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Tag: Bowdoin

  • BREAKING NEWS: Judge Suggests ASD Forfeiture Could Occur Before Christmas; Finds Bowdoin ‘Knowingly And Voluntarily’ Released Claims To $65.8 Million

    Will the August 2008 forfeiture case against $65.8 million in the personal bank accounts of AdSurfDaily President Andy Bowdoin end before Christmas?

    A federal judge suggested today that it might.

    Bowdoin, 74, knew what he was doing when he submitted in January 2009 to the forfeiture of the cash and “knowingly and voluntarily” agreed never again to raise the claims, Judge Rosemary Collyer said in an order today.

    Collyer added that the time to file claims has expired, thus agreeing

    Andy Bowdoin
    Andy Bowdoin

    with an argument advanced by federal prosecutors earlier this month. But Collyer today left the door open for 30 more days before ordering the final forfeiture of the money to the government, issuing an order that any “potential claimant(s)” must “show cause in writing” before Dec. 20 why she should not grant the final forfeiture.

    Earlier this month Collyer denied a bid by Bowdoin that began in February with his emergence as a pro se litigant to reassert claims to the money. Prosecutors said Bowdoin’s acts — and acts by dozens of other ASD members who had attempted to intervene in the case — were delaying the implementation of a restitution program for victims of the alleged ASD wire-fraud, money-laundering, securities and Ponzi scheme.

    Collyer has denied dozens of bids by ASD members to intervene for money in the case, saying they had no standing and no “cognizable interest” because the money had belonged to Bowdoin alone at the time of its seizure.

    On Nov. 10 alone, Collyer denied 13 such bids to intervene. All were filed by ASD members who shared a pro se litigation template. The judge repeatedly denied pro se attempts to intervene, denying the bids en masse in July, August, September and November. More than 70 such motions were filed in the case, dating back to February 2009.

    Curtis Richmond, a California man, was one of the pro se litigants. Records show Richmond was a member of a Utah “Indian” tribe a federal judge in a separate case last year ruled a “complete sham” that tried to extort money from public officials to gain a favorable litigation result.

    Richmond was hailed a “hero” on the pro-ASD Surf’s Up forum, even as thousands of ASD members were waiting to gain a share of a restitution pool the government is setting up for ASD victims.

    Read today’s order from Judge Collyer.

    Read Judge Collyer’s Nov. 10 mass denial of claims.

  • BREAKING NEWS: Plaintiffs In ASD RICO Case Ask Judge For More Time; Say Bowdoin, Busby, Garner Haven’t Been Served

    Robert GarnerThree former members of AdSurfDaily who accused the company of racketeering have asked a federal judge for more time to respond to a motion by Bank of America to dismiss it as a defendant in the case.

    Although not named a RICO defendant, BOA was accused of aiding and abetting ASD President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby in a racketeering scheme.

    BOA is not opposing the plaintiffs’ motion to extend the time to respond to its own motion to dismiss. In fact, the plaintiffs’ pleading for the extension was filed today as a joint motion with BOA.

    Plaintiffs Mike Collins, Frank Greene and Natures Discount Inc. — all former ASD members — said Bowdoin, Busby and Garner haven’t been served with the lawsuit, which was filed Jan. 15.

    Why the defendants haven’t been served in more than two and one-half months since the filing of the complaint is unclear. The court reissued the summons March 18 — nearly two weeks ago — and Bowdoin, Busby and Garner still haven’t been served.

    Bowdoin, Busby and  Garner were accused of conspiring with unnamed parties in organized efforts to defraud.

    The RICO complaint alleged the men were involved in “other” schemes beyond ASD, Golden Panda and LaFuenteDinero, and have “committed or aided and abetted in the commission of countless acts of racketeering activity,” including indictable offenses.

    “The ASD Enterprise provides the RICO Defendants and other unnamed co-conspirators with a system by which to operate fraudulent schemes such as ASD, to hide the fraudulent nature of the schemes, and to profit from such schemes,” the plaintiffs alleged. “Each RICO Defendant agreed to perform services of a kind which facilitated the operation of the ASD Enterprise and facilitated the RICO Defendants and others in the operation of various fraudulent schemes, including ASD.”

    Bowdoin said he fired his attorneys in a civil-forfeiture case filed in August against proceeds linked to ASD. The U.S. Secret Service has seized nearly $100 million in the case, and Bowdoin now is acting as his own attorney.

    Bowdoin has filed several motions in the forfeiture case in the past few weeks.

    A Blog reader who described himself as having engaged Busby in a real-estate deal said he could not locate Busby for months. The reader added that he finally secured a phone number for Busby, spoke with him briefly about 11 days ago and that Busby hurried him off the phone.

    Garner once advertised offshore legal services in an online magazine known as “Escape From America Magazine.”

    Garner identified himself a “[f]ormer General Counsel for  major Miami-based securities firm with Latin and South American  focus,” according to his ad. He listed the URL for his law office in Greensboro, North Carolina, saying he also specialized in “[r]ecoveries from scam.”

    Garner’s North Carolina law license was updated March 14 by the North Carolina State Bar. Garner’s license is active, and he is in good standing with the Bar.

    The plaintiffs in the RICO case — with the consent of BOA — asked Judge Rosemary Collyer to give them until April 30 to respond to BOA’s dismissal motion — and to extend BOA’s time to respond to May 20.