URGENT >> BULLETIN >> MOVING: AdSurfDaily Figures (And Zeek Pitchmen) Todd Disner And Dwight Owen Schweitzer Lose In Appeals Court
The U.S. Court of Appeals for the District of Columbia Circuit has upheld the rulings of a federal judge and rejected an appeal by AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer. The ASD duo had contended the seizure of records from ASD’s database in a Ponzi scheme case brought in 2008 by the U.S. Secret Service and federal prosecutors violated their right to privacy and that Judge Rosemary Collyer was biased.
A three-judge panel rejected both contentions.
“Appellants’ purported evidence of bias amounts to nothing more than their disagreement with the judge’s actions in presiding over a related matter, and ‘judicial rulings . . . virtually never provide a basis for recusal,’” the panel ruled
Moreover, the panel ruled, “The dismissal of appellants’ Fourth Amendment claim is affirmed on the ground that appellants lacked a reasonable expectation of privacy in the records allegedly seized.”
ASD was a $119 million Ponzi scheme operating from Quincy, Fla. Disner and Schweitzer later became pitchmen for Zeek Rewards, which the SEC described in August 2012 as a $600 million Ponzi- and pyramid fraud operating from Lexington, N.C.