BREAKING NEWS: Busby Served With RICO Complaint; Attorney Files Motion To Dismiss Racketeering Claims

UPDATED 1:11 P.M. EDT (U.S.A.) Golden Panda Ad Builder President Clarence Busby has been served with a racketeering lawsuit pending since Jan. 15. His attorney has filed a motion to dismiss him as a defendant, referring to him at least 120 times in the 46-page document as “Rev. Busby” and saying he has been a practicing Protestant minister in Georgia for 30 years.

Busby, through his attorney, did not say why it had taken so long to respond to the lawsuit.

Busby’s attorney — Jonathan W. Emord of Clifton, Va. — said claims against “Rev. Busby are precluded by the United States’ civil forfeiture action under the doctrine of res judicata.

“Plaintiffs are barred from relitigating issues resolved against Busby on behalf of the United States and all residents, citizens, and taxpayers concerning matters adjudicated which are of public interest,” Emord argued.

In essence, the argument holds that, since Busby already has submitted to the forfeiture of funds and the government is establishing a mechanism for refunds, the RICO litigants already have a remedy.

“Plaintiffs admit that their case ‘grows out of the same events and transactions’ as the US Forfeiture action, Emord said.

“The doctrine of res judicata bars Plaintiffs’ claims because Plaintiffs were in privity with the Government during the initial forfeiture proceeding,” he argued. “The Supreme Court has recognized the long settled axiom that a judgment for or against a governmental body in an action brought by the governmental body on behalf of the public is binding and conclusive on all residents, citizens, and taxpayers with respect to matters adjudicated which are of general and public interest.”

The RICO lawsuit was brought by three members of AdSurfDaily. Busby, through his lawyer, argued that the plaintiffs were not members of Golden Panda. In addition, Busby argued that Golden Panda and ASD were separate companies.

At the same time, Emord argued that the RICO claims should be barred because a motion Busby filed to relinquish his claim to the seized funds in the federal case was granted by Judge Rosemary Collyer and has the effect of  a “Final, Valid Judgment on the Merits.”

The forfeiture will be perfected with the signing of another order, which Emord described as a “ministerial” action.

“Without additional claimants to Golden Panda assets, nothing stands in the way of a forfeiture order following the Government’s prospective filing of a consent default motion,” Emord said. “On April 24, 2009, Government counsel represented that he will soon file such a motion.”

Busby, through his attorney, also asked the judge to “demand” proof of an assertion that some of the money in Golden Panda accounts came from ASD.

“The fact that ASD and [ASD President] Bowdoin did not provide money to Golden Panda accounts has been demonstrated by uncontroverted evidence during the forfeiture proceedings,” Emord said.

He also asserted that all Golden Panda money had been turned over to the government.

“Rev. Busby volitionally transferred to the U.S. Secret Service all outstanding checks, customer materials, and related Golden Panda assets he possessed before dissolving the corporation,” Emord said.

The transfer came as a result of a negotiated settlement of the August forfeiture complaint filed by the government, which had “sought Rev. Busby’s assets that were derived from the operation of Golden Panda,” according to today’s motion on Busby’s behalf.

“Negotiations culminated in a resolution on the disposition of Golden Panda assets,” Emord said. “Golden Panda agreed to forfeit permanently to the Government all monies received by Golden Panda from its customers.”

Golden Panda was formally dissolved as a corporation on Sept. 24, according to records.

Bob Guenther, de facto head of the ASD Members Business Association (ASDMBA) Trust, however, has said that not all Golden Panda money was turned over to the government.

“Mr Busby, under pressure from me and the ASDMBA, returned over $1.5M in uncashed cashiers checks to the rightful owners,” Guenther said, in a March 26 Comment here.

Some of the money came from active-duty and retired police officers in Texas and California, Guenther said.

Emord also argued that RICO claims against Busby should be dismissed because the allegations were vague, failed to state claims and the plaintiffs lack standing.

Andy Bowdoin is now the sole defendant in the RICO case not to have responded to the lawsuit.

Read Clarence Busby’s motion to dismiss.

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22 Responses to “BREAKING NEWS: Busby Served With RICO Complaint; Attorney Files Motion To Dismiss Racketeering Claims”

  1. I have to wonder what will come of this, if it is true. Ideas anyone?

    “Bob Guenther, de facto head of the ASD Members Business Association (ASDMBA) Trust, however, has said that not all Golden Panda money was turned over to the government.

    “Mr Busby, under pressure from me and the ASDMBA, returned over $1.5M in uncashed cashiers checks to the rightful owners,” Guenther said, in a March 26 Comment here.

    Some of the money came from active-duty and retired police officers in Texas and California, Guenther said.”

    Roxy Lewis
    Ning Nine #9

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  2. Certainly hope, for their sakes, the monies returned by Guenther to the issuers from Panda HAVE NOT YET BEEN SPENT!! Unless you have been living under a rock, ALL should know Clawback is GOING TO HAPPEN! Maybe NOW, the money sent to Larry will be used to help those poor unfortunates who were deluded into thinking they escaped (thanks to BG ?) the wrath of losing sizable amounts of money to an illegal ponzi. It will be interesting to see if BG can FINALLY PUT HIS MOUTH WHERE OUR MONEY IS!!

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  3. “Rev. Busby” will have a special place down below for him. Emord was involved with some other filings right?

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  4. Please be kind Patrick and provide either the PDF file or the link to it.. I’d like to post it on my site.

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  5. Steve,

    Steve: Please be kind Patrick and provide either the PDF file or the link to it.. I’d like to post it on my site.

    The link is at the bottom of the story.

    Patrick

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  6. Kathy Matter: Certainly hope, for their sakes, the monies returned by Guenther to the issuers from Panda HAVE NOT YET BEEN SPENT!! Unless you have been living under a rock, ALL should know Clawback is GOING TO HAPPEN! Maybe NOW, the money sent to Larry will be used to help those poor unfortunates who were deluded into thinking they escaped (thanks to BG ?) the wrath of losing sizable amounts of money to an illegal ponzi. It will be interesting to see if BG can FINALLY PUT HIS MOUTH WHERE OUR MONEY IS!!

    I wonder how the Federal Government will view Bob’s part in this action? Could get interesting since he’s claiming credit for the occurrence, don’t you think?

    Roxy Lewis
    Ning Nine #9

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  7. Maybe they could lock BG up for perverting the course of jutsice, or at least for hindering a government investigation.

    (Well I always was an optimist. lol)

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  8. because golden panda was so young, just starting, wasn’t everyone a loser, but Busby?

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  9. CORRECT MARK!!!

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  10. that is a darn interesting legal theory, the idea that by settling with the government, he settled with alkl injured parties. It has at least two fatal flaws that I can see though. The government’s case was an in rem proceeding against property, so the property has settled, but Clarence ha sonly admitte it was creiminal proceeds that he has no right to. (legally anyhow, that’s what Busby’s participation in the case boils down to). Clarence still, by his own admission, has comitted criminal acts that harmed X people, and hes liable to them. Maybe liable for treble damages,maybe punitive damages, if I ran the world he’d be liable for a good old fashoined British Navy Scourging, but I digress. It’s a nice try Clarence, but you’re real salvation is only gonna be that you won’t have enough money to buy a Pancake Sampler at IHOP more less to pay thses guys. Oh, and the case might run into some trouble because it wa brought be people who are darn near as guilty as you are…

    Bob, well, what can I say about Bob…
    Convicted Felon
    Raving Lunatic
    Serial Liar
    a man with a plan….

    Obstucting Justice Bob, look it up

    18 U.S.C. Chapter 73
    § 1505. Obstruction of proceedings before departments, agencies, and committees
    § 1510. Obstruction of criminal investigations
    § 1520. Destruction of corporate audit records

    I could go on, but at your age there’s enough there to be effectively a life sentence

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  11. alright I’m on a hot streak lol So isn’t Busby the head of bizsplash? Maybe he’ll have to pay off one ponzi with another!!
    Another point is, remember the feds never raided the offices of golden panda. the accounts were froze but the office never raided. So what Bob did was demand checks that were not depoisted yet. Many people just stopped payment on checks that Busby promised to mail back to them. Or Busby did mail the checks back.

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  12. Once again, the fools speak about things they know not. How about this, this is legal precident that would have called for the return of ALL undeposuted funds to the rightful owners…

    There cannot be a “Ponzi” if there was no winners.. How could there be any Panda winners when the program NEVER launched. The people who recived theirmoney back simply got THEIR money back because they did not receive anything for it. In some cases, Busby sent back the original UNCASHED cashiers checks, THE SAMR THING THE FEDS SHOULD HAVE HAD ASD DO..In pther cases he sent checks back drawn on TWO different banks.

    When Andy plead the 5th at his own evidentary hearing, it became evident to Busby Andy was going to evintually turn on him or throw in the towel, so he “cut a deal” and supposedly turned over all the money BUT the Feds missed a checking account. WE PERSONALLY had people visit both banks right outside Atlanta, one account at a small rural bank STILL had over $2Million dollars in it AFTER the FEDS supposedly git the money, only problem, they missed this account, by the time they got there, guess what, Busby wihdrew all the money and went to the Turks.. hey promptly launched another scam that is still going..

    And all you naive koolaid drinkers standby and you will see just how WE get the money.. And Gregg, or whoever you are, I still challenge you to reveal your real name address ASD number and how much money you put in ASD and how much you took out. So far, with the exception of a left wing radical in Spain, Jenny Stewart, aka alasycia, who put in less than $1000, everyone that I have come across that is blasting me has been a ASD WINNER.. How about you??

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  13. Once again, the fools speak about things they know not. How about this, this is legal precident that would have called for the return of ALL undeposuted funds to the rightful owners…

    There cannot be a “Ponzi” if there was no winners.. How could there be any Panda winners when the program NEVER launched. The people who recived theirmoney back simply got THEIR money back because they did not receive anything for it. In some cases, Busby sent back the original UNCASHED cashiers checks, THE SAMR THING THE FEDS SHOULD HAVE HAD ASD DO..In pther cases he sent checks back drawn on TWO different banks.

    When Andy plead the 5th at his own evidentary hearing, it became evident to Busby Andy was going to evintually turn on him or throw in the towel, so he “cut a deal” and supposedly turned over all the money BUT the Feds missed a checking account. WE PERSONALLY had people visit both banks right outside Atlanta, one account at a small rural bank STILL had over $2Million dollars in it AFTER the FEDS supposedly git the money, only problem, they missed this account, by the time they got there, guess what, Busby wihdrew all the money and went to the Turks.. hey promptly launched another scam that is still going..

    And all you naive koolaid drinkers standby and you will see just how WE get the money.. And Gregg, or whoever you are, I still challenge you to reveal your real name address ASD number and how much money you put in ASD and how much you took out. So far, with the exception of a left wing radical in Spain, Jenny Stewart, aka alasycia, who put in less than $1000, everyone that I have come across that is blasting me has been a ASD WINNER.. How about you??

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  14. Bob Guenther: There cannot be a “Ponzi” if there was no winners..

    For goodness’ sake, Blowie, will you SHUT UP, before you make more of a fool of yourself and anyone associated with you.

    The complaints against Bowdoin are: “WIRE FRAUD, MONEY LAUNDERING AND CONSPIRACY TO COMMIT BOTH”

    The word “ponzi” is merely a descriptive term used to indicate the methodology used in committing the offences.

    You appear to have fallen lock, stock and barrel for the old “it’s not a ponzi because……….” argument used by ‘net scammers for years.

    ASD and Panda were fraudulent from the moment they accepted their first deposit.

    “Giving the money back” does NOT, do you understand that, Blowie??? does NOT indemnify anyone from prosecution. Just as you cannot unscramble an egg, Busby cannot plead Mea Culpa, return the money and walk away.

    In fact, the penalties will probably include gaol, penalties AND disgorgement anyway, so he’ll have to return the money, no matter what anyone else, other than the courts do.

    You’re out of the game, have the decency to admit it and slink back whence you came.

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  15. <
    Let me tell you first hand ROXY.. I have been asked by the USAG’s office to provide names of all ASD winners that I am aware of. I have been asked repeatedly for arious items and I provided them with everything UNTIL I suspected they cut a deal with BUSBY and they were contemplating the same with a two time convicted felon Andy B..

    Obviously they still dont have a clue what they have in the Database when they seized Andy’s computers. BUT WAIT, they gave him back the computers, so he could prepare testimony for the Grand Jury.. You would think they made a copy of those hard drives, right?? If so, they could identify every winner, simply by going to the accounting back office… Well I dont see anyone chasing the winners, I can name 25 that are still spending their winnings left and right, only one I know of that has been smart enough not to close on his Million dollar house, initials is DM, some will know who I am talking about..

    You people just dont get it, the US Attorney General’s office is unstaffed, underbudgeted and the civil side is full with $60-$100 a year lawyers who went to law school, got a degree, and went to work for the Government.. Now why would they do that, because they dont like money, fame and fortune and just want to serve to pusuit of Justice, you must be kidding me..

    Yiu answer this, if 12,000 politically connected, high end investors cannot get their money back from Madoff how do you think a bunch of ASD koolaide drinkers, pissed off people and “I thought I was going to be a millionaire for doing nothing” people have a chance in hell of getting anything back..

    Here is a list of Madoff victims, where is that ASD/Panda list??

    http://s.wsj.net/public/resources/documents/st_madoff_victims_20081215.html

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  16. FYI dipshit, law is not defined by Websters.. You are a total idiot, and anyone with half a brain can see it for themselves..

    Once again genius, what is your real name, address, phone number. ASD number and how much did you put in ASD.. Why wont you people answer a simple question??

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  17. Only a “total idiot” would have thought that ASD was not a ponzi/fraud/illegal, and yet you and your lawyer friend “invested” in ASD. Anyone with “half a brain” should have been able to see that it was an illegal operation, but you and your lawyer were/are too thick to see it. Even after the fraud was stopped your ” total idiot” lawyer friend proclaimed ASD not a ponzi.

    Once again “genius”, how about providing a detailed accounting of the Trust-Not-a-Trust accounts? How much did you pay yourself and/or family members from the Trust-Not-a-Trust accounts? Why won’t you answer such simple questions?

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  18. Tony H said:

    “Anyone with “half a brain” should have been able to see that it was an illegal operation,”

    Yep and it was encumbent upon those without any brain at all to consult with someone who had. As you and others well know Tony I have been saying that very thing about ponzi players for years, trouble is you people who have supposedly got the full working model have never been able to accept that. Too busy congratulating and clapping each other on the back, I suppose.

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  19. Bob Guenther: You would think they made a copy of those hard drives, right?? If so, they could identify every winner, simply by going to the accounting back office… Well I dont see anyone chasing the winners,

    Err,

    let me see……… a claimed 100,000 “members” and Blowies’ reason for no one YET being “identified” is because the Attorney Generals’ office is understaffed, underbudgeted and filled with incompetent “new” attornies.

    I don’t know how it works in failed car sales businesses, but in the real world, qualified people have to go over every single “account” with a fine toothed comb.

    In the case of 12Daily Pro, an official receiver(and staff) have been doing just that since March 1, 2006, yet, to date, not one cent of refund has been “refunded” and not one “winner” has been publicly identified.

    It’s easy to imagine the furor that would ensue if the DoJ relied in any way on any of ASD/Bowdoins’ database records. The prosecutions’ case is that the whole thing was a fraud. How could they then accept ANYTHING issuing out of ASD or Bowdoin as being true ???

    The CEP receiver was appointed on July 10, 2007, and he too has not yet issued any “refunds” Unlike the 12DP case, the receiver has, at least, instituted legal proceedings against those he considers received preferential payments. But, no refunds.

    To make things worse for those who believe Blowies’ version of the “truth” the DoJ has clearly signalled its’ intentions to handle this fiasco “in house” WITHOUT any reference to the SEC.

    Additionally, the original complaint states quite clearly

    “BASES FOR FORFEITURE
    8. The defendant properties (the above-identified real and personal properties) are subject to forfeiture because, as further set forth herein, they: (1) constitute proceeds or are derived from proceeds traceable to violations of 18 U.S.C. 5 1343 (Wire Fraud), a “specified
    unlawful activity” (as referenced in 1 8 U.S.C. 5 98 1 (c) and defined in 1 8 U.S.C. 5 1 956(c)(7)(A) (incorporating 5 1961(1)); andlor (2) constitute property involved in money laundering,in violation of 18 U.S.C. 5 1956; and/or (3) constitute proceeds or property involved in conspiracies to commit these offenses, in violation of 18 U.S.C. $5 371 and 1956(h). As set forth herein, there is reasonable cause to believe that the funds that were contained in the above-identified BOA Accounts and the funds that were used to acquire or maintain the real properties at issue here constitute proceeds of a wide-spread Internet-based Ponzi scheme that operated in violation of Title 18, United States Code, Section 1343 (wire fraud). All such property is therefore subject
    to forfeiture pursuant to 18 U.S.C. 5 98 1 (a)”

    The statutes quoted relate to WIRE FRAUD, MONEY LAUNDERING AND CONSPIRACY, to whit, a ponzi scheme.

    Just as ARMED ROBBERY is robbery, whether committed with a weapon, a replica weapon or even the pretense of a weapon.

    The prosecution isn’t guessing, it’s seen the “books” it KNOWS there was fraud, money laundering and conspiracy.

    Once again, Blowie is whistling in the wind and blowing his own horn at the expense of the “truth”

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  20. You’re a kool aid drinker Bob, we have you on tape after the raid, you and your lawyer saying ASD was not a ponzi, or was that a lie to get contributions to the ASDMBA? Yep probably so, which makes you a winner too Bob you just did it in a side fraud. And you aren’t going to do anything for anyone now because you are out of money remember?

    Can you answer to the ASDMBA members what you still plan to do for them with zero dollars of their money left?

    Like Tony said, start answering the legitimate questions regarding the trust or shut up and go play another “win at all costs” game. You’re a disgrace to Texans.

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  21. “Once again, the fools speak about things they know not”

    Dont they just Bobbie.

    Why dont people let you know their personal details and the details of their membership of ASD, Bobbie? The answer is simple – it is none of your ****ing business. You are not working for the AG and have no official role with them.

    As the “Trustee” of a trust for ASD members, you have clearly abandoned the people YOU consider winners, and whose money you willing took from them to their own luck.

    It appears you are only now interested in wealthy people who were able to make large investments in ASD and who have not received any rebate payback, so anyone else who paid in money is of sublime unimportance to you.

    However, there is (according to you) no more money for the ASDMBA to play with, and no legal standing being sought – so the ASDMBA has outlived its usefulness and you are no more nor less than the rest of us.

    And it would be funny if it was not so sad to see you making wild accusations of “you are a winner” to people and “telling the AG who the real “winners” were. You are so far off the mark sometimes it is funny, but your accusations are coming very close to libelous, if they havent already reached that point.

    You have all the information you need – which is none – about the members past and present of ASDMBA and the rest is none of your business.

    If the AG once asked you for information, I am sure he has “wised up” now and realises that, understaffed as he is, he is better off not wasting his and his staff’s valuable time being bombarded by you. You dont have the ASD data base and the AG’s office has evidently declined to share it with you to enlist your “help”

    If the AG did not pursue a bank account you had “led him to”, maybe you had already gotten yourself a bad name as a time waster and attention seeker and werent taken seriously.

    Please feel free to call me a left wing radical – it is causing great hilarity amongst my friends. I cannot possibly take it as an insult. I am European (although I dont like war and would make a lousy neocon. lol.).

    Now what YOU should be doing, instead of interfering with a government investigation and making public statements about everything and anything you either know or think you know about ASD without their prior approval or clearance, is do your own job as “trustee” properly.

    Let us have a detailed accounting of the spending of all the money we paid into the ASDMBA to pay Larry Friedman to get us standing.

    Come on Bobbie – lead by example and show us what an honest guy you are and what integrity you have. Let’s have the information that you DO KNOW about and can give us, and promised on various live calls – a detailed breakdown of spending of ASDMBA funds to the very last cent.

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