PROSECUTION BOMBSHELL: Bowdoin Signed Proffer Letter Prior To Submitting To Forfeiture And Told Investigators That Government’s Material Allegations Were ‘All True’
Andy Bowdoin
Prior to submitting to the forfeiture of tens of millions of dollars in January, AdSurfDaily President Andy Bowdoin signed a proffer letter and told investigators that the government’s material allegations all were true, federal prosecutors said late this afternoon.
The explosive revelation came in the form of a memorandum filed in response to a pro se motion by Bowdoin to rescind his decision to submit to the forfeiture.
“In fact, when Mr. Bowdoin, through his counsel, filed his January 2009 “Motion to Withdraw Claims,” seeking to dismiss the August 2008 claims that provided his statutory standing, he had already admitted to law enforcement agents that the material allegations that the government made in its forfeiture complaint in this case were all true,” prosecutors said.
“Mr. Bowdoin signed a ‘proffer letter’ that informed him that his proffered statements would not be used against him in the government’s case-in-chief in any criminal prosecution of him — other than a prosecution for perjury, giving a false statement, or obstruction of justice,” prosecutors said.
“But the letter also explained that Mr. Bowdoin’s proffered statements could be used for other purposes,” they continued. “Mr. Bowdoin and the government never agreed that Mr. Bowdoin’s proffered statements were off the table in this civil case — which explains why, after consulting with his attorneys, Mr. Bowdoin decided, in January, to withdraw his claims.”
Bowdoin asserted in his motion to rescind that “[t]he procedures used to search and seize [the] property in the forfeiture were nonexistent”; (2) the claimants “were greatly influenced by legal counsel that was ineffective”; (3) the claimants were illegally intimidated, threatened and coerced by government agents and attorneys concerning potential prosecutions and sanctions against them”; (4) the claimants acted under severe duress and true feeling of protest”; (5) “government agents used fraud, trickery and deceit to . . . convince the claimants that the withdrawal and release of claims was their only option”; (6) “government agents and prosecutors acted in bad faith in deciding to use a civil investigation and forfeiture to gain information and evidence for a criminal indictment and conviction” and (7) “government agents and prosecutors have willfully and intentionally used an illegal forfeiture to destroy the business enterprise that has affected thousands of innocent purchasers with de minimus or non-existent harm to the public to punish the claimants,” prosecutors said.
Judge Rosemary Collyer should deny the rescission motion, prosecutors said.
“Mr. Bowdoin offers no facts to support any of his accusations. Indeed, his accusations are inconsistent with the record. He offers no valid basis for this Court to permit relief from a final order, that he, through his counsel, requested, dismissing him from this proceeding.”
At the same time, prosecutors said, Bowdoin appears to have arrived at his conclusions after consulting with nonexperts.
“Mr. Bowdoin says that after discussing this case with his supporters, and concluding that they were smarter than his attorneys, he has changed his mind. But, ‘buyer’s remorse’ is not a basis for establishing that a mistake occurred when the Court issued the order to dismiss the August 2008 claims,” prosecutors said. “Mr. Bowdoin offers no facts to support that any mistake ever occurred.
“Nor does ‘I changed my mind’ provide a basis under the catch-all provision in Rule
60(b)(6) to relieve a party from his free and conscious choice regarding the conduct of litigation,” prosecutors said.
The record of the case undermines Bowdoin’s assertions, prosecutors said.
“Mr. Bowdoin also alleges that he was ‘illegally intimidated, threatened and coerced by
government agents and attorneys concerning potential prosecutions and sanctions against them,’” prosecutors said.
“But that protest is belied by his other statements in the record here. When this case was
scheduled for a post-seizure hearing, at the request of the attorneys who Mr. Bowdoin retained in August 2008 to represent him in this civil forfeiture matter, those attorneys told this Court that Mr. Bowdoin would not be testifying at the hearing they had requested. Mr. Bowdoin’s attorneys explained that, if called to testify, Mr. Bowdoin would assert his right under the fifth amendment to the Constitution not to incriminate himself.”
“In other words,” prosecutors continued, “his own attorneys, presumably in consultation with Mr. Bowdoin, concluded that Mr. Bowdoin faced potential prosecution for his conduct and should not testify. Mr. Bowdoin, through his attorneys, did invoke the fifth amendment. Mr. Bowdoin’s apparent assertion now, that his agreement to withdraw from this case hinged on a threat from the government that he was facing criminal culpability, is plainly dishonest. The multiple attorneys Mr. Bowdoin has fired presumably explained precisely as much to him. Nor can Mr. Bowdoin credibly assert that his decision to
withdraw was tied to a prosecutor ever having misinformed his counsel.
“Ultimately, whether Mr. Bowdoin’s awareness that he might face prosecution for criminal conduct came directly from his conversations with his own attorneys, or from conversations he had with some others, is irrelevant,” prosecutors said.
Justice is being delayed for ASD’s many victims because of Bowdoin’s senseless pleadings, prosecutors said.
Bowdoin claims the government “used an illegal forfeiture to destroy the business enterprise that has affected thousands of innocent purchasers with de minimus or nonexistent harm to the public to punish the claimants,” prosecutors said.
“The government agrees that the enterprise ‘affected thousands of innocent’ people and it agrees that the enterprise caused ‘harm to the public,’” they continued. “Mr. Bowdoin complains about his lawyers and the government’s lawyers — but he does not maintain that the enterprise that affected thousands of innocent people was lawful. As he well knows, the evidence his attorneys produced demonstrated that fallacy of his supposed novel business.
“Mr. Bowdoin secured funds from the public by promising to them safe, profitable
returns,” prosecutors said. “To keep his fraud scheme afloat, Mr. Bowdoin paid apparent ‘profits’ to early entrants into the scheme, and to friends, family and employees. Mr. Bowdoin confirmed to law enforcement officials that he modeled his enterprise on another’s failed fraud scheme, and he acknowledged that there was almost no revenue independent from what he secured from the ‘members.’
“No witness ASD produced at the emergency hearing disagreed,” prosecutors said. “No ASD official or representative testified that the enterprise secured revenue independent of what it derived from members to support the payments that were promised to the public and paid out to some participants.
“Mr. Bowdoin also confirmed that the revenue figures of the enterprise were managed to make it appear to prospective members that the enterprise called Ad Surf Daily was a consistently profitable, and brilliant, passive income opportunity. Mr. Bowdoin knew that his conduct was indefensible when he withdrew his claims in January. Nothing material has changed, and nothing Mr. Bowdoin offers in his ‘Notice of Rescission, etc.’ begins to support the relief he seeks.”
Read the proecution’s memo.
actually I already know the answer, and I believe it’s even available online, but I digress. Bob is a chimp, sometimes you dress them up and let them ride tri-cyces and that’s cute, but a lot of the time they’re just throwing feces through the bars of the cage.
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Bob:
Glad to hear that ASDMBA is now a 501(c)3 Corporation, but do tell what tykpe of a 501(c)3 corporation is it? The IRS is quite surprised, however, because they can’t find your filing. To help them, please provide the ASDMBA’s EIN (you do have an EIN don’t you?), and date the papers were filed.
While you are at it, give us the date you filed your Articles of Incorporation with the Texas Secretary of State because they seem to be having the same problem as the IRS. What are the names of the Directors of your nonprofit corporation?
Now before you try to claim all of this information is confidential, wrong answer. See that is the beauty of a 501(c)3, all information is available to the public when asked, and you have been asked.
So we now have gone from the ASDMBA being a Trust, to a quasi-Trust, to not a Trust, and now a 501(c)3 corporation. Anyone want to guess what the next reincarnation of ASDMBA will be?
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google robert krutko and do some reading. The resemblance is fascinating.
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LOLOLOLOL. BRAVO! Great reading
http://www.soulcast.com/post/show/148543/Robert-Krutko-is-an-internet-infestation
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and this!!! ROFL
http://www.topix.com/forum/city/stock-island-fl/T7PG1BJB2CDTICQOV
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I know it is a bit off topic but Bob Cefail is striking again with a new (?) marketing system for AdGateWorld. Remember he was a 3rd party participant for ASD with ASD Offer Universe. One interesting point in the announcement is this:
“A major part of the system he will be describing was responsible for taking one surf related company from 10,000 members to over 100,000 in five months. They have been courted by all of Adgates competitors and after 6 months of study selected Adgate to not only build a system for existing members but to join as well! Their own database of prospects is over 600,000.”
Here is the entire email I received as part of someone’s list:
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Bob Cefail is a crook, a scam artist and when Andy found him, or he found Andy, Cefalt was fresh out of prison and living in his car.
Next thing you know, he is all cleaned up and telling his “rags top riches” story at ASD Rally’s, up on stage with another piece of crap, Robert Fava, a convicted Sex Offender on probation since 2006..
http://www.iowasexoffender.com/sho.php?id=30677347&L_isonums=&sub=&lastone=
Andy then was somewhat blackmailed by Cefalt, who wanted more money from their “In TOuch Marketing”.. Andy refused, Cefalt stole the database, or most of it, and that my friends is where all that SPAM advertising all of you ASD Members get…
Another scam AdPacs http://www.adpacs.com/index.html is another ASD Knockoff run by a Steve Renner (an alias name, his actual name is Russian, Ill withhold it for now) Andy is getting a piece of it all, by getting free AdPacs or whatever the AdCredit name might be.
All this infomation has been supplied to William Cowden LAST OCTOBER…
From: Bob Guenther [mailto:bob@asdmembersbusinessassociation.com]
Sent: Wednesday, October 22, 2008 2:44 AM
To: Cowden, William (USADC)
Cc: eleonard@fflawoffice.com; lfriedman@fflawoffice.com
Subject: THE NEW RESTYLED ASD “ADGATEWORLD”
Bill,
Go to the new ASD http://www.adgateworld.com/?ref=snewton
Busby, maybe Andy and many of the leaders, including Fava and former CEO Juan Fernandez are touting this site.. A virtual knockoff of the ASD program.
See attachment 1.. This woman is dumb enough to respond to MY request for more info..
Also look at the other attachment, which the registration of the name..
Georgia server, coincidence??
NOW READ THE FOLLOWING RESEARCH CAREFULLY.. For all of you who think you know what is going on down there in Florida…………….
Bob
See the server info on AdGate below…
RE: AdGateWorld
It appears that the main name associated with AdGateWorld is “Jack Schrold”
Ironically – he has a connection to ASD
Jack Schrold is an attorney who had a large stake in the ASD program.
He has a lot of experience in the online marketing industry and has formeda group of attorneys and marketing professionals to launch a MUCH improved version of ASD but on an International level.
In other words – he, and his personal information, including SS# should be on the ASD database.
Here is the information gathered on AdGateWorld:
Registration Service Provided By: NameCheap.com
Contact:
Visit: http://www.namecheap.com/
Domain name: adgateworld.com
Registrant Contact:
WhoisGuard
WhoisGuard Protected
8939 S. Sepulveda Blvd. #110 – 732
Westchester, CA 90045
US
Administrative Contact:
WhoisGuard
WhoisGuard Protected ()
+1.6613102107
Fax: +1.6613102107
8939 S. Sepulveda Blvd. #110 – 732
Westchester, CA 90045
US
Technical Contact:
WhoisGuard
WhoisGuard Protected ()
+1.6613102107
Fax: +1.6613102107
8939 S. Sepulveda Blvd. #110 – 732
Westchester, CA 90045
US
Status: Locked
Name Servers:
ns0.dnsmadeeasy.com
ns1.dnsmadeeasy.com
ns2.dnsmadeeasy.com
ns3.dnsmadeeasy.com
ns4.dnsmadeeasy.com
Creation date: 19 Aug 2008 00:49:28
Expiration date: 19 Aug 2009 00:49:28
http://www.adgateworld.com/?ref=karent
This company has their servers in Georgia and as you can see above they are from California.
Hostname http://www.adgateworld.com ISP Unknown
Country United States Country Code US (USA)
City Marietta Region Georgia
IP Address 64.207.2.170 Postal Code Unknown
Flag Latitude 33.9532
Local time* 20 Oct 2008 10:29
Longitude -84.5177
—————————————————————
Enom,Inc is the actual company that owns and operates AD GATE WORLD and they are registered in the State of Nevada under 52 different named companies.
SARAH AKHTAR COOPER
SARAH AKHTAR
MICHAEL BLEND
PAUL STAHURA
————————————————————–
Let me preface this by saying all the following information just references a person with the same NAME as Jack Schrold, so there would need to be a little more work to conclusively tie or NOT tie them together:
http://www.armywell-being.org/skins/…&AllowSSL=true
jschrold@adgateworld.com
(954)608-1716
Let me preface this by saying all the following information just references a person with the same NAME as Jack Schrold, so there would need to be a little more work to conclusively tie or NOT tie them together:
http://www.ftc.gov/opa/2005/05/schrold.shtm
http://www.ftc.gov/opa/2004/12/schrold.shtm
And this old disciplinary action from the Florida Bar:
“Jack Schrold, 5338 N.W. 117th Ave., Coral Springs, suspended from practicing law in Florida, following an October 24 court order. (Admitted to practice: 1993) Schrold was convicted of knowledge of the commission of conspiracy and wire fraud, a felony, and sentenced to two years probation. (Case no. SC03-1822) ”
Which seems ironic that it’s still there IF it’s the same Jack who now runs services to expunge criminal records – although I suppose those aren’t official “records” per se.
Although, it seems this is likely the same Jack here as well:
http://www.floridasupremecourt.org/c…10/03-1822.pdf
Which again was a 2 year suspension:
http://www.floridasupremecourt.org/c…/04-360reh.pdf
Other info from Florida Supreme Court:
http://snipurl.com/supremeschrold
More from PIPL:
http://snipurl.com/piplschrold
Although those results need to be filtered.
And here are Jack’s defenders:
http://consumers.creditnet.com/Discu…und-46726.html
Other sites:
http://www.getcivilrights.com/
http://floridaexpunge.com/
http://isealrecords.com/
http://fxpaycheck.com/
Which seems ironic that it’s still there IF it’s the same Jack who now runs services to expunge criminal records – although I suppose those aren’t official “records” per se.
Although, it seems this is likely the same Jack here as well:
http://www.floridasupremecourt.org/c…10/03-1822.pdf
Which again was a 2 year suspension:
http://www.floridasupremecourt.org/c…/04-360reh.pdf
Other info from Florida Supreme Court:
http://snipurl.com/supremeschrold
More from PIPL:
http://snipurl.com/piplschrold
Although those results need to be filtered.
And here are Jack’s defenders:
http://consumers.creditnet.com/Discu…und-46726.html
Other sites:
http://www.getcivilrights.com/
http://floridaexpunge.com/
http://isealrecords.com/
http://fxpaycheck.com/
Post placed by Schrold on a site were programmers hang out.
Username: schrold
Name/Company: AdGateWorld
Location: Raleigh, NC, United States
Budget: $ 100-300
Status: Closed for Bidding
Project Creator:
schrold
Rating: (No Feedback Yet)
Required Skills: Gaming
Attached Files: (None)
Description
Hello,
I am looking to re-create the Pac Xon free game with different text and some variation of graphics as a potential viral FaceBook application to promote our new web site (AdGateWorld.com).
Premise would be that you are a new Advertiser seeking to collect ‘Ad credits’ (customers). Once the Advertiser gets the required % of new customers he moves up to the next corporate success level. The ‘bad guys’ chasing him are trying to steal his advertising budget and put him out of business.
Please provide some examples of your work.
jschrold@adgateworld.com
(954)608-1716
How about it Patrick Pretty.. You ready to write some new stuff, or you just want to keep publishing stuff we knoew last year and NO ONE bothered with..
Bob guenther
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Wow, amazing (re: Bob Cefail and AdGateWorld).
It seems like all of the surf/ponzi owners think that they can hide behind the “Rebates are not guaranteed” defense. Simply incredible.
I did look at their site and they did address a few of the minor issues that tripped up ASD, but, the main issue is that it is a security.
Doubt me?
Google “Howie Test” and see for yourself.
The main facts in this U.S. Supreme Court decision from the ’40’s were:
(1) an investment of money, and;
(2) an anticipation of profit, and;
(3) results generated mainly by the efforts of others.
If these things are present, you have a security. That makes AdGateWorld a security and under the purview of the U.S. Securities and Exchange Commission (regardless of where they are incorporated and domiciled).
These ponzi/surf owners will try to play fast and loose with the word investment in the Howie Test, but, they’ll get nailed eventually if they get big enough.
There is, of course, a way to make this system of theirs legal although still subject to the power of the Black Box.
But, I won’t post it here because someone will do it and then cause a lot of people, those that come in later in the game, to loose money.
Don’t want that!
Regardlesss, will be interesting to see what legs this ponzi has. I tend to think people are tired of these games and only the most desperate, the most criminal and the most stupid will participate.
But, hey, that’s just my opinion, I could be wrong.
I won’t participate of course, because I’m none of the above (I don’t think), and, more importantly, I. . ..
Respect the Black Box
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All these autosurfs eventually fail because their basic premise is a falsity. They are not advertising companies that reward you for your loylaty, nor are they investment companies, because their intention is not to provide a safe investment.
They are little more than gambling houses, dressed up as businesses which ignore the bricks and mortar real life business world which is necessary for either of them to work.
p.s. The “news” about Bob Cefail would be more amazing if had been new when originally posted. What does seem clear is that Mr. Cefail is enjoying a certain level of immunity from pressure by the AG’s office, but, thereagain, I suspect that Mr. Cowden’s office was aware of Mr. Cefail’s existence long before Bobbie G and ASDMBA Allstars started playing.
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Oh dear,
is it any wonder Blowhard can’t get any of the prosecution team to respond when he sends “information” like that as “evidence”
Secret Squirrel, he ain’t.
Blowhard says: Enom,Inc is the actual company that owns and operates AD GATE WORLD and they are registered in the State of Nevada under 52 different named companies.
Enom, Inc is the ICAN registrar, NOT the owner.
ENOM, Inc is a company which brands itself as a “domain register reseller” and webhost.
I certainly hope Mr Cowden and his staff are paid well for having to put up with being constantly bombarded by His Royal Blowhardness
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[quote]I certainly hope Mr Cowden and his staff are paid well for having to put up with being constantly bombarded by His Royal Blowhardness
[/quote]
tossing turds between the bars….
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You need to get out more Jenny, Cowden didn’t even know who Bob Cefail was until our visit with him in November 08, really, as dirty as ASD and Andy are, if the Feds are so damn smart, why are they still trying trying to get Andy, get the money and win the case, ONE YEAR TO THE DATE LATER??
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Bobbie, Bobbie, Bobbie…….You still don’t get it, do you? Information on Bob Cefail has been very publicly available on the internet long before the AG intervened in ASD. Has it not sunk in yet that maybe the AG’s office doesnt feel they have to tell you everything they know?
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How the heck can they “get” him any more than he’s already been “got” ????
This may be YOUR first time ’round the block, but, in the real world, this is as long as it always takes.
The scam has been stopped, no more money can be taken in.
Now the constitutional rights guaranteed to US citizens are being exercised, to say nothing of the time it will take to verfify 100,000 accounts and several squillion transactions.
The ONLY way it could proceed any faster is if Bowdoin does a “Madoff,” confesses and pleads guilty.
Otherwise, as has been pointed out numerous times before, it could easily take up to four years until Bowdoin is allocated his cell.
Undesirable and frustrating it may be, but, that’s the way it “is”.
To a very large extent the prosecutions’ hands are tied.
Bowdoin and his sycophants can, and probably will, dictate how long the process takes from here on in, based on exercising his/their constitutional right to question every single aspect of the prosecution and sentencing.
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Is that right, then where is Madoff?? Q=When was the Ponzi discovered, when was the money seized, when was he arrested, and where is he NOW?
It takes as long as the Feds want it to.. Cowden blew this case from the start, then cut a deal with Busby and Bowdoin..
You people never, ever cease to amaze me…
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Umm,
are you really that stupid or are you just playing at being so ???
Madoff CONFESSED,
Not only that, he confessed BEFORE anyone else was even aware there was a scam.
As for the money, the process of locating it has only just begun WITH the full co operation of the Madoff family. After all, it was his sons who actually did the “turning in”
The situation is “ever so slightly” different (and yes, that is said with extreme sarcasm)
Do you have any idea at all of how long it takes to audit an “autosurf”???
Especially when any fraudster worth his salt makes sure that records are kept to a minimum, money and asset hiding are the name of the game and everything possible has been done by the scammers to make it as hard as possible to trace ANYTHING.
You really SHOULD begin reading more than the comics in the newspaper and subscribe to more than just the “Soldier of Fortune” magazine before you make even more of a goose of yourself in public.
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Hey Bob,
Errr. You seem to overlook the fact that Cowden seized Bowdoin’s cash within a month of becoming aware of the scam and secured Bowdoin’s proffer within six months of moving on ASD. Not bad. He can play his cards at his leisure. He’s also seized bank accounts of some of the big players and can follow the money trial where ever it leads.
In cases without a guilty plea (Madoff), the defendant can stay out of prison for years before paying the piper. The audit trail has not been completed as of yet and the government has not even named or indicted any co-conspirators six months after his arrest. Do you think he pulled it off all by his lonesome?
You still have not managed to:
1. State the corporate structure of ASDMBA. You have made various references to various types of structures.
2. Release any audited financial statements informing members of how you spent their money. “Screw you and sue me” is not a substitute for the former.
3. File any court documents on behalf of your contributors. 125k buys more than two plane tickets and a meeting in DC.
As usual, you ignore the basic questions people pose.
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Great post DB. I think Bobbie would do himself a favor if he actually read it and answered the questions.
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Hi Alasycia,
Bob hasn’t, to date, and likely never will answer direct questions about HIS behavior. He prefers entertaining people with dancing bananas as a substitute. If he actually does answer the above questions in a straight forward and honest manner, I will be shocked.
Different legal and corporate structures have specific reporting and compliance requirements and actually answering questions would let people know exactly what’s required of him, hence the dancing bananas.
On the other hand, Bob expects Cowden and others to answer directly to him even when they have no reason to do so. If Cowden screws up, the judge and/or appeals courts will hold him accountable which is how it should be. The Court is not going to require Cowden to get the Bob Geunther Dancing Banana Seal of Approval so he can post it on his website in order to have the case against ASD and promoters to move forward.
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