that Bob no longer represented the views of many of the ASDMBA members.

    His own agressive letter to Roxy is also worth passing to the Texas Bar. Hardly proper conduct for a reputable attorney.

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  9. No Comment!

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