DISTURBING: Email Received By Some ASD Members Suggests They Could Be Sued For Participating In Refund Program; Records Suggest ‘Legal Opinion’ Was Offered By Man Named In Complaints For ‘Unauthorized Practice Of Law’ And Linked To ‘Extremist Group’ By Anti-Defamation League

In a bizarre and unsettling development, some members of AdSurfDaily who may be planning to file for restitution through the official claims administrator have received a confusing and threatening email from a “group” of ASD members.

The email, which appears to be a compendium that cobbles together communications from the group and asks ASD members to pass along the information, implies that ASD members who file for restitution through the government-approved process may face legal action from the group, which has or will file claims against the “illicit UNITED STATED (sic) OF AMERICA INC. et al” for its prosecution of the ASD Ponzi scheme case brought by the U.S. Secret Service in August 2008.

The lawsuit threat appears to be targeted at ASD members who are planning to file a restitution claim through Rust Consulting Inc. of Minneapolis. Rust Consulting is under contract with the government to administer the restitution program through a process known as remission in which ASD members must certify they are crime victims.

Pasted into the email is a purported “legal opinion” by a person described as “Keny” of “AMERICAN-International Business Law inc. (sic).”

“Keny” does not appear to be the source of the lawsuit threat. Rather, the email quotes a purported “legal opinion” by “Keny” — and then implies members who file through Rust Consulting may be sued by members of the group. The email asks members not to file for a refund through the official process.

“Please send me your response(s) and I will manage the feedback timely,” says an email signed “MYHUB.” “Again, we are asking that our Claimants do not engage in the DOJ’s Remission Process, as long you want to maintain being part of our Group Claims whatsoever. If you are indeed wanting to eat on the other side of the fence, you must let us know before you submit anything to the DOJ, without causing us potential harm and further damages. In case you were to fail to notify us, we would have a possible claim against you, and that’s not what you want us to do in the first place.

“We very much appreciate your understanding in this rather sensitive time of legal dealings,” the email continues. “No worries, we are just getting started to fight for and along with you. If you feel that this email could help some of your friends in ASD that are not part of our Group Claims, we are allowing you to share and forward this email as long it doesn’t end up in Blogs et al., but then again, people need to be informed since they can’t read and or understand the legal language or the meaning of words any longer.”

Google search results include multiple references to “AMERICAN-INTERNATIONAL BUSINESS LAW INC” and a person referenced as “Keny.”

One of the references appears on a website operated by Cornell University Law School under a heading of “Legal Services & Lawyers.” The Cornell reference identifies a person named Kenneth Wayne Leaming of AMERICAN-INTERNATIONAL BUSINESS LAW INC. of Spanaway, Wash. The Cornell site notes that correspondence should be sent to the attention of “Keny” and that Kenneth Wayne Leaming practices “Admiralty/Maritime, Business Law, Estate Planning and Native American Law.”

Records at the Practice of Law Board at the Washington State Bar Association (WSBA) say that Kenneth Wayne Leaming, also known as Kenneth Wayne, was accused of the unauthorized practice of law by clients in 2005.

One client accused Leaming of “actively market[ing] legal services via seminars and the internet” and of providing “legal advice” and preparing “pleadings for many clients,” according to WSBA.

Another client accused Leaming of contracting with him “to assist him in avoiding an IRS lien on his home” and failing to provide the services.

On Dec. 20, 2005, WSBA said in a letter to Leaming that his “conduct constitutes the unauthorized practice of law.” The final disposition of the matter was not immediately clear. Also unclear is whether Leaming ever was a licensed attorney or authorized to practice law in any state.

Separately, the Anti-Defamation League (ADL) lists Leaming as a member of an “extremist group” known as “Little Shell Pembina Band of North America.”

Leaming, according to ADL, is a “self-described ‘recognized international lawyer’ who once served as a deputy sheriff and member of the Civil Rights Task Force, a “sovereign citizen group that has used badges and raid jackets to resemble law enforcement officers.”

“His CRTF partner, David Carroll Stephenson, was ordered by a federal court in March 2004 to stop promoting an alleged tax scam that allowed people to avoid an estimated $43 million in federal income taxes,” according to ADL.

The identity of “MYHUB” was unclear in the email received by ASD members. Portions of the email were pieced together by a sender known as “Sara.” A person named Sara Mattoon once served as ASD’s official spokeswoman and is referenced in a court filing by the Secret Service in 2009.

In the email, “Sara” referenced remarks attributed to “Keny” as a “legal opinion about why it may be unwise for you to fill out the [Rust Consulting] form, aside from it working against ASD.”

The “Sara” email then reproduces the “MYHUB” email and the purported “legal opinion” by “Keny.”

The purported legal opinion describes the Rust Consulting website, which is listed in court documents as the official site for ASD victims, as “almost exclusively a propaganda site to get the viewer to ‘believe’ the gov’t LIE that advertising via network marketing on the internet is somehow bad business and fraudulent, and solicit false testimony from the viewer based on the false information!”

In yet-another email received by ASD members, a fellow member referenced as “Robert” also referred to the claims program administered by Rust Consulting. The email from “Robert” includes an unattributed opinion, meaning the identity of the person who offered the opinion is unclear.

“If members feel it absolutely necessary to complete the remission form now instead of waiting a little longer for the legal process to be completed then they may want to write on a separate piece of paper and have it notarized saying that they were not an investor,” according to the opinion contained within the email from “Robert.”

Members also should swear that “they purchased advertising for their website and that they were happy with their purchase,” according to the unattributed opinion circulated by “Robert.”

“The govt is trying to trick people into saying it was an investment,” the opinion claimed.

Separately, an apparent ASD member known as MMG7 who posts on the MoneyMakerGroup Ponzi forum left a scathing missive yesterday in an ASD thread at the forum.

“The same people who abused their power, under the color of law, back in August of 2008 and basically *shut down* the company without due process are up to yet additional tactics to *CREATE VICTIMS* out of thin air,” the post read in part.

“The general consensus is that once they can *create victims* they can then turn around and use it against ASD or even YOU.

“It is VERY HEALTHY to question their motives. Remember, these are the same people that ruined the lives of 100,000+ people in the blink of an eye without so much as having to provide an explanation for their actions.

“Could it be they thought ASD would roll over and play dead so they could put a feather in their cap and claim victory? Not to mention being able to keep a hefty sum of members monetary property.”

The MoneyMakerGroup forum is referenced in a May filing by the U.S. Postal Inspection Service as a place from which Ponzi schemes are promoted. The filing accused an entity known as Pathway To Prosperity of conducting an international Ponzi scheme that defrauded more than 40,000 investors across the globe.

MMG7 did not explain in his post how he arrived at the conclusion that ASD was denied due process in a court case that has featured more than 175 filings and a hearing called at ASD’s request to free seized money.

ASD’s request was denied in November 2008 because it did not demonstrate at the hearing it requested to prove its legitimacy that it was operating lawfully and was not a Ponzi scheme, according to court records.

ASD President Andy Bowdoin later met with federal prosecutors over a period of at least four days. Bowdoin, according to court filings, signed a proffer letter and acknowledged the government’s material allegations in the case were all true.

Although Bowdoin initially contested the forfeiture of tens of millions of dollars seized in the case, he submitted to it in January 2009. By the end of February 2009, however, Bowdoin reentered the case, acting as his own attorney and seeking to reassert his claims to the money. Months of legal wrangling followed, and Bowdoin was forced to hire new attorneys. A federal judge ruled last fall that Bowdoin would not be permitted to reenter the case, and an order of forfeiture was signed in January 2010.

Nor did MMG7 explain how he had arrived at his conclusion that the government “ruined the lives of 100,000+ people in the blink of an eye without so much as having to provide an explanation for their actions.”

Court records plainly show that that the government explained in considerable detail to at least two federal judges why it sought the authority to seize tens of millions of dollars contained in the personal bank accounts of Bowdoin, who was accused of swindling investors in an Alabama securities caper in the 1990s. Moroever, the government has said all along that it intended to establish a restitution pool from the assets seized in the case.

The implementation of both the pool and the restitution/remission process were delayed by appeals filed by Bowdoin.

Bowdoin was sentenced to prison in the Alabama case, but avoided jail time by agreeing to make restitution, according to records.

Clarence Busby, his business partner in the AdSurfDaily/Golden Panda Ad Builder venture, also swindled investors in a separate securities scheme in the 1990s, according to the SEC.

At the same time, MMG7 did not explain how he arrived at his conclusion that the government “shut down” ASD. Records show that ASD was permitted to continue to display advertising after the seizure, but that Bowdoin chose not to do so.

Prosecutors say that, despite ASD’s claims to a federal judge that it had no money to operate, the company had $1 million in an account under a “different name” on the island nation of Antigua.

Records show that Bowdoin did not reveal the existence of the Antigua money to members until after ASD had asked the court for emergency cash to pay its rent and webhosting bill.

U.S. District Judge Rosemary Collyer, whom Bowdoin and another member later tried to have removed from hearing the case, refused to release funds to ASD.

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34 Responses to “DISTURBING: Email Received By Some ASD Members Suggests They Could Be Sued For Participating In Refund Program; Records Suggest ‘Legal Opinion’ Was Offered By Man Named In Complaints For ‘Unauthorized Practice Of Law’ And Linked To ‘Extremist Group’ By Anti-Defamation League”

  1. I sent mine in already. :-)

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  2. Ha. The scumbags are getting nervous that they won’t get as much of the restitution pie as they want.
    Why hasn’t this ‘attorney’ started his claim already?
    What’s stopping him other than the fact that it’s bullshit and never going to happen in the first place?

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  3. These Promoters’ messages are shameful and show that their senders couldnt give a care for the losses of their members. The officvial Remission Site is the ONLY way that anyone had hope to retrieve even a part of their losses in ASD. The insistance that noone invested is “shutting the gate after the horse has bolted”. It has already been establkished in court that the advertising at 1$ had no real value and that ASD was promoted as a money making venture, i.e. an investment.

    The pity is that these are surely the first of many that will be sent out by guilty promoters at risk of prosecution and clawbacks, in order to protect themselves and not thier members.

    The other side of the coin is that they are digging their own graves as far as accusations of obstruction of justice are concerned.

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  4. Hmm, something about this makes me think of someone..it’s right on the tip of my tongue…

    Anyone got a reliable fix on where (convicted felon) Bob Guenther is hanging out?

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  5. If my understanding of the facts are correct, the DOJ has seized, per Rust Consulting’s Website, $79 million in ASD and related funds. Rust Consulting has been contracted to distribute those funds to victims of ASD, provided those victims fill out the required forms by the filing deadline and those claims are validated.

    If Rust’s fee comes out of the victim’s pool, the formula is simple. $79 million seized – Rust Fees = victim’s pool. The victim’s will be refunded a prorated share of the final pool amount.

    The email seems to be trying to confuse the remission process with a class action lawsuit. In a class action, a company may have been found by a court to have over charged customers. In such a case, the “victims” may choose to be part of the class and received a portion of the class settlement or opt out of the class and pursue a legal remedy on their own and at their own expense. Any party who opts out of the class has no connection with the class. Any lawsuit not part of the class is entirely a separate legal matter even though the alleged infraction may be one and the same, i.e. over charging the customers.

    If my understanding is correct, remission and class action are two entirely different processes and have no connection with each other even though the result is similar. A pool of money is set aside for victims/claimants and funds are distributed in a pro rated fashion.

    Obviously, qualified legal advice is needed to understand the differences between the two processes.

    I can understand why some people would want to spread misinformation so they get a bigger share of the pool. I can’t see risking obstruction of justice charges and opening oneself up to lawsuits by people who may act on this misinformation.

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  6. It’s interesting that Mr. Doublewide is still posting while Mr. High-Priced-Lawyer and Mr. Know-it-all have gone silent.

    Hmm, something about this makes me think of someone..it’s right on the tip of my tongue…Anyone got a reliable fix on where (convicted felon) Bob Guenther is hanging out?  

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  7. Funny that you should mention my friend (at least on the forum) Bob Guenther. I, too, have wondered about his conspicuous silence if late. I recently spoke to Jack Arons and he has made several attempts to contact our mutually close friend, by email and cell phone, without so much as a “fare thee well: I cannot imagine a day in which Bob wouldn’t take an opportunity to contact his former litigant for a nice friendly chat. He has also not contacted me, I cannot state how sad that makes me. Well I could, but no one would believe me.

    I wonder where Bob might be??? (puzzled dog look added)

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  8. He’s likely discovered what many people already know….that most criminals prove the case against them by their own statements. How many times have you seen a long list of charges dropped because the accused just clammed up and let their lawyer handle the matter. Unfortunately for him, Bob decided to chronicle his “adventures” on the web.

    I wonder where Bob might be??? (puzzled dog look added) Don(Quote)

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  9. My only concern has been those who were easily led into ASD that had no clue what they were joining or what they were doing, will also fall prey to this disinformation because they don’t know any better. I’m not sure that these people even know there are forums where they can get the information to keep them from falling victim to these idiots that are only trying to protect their own assets. I think the only thing that will stop them is the criminal charges being filed against Andy and these idiots. That just might make the clueless not fall for this pathetic attempt to keep people from recovering some of the money they lost in ASD.

    What is amazing to me is they just don’t get that they put themselves in a deeper hole criminally than before by this stunt. But when you have false attorney’s, sham Indian Tribe participants claiming standing, fake nonprofits and trusts claiming to obtain standing, I guess this was to be expected. These people take the cake for lunacy, but MPBToday out did them in advertising; and that was what ASD claimed to be all about. Ironic isn’t it.

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  10. I am truly surprised that our “Good Ole Boy” Bobby is no where to be found or his side kick who calls himself a lawyer but is just another one of the low life’s who suckered people into another scam just so they could get back the money they lost in ASD. It will come back to bite them in the backside.

    Now what is even more surprising is that Ole Andy is not behind bars. If it was anyone else (those without money) the Government would have them behind bars in a flash. But, this three time felon is still out and about enjoying the good life.

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  11. I thought the last time we heard from the blowhard, he was getting ready to prove his alleged innocence in Arizona.

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  12. Pasted into the email is a purported “legal opinion” by a person described as “Keny” of “AMERICAN-International Business Law inc. (sic).”

    “Keny” is probably “Kenneth Wayne Leaming”:
    http://lawyers.law.cornell.edu/lawyer/kenneth-wayne-leaming-1487586

    He may be the same person here
    http://www.wsba.org/lawyers/groups/practiceoflaw/leamingredacted.pdf
    In 2005 a “Kenneth Wayne Leaming” his conduct was found to be unauthorized practice of law.

    There’s something here on PACER:
    http://dockets.justia.com/docket/washington/wawdce/3:2007cv05101/141848/

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  13. .
    Now what is even more surprising is that Ole Andy is not behind bars. If it was anyone else (those without money) the Government would have them behind bars in a flash. But, this three time felon is still out and about enjoying the good life.  

    How did all that money work out for Madoff? Did it keep him out of jail? Nice try Mr. Class Envy. Pathetic liberal attempt to obfuscate the issue. Try again, you amuse me with your conspiracy theories.

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  14. OMG Bobbie’s back, or at least a cousin of his who can spell.

    And Kindly refrain from obfuscating in public. It’s terribly rude.

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  15. OMG Bobbie’s back, or at least a cousin of his who can spell.And Kindly refrain from obfuscating in public.It’s terribly rude.  

    Try picking up a dictionary. Maybe your computer skills aren’t up to gaining access to an online version. Good luck with that.

    Arons is just a garden variety libtard that can’t argue his way out of a kindergarten political discussion. When challenged he reverts to name calling and foot stomping. Typical. Your lame attempt at humor leaves the two of you together to discuss such important things as, cute internet acronyms, and whose relatives are here to annoy others. LOL! OMG! UPOS! hahaha

    Try again, tool.

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  16. People’s political views have little to do with their desire to see Bowdoin behind bars. This wish is shared by most people ranging from the left to the right, including the Tea Partiers.

    It will surely happen, although Jack has a point that it is sickening to know that the man is presently living with a greater level of comfort than many honest americans, including some of the people he defrauded. Had he been a petty thief, he would probably be locked up already. But that is the way the law works and white collar fraud is a great deal more complex and it takes longer to prove its full extent.

    In the meantime, we have no choice except to wait until the criminal trial starts and real justice starts to be meted out.

    In the meantime, we have to be prudent and protect ourselves from the second tier con men who will try to obstruct justice by offering either preferential treatment – which is not available to anyone – or attempting to silence downlines and stop them from claiming and talking.

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  17. I understand all of that. My point was that poor old Arons can’t stand the heat when he brings up his asinine conspiracy theories.

    Obviously it is easier to prove petty theft, and incarcerate the thief.

    Aron’s mindless dig at ‘the rich’ is a typical knee jerk reaction. He is a political mental midget, and I have destroyed his progressive views on numerous sites. It’s become quite tiresome. I was just poking him with a stick because I can. Sorry to have confused you into attempting to defend him. It’s painfully clear that he needs all the help he can get, but I was hoping it would be him responding, not you.

    I too, eagerly await Bowdoin’s trial and conviction. May justice be served!

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  18. Hey I am a Golden Panda Investor and I betcha I get All My $$$$ back!
    Here’s to no more investing in anything but myself!
    xo

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  19. Sorry, but I disagree with you. If history provides ANY sort of a guide, you and others will more likely get back between 15% – 30% back.

    That’s my best guess. I could be wrong.

    dB

    Hey I am a Golden Panda Investor and I betcha I get All My $$$$ back!
    Here’s to no more investing in anything but myself!
    xo  

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  20. I’m an ASD investor who received the remission form in the mail. I had several questions to Rust Consulting, which continue to go unanswered.

    1. If $79M was forfeited, how much will be given back to us? I had read $14 million somewhere, and I believe it was on the remission site, but I don’t see it there anymore. Maybe they took it down. In any event, Rust Consulting refuses to answer this question.

    2. Why were uncashed cashier’s checks that were sitting there on the day of the raid later cashed by the U.S. Secret Service, when they so easily could have been returned to the senders uncashed?

    3. Why is such exhaustive detail required on the remission form, when the government gained access to all that info at the time of the raid? All they should need from me at this point is my name, SSN and confirmation of my banking information so they know where to send the money.

    I know this is an anti-scam site, and of course I am very supportive of anyplace people can go to gather information to protect themselves. That is why I wanted to throw this out here to this forum and see what you think. If this was you, would you feel more scammed by ASD or by the U.S. Secret Service and Dept. of Justice? Are there any other ASD members out there who have the same questions?

    I should say right now that just because I am questioning my government, does not make me somehow one of those “brainwashed” ASD fans. I really don’t care about ASD’s former leaders, or whether the program met the legal definition of a scam. I am just looking for information and insights. Thanks. — Erica

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  21. Hi Erica,

    First off, to your last points, ASD was and only could have been a Ponzi scheme. If you look at the math, it is fairly easy to prove that. Clearly Bowdoin at the gang are the schemers, and that’s who your anger should be directed toward. If you feel otherwise, I am afraid I would not put you in the “victim” category and would strongly urge you to show some backbone in supporting your position (in other words, prove your loyalty to Andy and ASD and DO NOT file a restitution form).

    Pretty simple answers to your questions in reality…..

    1) They will refund as much as they possibly can. They have the assets seized from Andy, and are likely to gain additional funds via the clawback process.

    2) It would have been illegal for the authorities to send the cashiers checks etc. back to the people that sent them/wrote them out. The fact is, the second that the checks are turned over to Andy/ASD (Andy IS ASD), the checks belonged to Andy. Thus, ALL of Andy’s assets inclyuding the uncashed checks are part of the pool of assets to be part of the restitution. Further, in theory, restitution has to be fair in some way. The people who get their cashiers checks back would be 100% compensated, while the other victims would be compensated at a lower percentage — not fair, thus not allowed.

    3) Odds are very high that ASD did not have good records. You are assuming that they are a legitimate business with a legitimate accounting system. If all of this was tru, they would have blown the Ponzi case right out of the waters instantly with a validated (think Deloitte and Touche) audit of their books. Never happened, because those records are spotty at best.Odds are good that the government does not know how much you put into ASD, nor how much you got back (and you don’t say here). Further, there are many examples of the criminals who have driven these schemes turning around and filing for restitution. By asking for restitution you are stating that Bowdoin scammed you, that you lost money, and that ASD was a scam, under penalty of perjury. Again, if you still believe in Andy, don’t file for restitution.

    I’m an ASD investor who received the remission form in the mail. I had several questions to Rust Consulting, which continue to go unanswered. 1. If $79M was forfeited, how much will be given back to us? I had read $14 million somewhere, and I believe it was on the remission site, but I don’t see it there anymore. Maybe they took it down. In any event, Rust Consulting refuses to answer this question. 2. Why were uncashed cashier’s checks that were sitting there on the day of the raid later cashed by the U.S. Secret Service, when they so easily could have been returned to the senders uncashed?3. Why is such exhaustive detail required on the remission form, when the government gained access to all that info at the time of the raid? All they should need from me at this point is my name, SSN and confirmation of my banking information so they know where to send the money.I know this is an anti-scam site, and of course I am very supportive of anyplace people can go to gather information to protect themselves. That is why I wanted to throw this out here to this forum and see what you think. If this was you, would you feel more scammed by ASD or by the U.S. Secret Service and Dept. of Justice? Are there any other ASD members out there who have the same questions?I should say right now that just because I am questioning my government, does not make me somehow one of those “brainwashed” ASD fans. I really don’t care about ASD’s former leaders, or whether the program met the legal definition of a scam. I am just looking for information and insights. Thanks. — Erica  (Quote)

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  22. This is just my opinion:

    1. If $79M was forfeited, how much will be given back to us?

    The evilgovernment has stated they intent to return all of what they can recover. Of course this does not mean that the punters will get back what they sent to “Honest” Andy. It depends on how much can be recovered, how much Andy has hidden overseas, how much Andy has spent on his lawyers etc.

    2. Why were uncashed cashier’s checks that were sitting there on the day of the raid later cashed by the U.S. Secret Service, when they so easily could have been returned to the senders uncashed?

    The “uncashed cheques” rumour surfaces from time to time. I think it’s just a ploy by the ponzi supporters to create doubt. However, if they existed, then they were “Honest” Andy’s property, so legally they could not be sent back. “Honest” Andy would have cashed them, so the fact that they were cashed then held in trust makes no difference.

    3. Why is such exhaustive detail required on the remission form, when the government gained access to all that info at the time of the raid? All they should need from me at this point is my name, SSN and confirmation of my banking information so they know where to send the money.

    Judging from what happened in the 12DailyPro and CEP cases, some of the “victims” can and do exaggerate their claims, send multiple claims, and generally try to get much more than their fair share. I expect the info required is to prevent this from happening.

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  23. If this was you, would you feel more scammed by ASD or by the U.S. Secret Service and Dept. of Justice?

    Erica,

    Self-described “money magnet” Andy Bowdoin called the Secret Service and prosecutors “Satan” while also telling the troops that God was on ASD’s side. He compared the raid to the 9/11 terrorist attacks that killed nearly 3,000 people. (See the P.S. below for a “prayer” that was circulated by an ASD member on Sept. 11, 2008, the seventh anniversary of the 9/11 attacks.)

    At least you’ve limited yourself to planting the seed that the men and women of U.S. law enforcement are merely garden-variety scammers, as opposed to the devil himself, Erica.

    You say you’re looking for “insights.” I propose you could find some by simply walking into your local diner or coffee shop or bank or bowling alley or VFW hall and striking up conversations with patrons and employees.

    When they give you funny looks for suggesting the Secret Service and USDOJ scam people by seizing the proceeds of an alleged $110 million Ponzi scheme under court order — when Bowdoin and his business partner both have histories of scamming investors — well, those looks should give you some important insights.

    I really don’t care about ASD’s former leaders, or whether the program met the legal definition of a scam.

    In indicting Andy Bowdoin, a grand jury determined that ASD met the definition of wire fraud, securities fraud and selling unregistered securities.

    You shouldn’t be surprised if the jaws of people from whom you wish to gain “insights” hit the floor when you explain you “really don’t care” whether ASD “met the legal definition of a scam.” After they gather their jaws from the floors of the diners and coffee shops and banks and bowling alleys and VFW halls, well, that will be another moment of insight for you.

    I should say right now that just because I am questioning my government, does not make me somehow one of those “brainwashed” ASD fans.

    Is that why you planted the seeds that the Secret Service, the USDOJ and Rust are scammers — because you’re not a “brainwashed” ASD fan?

    If $79M was forfeited, how much will be given back to us? I had read $14 million somewhere, and I believe it was on the remission site, but I don’t see it there anymore. Maybe they took it down. In any event, Rust Consulting refuses to answer this question.

    Erica, a federal judge has issued final orders of forfeiture totaling nearly $80 million. Andy Bowdoin still has an active appeal of $65.8 million of this sum — and yet here you are, planting the seed that Rust Consulting “refuses” to answer this question.

    In my view, most fair-minded people following the ASD case know that some questions pertaining to restitution simply cannot be answered at this time. On a side note, nothing is precluding you from acquiring the assistance of counsel in filling out the remissions form. If you cannot afford counsel and don’t want to go it alone, perhaps you can see if there is a resource in your community that provides free legal aid or get a referral from your local bar association.

    Why were uncashed cashier’s checks that were sitting there on the day of the raid later cashed by the U.S. Secret Service, when they so easily could have been returned to the senders uncashed?

    The checks are evidence of a massive financial crime. At a minimum, they are evidence of crimes committed against individual investors. Every ASD investor is going to get a haircut. The saving grace here is that the Feds froze about $80 million before the scheme could mushroom any further. Assuming ASD spent about $30 million on operations and payouts to early entrants, then the Feds have preserved $80 million of the $110 million — 8/11 or nearly 73 percent. In other words, the government stopped an international scam in its tracks and preserved nearly three-quarters of the money before it could disappear.

    Erica, are you aware that some ASD investors have filed a racketeering lawsuit against Bowdoin? They believe ASD meets the definition of a racketeering enterprise under U.S. law. The RICO lawsuit is separate from the federal case.

    So, here is some more “insight”: Both private litigants and the Feds agree that ASD was foundationally corrupt

    It’s funny how people’s “take” on an issue can differ. You apparently see government corruption; I see a remarkable performance by the men and women who guard the life of the President of the United States and keep the banks safe for Grandma to cash her Social Security check.

    Good luck trying to make the American people in diners and coffee shops and banks and bowling alleys and VFW halls believe the Secret Service and the USDOJ are the real scammers and that Rust is engaging in a conspiracy of silence.

    Patrick

    P.S: The following prayer was distributed among ASD members on Sept. 11, 2008, about 40 days after the ASD raid. It was distributed on the seventh anniversary of the terrorist attacks on the World Trade Center and the Pentagon. The prayer called for the prosecutors and the Secret Service to be made to suffer — apparently for having the temerity to stop a $110 million scheme in its tracks.

    I decree and declare that in this battle, no intrinsic or extrinsic weapon, be it emotional, financial, physical, social, psychological, spiritual, organizational, interpersonal, formed against me shall prosper!

    Heavenly Father, we overthrow the plans of troublemakers, scorners, scoffers, mockers, persecutors, and character assassins! Expose satanic representatives and grant unto us divine strategies and tactics to identify, resist and overcome plots and plans established for our demise!

    Draw out your spear and stop them in their way!
    Let them be confounded and put to shame!
    Let them fall by their own counsels!
    Let them be turned back and brought to confusion!
    Let them be as chaff driven by the wind!
    Let the angel of the Lord persecute them!
    Let their way be through dark and slippery places, with the angel of the Lord pursuing and afflicting them!
    Let them be put to shame and dishonor those who seek and require our lives!
    Let them be turned back and confounded who plan our hurt!
    Let destruction come to them suddenly!
    Let them fall to their own destruction!
    Let destruction come upon them unaware!
    Let them stumble and fall into the very destruction they have contrived for us!
    Let them be wounded and destroyed by the very weapons they have devised for us!
    Let them be caught in the same net that they set for us!
    Let them fall in the very pit that the dug for us!
    Let them be hung by the very noose they constructed for us!
    Let them be burned in the very fire they have lit for us!
    Let them be consumed by the very beasts they have prepared for us!
    Strike them down in the very act of their mischief!
    Let their mischief be returned to them double-fold!
    Pluck them out of their dwelling place!
    Root them out of the land of the living!
    Let evil slay them, and desolation be their lot!
    Make them like a wheel turning in confusion!
    Make them as the stubble before the wind!
    Make them as wood burned by fire!
    Cause fear and terror to grip their hearts!
    Let them be confounded and troubled forever!

    Heavenly Father, put a halt to all distractive, disturbing and destruction measures. For this reason was the Son of God made manifest, that He would destroy the works of the enemy!

    We prevail against satanic inhibitions, prohibitions, and all limitations. We decree and declare that all invisible and invincible walls are destroyed!
    We nullify, dismantle, cancel and forcefully oppose any satanic operations, maneuvers, manipulations, subversions, strategies, tactics, plots, plans and ploys, which are designed to hinder, prevent, frustrate, foil, deny or delay God’s originals (sic) plans and purposes from their quick, swift and speedy manifestations!

    We come against falsehoods, slander, speculation, accusations, misrepresentations, and character assassinations!

    Heavenly Father, cause the heavens to bow down with divine judgment! Send your hand from above and rid us of them! Let Truth Prevail!

    Disappoint the devices the enemy has crafted so that their hands cannot perform their enterprise!
    Take them in their own crafty and devious ways!
    Let every attack of retaliation fail!
    Send divine angelic prophetic assaults against all diabolical intelligence!
    Release divine viruses to invade satanic databases and command that they be consumed and destroyed!
    Let all future diabolical communications and networkings fail!
    Send a spirit of confusion amongst them!
    Let their tongues be divided, so that when they communicate it will be incoherent and misunderstood!
    Let all satanic manifestations cease and let divine abortive measures and miscarriages occur in satanic wombs and incubators!

    Heavenly Father, you have given us a great work to accomplish! We war for the releasing of our finances and all resources that belong to us! Let those that hold on to our wealth longer than they should be afflicted and tormented WITHOUT RELIEF until they release what rightfully belongs to us!

    We command satan to cough it up! Spit it out! Release it! Loose (sic) it and let it go!!!!

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  24. Hi,

    If you have questions, I would highly suggest you speak with a local attorney who’s area of expertise this type of matter. A labor attorney or maritime attorney likely does not have the specific expertise.

    Nothing in any of the documents released so far precludes you from getting proper, timely advice from an attorney working exclusively for you. The rub is that you can follow the procedure set up by the court with no cost if that’s your wish or, if you have concerns, get the best legal advice at a price. You choice.

    Good luck.

    dB

    I’m an ASD investor who received the remission form in the mail. I had several questions to Rust Consulting, which continue to go unanswered.
    1. If $79M was forfeited, how much will be given back to us? I had read $14 million somewhere, and I believe it was on the remission site, but I don’t see it there anymore. Maybe they took it down. In any event, Rust Consulting refuses to answer this question.
    2. Why were uncashed cashier’s checks that were sitting there on the day of the raid later cashed by the U.S. Secret Service, when they so easily could have been returned to the senders uncashed?3. Why is such exhaustive detail required on the remission form, when the government gained access to all that info at the time of the raid? All they should need from me at this point is my name, SSN and confirmation of my banking information so they know where to send the money.I know this is an anti-scam site, and of course I am very supportive of anyplace people can go to gather information to protect themselves. That is why I wanted to throw this out here to this forum and see what you think. If this was you, would you feel more scammed by ASD or by the U.S. Secret Service and Dept. of Justice? Are there any other ASD members out there who have the same questions?I should say right now that just because I am questioning my government, does not make me somehow one of those “brainwashed” ASD fans. I really don’t care about ASD’s former leaders, or whether the program met the legal definition of a scam. I am just looking for information and insights. Thanks. — Erica  

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  25. Erica,

    Rust are asking for a great deal of information to be sent along with the claims to avoid further fraud by some of the less scrupulous “victims”. It has happened before, as explained above, and they dont seem to want it to happen again. Sounds good to me. I certainly dont want to see some needy victim cheated out of his share by some greedy cheater.

    It will be a hassle for many people, but losing your money to a fraudster is an even bigger hassle. We are fortunate that the Government have expressly stated that they will return all the money that they can get hold of to the victims. This is the first time to my knowledge that they have done this when closing down a scam of this type. There is no requirement in law for them to do it, but they have chosen to try to make up for at least some of the damage that Bowdoin and friends have done us.

    Personally, the government’s conduct throughout this whole ASD business has impressed me with its fairness to the victims and the way in which they have kept them informed through their own website. They have set up the system for remissions with Rust already, which will help to speed up the process.

    You say “I really don’t care about ASD’s former leaders, or whether the program met the legal definition of a scam.” Unfortunately, it is too late for that. All the evidence has demonstrated that it was not only a scam from its inception but was planned to be nothing but a scam. All the members of ASD were accidentally or knowingly involved in a criminal enterprise from Day One, whether they like it or not, including you.

    I dont think that calling out the government shows much of an understanding of what the members got themselves into with ASD.

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  26. The interesting thing about all of the huffing and puffing which has gone on in, on and around the ASD saga, is that the pragmatists among us long ago recognized that it is all nothing but froth and bubbles and empty rhetoric.

    Everything, (and I do mean EVERYTHING) predicted by the notorious “naysayers” has transpired EXACTLY as forecast.

    The consequences of ignoring the mathematics, the timing, delays, strategies, ambulance chasing lawyers, opportunistic hanger-oners, professional “playas” EVERYTHING was forecast in detail out long before the inevitable happened.

    What’s also interesting, from my perspective, at least, is that anyone still with an anti government, anti taskforce, anti-everything-except-Bowdoin mindset long ago ceased to be a “victim”

    Instead, they are displaying teenage-like wilful and defiant behaviour/s and are actually CHOOSING to think and behave as “victims” of an “ebilGubment”

    The authorities have done NOTHING in the slightest illegal, immoral or even fattening. On the contrary they have stuck assiduously to their task, despite the fact many of them must feel their critics long ago gave up any right to any form of refunds (or even sympathy)

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  27. Perhaps it is also necessary to add that Bowdoin and his friends took great pains to assure its members of the legality of AdSurfDaily, within the existing US laws. At no point did they deride the American Legal System. Far from it, they upheld it by their insistence of the importance that AdSurfDaily complied with its requirements. Even when the famous court appearance of everyone except Andy Bowdoin and his CEO took place, the ASD legal arguement was based on changes in the ASD structure so that it complied with US law.

    It only after they were caught breaking those same laws that people have come out of the woodwork with their bizarre theories of government conspiracies, sovereignty issues and the presence of reptilian heritage. When ASD was “alive and well” they embraced the US legal and political system and used that attitude to promote their scheme.

    Perhaps the same people who are now protesting the illegality of US Government actions should remember that they promoted or joined ASD BECAUSE of its supposed compliance with the same system they are now deriding.

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  28. Erica, I will throw in my 2 cents.. If you are worried about providing Rust with certain information, you may be comforted to know they are contracted by the US Secret Service. Don’t you think they could find your Social Security number and bank info if they really wanted to? The information they request is likely for tax purposes and to have somewhere to wire your money once the remission begins.

    I can understand your confusion. However, these questions are best answered by Rust themselves. It is strange that 2 years later, the same questions are being asked about the box of checks. I suppose the ASD Insiders are still throwing out the same manure to see if a seed sprouts.

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  29. One thing that has been somewhat low-profile in this is that the assets were seized in a Civil Forfeiture Action, and as such provides that the “rightful owner(s)” of the assets may petition for the return of those assets. The government is providing a mechanism for doing that via Rust. Absent that, each owner would have to file their own petition at their own expense to attempt a return. Most of the scam busts until now have been via criminal charges via SEC or law enforcement.
    In the ASD case, the forfeiture has been litigated and found that the assets do not belong to Andy, pending any appeals.

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