BREAKING NEWS: Federal Judge Says Curtis Richmond, Six Other Parties Who Used Pro Se Litigation Blueprint, Cannot Intervene In AdSurfDaily Forfeiture Case

UPDATED 8:37 P.M. EDT (U.S.A.) A federal judge has denied motions by seven pro se litigants to intervene in the AdSurfDaily forfeiture case.

Federal prosecutors seized tens of millions of dollars from ASD President Andy Bowdoin last year, saying his Florida company was running a Ponzi scheme and engaging in wire-fraud and money-laundering.

Judge Rosemary Collyer issued the ruling late this afternoon, denying Curtis Richmond and six other individuals or companies standing in the ASD case. The ruling is a stunning blow to some ASD members, who had accused the government of a money grab and trumpeted the pro se pleadings, deeming Richmond a “hero.”

In her ruling, Collyer said the pro se briefs were less than clear.

“These individuals appear to allege either that they were victims of one or both of the auto-surf frauds or victims of the Government’s interference with their investment program,” she said.

Filers denied standing include:

  • Pacific Ministry of Giving Intl. (Associated with Richmond)
  • Midwest Healing Ministries
  • Ronald Breckenfelder
  • John R. Moore
  • Michael Haws
  • Curtis Richmond (As an individual)
  • Chad Svendsen

Collyer said in the ruling that the arguments by the would-be intervenors appeared to use the same blueprint.

“The first of these, filed on February 3, 2009, is representative and seems to be a ‘form’ complaint inasmuch as the others are duplicates,” Collyer said. “It asserts (emphasis added):

“The Claimant . . . comes to this Court to present [itself]. An Innocent Owner Qualified Under 18 U.S.C. 983(e) For A Motion To Set Aside Forfeiture & Civil Asset Forfeiture Reform Act of 2000 As Facts & Law Will Prove. This Court has a Duty & Obligation To Obey These 2 Federal Statutes that fall under Article VI Supremacy Clause of the U.S. Constitution and where Any Violation Will Be A Civil Rights Violation among other Federal Statute Violations.

. . .

[FOR THE RECORD, UPON THE OATH OF OFFICE AND BOND OF THE COURT (CLERK, JUDGES, AND ALL OTHER OFFICERS OF THE COURT] I STANDING IN GOD’s kingdom, accept for value and honor the Judges and Officers of the Court, particularly Judge Rosemary Collyer, U.S. Attorneys William Crowden and Jeffrey Taylor, their Oaths of Office without the UNITED STATES and each of you and I now have a Binding Private Contract ‘so help me God’, that each of you will Protect and Defend ALL my God given and Constitutionally Declared Rights. Any violation of a Binding Contract Is Subject To Legal Damages.”

In issuing the denial, Collyer said the would-be intervenors failed to demonstrate “that they have a cognizable interest in the monies to be forfeited.

“Fraud victims who voluntarily transfer their property to their wrongdoers do not retain a legal interest in their property; instead, such victims acquire a debt against their wrongdoers,” Collyer said.

She added that the would-be intervenors lacked Constitutional standing in the case, but noted they might have a remedy other than the pro se approach they employed.

“[I]t should be noted that to the extent movants were the victims of fraud, they are not without remedy,” Collyer said. “Under the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”), 18 U.S.C. 981 et seq., the Government may use the forfeiture laws to recover property for the benefit of crime victims.”

Without taking the government’s side, Collyer pointed out that the government is pursuing a prosecution of the forfeiture complaint on behalf of people it believes are victims of fraud.

“[T]he Attorney General has the authority under 18 U.S.C. § 981(e)(6) to restore forfeited property ‘to any victim of the offense giving rise to the forfeiture,'” she said.  “As the Government notes in its brief (emphasis added):

‘If persons with civil causes of action against wrongdoers had the right to litigate their claims in forfeiture proceedings, forfeiture cases would become forums for general civil litigation of all manner of claims involving wrongdoers. Forfeiture would cease to be an effective tool of federal law enforcement; federal prosecutors would, in every case, have to weigh the benefits of pursuing assets and seeking their forfeiture against the prospect of being dragged into potentially unlimited civil litigation over torts, contracts, and other theories of liability beyond the ken of federal law enforcement.'”

Collyer’s ruling did not pertain to pro se pleadings by ASD President Andy Bowdoin. But she cited Bowdoin’s pro se pleadings today, recounting some of the history of the case, including a decision Bowdoin had made in January to submit to the forfeiture while he was receiving advice from paid counsel.

Collyer explained that the “Court mentions these other activities only because they bear on the Government’s ability to ‘compensate the frauds’ victims’ as it intends.”

The judge suggested that pro se pleadings sometime make leaps of logic and that the mere filing of a document does not mean the filer has made a compelling argument for the relief he seeks — in Bowdoin’s case, reversing his earlier decision to submit to the forfeiture.

Bowdoin, proceeding pro se, Collyer said, filed a “Notice of Rescission and Withdrawal of Release of Claims to Seized Property and Consent to Forfeiture.”

The judge noted that the filing listed “a series of alleged examples of ‘fraud, trickery and deceit'” on the government’s part, and that the document concluded that “this rescission is now legally accomplished as a matter of law.”

“Of course, it is not that simple to overcome a Court Order, but that issue is for another day,” Collyer said.

Read the judge’s ruling.

Read the judge’s order.

See this for some history of Curtis Richmond litigation. Richmond is associated with a Utah Indian tribe a federal judge ruled a “complete sham” last year. The tribe sometimes is called the “Arby’s Indians” because it once held a meeting in an Arby’s restaurant in Provo.

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19 Responses to “BREAKING NEWS: Federal Judge Says Curtis Richmond, Six Other Parties Who Used Pro Se Litigation Blueprint, Cannot Intervene In AdSurfDaily Forfeiture Case”

  1. ~Somewhere Curtis Richmond is rubbing his hands together in glee, throwing back his head, his chest convulsing in maniacal laughter. “I love it when a plan comes together” he says, pounding the table with his fist to punctuate his evil brilliance an affect somewhat offset by the splatter from the packet of Arby’s sauce he inadvertently crushed.~

    Don’t you see? He never had more than a pittance in ASD but as a result of the judge’s ruling he now has 30 million dollars from an Entry of Default Affidavit (signed in blue ink) against the judge, the prosecutor, the court clerk and anyone else who was a major interference with interstate commerce. Hey, once he gets paid, the roast beef’s on him.

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  2. While the outcome was not surprising, what was surprising is why it took so long to issue this ruling. Now the question is how long before she disallows Andy’s Pro Se filing. Hopefully by this ruling today, Andy’s ruling will be forthcoming real soon, and the real fun can begin.

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  3. This is off topic, slightly, but with the amount of money these “legitimate” businesses (ASD, AVGA, etc) can generate ($100, $200, $300 million or more), I am surprised one of them has not applied with the federal government to start a Federally Chartered Bank. Then they could really become legitimate.

    Maybe I shouldn’t give them any ideas.

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  4. Well, maybe now, once and for all, the people who believe that the government stole “their” money as part of the ASD seizure will realize that the assets belonged to ANDY BOWDOIN and his gang, not to them. The judge could not be more clear. She also is quite clear in stating that the people who tried to intervene, and EVERY OTHER ASD VICTIM, is now someone to whom Andy Bowdoin has a formal debt outstanding. Hopefully some will wake up and do what they should have done long ago — sue Andy (and their uplines) in civil court for damages. Finally, she made it clear to the victims that Andy’s filing shenanigans have delayed the restitution process. She made a special point of mentioning that, even though there really was no need in the overall ruling.

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  5. Thank you, Judge Rosemary Collyer. Who was the idiot who didn’t want to give women the vote, etc.?

    The very best thing that happened to the victims of ASD is that they got an intelligent Judge on the case. (By victims, I don’t mean those greedy or totally blind people who went on to try and “recuperate their losses” with yet another dodgy business, like AVGA.)

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  6. Hi Martin,

    Martin: am surprised one of them has not applied with the federal government to start a Federally Chartered Bank.

    For the sake of discussion, let’s say a surf could fool a host of regulators and persuade them capitalization requirements for opening a bank had been met.

    The next hurdle would be establishing a credible board. The surf operators couldn’t seat insiders and people formerly closest to the money, because too many of them have criminal records. They’d have to seat a shadow board, perhaps offering bribes to get anybody to take the job.

    Of course, some of the insiders also would have to give up their underground credit-repair enterprises, because one can’t exactly teach people how to repair credit or offer the service for a fee when one is in the banking business oneself. A good student could cause the upstart bank to fail.

    And, of course, some of the insiders would have to give up their wire-fraud businesses in which they help the surf (and other surfs) gather money, because a good fraudster who paid attention to the teachings could pollute the bank’s deposits.

    Finally, some of them would have to give up the churches and nonprofits they started for tax purposes. Someone could get the wrong idea if the head of the church had a seat on the bank board or owned a big chunk of stock.

    So, there are challenges other than meeting capital requirements, but they always could try to start an offshore payment processor, gorging themselves on fees both ways — but only until North America and Europe kicked them out of the banking infrastructure.

    Oh, the miracles of vertical surf integration.

    Patrick

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  7. LOL. Very funny. I like it.

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  8. Anybody want to take a guess how long it will be before CORRECTION demands a retraction of the headline and content of the article as not being fair to Curtis Richmond, Andy and ASD?

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  9. Funny you should mention it, Patrick, but STP, one of my favorite payment processors, is itself and outgrowth from a ponzi scheme, solidtrust.info a surf that promised (from their now dormant site)
    Join our group of Committed Online Entrepreneurs
    in a Community of Solid Trust

    Benefits

    1. stable and secure autosurfing (info below)
    1% daily; upgrades never expire; payments bi-monthly

    2. executive auctions and classified ads area
    list hard goods, e-goods and merchandise for free

    3. controlled EGold Randomizer
    equal opportunity; controlled member positions!

    4. SolidTrust Clix
    extra $$ at our fast moving ‘earn per clix’ site

    5. FREE resources & marketing tools
    templates, e-books, autoresponders, organizers, and MORE!

    6. professional member services area

    pixels, games, personals, discount travel, and MORE!

    Free Members

    * FREE $5 joining bonus!
    * no Ad Purchase required

    * SolidTrust Benefits area
    * BONUS cash prizes

    * fast customer response
    * 20 second timer; add 1 site

    * .5:1 surf ratio
    * Crazy Bonus Days up to 15%!

    NOTE: free members may not cashout

    Upgraded Advertisers

    * 100 free credits upon activation; 1000 monthly
    * earn 1% daily; non-expiring
    * Crazy Bonus Days – earn up to 15%!

    * Ad Packages cost $5; automatic payouts from $25
    * BONUS cash, credits & repurchase rewards!
    * FREE $5 joining bonus!

    *full access to SolidTrust Benefits area
    * fast customer response & payouts

    * 20 second surf timer; surf 20 sites – advertise 5 sites
    * 2:1 surf ratio

    ALL Members MUST read & agree to our unique terms before joining!

    hmm, and why do I seem to remember … (from one of the updates when the surf had some problems)

    Here is some current SolidTrust.info news November 5th 2006.

    This is to keep everybody up to date on what is happening in SolidTrust.info.

    SolidTrust.info has now gone private to insure that payouts will continue for all members. The “old SolidTrust.info” is being phased out. The “old money” is still earning however. Nobody will lose out or lose their money as has happened in so many other programs. Everyone with money in the old program will earn all of it back plus be in a profit position. Guarenteed.

    The “new SolidTrust.info” is being phased in! All new money is pooled together and invested in the stock markets as a group. All earnings each month are divided up!

    We at SolidTrust have invested into some very sophisticated stock market prediction software and the returns have been great so far and getting better! The potential is enormous. The best thing about this is that money is invested in the REAL world and not into investment companies that disappear overnight or get “hacked” to death. While so many other programs have an indefinite lifespan SolidTrust.info is not going away.

    In fact…on the anniversary of a member putting a sum of money into the program, they may if they wish, take the principal out again! (less admin fees) This is just the opposite of most surf sites!

    Members need to surf one day ONLY… the first day of every month. At that time members will request a cashout and receive the amount of money which was earned on the markets the previous month. The market earnings will be distributed equally and proportionately among all members according to their account level.

    Though memberships are currently closed, one may request to be placed on a waiting list by writing to: support@solidtrust.info Many people who have a made such a request have been able to become members already. New members are welcome as space permits.

    Additionally, SolidTrust.info has a great page to create savings for you on travel and lodging! See: http://www.travel.solidtrust.info

    Marc for SolidTrustGroup
    http://www.solidtrust.info
    http://www.solidtrustpay.com

    Oh, but of course, they did have their supporters, giving an explanation that sounds strangely familiar… (this from a forum about the surf)

    Is this a ponzi scheme?
    NO…the SolidTrust Community consists of multiple revenue generating sites, and members agree to purchasing advertising packages, not investments. SolidTrust Group is a registered company listed as an online advertising agency/traffic exchange with a paid membership base. Any and all earnings received from the viewing of other members’ ads is a bonus provided at the discretion of the program, and in no way guaranteed. In addition, we offer a 5 day refund policy. Members’ earnings are not solely dependant upon new upgrades from new members.

    I found this in the FAQ section, sorry for taking so long to answer this. I have been out of action for a couple of months..

    Marc and Stella left the investors out to lunch, folded it into a “new” program and, well, we’ve all seen the same movie a few times. What I want to know is how any regulatory agency outside Malaysia, North Korea or Nigeria would give these fine upstanding legitimate businesspeople a license to handle money transactions?

    admin: Hi Martin,

    Martin: am surprised one of them has not applied with the federal government to start a Federally Chartered Bank.

    For the sake of discussion, let’s say a surf could fool a host of regulators and persuade them capitalization requirements for opening a bank had been met.The next hurdle would be establishing a credible board. The surf operators couldn’t seat insiders and people formerly closest to the money, because too many of them have criminal records. They’d have to seat a shadow board, perhaps offering bribes to get anybody to take the job.Of course, some of the insiders also would have to give up their underground credit-repair enterprises, because one can’t exactly teach people how to repair credit or offer the service for a fee when one is in the banking business oneself. A good student could cause the upstart bank to fail.And, of course, some of the insiders would have to give up their wire-fraud businesses in which they help the surf (and other surfs) gather money, because a good fraudster who paid attention to the teachings could pollute the bank’s deposits.Finally, some of them would have to give up the churches and nonprofits they started for tax purposes. Someone could get the wrong idea if the head of the church had a seat on the bank board or owned a big chunk of stock.So, there are challenges other than meeting capital requirements, but they always could try to start an offshore payment processor, gorging themselves on fees both ways — but only until North America and Europe kicked them out of the banking infrastructure.Oh, the miracles of vertical surf integration.Patrick

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  10. Stella? Stella? Where are you Stella? Time for another hilarious “rebuttal”…. maybe joe can find her….or get Donna back.

    Thanks Gregg!

    Gregg Evans: Marc and Stella left the investors out to lunch, folded it into a “new” program and, well, we’ve all seen the same movie a few times. What I want to know is how any regulatory agency outside Malaysia, North Korea or Nigeria would give these fine upstanding legitimate businesspeople a license to handle money transactions? …..

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  11. Hi Entertained,

    Entertained: Well, maybe now, once and for all, the people who believe that the government stole “their” money as part of the ASD seizure will realize that the assets belonged to ANDY BOWDOIN and his gang, not to them. The judge could not be more clear. She also is quite clear in stating that the people who tried to intervene, and EVERY OTHER ASD VICTIM, is now someone to whom Andy Bowdoin has a formal debt outstanding.

    I agree with your take on this. I’d add that the ruling is remarkably economical and even-handed, considering the pro se litigants’ “Kangaroo Court” claims, threats to sue the judge, the clerk, the prosecutors and even to bring criminal charges.

    “Gracious” is a word that occurs to me.

    Patrick

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  12. Had the Judge decided this another way, I would have been convinced that I lived in Bizzaro World.

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  13. We are fortunate to have a Judge on this case who has a large amount of common sense, as well as the ability to make clear judgements.

    From the ease of reading, it would appear that she is very much aware that her judgement will be read by many non legally trained ASD members and the general public and has summarised many of her explanations to make sure that she has been understood.

    Interesting to read her “suggestion” that members can sue Andy Bowdoin, the owner of the assets seized. Whatever you may think of the RICO suit, they have done exactly that. Pity Larry Friedman didnt recommend this a a course of action – oh no, I’d forgotten, he said ASD’s business model was legal.

    Looks like the writing is on the wall for Mr. Bowdoin & Co.

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  14. When she says “one or both of the auto-surf frauds” is she talking about ASD and AVG? Anyone else notice that?

    Hmm, if a federal judge calls it a fraud I’d be watching out!

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  15. Hi Sicilian,

    Sicilian: is she talking about ASD and AVG?

    I think Judge Collyer was talking about GP, and perhaps LaFuenteDinero.

    Patrick

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  16. hi im john..so does anyone in the fourm know
    when golden panda members are getting refunds back!
    i had $5000 grand in their and still waiting

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  17. Hi John,

    john: so does anyone in the fourm know
    when golden panda members are getting refunds back!
    i had $5000 grand in their and still waiting

    This is still up in the air because the case is not litigated to conclusion. One of the reasons for the delay, according to the prosecution, is the pro se pleadings in the case from Andy Bowdoin and others.

    Patrick

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