BREAKING NEWS: Plaintiffs In ASD RICO Case Ask Judge For More Time; Say Bowdoin, Busby, Garner Haven’t Been Served

Robert GarnerThree former members of AdSurfDaily who accused the company of racketeering have asked a federal judge for more time to respond to a motion by Bank of America to dismiss it as a defendant in the case.

Although not named a RICO defendant, BOA was accused of aiding and abetting ASD President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby in a racketeering scheme.

BOA is not opposing the plaintiffs’ motion to extend the time to respond to its own motion to dismiss. In fact, the plaintiffs’ pleading for the extension was filed today as a joint motion with BOA.

Plaintiffs Mike Collins, Frank Greene and Natures Discount Inc. — all former ASD members — said Bowdoin, Busby and Garner haven’t been served with the lawsuit, which was filed Jan. 15.

Why the defendants haven’t been served in more than two and one-half months since the filing of the complaint is unclear. The court reissued the summons March 18 — nearly two weeks ago — and Bowdoin, Busby and Garner still haven’t been served.

Bowdoin, Busby and  Garner were accused of conspiring with unnamed parties in organized efforts to defraud.

The RICO complaint alleged the men were involved in “other” schemes beyond ASD, Golden Panda and LaFuenteDinero, and have “committed or aided and abetted in the commission of countless acts of racketeering activity,” including indictable offenses.

“The ASD Enterprise provides the RICO Defendants and other unnamed co-conspirators with a system by which to operate fraudulent schemes such as ASD, to hide the fraudulent nature of the schemes, and to profit from such schemes,” the plaintiffs alleged. “Each RICO Defendant agreed to perform services of a kind which facilitated the operation of the ASD Enterprise and facilitated the RICO Defendants and others in the operation of various fraudulent schemes, including ASD.”

Bowdoin said he fired his attorneys in a civil-forfeiture case filed in August against proceeds linked to ASD. The U.S. Secret Service has seized nearly $100 million in the case, and Bowdoin now is acting as his own attorney.

Bowdoin has filed several motions in the forfeiture case in the past few weeks.

A Blog reader who described himself as having engaged Busby in a real-estate deal said he could not locate Busby for months. The reader added that he finally secured a phone number for Busby, spoke with him briefly about 11 days ago and that Busby hurried him off the phone.

Garner once advertised offshore legal services in an online magazine known as “Escape From America Magazine.”

Garner identified himself a “[f]ormer General Counsel for  major Miami-based securities firm with Latin and South American  focus,” according to his ad. He listed the URL for his law office in Greensboro, North Carolina, saying he also specialized in “[r]ecoveries from scam.”

Garner’s North Carolina law license was updated March 14 by the North Carolina State Bar. Garner’s license is active, and he is in good standing with the Bar.

The plaintiffs in the RICO case — with the consent of BOA — asked Judge Rosemary Collyer to give them until April 30 to respond to BOA’s dismissal motion — and to extend BOA’s time to respond to May 20.

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5 Responses to “BREAKING NEWS: Plaintiffs In ASD RICO Case Ask Judge For More Time; Say Bowdoin, Busby, Garner Haven’t Been Served”

  1. Patrick:

    Now we have the Three Amigo’s hiding from process servers. Guess they would be able to find Andy when he has lunch with the mod’s from the Surf’s Up forum. Well, one or more of them claim they do anyway. Also, Andy is supposed to be doing a conference call shortly (no time or date given) so maybe someone on the call can ask why he is ducking being served. Of course an enterprising individual could trace the call, and let the process servers know where he is so they could serve Andy.

    But I have the perfect answer for Bank of America to be dismissed from this action. All they have to do is claim that Andy is the only one that knows how to properly define the ASD Business model. They would have had no knowledge about how ASD worked that would have allowed them to know ASD was not working legally. This wsa the mantra from all the supporter’s and also by Andy wasn’t it? Besides, Andy said the government had to tell him he was doing something illegally before they seized the funds. Likewise Bank of America should have also been told ASD was operating illegally so they could have then taken the appropriate action. Of course the plaintiff’s have no clue if Bank of America blew the whistle long before the raid took place or not, but I think this would be a perfect defense for Bank of America.

    What has always been curious and interesting to me is how Garner has totally disappeared since day one of this seizure. It makes one wonder if he is still in the continental U.S., or hiding out in an island paradise somewhere? Wonder if he will show up at the AVG paradise get-away on May 1 & 2 in the Bahamas? He is after all this big SEC attorney, and specializes in recoveries from scam(s). What better scam to help with recovery than ASD, which he was a part of, don’t you think?

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  2. Hi Lynn,

    Lynndel Edgington: What has always been curious and interesting to me is how Garner has totally disappeared since day one of this seizure.

    ASD knew how to get in contact with Garner post-seizure.

    Andy put his expert witness for the evidentiary hearing in contact with Garner via phone and email, according to an account of courtroom testimony.

    Lynndel Edgington: Wonder if he will show up at the AVG paradise get-away on May 1 & 2 in the Bahamas? He is after all this big SEC attorney, and specializes in recoveries from scam(s).

    Speaking of AVG, some of the members must feel confident that the private association insulates them from claims. They’re openly talking about AVG being an investment.

    Still not sure if the Bahamas event will occur. They might be too busy running a 500 percent, matching-bonus program by then — for recruits and sponsors.

    Or they might be DOA from the current 200 percent, matching-bonus program by then.

    An unhappy camper gave them three exclamation points today for botching things.

    Regards,

    Patrick

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  3. Patrick:

    WOW! Three exclamation marks!!! Another twist to this Bahamas gig is these are the same people who were crying, when their Beloved ASD was halted, they were ruined financially, they were destitute, and other such stories. Now they can afford to go to the Bahamas for a two-day event. Maybe they received bailout money? Incredible!!!! (wanted to beat 3)

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  4. I cannot figure out how Andy manages to file papers with the clerk of courts who has issued papers that haven’t yet been served upon him. The Judge should issue an order that the next time he files a motion, he has to accept the service on the other case….or is that too simple…

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  5. Where’s the stinkin’ money?

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