BREAKING NEWS: Bowdoin Tries To Have Judge Collyer Disqualified; Collyer Says She Will Not Step Down From Ponzi Forfeiture Case

andybowdoinart12AdSurfDaily President Andy Bowdoin has filed a motion to disqualify U.S. District Judge Rosemary Collyer from hearing the civil-forfeiture case against tens of millions of dollars seized from ASD last year.

Collyer reponded by issuing an order in which she refused to disqualify herself. Collyer said Bowdoin no longer had standing in the case.

“If Mr. Bowdoin is displeased with a ruling of the Court, he has a right to appeal,” Collyer said. “If Mr. Bowdoin wishes to file a complaint against the Court for perceived judicial misconduct, he may address such complaint to Mark J. Langer, Clerk of Court, U.S. Court of Appeals for the District of Columbia Circuit.”

Bowdoin’s motion was filed Dec. 17 — the same date ASD members said they received what purported to be an emailed Christmas greeting from ASD and Bowdoin. The email suggested Bowdoin planned to continue his legal fight and that 2010 would be the year ASD would prove it was not a Ponzi scheme after having failed to do so either in 2008 or 2009.

In September, prosecutors said Bowdoin was “delusional.”

In an affidavit in support of the disqualification motion, Bowdoin claimed Collyer had a “deep seated animosity” toward him and that the judge “has a personal bias and predudice” against him.

Among Bowdoin’s assertions in the sworn affidavit was that an order Collyer issued last month proved she was biased against him.

“The Honorable Judge Collyer evidenced personal bias and prejudgment, stating that if I were found eventually guilty of the criminal charges now being investigated by a grand jury, but upon which no indictment has yet been issued, Bowdoin ‘will face a term of incarceration for sure,” Bowdoin said.

Charles A. Murray, a Bowdoin attorney, filed the disqualification motion.

“Judge Collyer has, prior to trial on the merits on potential criminal charges, already foreclosed the possibility of parole, or probation, evidencing precisely . . .  ‘a deep-seated favoritism or antagonism’ which renders ‘fair judgment impossible,'” Murray argued.

Collyer, though, said she was not stepping down.

Noting that Bowdoin formally withdrew his claims to the seized funds in January 2009 and then attempted to reassert the claims a month later, Collyer said she ruled in November 2009 that she was not going to reverse herself and permit Bowdoin to reaasert his claims.

“[O]n November 10, 2009, finding that he knowingly and voluntarily released his claims with respect to Defendant properties, the Court denied his motion to renew those claims,” Collyer said. “Thus, Mr. Bowdoin is no longer a party to this action. The Court therefore will deny Mr. Bowdoin’s motion for disqualification due to lack of standing.”

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12 Responses to “BREAKING NEWS: Bowdoin Tries To Have Judge Collyer Disqualified; Collyer Says She Will Not Step Down From Ponzi Forfeiture Case”

  1. GOOD GRIEF!

    It looks as if Bowdoin has really lost the plot this time. Sounds like a case of “nobody loves me, everybody hates me, I think I’ll go and eat worms”
    or “my teacher has it in for me”.

    I see that Judge Collyer didnt waste much time nor ink in squashing this particular fly.

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  2. alasycia: It looks as if Bowdoin has really lost the plot this time.

    No, I don’t think so. The email he sent out and this motion are playing exactly to the audience he needs – the ponzi players and supporters. He knows that the “true” victims have now gone, the well is dry. So he has only one source of income now – the true ponzi players. They are the ones who will believe the evil government nonsense, the Arby Indians “sovereign” legal plays, and the blood-drinking aliens taking over the world.

    Andy knows his audience, he is playing to them so that they will continue to play the ponzis. He wants the “industry” to continue. Maybe he is lining up the punters for his next scam, maybe some of the major promoters are “encouraging” him so that their income streams are not lost. I don’t know why exactly, but he hasn’t lost the plot.

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  3. Don has posted an email on the asd-biz site that says

    If any of you DO have the video footage (or audio recording) then transfer it to DVD and and contact Catherine Parker at lifewithzerolimits@gmail.com

    A quick search on the email address shows that Catherine Parker is not a legal person, but a ponzi/MLM player. She was/is involved with “World Asset Growth”:

    We pay 75% of our revenue total back to members: 65% as rebate sharing and 10% as ref commission, making a total of 75% revenue share. WAG will keep 15% for our labor with security and 10% for cost of maintaining the site, We just like you have to pay bills.

    Sounds just like any other ponzi.

    She was/is involved with “2x2Magic” and “WORLD LIGHT FUNDING”, and was a promoter of ASD from at least Feb 2008.

    Like I said, Andy is playing to the ponzi promoters & players.

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  4. Wasn’t Judge Collyer simply quoting what Andy said HE was told by his criminal attorney, Steve Dobson? I’d like to see Andy locked up for good, but I bet Judge Collyer doesn’t even have an opinion. She’s basing her decisions on the law and can live with whatever the final outcome turns out to be. He’s an arch piker compared to Madoff, for example. They got everything Andy has, plus $93 million. He’s small potatoes to Collyer, but he’s playing to his base.

    What surprises me is Murray’s continued handling of Andy’s insane motions. Unless he sends ex parte notes to Collyer saying he is following his client’s demands against his better judgement, it seems like he may be hurting himself professionally, at least in the federal courts.

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  5. http://patrickpretty.com/wp-content/uploads/2009/11/NoRescissionRulingBowdoin.pdf

    This link, page 7: I was wrong above; it wasn’t a quote. Collyer says if a jury convicts Andy as charged he will face a jail sentence for sure, under federal sentencing guidelines. She goes on to say that Dobson’s advice was that he avoid a jury trial altogether by cooperating with the government, in return for the AUSA’s telling the judge Andy had assisted the DOJ in their investigations against other ASD insiders. The better Andy’s information was, the less time he would do — especially if more money was recovered.

    She said he “faced a term of imprisonment” because of sentencing guidelines. Stating a fact can’t possibly be unethical or show prejudice in any way. To file the motion they did, Murray and Bowdoin must both be on the verge of insanity!

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  6. As shocking as it may well be, in a post on Surf’s Up, Roger has called Judge Collyer a “criminal”, again. Nothing like people who repeat what they read and do no research into things. Andy is the criminal, but the “faithful” like to do projecting onto others so their hero stays pure… problem is, he is no hero…

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  7. And to think that Judge Collyer was, at one time, “totally on their side,” was clearly on the side of ASD and not the prosecutor in the truncated evidentary hearing (truncated because Andy said he couldn’t appear without incriminating himself, after demanding the hearing, and she was going to be led by God to see Andy for the saint he is. My, my — things do change, don’t they?!

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  8. Tony,

    You may disagree with my theory that Andy Bowdoin has lost the plot, but Charles Murray? I agree with Marci. The man has already questioned the professional capacity of both a well know law firm (Akermans) and a well known criminal lawyer (Dobson) in writing in court documents.

    Unless there are ex parte notes in existance, it looks as if Murray is bent on committing professional suicide. He must be really popular with the Florida Bar. He must be receiving some very good fees as well. lol

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