BREAKING NEWS: Judge Extends Time For Class Certification In RICO Lawsuit Against Bowdoin, Busby, Garner

Andy Bowdoin

Andy Bowdoin

A federal judge has indefinitely extended the deadline for class-action certification in a racketeering lawsuit against AdSurfDaily President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby.

The plaintiffs in the case — all former ASD members — asked for the time extension last week because they have not been able to serve Bowdoin, Garner or Busby. The original deadline was April 15.

Judge Rosemary Collyer now will set the deadline during a scheduling conference once the defendants are served — or by issuing a future order. The case has been pending since Jan. 15.

Why the plaintiffs have not been able to perfect service of the complaint is unclear.

Plaintiffs include Mike Collins, Frank Greene and Natures Discount Inc.

The RICO complaint alleged the defendants 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.”

Collins, Greene and Natures Discount said they will seek discovery and try to get important questions answered about ASD, including questions about the interactions of ASD management and others.

Here is a preliminary list of what the plaintiffs intend to seek through discovery:

  • Representations made regarding the individuals associated with ASD.
  • Nature of ASD’s business and the opportunity to earn money.
  • Types of services offered.
  • Management and operation of ASD.
  • The relationship and interaction among employees, officers and other representatives of ASD and BOA, Bowdoin, Busby and Garner.
  • Facts and circumstances surrounding the opening, maintenance and account activity of BOA accounts in the names of ASD, Bowdoin, Busby and/or Garner.

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