Judge Denies Dismissal Motions By Bank, ASD Attorney Robert Garner, In Case That Alleged ‘Indictable’ Racketeering Offenses Had Occurred In Autosurfing Enterprise

A federal judge has denied motions by Bank of America and AdSurfDaily attorney Robert Garner to dismiss a lawsuit in which ASD members alleged Garner and ASD President Andy Bowdoin had engaged in racketeering.

Bank of America was not named a RICO defendant. Rather, the bank was accused of aiding and abetting ASD in a fraudulent scheme in which racketeers and unnamed co-conspirators committed indictable offenses and fleeced thousands of people out of tens of millions of dollars.

Bank of America has denied wrongdoing. Garner has argued that U.S. District Judge Rosemary Collyer has no jurisdiction to hear the case. Bowdoin has not responded to the complaint, which was filed in January and amended in April.

The RICO case was put on indefinite hold in July, because of ongoing litigation involving Bowdoin and the government. The motions to dismiss were filed prior to Collyer’s July 24 granting of a stay requested by Bank of America. Collyer denied the dismissal motions Sept. 18, although they could be refiled and argued later when the stay is lifted.

RICO attorneys representing three ASD members in a prospective class-action lawsuit said ASD was a racketeering enterprise engaged in wire fraud and money-laundering. In June, the plaintiffs referenced AdViewGlobal (AVG) in court filings as an extension of ASD, although AVG has not been named a defendant.

In other news, no recorded statement from Bowdoin was released to ASD members yesterday. Emails in recent days have suggested Bowdoin planned to address the membership. The first claim said Bowdoin would speak during a conference call.

It later was said that Bowdoin had chosen instead to issue a recorded statement, rather than to address members in a conference call. Members expected to be directed to the recording yesterday, but no links were distributed.

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5 Responses to “Judge Denies Dismissal Motions By Bank, ASD Attorney Robert Garner, In Case That Alleged ‘Indictable’ Racketeering Offenses Had Occurred In Autosurfing Enterprise”

  1. Quick note:

    Five more pro se motions to intervene have just been docketed in the civil forfeiture case, bringing the unofficial total since Aug. 24 to 51.

    Judge Collyer previously has denied 41 of the motions.

    The unofficial total of all pro se pleadings filed since February now stands at 67, with 56 denials and 11 motions pending for ruling.


  2. I have an idea!

    Levy fines on these improper filers – perhaps $5,000 per filing – and we will soon retire the national debt!


  3. Who is this “Levy” you mention? And why does he fine people?

  4. What: Levy; impose fees
    Why: For stupidity

    Levy defined: To impose or collect (a tax, tribute, fine, etc.)

    Stupidity defined: Extreme folly, witlessness, senselessness, idiocy, imbecility, lunacy, nonsensicality, nonsense, indiscretion, ludicrousness, absurdity, asininity, silliness, simplicity, ineptitude, madness, infatuation, giddiness, rashness, frivolity, irrationality, damn-foolishness; see also carelessness.

    Source: Dictionary.com

    If there were fees (i.e. taxes) associated with stupid behavior, we’d probably be able to eliminate all other taxes in the U.S., especially in areas where autosurf promoters thrive!

    Ignorance can be corrected; stupidity lasts forever…


  5. Now Pat……..Play Nice!