BREAKING NEWS: Bowdoin Tries To Have Judge Collyer Disqualified; Collyer Says She Will Not Step Down From Ponzi Forfeiture Case
AdSurfDaily 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 . . .Â ‘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. Bowdoinâ€™s motion for disqualification due to lack of standing.”