BREAKING NEWS: Another Motion To Set Aside Forfeiture Using Curtis Richmond Blueprint Filed In AdSurfDaily Case

UPDATED 8:07 P.M. EDT (U.S.A.) Chad Svendsen of Lakeville, Minn., has filed a motion to set aside the forfeiture in the AdSurfDaily case. Svendsen’s motion uses the Curtis Richmond litigation blueprint and is virtually identical to other recent pro se motions filed in the case.

Richmond is a member of a sham Utah “Indian” tribe known for filing vexatious litigation. Richmond, of Solana Beach, Calif., filed a virtually identical motion last week.

So did Michael and Joyce Haws of Ankeny, Iowa. Joyce Haws “and her spouse” are included on a list of 34 “founders” who provided start-up capital for Golden Panda Ad Builder, according to a sworn affidavit filed by Golden Panda President Clarence Busby on Aug. 29, 2008.

Richmond was convicted of criminal contempt of court in California in 2007 for threatening federal judges. He also was ordered last year to pay damages to public servants in Utah who were targeted by vexatious “tribal” litigation.

The templated, pro se filings in the ASD case accuse the prosecutors and judges involved in the case of crimes. The ones in recent days frame a strange argument against prosecutors’ assertions last month that filings such as Richmond’s will lead to unconscionable delays in obtaining justice for rank-and-file ASD members.

Rather than countering  prosecutors’ argument about the prospect of Richmond-like pro se pleadings delaying justice,  the documents appear to suggest the prosecutors should be ignored because they are merely stating opinions.

Svendsen’s filing today, like others since April 20, accuse the prosecutors of Fraud upon the Court, Perjury of Oath, Obstruction of Justice and Interference with Commerce.

Prosecutors last month responded to three earlier pro se pleadings that used a different Richmond blueprint by filing a memorandum that addressed all three pleadings in the same document, rather than filing an individual document for each pleading.

Today’s filing by Svendsen, however, suggests that prosecutors now will have to file yet another response, which could lead to even more delays in the case. Three such motions have been filed since April 20. Prosecutors have not responded to any of them.

The recent Richmond-like, pro se filings appear to ignore a pro se pleading filed by ASD President Andy Bowdoin that acknowledged ASD was operating illegally at the time federal agents seized tens of millions of dollars last summer. One of the arguments is that the government interfered with commerce by taking action in the forfeiture case.

How the filers intend to demonstrate it is legal to participate in an enterprise Bowdoin himself deemed illegal is unclear. Svendsen’s motion does not take into account an assertion last week by prosecutors that Bowdoin had signed a proffer letter in the case and acknowledged to law enforcement that the government’s material allegations all were true.

Svendsen’s filing brings to six the unofficial total of ASD members who have used Richmond’s litigation blueprint. This number does not take into account Bowdoin’s pro se pleadings, which unofficially total four, bringing the unofficial grand total of pro se pleadings in the case to 10.

Federal prosecutors have said such filings could lead to interminable delays in rank-and-file members of ASD getting refunds through a process the government intends to implement for crime victims.

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7 Responses to “BREAKING NEWS: Another Motion To Set Aside Forfeiture Using Curtis Richmond Blueprint Filed In AdSurfDaily Case”

  1. Can’t the judge stop this nonsense? hope she gives some final rulings soon before anyone else files a motion to dismiss.

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  2. I mean motion to set aside.

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  3. Hello April,

    Prosecutors said this in response to one of Andy Bowdoin’pro se pleadings:

    “In this case, Mr. Bowdoin has filed an assortment of new motions after having already lost their earlier iterations. Continued serial-filing might be rejected outright, and even sanctioned.”

    The record of the case suggests Judge Collyer has remaining orders to issue with respect to the pro se pleadings by Bowdoin, the Richmond-like pro se pleadings — and the prosecution’s responses to them.

    Sanctions could become an issue, depending on what happens after Judge Collyer issues the orders.

    Patrick

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  4. So whether the AG responds to them or not, at this point, or at any point, could the judge address all these motions in one fell swoop? I would sure like to see the case move out of the civil into the criminal soon.

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  5. More desperate measures by desperate men. Unless and until the Judge stops allowing these filings, and decides what to do with the ones she already has, these delaying tactics by “winners” are going to keep the money tied up forever.

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  6. April: So whether the AG responds to them or not, at this point, or at any point, could the judge address all these motions in one fell swoop? I would sure like to see the case move out of the civil into the criminal soon.

    If you could go back far enough to find them, as a number of observers have previously pointed out, this scenario is comparatively “normal” in such cases.(if the term “normal” can be applied)

    The time between civil complaint and criminal charges being preferred can some times run out to around 24 months. Add in the “normal” time it can take to complete the appeals process, and it is not unreasonable to expect up four years until resolution, should Bowdoin decide to use the full “due process” available to him.

    This one could quite possibly take less time, given the way the prosecution has been handled thus far.(No SEC involvement) Many observers have interpreted a “new direction” with regard to how this scam is unfolding i.e. the use of Wire Fraud, Money Laundering and Conspiracy as indicators of how seriously the prosecution is taking this case, rather than the “usual” Securities Fraud route.

    As examples, the Wellspring Capital/Blake Prater ponzi took over 4 years from civil complaint until Prater was gaoled. 12Daily Pro was shut down in Feb 2006 and a receiver appointed in March of the same year. To date, Charis Johnson has still not been criminally charged.

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  7. April,

    No one quite knows exactly what the plan is for the government’s case. Of course they hold all of the cards. The people filing pro se are highly likely to be ASD winners, and they are just adding to their eventual clawback file or (hopefully) criminal prosecution file. From the government’s perspective, frankly they do not need to be highly interested in a swift resolution. If one were to divide up the ASD member camp, there are really 3 groups. The winners will always believe ASD was legal and Bowdoin’s a saint (these are the highly immoral people who believe that stealing from others is normal, acceptable behavior). Many of the losers are in the second camp — they know Bowdoin to be the scum of the earth, truly evil, and a scammer his whole life. They also know that the many ASD promoters (not all the winners, but many) are no different than Bowdoin. This group will never again be scammed (hopefully), and the delays and filings will never convince them that ASD was legal and Bowdoin was a misunderstood hero. The third group are the losers who still believe. The additional filings will eventually get through their dense skulls and hopefully eventually a light will go on. Quick resolution would encourage these folks to try, try again, maybe this time with the AVG Ponzi, or the Biz Ad Splash Ponzi that Steve Watt is promoting (sorry Steve, it is a scam and Ponzi too…..). In the meantime, the government can continue to build its criminal and clawback civil cases.

    Eventually Judge Collyer could get tired of these filings, and she has a lot of options. One would be to require the folks filing these motions to repeatedly appear in her court on various days, and if they fail to appear, hold them in contempt. Once they have their own personal $$$ on the line (travel, hotels), they’ll stop the nonsense.

    April: So whether the AG responds to them or not, at this point, or at any point, could the judge address all these motions in one fell swoop? I would sure like to see the case move out of the civil into the criminal soon.

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