This old ad for AdSurfDaily features an image of Hank Needham, the purported owner of Club Asteria. An ASD affiliate link in the ad summons ASD’s old ASDCashGenerator.com URL, which went dormant after the federal raid on ASD’s Florida headquarters in August 2008. In recent hours, however, the old ASDCashGenerator URL began to resolve to an apparent new business opportunity known as Ad Sales Daily International. Needham’s one-time tie to ASD leads to questions about whether Virginia-based Club Asteria, through Needham or ASD downline members, could have benefited from ASD cash prior to the federal seizure of tens of millions of dollars from the personal bank accounts of ASD President Andy Bowdoin nearly three years ago. The Club-Asteria domain name was registered in June 2009, the same month an autosurf with ASD connections known as AdViewGlobal collapsed. Club Asteria’s domain now is registered behind a proxy, but once was registered to Needham, according to web records.
BULLETIN: (UPDATED 9:36 P.M. EDT (U.S.A.) A website identified in a 2008 forfeiture complaint as the site of a major financial crime allegedly engineered by AdSurfDaily President Andy Bowdoin and unidentified co-conspirators is active again and appears to be redirecting traffic to an entity named “Ad Sales Daily International” (ASDI) and a second entity known as ASD2Day.
“Make $10 per direct referral & $5 for every 2nd level indirect!” the site exclaims. “Recieve (sic) $2000 Account Initiation Credits! Hurry, while we are in pre-launch.”
A spokesman for U.S. Attorney Ronald C. Machen Jr. in the District of Columbia declined to comment on the development, saying that ASD is part of an active investigation.
The ASDI site is accessible through an affiliate link to Bowdoin’s old ASDCashGenerator.com site, which appears to have been re-registered in the name of Barbara Cruz, whose name previously has appeared in the context of ASD. The PP Blog accessed the ASDI site by clicking on an old ASDCashGenerator affiliate link . The link was within an ASD ad from 2008 that featured an image of Club Asteria’s purported owner Hank Needham.
The ASD ad with Needham’s image positioned ASD as a “Perfectly Credible Business” and included a contact email address that used the characters “ptigold.” The ASD ad, however, does not load Needham’s name as an ASDI affiliate when the link is clicked. Instead, it loads the name of another individual. The reason was not immediately clear.
This page for ASDI, an apparent upstart, is accessible when a link is clicked in an old ad for Andy Bowdoin's ASD Cash Generator program. The old ASD ad features a photo of Hank Needham, the purported owner of Club Asteria, but the ad does not load Needham's name as an ASDI affiliate when the link is clicked. Instead, the ad loads the name of another person. The reason was not immediately clear. Bowdoin is under federal indictment for wire fraud, securities fraud and selling unregistered securities. Questions have been raised about whether Club Asteria also was selling unregistered securities as part of a purported "passive" investment program.
A separate link within the ad with Needham’s image forwards to a page that displays pornography ads.
All or part of the old ASDCashGenerator site appears to be redirecting to the domain name of ASD2Day.com. In 2009, the ASD2Day site was registered with Cruz listed as the contact person at an address in Florida that state investigators had tied to a major insurance scam. Although Cruz now is listed as the registrant of the ASDCashGenerator site, the ASD2Day site is registered in the name of another individual.
In October 2009, the PP Blog published a story about the ASD2Day site, which was making odd claims about the state of the ASD litigation a year after the federal seizure of Bowdoin’s assets and assets linked to Golden Panda Ad Builder, an autosurf implicated by the U.S. Secret Service in the ASD probe.
ASD2Day.com claimed, among other things, that ASD could not be a Ponzi scheme because the script employed by the autosurfing firm could not be programmed to permit a Ponzi scheme to occur. It also made a puzzling claim that U.S. District Judge Rosemary Collyer was on an Aug. 28, 2009, deadline “to determine if the US Attorney General’s case against ASD should move forward.” (Also see this story and comments thread.)
Collyer was on no such deadline. In January 2010, Collyer issued a forfeiture order that awarded $65.8 million seized from Bowdoin’s bank accounts to the U.S. government, which is using the seized money to compensate victims of ASD. In July 2009, Collyer issued a forfeiture order for more than $14 million linked to Golden Panda, ASD’s one-time purported “Chinese” option.
The ASD ad that featured Needham’s image also made a veiled reference to Golden Panda.
A section of the ad read, “OPENING IN CHINA[:] July 2008.”
Undercover agents from a Secret Service/IRS task force began to investigate ASD and Golden Panda on July 3, 2008, according to court filings. The court process of seizing cash linked to both entities began on Aug. 1, 2008, with the issuance of seizure warrants.
It appears to be the case that all old ASD Cash Generator affiliate links, including the links in the ad that featured Needham’s photograph, now load the new ASDI webpage at the old ASD Cash Generator URL.
Claims made about Club Asteria are under investigation by Italian authorities. Club Asteria first slashed payouts to members then reportedly suspended them for 60 days. The firm also reportedly has had its PayPal account frozen.
Like ASD, Club Asteria was promoted on Ponzi scheme forums such as TalkGold and MoneyMakerGroup.
In a video dated July 8, a Club Asteria executive claimed the firm had “a philanthropic foundation both domestically and internationally where we help causes all over the world.”
Among the claims in the video, which appeared online after Club Asteria reportedly suspended payouts, was this one:
“We donate cows and pigs and water buffaloes and camels to help families all over the world.”
Virginia-based Club Asteria trades on the name of the World Bank. Members said payments came from an entity known as Asteria Holdings Limited (Hong Kong) — before the payments stopped.
One of Club Asteria’s principal concerns, according to a new video, is children.
Investigators long have fretted that some promoters of online business “opportunities” simply race from fraud scheme to fraud scheme, collecting commissions for introducing others to “programs” that prove to be scams.
Like the now-collapsed AdViewGlobal (AVG) autosurf, Club Asteria has blamed its reported problems on members. AVG had promoters and members in common with Bowdoin’s ASD, which the Secret Service described as a massive international Ponzi scheme.
Among other things, AVG plucked the heartstrings of members by telling them that the company was interested in saving the rain forest.
Missouri-based Erma Seabaugh, known among members of Florida-based AdSurfDaily as a company trainer and the "Web Room Lady," was the president of Carpe Diem, a purported "religious" entity in Oregon.
On Jan. 16, 2008, the state of Oregon recorded the business registration of an entity known as “Carpe Diem,” a purported “religious” nonprofit firm. AdSurfDaily figure Erma Seabaugh of Cape Girardeau, Mo., was listed as Carpe Diem’s president and secretary. ASD members described Seabaugh as a “trainer” for the Florida-based autosurf firm whose operator, Thomas A. “Andy” Bowdoin, 76, is under federal indictment for wire fraud, securities fraud and selling unregistered securities.
The Oregon registration of Carpe Diem coincides with a period in which ASD allegedly was ratcheting up the criminality to drive more business to its $110 million Ponzi scheme — first by introducing a companion “Spanish” autosurf known as LaFuenteDinero and later by launching a “Chinese” surf known as Golden Panda Ad Builder and producing a video in which an attorney who appeared with Bowdoin preemptively denied ASD was operating a Ponzi scheme, according to federal court filings.
As an ASD trainer and a person with “privileges within the ASD computer database system to post and remove ‘ad packages’ from individuals’ accounts,” Seabaugh was positioned to benefit from ASD’s crimes and engage in crimes of her own, according to federal court filings.
The filings raise the possibility that Seabaugh was seeking to disguise personal income as the proceeds of a purported religious entity and use ASD itself to launder money or hide income.
Prosecutors said in December that it appeared as though Seabaugh “was selling her own investment ‘ad packs’ to clients and representing herself as ASD.” The Cape Girardeau, Mo., address for Carpe Diem in Oregon records is associated with a firm that provides mailbox and parcel services.
Oregon dissolved Carpe Diem’s registration in March 2010, about 26 months after the entity was registered in the state.
Just weeks prior to the January 2008 creation of Carpe Diem — on Nov. 11, 2007, Dec. 9, 2007 and Dec. 19, 2007 — Seabaugh opened three separate ASD accounts. Each of the accounts used a variation of the Carpe Diem name: Carpe Diem, Carpe Diem2 and Carpe Diem3, according to federal prosecutors in the District of Columbia.
The presence of a form of the Carpe Diem name in three ASD accounts leads to a question about whether Seabaugh or others were seeking to structure transactions to avoid tax-reporting requirements or to minimize the risk that a bank might begin to ask uncomfortable questions.
Seabaugh used the Carpe Diem account to sponsor “48 additional investors into the ASD investment scheme,” federal prosecutors said in a forfeiture complaint filed on Dec. 17, 2010, about 16 days after Bowdoin was arrested in Florida.
Known as ASD’s “Web Room Lady,” Seabaugh withdrew $107,997 from the Carpe Diem account “through checks that issued from ASD,” according to the complaint. The account was funded with “ad packs” that “originated” at LaFuenteDinero, the “Spanish” version of ASD.
It also was funded with $10,510 that originated at e-Bullion, which prosecutors described as an online digital currency.
Two of Seabaugh’s Carpe Diem accounts — Carpe Diem2 and Carpe Diem3 — were used to promote an apparent “pyramid scheme” known as StreamlineGold.net, according to the forfeiture complaint. Although Seabaugh appears not to have made a withdrawal from the Carpe Diem3 account, she withdrew $83,994 from the Carpe Diem2 account, which also had been opened with a transfer of “ad packs” from LaFuenteDinero, according to the forfeiture complaint.
LaFuenteDinero means the “fountain of money.” Different email addresses were used to open each of the Carpe Diem accounts, according to the forfeiture complaint.
In addition, Seabaugh used an address with the letters “ASD” and the word “admin” included among the characters comprising a free gmail address, according to the forfeiture complaint.
E-bullion operator James Fayed was convicted in May of arranging the contract murder of his estranged wife, Pamela Fayed, a potential witness against him on matters pertaining to fraud. James Fayed faces the death penalty for the slaying.
Investigators have linked e-Bullion to multiple Ponzi schemes.
At least $10,510 flowed from E-Bullion to ASD through Seabaugh’s Carpe Diem account prior to the gruesome slashing murder of Pamela Fayed in a California parking garage on July 28, 2008.
About four days later — on Aug. 1, 2008 — the U.S. Secret Service seized tens of millions of dollars in the personal bank accounts of ASD’s Bowdoin. Seabaugh has not been charged with a crime, but agents seized at least $153,087 from bank accounts linked to Carpe Diem and Seabaugh, according to court filings.
EDITOR’S NOTE:First of two parts. Part Two will be published later tonight or tomorrow.
Even as AdSurfDaily President Andy Bowdoin was venturing to Washington in June 2008 to receive what his members and prospects were told was the “Medal of Distinction” from the President of the United States, he was harboring terrible secrets and knew full well his autosurf business was a Ponzi scheme that could collapse at any second and lay waste to thousands of investors, according to court records and an affidavit originally filed under seal by the U.S. Secret Service.
Much of the information from the affidavit, which was filed in February 2009, is being published today for the first time. Companion court documents in ASD-related litigation show that part of a third civil-forfeiture case brought in December 2010 against assets alleged to be owned by ASD and Bowdoin has been put on hold while Bowdoin is battling criminal allegations — and that some individual ASD members whose assets were targeted for forfeiture in the same case have not filed claims for money seized from their bank accounts. Although the forfeiture action against Bowdoin has been suspended, the cases against the assets of the individual ASD members remain active.
Just two months prior to his June 2008 Washington jaunt — in April 2008 — Bowdoin had flown at the prompting of a “North Carolina lawyer” to Panama and Costa Rica with his wife and the lawyer. The purpose of the trip, according to the affidavit, was to incorporate ASD Cash Generator and an entity known known as La Sorta Trading outside of U.S. jurisdiction to create wiggle room if U.S. regulators came knocking.
ASD Cash Generator was the replacement name for the original ASD autosurf business, which was known simply as AdSurfDaily. The first scheme collapsed in 2007, leaving Bowdoin’s first set of investors holding the bag, according to the affidavit. Bowdoin’s later investors were not told about the firm’s dubious history.
La Sorta Trading, whose purpose was not immediately clear, never before has been referenced in the ASD case. La Sorta is the name of a city in Honduras, another country in Central America. It is not known if the firm was named after the city.
Bowdoin also was exploring the possibility that he and his wife would move from the small town of Quincy, Fla., to Costa Rica, the Secret Service advised U.S. District Judge Rosemary Collyer.
“Bowdoin’s wife did not like Costa Rica, however, and his plans to move ASD’s operations off shore were shelved,” according to the affidavit.
The February 2009 affidavit paints Bowdoin, now 76, as a man experiencing pressure from multiple points of contact — and as a man who made one disastrous decision after another. One of the things allegedly pressuring Bowdoin was fear that the Ponzi could come tumbling down before enough new members were recruited to keep cash churning and the facade of a successful and lawful business in place. Yet-another was fear that insiders, ordinary members and even employees could turn on him. Still-another was fear that a government intervention could occur at any time, according to the affidavit.
Of the millions of dollars that had flowed into ASD, “less tha[n] $25,000 was derived from independent revenue,” according to the affidavit. The rest had come from members and was being recycled in classic Ponzi scheme fashion, with Bowdoin initially empowering himself and a “silent partner” to rake 10 percent of ASD’s “gross sales” and split it evenly: 5 percent each.
But even as he was in Washington in June 2008 to receive an award he positioned as a Presidential acknowledgment of his business acumen, Bowdoin knew that his silent partner posed a risk to him, according to the affidavit.
That silent partner, according to the affidavit, was Bowdoin’s “sponsor” in 12DailyPro, an autosurf the SEC accused of running a massive Ponzi scheme more than two years earlier.
Through his sponsor, Bowdoin had invested $100 in 12DailyPro. The money was lost quickly because the SEC shut down 12DailyPro soon after Bowdoin joined. But Neither Bowdoin nor his silent partner took the clue from the SEC’s action, according to the affidavit. Instead, they worked on ways to channel 12DailyPro-like revenue to themselves and disguise what they were doing.
“Based on his experience with 12daily Pro, and his review of the SEC’s filings against it, Bowdoin knew that a paid auto-surf program that promised returns of that magnitude and recycled member funds was a business model that was both unsustainable and illegal. He also knew that selling an unregistered investment opportunity to thousands of investors was illegal. Nevertheless, after the collapse of 12daily Pro, Bowdoin agreed with his 12daily Pro sponsor to start a similar autosurf program. Both individuals were aware that, before its collapse, 12daily Pro had taken in millions of dollars from its members.”
Under Bowdoin’s agreement with his silent partner, Bowdoin was responsible for managing ASD’s operations. The partner, meanwhile, was responsible for marketing ASD.
In December 2006, about a year and a half prior to Bowdoin’s June 2008 trip to Washington amid claims he was receiving a Presidential award for business smarts, Bowdoin arbitrarily slashed the silent partner’s cut of the upstart ASD business from 5 percent of the gross to 1 percent, according to the affidavit.
Despite the fact Bowdoin had been a 12DailyPro member recruited into that SEC-smashed Ponzi scheme by the same person who’d later emerge as his silent partner in ASD, Bowdoin explained to the silent partner that he — meaning Bowdoin — “was performing most of the work, and bearing most of the risk in operating ASD,” according to the affidavit.
With those words, Bowdoin imposed a pay cut on the silent partner, who later asserted Bowdoin had ripped him off, according to the affidavit.
In August 2008, during a search of Bowdoin’s home in Quincy less than two months after the Washington jaunt and the Presidential claims, the Secret Service found Bowdoin’s handwritten notes from December 2006 that “show his and his silent partner’s awareness of the risks of the auto-surf program they were conducting,” the Secret Service said in the affidavit.
“Bowdoin’s notes indicate that he told his silent partner that the partner should have made him better aware of those risks ‘knowing regulators were on the prowl for surfing sites,’” the Secret Service alleged.
It is known from other documents that the Secret Service opened the ASD probe after becoming aware of the company on July 3, 2008, about 17 days after Bowdoin had ventured to Washington amid claims he’d be be receiving a Presidential award and dining with President George W. Bush and Vice President Dick Cheney.
One of the documents is a 57-page evidence exhibit that includes surveillance photos taken in Quincy prior to the seizure of tens of millions of dollars from Bowdoin’s 10 personal bank accounts, one of which allegedly contained more than $31.6 million. The Secret Service was alarmed as it began the process of peeling back layers of the onion, according to court records
Before July had come to a close, the agency — confronted with a murky fact set and trying to figure out how a man who claimed to have had a remarkable business career that had captured the attention of the President of the United States — had assigned multiple undercover agents to the ASD case.
One of the earliest puzzles to solve, according to court documents, was that Bowdoin had left behind a string of dissolved companies in Florida and professed to be wealthy — but had “earned no significant income from legal employment in the twenty years prior to his commencement of ASD’s operation.”
As the investigation progressed, according to court documents and the February 2009 affidavit, agents discovered that ASD had “special” members who provided Bowdoin start-up capital to varying degrees. These “special” members were grouped as members of ASD’s “President’s Circle,” “President’s Advisory Board” and “President’s Advisory Counsel,” and also knew about the 12Daily Pro Ponzi.
At least “some” of them, according to the affidavit, counseled Bowdoin not to use the name he initially contemplated in 2006 for the upstart enterprise: DailyProSurf.
Some of the special members, who were entitled to higher compensation than ordinary members, “complained” that DailyProSurf sounded too much like 12DailyPro. In response to the concerns, the enterprise abandoned the DailyProSurf name and used the name AdSurfDaily as a means of avoiding “law enforcement scrutiny,” according to the February 2009 affidavit.
The document did not name the “special” members. It was filed under seal on Feb. 26, 2009, during a period in which an autosurf known as AdViewGlobal (AVG) was launching. AVG may represent the fourth iteration of ASD, one launched months after the seizure of Bowdoin’s bank accounts by the Secret Service in August 2008.
AVG’s name is not referenced in the February 2009 affidavit. In June 2009, however, AVG’s name surfaced in a racketeering lawsuit brought against Bowdoin and North Carolina attorney Robert Garner. In September 2009, the government made a veiled reference to AVG in court filings.
Lawyers Referenced In Secret Service Affidavit As Bowdoin’s Partners In LaFuenteDinero, The ‘Spanish’ ASD
NOTE: The PP Blog became aware in 2010 that the government had subpoenaed at least three North Carolina attorneys, including Robert Garner, in the ASD case. The other two attorneys were husband and wife. The husband, who was sentenced to a year in federal prison in 2006 for lying to the FBI in a real-estate case, was disbarred in 2009. Bowdoin challenged the subpoenas, arguing that his communications with the lawyers were privileged. A federal judge ruled that the attorneys had to testify.
The Blog, which previously has published stories that reference Garner, is doing so again today. Garner is listed in Nevada records as a “director” of AdSurfDaily Inc., with Bowdoin as the president, secretary and treasurer. However, the Blog is choosing today not to publish the names of the husband-and-wife attorneys, but reserves its right to do so in the future.
Moving on . . .
One of the most stunning allegations in the February 2009 Secret Service affidavit, which became a public record when the seal was lifted in May 2009 and which the PP Blog is reporting on for the first time today, was that two of the North Carolina lawyers were proposed as Bowdoin’s business partners in LaFuenteDinero (LFD). LFD was ASD’s so-called Spanish autosurf. The proposal was made by one of the lawyers, who described the other lawyer as his “law partner.”
The section below is verbatim from the February 2009 Secret Service affidavit:
“In approximately September or October 2007, ASD’s North Carolina lawyer suggested to Bowdoin that they should start a new site that was in Spanish. In addition, the North Carolina lawyer suggested that the company associated with this site should be set up off shore because when these type of companies raise too much money the government comes in and shuts them down. The North Carolina lawyer recommended that he, his ‘law partner’ and Bowdoin would each share ownership of the Spanish site (as 1/3 share partners). In return for the others’ ownership interests, the North Carolina lawyer and his associate would handle the incorporation work and all of the work needed to move operations offshore.”
By early 2008, with nearly a year and a half of troubled operation under its belt and a Ponzi collapse that had caused ASD to cease operations for weeks in 2007 as it tooled up for a second try under the ASD Cash Generator brand, Bowdoin was growing “suspicious” of at least one of the North Carolina lawyers, according to the affidavit.
“In February 2008, Bowdoin, the North Carolina lawyer and an ‘Internet marketer’ discussed expanding ASD by beginning a new site in Chinese, which would be called Golden Panda Ad Builder,” according to the affidavit. “The North Carolina lawyer suggested a person that would be well suited to run the site offshore, but Bowdoin was beginning to get suspicious of the lawyer. Bowdoin decided, instead, to split the Chinese site with the Georgia minister. Bowdoin told the Georgia minister that ASD had no outside income sources and that ASD’s survival was depend[e]nt on an ever growing base of new contributors. The Georgia minister began working on developing the Chinese auto-surf site.”
‘Georgia Minister’ Allegedly Caught Stealing By ASD Employees; Bowdoin Allegedly Stays Silent About Theft
Bowdoin, according to the affidavit, confronted trouble from any number of fronts. One of his colleagues — the “silent partner” who had been Bowdoin’s 12DailyPro sponsor whose rake Bowdoin allegedly had slashed after they started ASD — told Bowdoin he believed he was owed $20,000 and threatened to expose ASD’s new operation.
“Bowdoin agreed to compensate the sponsor” after initially balking, according to the affidavit.
And Bowdoin also was under pressure from the “North Carolina lawyer” to move the ASD operation offshore — counsel Bowdoin earlier had resisted but agreed to explore in April 2008, despite his suspicions about the lawyer, according to the affidavit.
During the first half of 2008, with Golden Panda still not off the ground during a period in which the “Georgia minister” had access to ASD’s computer system, ASD employees began to complain that the minister was “padding” his ASD account by “secretly using his access to the computer system to increase his/relatives’ number of ad packages,” according to the affidavit.
Bowdoin personally investigated the complaints, comparing the “Georgia minister’s” account with banking records.
Bowdoin “confirmed for himself that the Georgia minister was in fact stealing money from ASD by creating free ad packages,” according to the affidavit. “When confronted, the Georgia minister denied the allegations and asserted that he had proof that the ad packages he created flowed from legitimate deposits of funds into ASD’s bank accounts. The Georgia minister never showed Bowdoin this proof, however, and each time Bowdoin or someone else inquired about the evidence of deposits, the Georgia minister created an excuse to explain why he did not then have it.”
Instead of firing the Georgia minister and ending the relationship, “Bowdoin did not pursue the matter,” according to the affidavit.
Things took a dramatic turn “in about June 2008,” when ASD employees discovered that “the Georgia minister had been permanently enjoined by a court from committing violations of the federal securities laws.
“When ASD employees disclosed this information to Bowdoin, they told him that ASD needed to distance itself from the minister,” according to the affidavit. “Bowdoin agreed to severe his ties to the Golden Panda operation after several ASD employees indicated that they were unwilling to work with the Georgia minister.”
Walter Clarence Busby Jr. of Acworth, Georgia, has been identified by the government in other court filings as Bowdoin’s Golden Panda partner. Separate court documents describe Busby as a minister and real-estate professional, and the SEC described Busby in 1997 as a prime-bank swindler.
In court filings in the ASD case, Busby advised Collyer that he had prevailed upon another minister to assist him in arranging a relaxing day of fishing with Bowdoin in April 2008. During that same month, according to the February 2009 Secret Service affidavit, Bowdoin ventured to Central America with his wife and a “North Carolina lawyer.”
The fishing excursion took place in Brunswick, Georgia, on April 11, 2008, according to court filings by Busby. Five days later, according to the February 2009 Secret Service affidavit, Bowdoin was in Panama and Costa Rica, discussing ASD business and the formation of the La Sorta Trading firm.
Coming later: Government moves against money in ASD-related bank accounts in Iowa and other states.
James Clark Howard: Source: Boca Raton Police Department
UPDATED 2:25 P.M. EDT (U.S.A.) In a complex case unfolding in Florida, the SEC has filed fraud charges against two companies that allegedly sold unregistered securities and conducted a $27.5 million “investment scheme” involving “purported commodities contracts.” A receiver has been appointed to marshal the assets of the murky businesses, which are known as Commodities Online LLC and Commodities Online Management LLC.
Millions of dollars generated in the scheme were moved to Mexico and the Netherlands even as the SEC was issuing subpoenas in the case last month, according to court filings. The agency described the transactions as “extremely suspicious.”
Although the SEC successfully halted the alleged Commodities Online scheme on April 1, the only defendants named to date are the companies themselves. The agency described the individuals presiding over the scheme — a former managing member and a vice president — as convicted criminals.
One of the individuals, according to the SEC, was a “convicted felon who was, in March 2010, charged with grand theft and organized scheme to defraud in conjunction with an unrelated Ponzi investment scheme.”
The other, according to the SEC, was an individual who “pled guilty to bank fraud and narcotics charges in 2005 and to transmitting a threat to injure charge in 2007.”
The PP Blog confirmed that, on March 5, 2010, the Boca Raton Police Department arrested James Clark Howard, who is listed as a “managing member” of Commodities Online LLC in documents filed with the Florida Department of State on Jan. 26, 2010.
Howard was charged with grand theft and organized scheme to defraud in a Ponzi case that may involve as many as five companies and their associates acting in concert to scam investors. Boca Raton authorities said the Florida Office of Financial Regulation also was conducting an investigation.
On Feb. 11, 2011, Louis Gallo was identified as a manager of Commodities Online Management LLC in records filed with the Florida Department of State. The Sun Sentinel newspaper reported that Gallo is “on probation for bank fraud and a cocaine charge out of New Jersey federal court.”
AdSurfDaily Member And Surf’s Up Mod Emerges As Figure In New Florida Flap
Other records show that, on Sept. 15, 2010, a Nevada-based company that listed former AdSurfDaily member and Surf’s Up moderator Terralynn Hoy as a “director” sued Howard and others in federal court in Fort Lauderdale. The Nevada company — SSH2 Acquisitions Inc. — alleged that Howard and the others were running a Ponzi scheme into which SSH2 had plowed $39 million.
Hoy, who has not been accused of wrongdoing, was a member of Florida-based AdSurfDaily, which the U.S. Secret Service said in August 2008 was conducting an international Ponzi scheme involving tens of millions of dollars. After the ASD seizure, Hoy became a moderator at the pro-ASD “Surf’s Up” forum, which mysteriously vanished in January 2010 after cheerleading nonstop for ASD President Andy Bowdoin for more than a year.
Bowdoin was the target of a federal criminal probe the entire time Surf’s Up operated, according to court filings. In November 2008, just days after a key court ruling went against ASD, the firm endorsed Surf’s Up as its mouthpiece.
By February 2009, Hoy became a conference-call host and moderator of a now-defunct forum that promoted the now-defunct AdViewGlobal (AVG) autosurf. AVG, which had close ties to ASD, launched in the aftermath of the federal seizure of more than $80 million in ASD-related assets, the filing of two forfeiture complaints against ASD-related assets and the filing of a civil racketeering lawsuit against Bowdoin.
On June 30, 2009 — one day after Bernard Madoff was sentenced to 150 years in federal prison for his colossal Ponzi scheme — lawyers suing Bowdoin for racketeering alleged that AVG was an extension of ASD. In September 2009, federal prosecutors made a veiled reference to AVG in court filings in the ASD case.
AVG disappeared in June 2009, about a month after the grand jury that ultimately indicted Bowdoin for wire fraud, securities fraud and selling unregistered securities as investment contracts began to meet. The indictment against Bowdoin was unsealed in November 2010, and Bowdoin was arrested in Florida on Dec. 1, 2010.
Surf’s Up was known for unapologetic, unabashed cheerleading for Bowdoin, whom prosecutors said had swindled investors in Alabama in a previous securities caper during the 1990s. Clarence Busby, an alleged business partner of Bowdoin and the operator of the Golden Panda Ad Builder autosurf, swindled investors in three prime-bank schemes in the 1990s, according to the SEC.
More than $14 million linked to Golden Panda was seized as part of the ASD case — and yet the cheerleading for Bowdoin continued on Surf’s Up. The forum labeled ASD pro-se litigant Curtis Richmond a “hero” after he accused the judge and prosecutors of crimes in 2009.
Richmond was associated with a Utah “Indian” tribe a federal judge in a separate case ruled a “complete sham” after it filed enormous judgments against public officials in performance of their duties. Regardless, the cheerleading on Surf’s Up continued — even after it was revealed that Richmond had a contempt-of-court conviction for threatening federal judges and had been sued successfully under the federal racketeering statute by the Utah public officials and was ordered to pay nearly $110,000 in penalties and damages.
Federal prosecutors now say they have linked ASD to E-Bullion, a shuttered California payment processor whose operator — James Fayed — is accused of arranging the contract murder of his wife, a potential witness against him in a fraud case. E-Bullion has been linked by investigators in the United States and Canada to multiple Ponzi schemes.
SSH2, the company that listed Hoy as a director, alleged in September 2010 that Howard was part of a Ponzi scheme that also involved Patricia Saa, Sutton Capital LLC and Rapallo Investment Group LLC.
Howard had been arrested by the Boca Raton Police Department in March 2010, about six months before SSH2 accused him in the September 2010 lawsuit of operating a Ponzi scheme. In the lawsuit, SSH2 said it had conducted business with the defendants from “early 2009 through March 2010,” and ultimately turned over $39 million.
Howard and the defendants, according to the lawsuit, told SSH2 it was trading in commodities and “would produce profits of 40% per month or more, while not risking any of the invested funds.”
SSH2 did not say in the complaint how it had come to believe that a return of 40 percent a month with no risk was possible. Nor did the company describe its efforts to conduct due diligence on Howard and the other defendants.
Of the $39 million directed at Howard and the other defendants, SSH2 received back approximately $19 million in “fake and fraudulent ‘profits,’” according to the lawsuit.
If SSH2’s assertions that it conducted business with Howard and the others beginning in “early 2009” and expected a return of 40 percent a month are true, it means that the business was being conducted in a period after which both the Bernard Madoff Ponzi scheme and the alleged AdSurfDaily Ponzi schemes were exposed.
Both Madoff and ASD bragged about returns that were far less than the monthly returns allegedly offered by Howard and the other lawsuit defendants.
Madoff’s fraud was exposed in December 2008, about four months after ASD’s alleged fraud was exposed.
And if SSH2’s assertions against Howard and the others are true, it also means the transactions occurred during a period in which Hoy, later to emerge as an SSH2 director, also was moderating forums for ASD and AVG and also was serving as a conference-call host for AVG, which purported to operate from Uruguay and enjoy protection from U.S. regulators because of its purported “private association” structure.
ASD’s Bowdoin initially ceded the money seized by the Secret Service in January 2009, dropping his claims to the cash “with prejudice.” By the end of February 2009, however, Bowdoin sought to reenter the case as a pro se litigant and renew his claim to the money, which totaled about $65.8 million.
Bowdoin’s sudden reappearance in a case he had abandoned coincided with a meeting AVG reportedly conducted with Karl Dahlstrom, a convicted felon. In March 2009 — in a letter posted on Surf’s Up — Bowdoin claimed he had decided to reenter the case after consulting with a “group” of ASD members. Bowdoin did not name the members, but chided federal prosecutors in his letter, writing that his pro se pleadings should “really get their attention.”
For the balance of 2009, Surf’s Up continued to cheerlead for Bowdoin, despite the fact he never told the membership at large about a second forfeiture complaint that had been filed against ASD-connected assets in December 2008. Bowdoin also did not inform ASD members that he had been sued for racketeering and had signed a proffer letter in late 2008 or early 2009 and acknowledged that prosecutors’ material allegations against ASD were all true.
Surf’s Up continued to operate even after prosecutors revealed the existence of the proffer letter. In Bowdoin’s own court pleadings, he had acknowledged he had given information against his interests to prosecutors. Bowdoin said he hoped to work out a deal by which he could avoid prison time, despite the fact prosecutors had alleged he was at the helm of a massive Ponzi scheme.
In October 2008 — at the conclusion of an evidentiary hearing ASD had requested — Surf’s Up conducted an online party for ASD members, complete with images of champagne and fireworks. Members were fed one-sided accounts of what had happened at the hearing, and a federal prosecutor was described derisively as “Gomer Pyle.” ASD’s lawyers were described as the “Perry Mason” team.
A month later — in November 2008 — U.S. District Judge Rosemary Collyer ruled at ASD had not demonstrated at the hearing that it was a lawful business and not a Ponzi scheme. The AVG forum led by some of the Surf’s Up mods, including Hoy, launched shortly thereafter, and the Surf’s Up forum soldiered on.
AVG was positioned as a way for members to make up their losses in the alleged ASD Ponzi scheme.
Surf’s Up became infamous for deleting comments and information unflattering to Bowdoin. The forum also was used to hatch a rumor that the prosecution secretly had admitted ASD was not a Ponzi scheme but was clinging to the case in a bid to save face.
As time progressed, dozens of pro se litigants attempted to intervene in the ASD case, claiming the government had no “EVIDENCE.” These filings occurred despite the fact that some of the evidence had been a matter of public record since August 2008.
Critics referred to Surf’s Up, whose formal name was the ASD Member Advocates Forum, as the AS[Delusional] forum. Various tortured explanations for Bowdoin’s conduct appeared on the forum, and there were calls for a “militia” to storm Washington, D.C., and for a prosecutor to be placed in a medieval torture rack. Prosecutors and federal agents were derided as “goons” and “Nazis,” and critics were derided as “maggots.”
The SEC’s Case Against Commodities Online
On April 1, the SEC filed an action against Commodities Online that alleged it was selling unregistered securities and operating a commodities fraud that had absorbed at least $27.5 million. Florida attorney David S. Mandel was appointed receiver.
“In connection with the unregistered securities offerings, the Defendants made numerous material misrepresentations and omissions regarding the nature of Commodities Online’s business model and operations, the risks and earnings associated with investing in its securities, and the background of its co-founder and vice-president,” the SEC charged.
“On December 15, 2010, Commodities Online announced on its website that ‘[t]o date, we have 32 contract offerings that have been completed for which our steadfast subscribers have been paid. The dollar total of these contracts is approximately $7.5 million and the payout was in excess of $8.5 million, producing an average earning of over 14.5%.’
“That statement was untrue,” the SEC charged. “There is no evidence to support this amount of investor return. In fact, Commodities Online’s bank records show a net loss for the companies associated with these promised contracts. Further, the company’s records show a net outflow of cash for each of these associated companies.”
By March 14, 2011, the SEC charged, Commodities Online had upped its number of purported successful contracts to 48. That claim also was untrue, the agency charged.
Referring to Howard but not naming him, the SEC said that the company “failed to disclose that in 1997, he was convicted of federal narcotics and firearms felonies and sentenced to 57 months in prison. The Defendants never disclosed his past criminal background to investors either through the Commodities Online website or any other company communication to investors.”
Referring to Gallo but not naming him, the SEC said that, in 2005, he “pled guilty in the United States District Court for the District of New Jersey to bank fraud and narcotics charges.
“In 2007, in the same court, he pled guilty to transmitting a threat to injure,” the SEC continued. “He is currently serving a three-year term of supervised release, which expires in July 2011.”
In a separate filing accompanying the complaint filed on April 1, the SEC said that Commodities Online “recently sent approximately $3.8 million to entities and individuals in Mexico and the Netherlands.”
Investigators deemed the transactions “extremely suspicious,” given that the transactions allegedly occurred between March 15, 2001, and March 25, 2011. The SEC said it issued subpoenas to the defendants on March 15, the same day the international transactions began to occur.
Bartow County Bank, which once held deposits tied to Golden Panda Ad Builder and the alleged AdSurfDaily Ponzi scheme, has failed in Georgia.
The Georgia Department of Banking and Finance closed the small bank today and appointed the FDIC receiver. Bartow once held $644,266 linked to Golden Panda, federal prosecutors said in a December 2008 forfeiture complaint.
Bartow’s failure is expected to cost the Deposit Insurance Fund nearly $70 million, the FDIC said. Georgia leads the United States in bank failures.
Golden Panda President Clarence Busby and his daughter, Dawn Stowers, voluntarily ceded the money in the Bartow account to the government more than two years ago, according to court filings. U.S. District Judge Rosemary Collyer formerly ordered the money forfeited on March 31, 2010.
Golden Panda was the purported “Chinese” arm of the Florida-based ASD “autosurfing” enterprise, which prosecutors said was a $110 million Ponzi scheme. Most of the money from the scheme was routed through Bank of America, according to court filings.
Busby, who was implicated by the SEC in three prime-bank schemes during the 1990s, advised Collyer in 2008 that Golden Panda was formed after a “relaxing” day of fishing with Bowdoin and a minister on a Georgia Lake.
Along with the more than $644,000 in Golden Panda cash seized in the December 2008 forfeiture case, prosecutors also seized an $800,000 building in Florida for which Bowdoin had paid cash, according to court filings.
Prosecutors also seized a boat, cars and other equipment in the December 2008 complaint. In a forfeiture complaint filed in August 2008, prosecutors seized nearly $80 million held in Bank of America accounts, including $65.8 million in 10 accounts in Bowdoin’s name, and $14 million in Golden Panda-related accounts.
Collyer ordered Bowdoin’s money forfeited in January 2010. Golden Panda’s money was ordered forfeited in July 2009.
As was the case with many things associated with ASD, the December 2008 forfeiture case turned into Theatre of the Absurd. Although Bowdoin family members were named beneficiaries of much of the fraud outlined in the December complaint, neither Bowdoin nor a family member entered claims for the seized property.
Regardless, Bowdoin filed an appeal after Collyer ordered the money and property forfeited.
The FDIC said today that Bartow County Bank will repoen tomorrow as a branch of Hamilton State Bank. Bartow’s failure will cost the Deposit Insurance Fund an estimated $69.5 million.
“The FDIC and Hamilton State Bank entered into a loss-share transaction on $247.5 million of Bartow County Bank’s assets,” the FDIC said. “Hamilton State Bank will share in the losses on the asset pools covered under the loss-share agreement.”
Four other U.S. banks failed today, bringing the year-to-date total to 34. In 2007, only three banks failed in the United States.
Eight banks have failed in Georgia so far this year. Two have failed in Florida.
After the assets of ASD and Golden Panda were seized, some members immediately turned their attention to promoting other autosurfs. They also pushed HYIPs and cash-gifting schemes, saying the miserable businesses were a good way to make up for ASD/Golden Panda losses.
When an MLM program known as MPB Today launched in Florida last year, promoters urged foreclosure subjects and Food Stamp recipients to part with their money to join the business. Records show that one of the banks MPB Today used was operating under a consent agreement with the FDIC.
MPB Today said last year that it had recruited more than 30,000 members.
Florida has one of the highest foreclosure rates and bank-failure rates in the United States.
“[I]f this company doesn’t have sales, it’s not a viable company. Every company has to have sales that’s what makes this company work because the great business model, not because it has a lot of outside resources, but with that said we have a lot of things planned in the next weeks and months ahead. This will create lots more wealth for you.”— Federal prosecutors, quoting Golden Panda Ad Builder President Clarence Busby in August 2008 forfeiture complaint that seized $80 million in the ASD/Golden Panda Ponzi case.
“Our electronic wallet offered by our financial partners can make a great difference to you and your family. If you don’t utilize these programs and services and take advantage of everything that Club Asteria offers, you are not helping yourself. Our services are priceless — but only if you take advantage of them.
“We are privileged to work for you and we hope that you feel privileged to be part of our Club that is striving to make a real difference for you and the rest of the world. When the revenue sharing is announced each week, remember that we are doing our part to bring about the best services and products — you need to do your part as well to maintain the highest revenue sharing.”— Club Asteria announcement to members, April 2, 2011.
Members of Club Asteria, an online “opportunity” that trades on the name of the World Bank, purportedly issues member payments from Hong Kong and is promoted on Ponzi scheme and criminals’ forums as a “revenue sharing” business, now say that the club’s worldwide membership roster has swelled to more than 230,000.
A new wave of “I got paid” posts appeared on TalkGold and MoneyMakerGroup over the weekend, and promoter “manolo” announced that a “matching bonus” program had been extended through April. Separately, other Club Asteria members are seeking to drive business to the firm, which touts its relationship with offshore payment processors, by issuing press releases in multiple languages.
Google News has picked up a number of the releases in recent days, including one dated March 28 that touts a Miami-based promoter and claims “Club Asteria is exploding in every corner of the world.”
When clicked, a URL in the press release takes visitors to a text and audio pitch for Club Asteria. “Some members are making in excess of $20,000 US Dollars per month,” the promo claims in bold. Prospects who pay Club Asteria a fee of $20 to join as a “GOLD Member” are offered a coaching program that promises the “best tips and tricks that you WILL need to succeed with Club-Asteria!” according to the promo.
Google rejected an application by the PP Blog in June 2010 to become part of its Google News service. The PP Blog covers online fraud schemes and is written by a journalist with more than 20 years’ experience.
“[W]e’re unable to include it in Google News at this time,” Google advised the Blog. “We don’t include sites that are written and maintained by one individual.”
Some Club Asteria members say the company is based in the United States. Why payments purportedly are issued from Hong Kong is unclear.
Forum posts that declare “I got paid” have been associated with Ponzi schemes that spread virally on the Internet. Such schemes have used press releases to sanitize the business “opportunities,” and also have made use of “matching bonus” programs and offshore processors.
A March 30 sales pitch from a Club Asteria promoter claims the program “ia (sic) a basically (sic) Human Development Program.”
The pitch continues with an all-caps paragraph that purportedly defines what the program is not and includes 15 exclamation points.
“A CHANCE TO CREATE INCOME FOR LIFE…!!! YES…!!! INCOME FOR LIFE FINANCIAL FREEDOM…!!! CLUB ASTERIA EARN AND SHARE, NO SCAM, NO HYIP, NO PONZI, NO GET RICH QUICK SCHEME. EARN $ 400 EVERY WEEK FOR LIFE LONG. JUST A TRUE INVESTMENT AND A GREAT WAY TO EARN AND SHARE THE WEALTH WITH ALL THE PEOPLE OF THE WORLD. RUN BY FORMER DIRECTOR OF THE WORLD BANK ANDREA LUCAS. NOW CLUB-ASTERIA IS PRELAUNCH PHASE. GET ON NOW TO GRAB PRELAUNCH OFFERS…!!! JOIN NOW…!!!”
Preemptive claims that emphasize what a program is not also have been associated with Ponzi schemes.
The World Bank said last month that it once employed a person named Andrea Lucas, but that she left her job as a department head in Washington, D.C., in December 1986, nearly 25 years ago. Lucas was not a member of the World Bank’s board of directors, as hundreds — and perhaps thousands — of promotions for Club Asteria have implied.
Some Club Asteria members have identified Lucas as a former World Bank “Vice president” and “Chairman.”
Although Club Asteria has been promoted as a “passive” investment opportunity in which customers would simply register, pay a fee and earn money from the efforts of others, Club Asteria now appears to be trying to distance itself from those claims — while keeping the “matching bonus” program intact.
Claims that members can make money passively by simply paying a fee and relying on Club Asteria to generate profits leads to questions about whether the company and its army of affiliates are selling unregistered securities as investment contracts. On March 17, the company said that members who registered for its program and paid a fee were in position to “help the people of Japan” after last month’s devastating earthquake.
About two weeks later, Club Asteria suggested that members were overselling the earnings program and making false claims.
“The revenue will go up or down depending on how many members actively take advantage of utilizing and/or selling any one of our programs or services,” Club Asteria said in an April 2 note on its website. “If anybody has told you something different, they are mistaken and incorrect. We share our revenue that is earned by our membership. There is no guarantee. It would be impossible to guarantee this.”
Club Asteria members earned a payout of 4.01 percent last week, according to “akledba,” who was posting on the MoneyMakerGroup Ponzi forum in 36-point type.
“Wow, that is great,” replied MoneyMakerGroup member “strosdegoz.”
“I didn’t realize it was higher than last week,” strosdegoz noted. Below the post was a link for a program called “Exotic FX,” which bills itself a “PRIVATE ASSET HAVEN.”
MoneyMakerGroup is referenced in U.S. federal court filings as a place from which the alleged Pathway to Prosperity and Legisi Ponzi schemes were promoted. The schemes gathered more than $140 million, according to court filings.
Club Asteria did not say how much money it had collected as a result of purported misrepresentations by members or how members could be assured that the firm’s money stream was free of Ponzi and scam proceeds. The company does not publish verifiable financial data. Because the “opportunity” is being promoted on well-known Ponzi forums, it is possible that serial fraudsters have polluted Club Asteria’s revenue stream with proceeds from autosurf fraud schemes, HYIP fraud schemes, MLM fraud schemes, Forex fraud schemes, “arbitrage” fraud schemes and other forms of online fraud.
“Matching bonus” programs have been one of the hallmarks of online Ponzi schemes, some of which swelled to victimize tens of thousands of participants. AdSurfDaily, an “autosurf” firm that also was promoted on the Ponzi boards, routinely used matching bonuses to attract prospects. ASD’s membership ranks swelled to 120,000, according to promos for the firm, which now is accused of operating an international Ponzi scheme that gathered at least $110 million.
In 2009, a firm known as AdViewGlobal (AVG), which is said to have recruited 20,000 members in only weeks after the seizure of ASD-related assets, also used matching bonuses. One promoter claimed that $5,000 sent to AVG turned into $15,000 “instantly.” AVG also was promoted on the Ponzi boards.
AVG collapsed in June 2009. Private attorneys suing ASD President Andy Bowdoin in a racketeering case have referenced AVG in court filings. Federal prosecutors who brought both civil and criminal charges against ASD have made veiled references to AVG in court filings.
Recent promos for Club Asteria have made claims such as these (below): (NOTE: These are verbatim and are from multipe websites, all of which could be driving money to Club Asteria.)
“Earn a realistic $400 a week… PASSIVELY!”
“Discover How You Can Earn $400 Per Week Passively With No Sponsoring Requirement And How To Make Money Starting Now!”
“We help you become financially secure, YOU help others become financially free. We are restoring balance of financial equality.”
“Join Our TEAM and Earn $400 weekly for $20”
“Club Asteria” A site of “World Bank’s former Vice president Andrea Lucas”
“We all can be millionaires in 2 years if we can afford to invest N15,300 ($100). Thanks to ANDREA LUCAS, a former World Bank Director who established the investment outfit, CLUB ASTERIA.” (Continued below graphic.)
This Club Asteria promo, which trades on the names of Google, Yahoo, MSN and America Online, claims Club Asteria members earn $400 a week "passively." Such claims lead to questions about whether Club Asteria members are selling unregistered securities as investment contracts.
“Be 100% passive and still earn $400 weekly from Real/Legal/Safe Co.”
“Hi, club Asteria is founded by former world bank Chairman. running in 141 countries worldwide,21 years experience,its main aim is to eradicate poverty by giving micro-loans.If u pays $20 monthly for life-long by taking gold membership,you earn weakly $400 for lifelong from 19 th Month.No-referrals.But,If u refer one member, U get $9 monthly for lifelong.”
BULLETIN: Andy Bowdoin and AdSurfDaily Inc. have lost their appeal of a January 2010 order by U.S. District Judge Rosemary Collyer that $65.8 million be forfeited to the government in the August 2008 civil Ponzi scheme case against Bowdoin’s assets.
The U.S. Appeals Court for the District of Columbia unanimously upheld Collyer, rejecting Bowdoin’s claims he had been denied due process and been hoodwinked by his former attorneys into releasing his claims to the seized cash in January 2009.
“To begin with, there can be no doubt that appellants meant to withdraw their claims,” the panel ruled. “Their withdrawal motion expressly stated that they wished to ‘withdraw and release with prejudice’ their verified claims and that they ‘consent[ed] to the forfeiture of the properties.”
“Nor is there any basis to conclude that appellants were somehow tricked into releasing their claims,” the panel continued. “Despite Bowdoin’s protests to the contrary, his own affidavit shows that he understood well that he was receiving no promise in return for relinquishing his claims.”
Bowdoin’s withdrawal of his claims was “free and deliberate,” the panel ruled.
Although Bowdoin blamed one of his former lawyers for giving him bad advice, the appeals panel said nonsense.
“[F]ar from being negligent, appellants’ attorney had sound reasons for recommending that they cooperate with prosecutors by relinquishing their claims,” the panel ruled.
The ruling means that the government now has title to about $80 million seized in the ASD case. Bowdoin lost a previous appeal for a smaller sum in a separate forfeiture action brought in December 2008, and Collyer ordered the forfeiture of more than $14 million from Golden Panda Ad Builder in July 2009.
Golden Panda was the purported “Chinese” arm of ASD. It was operated by Clarence Busby, whom the SEC had implicated in three prime-bank schemes in the 1990s, according to court filings.
About $65.8 million of the total sum seized in the August 2008 forfeiture case was in Bowdoin’s personal bank accounts, including one account that contained more than $31 million.
Bowdoin initially released his claims to the money in January 2009. By late February of the same year, he sought to reassert his claims as a pro se litigant. He ultimately retained new counsel, and unsuccessfully sought to have Collyer removed from the case.
Collyer refused to step down, and issued the forfeiture order for $65.8 million in January 2010. At least one other ASD member also sought unsuccessfully to force Collyer to disqualify herself from hearing the case.
That member — Curtis Richmond — accused the judge of treason. In a separate case in Utah in 2008, Richmond claimed a federal judge owed him $30 million. That judge, too, refused to step down, finding that a purported Indian tribe with which Richmond was associated was a “sham.”
Richmond has claimed to be a “sovereign” being, as have other people with ties to ASD.
Bowdoin was charged criminally with wire fraud, securities fraud and selling unregistered securities in December 2010. The U.S. Secret Service said he was operating a Ponzi scheme that had gathered at least $110 million by disguising itself as a “advertising” business.
ASD perhaps created as many as 40,000 victims, according to court filings. The civil portion of the case featured dozens of templated, pro se filings from ASD members who asserted the government had no “EVIDENCE” of wrongdoing.
Almost three years into the case, some ASD members still are claiming the government has no evidence — despite the fact that the evidence has been discussed in open court and in public filings dating back to August 2008.
BULLETIN: Federal prosecutors now say that a Florida company whose operator is accused of running an international Ponzi scheme may have defrauded 40,000 or more victims and may not have entered all the names of people who gave it money into the firm’s database.
Andy Bowdoin, the president of AdSurfDaily, was indicted last month on charges of wire fraud, securities fraud and selling unregistered securities. Prosecutors now have revealed in court filings that the U.S. Secret Service seized ASD’s database during the probe, which began in July 2008.
ASD’s database contains 97,000 names, including the names of members who joined for free, prosecutors said in a motion that asks U.S. District Judge Rosemary Collyer to approve a plan by which websites would be used to help locate additional victims and keep victims in general informed about developments in the case.
“The government is not certain that this list is a complete list of all people who provided money to ASD and who potentially lost their money,” prosecutors said. “It appears from the investigation that there may be members who provided funds to ASD but whose information ASD did not enter into its database.”
Some ASD members claimed the company had as many as 120,000 members.
To date, prosecutors said they had identified “approximately 40,000 known potential victims.” The victims’ list includes “individuals who contacted the U.S. Attorney’s Office directly and identified themselves as losing money in their ASD investment, members who agents identified as potentially losing money with ASD and Golden Panda Ad Builder members.”
Golden Panda was the purported “Chinese” option for ASD members. It was operated by Clarence Busby of Georgia, according to court filings.
Bowdoin, prosecutors said in their motion, was operating ASD “essentially as his own piggy-bank.”
Beyond that, prosecutors said, “as far as the Government is aware, there is no available accurate compilation” of all individuals or entities that lost money in the scheme.
All victims have the right to be “reasonably heard” and to be kept up to date on proceedings, but the sheer number of ASD victims and a lack of records makes it “impracticable to give individualized notice to each potential victim.
A web-based system of notification through email and a government site and the remissions site set up by Rust Consulting Inc. of Minnesota will help victims stay informed of their rights, prosecutors said in their motion to Collyer.
“In light of the fact that Bowdoin operated an Internet based scheme, it is reasonable to assume that victims will have access to the internet and will be able to easily access information on the government’s website,” prosecutors said. “Moreover, the government will include on the remission website a link to the U.S. Attorney’s Office’s website for victims seeking information about public proceedings in the criminal case.
“The Government respectfully submits that the proposed notice procedure is reasonable to give effect to the rights of the potential victims in this case, and requests that the Court enter the proposed order,” prosecutors said.
Similar accommodations have been made in other securities-fraud cases, including the Bernard Madoff case, prosecutors said.
BULLETIN:UPDATED 6:27 A.M. ET (U.S.A., DEC. 18) The U.S. Secret Service and federal prosecutors have seized nearly $250,000 from two alleged ASD promoters and filed a new forfeiture complaint dated today.
More than $153,000 has been seized from a bank account controlled by ASD promoter Erma Seabaugh, known as the “Web Room Lady.” Seabaugh was a purported ASD “trainer,” prosecutors said.
She was accused in the complaint of accepting checks made out to ASD, depositing them into her bank account and transferring “ad packs” to her downline by using ASD’s internal system.
Meanwhile, more than $96,000 has been seized from bank accounts controlled by ASD member Robyn Lynn Stevenson, who operated a company known as Robyn Lynn LLC and worked briefly for ASD itself, prosecutors said.
At the same time, investigators seized nearly $500,000 from a bank account once controlled by ASD President Andy Bowdoin and nearly $50,000 from an account controlled by Golden Panda Ad Builder President Clarence Busby.
Busby, prosecutors said, already has ceded the money to the government. The money was ceded in September 2008, about two months after an undercover agent had been invited by an ASD member to listen to Busby talk in July 2008, as Golden Panda was ramping up for its formal launch.
The additional sum of nearly $500,000 ($496,505) seized from Bowdoin was a balance left in an account that once contained more than $31.6 million, prosecutors said. The lion’s share of the money in the account already has been declared forfeited, but agents worked out an agreement with Bank of America to permit about $500,000 to remain in the account on the date of the Aug. 1, 2008, seizure of Bowdoin’s assets.
The buffer was necessary to permit checks already drawn on the account prior to the effective date of the seizure warrant to clear, prosecutors said.
All in all, the forfeiture complaint filed today targeted $794,718 in illegal ASD proceeds, prosecutors said.
The seizure of cash tied to Seabaugh and Stevenson traced its roots to the opening days of 2009, months after the seizure of the lion’s share of money from Bowdoin’s bank accounts, according to the complaint.
On Feb. 26, 2009, U.S. District Judge Rosemary Collyer authorized the seizure of “up to” $213,693 in the name of “Carpe Diem or Erma Seabaugh,” prosecutors said. The seizure occurred one day after Bowdoin had signed a document in which he sought to reverse an earlier decision he made to submit to the forfeiture of tens of millions of dollars in his bank accounts, records show.
When the Secret Service executed the warrant to seize the money from Seabaugh, only $153,097 was found in the account, according to the complaint.
Between July 15 and July 30, 2008 — effectively the two week period leading up to the ASD seizure — Seabaugh received nine ASD checks totaling $203,993, prosecutors said.
On July 25, 2008, just days before the seizure of Bowdoin’s bank accounts, Seabaugh deposited into her bank account seven checks made out to ASD totaling $9,700 prosecutors said.
The checks came from “third parties,” and Seabaugh transferred a corresponding number of “ad packs” to the buyers by using ASD’s internal system, prosecutors said.
“Based on these facts, it appears Ms. Seabaugh was selling her own investment ‘ad packs’ to clients and representing herself as ASD,” prosecutors said.
Seabaugh had at least three ASD accounts and appeared to be using ASD’s “advertising” rotator to sell other pyramid schemes, prosecutors said. All three of the accounts used a form of the “Carpe Diem” name, according to the complaint.
One of Seabaugh’s ASD accounts was opened with a transfer of “ad packs” from La Fuente Dinero, yet-another autosurf scheme tied to ASD, prosecutors said.
Noting that Seabaugh deposited no “new money” into the account, prosecutors said she withdrew $83,994 from the account via checks from ASD.
Seabaugh recruited 48 ASD members, according to the complaint. She withdrew an additional $107,997 from another ASD account.
Stevenson, meanwhile, made only one deposit with ASD — for $500 — and yet received $96,525, prosecutors said. The withdrawals came in the form of 17 checks issued by ASD between July 10 and July 25, 2008, just days before the seizure of ASD’s assets, according to records.
The checks were deposited into two bank accounts that Stevenson opened July 31, 2008, one day before the seizure of Bowdoin’s bank accounts, according to records.
Separately, Bowdoin pleaded not guilty today to criminal charges filed against him in U.S. District Court for the District of Columbia. Prosecutors said he was at the helm of a massive Ponzi scheme that gathered at least $110 million.
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.
The testimonial signed "Mike DeBias" on a website pitching MPB Today purports that "Mike DeBias" sought "Divine Guidance" when using Google to find a sponsor for the purported grocery program, which operates as an MLM. Nevada records lists "Michael A. DeBias" as the operator of Alpha Market Research, the purported parent company of Websitetester.biz, which purports to have gathered 400,000 names and email addresses online in recent months. Websitetester purports to offer "jobs" and an opportunity to become a website "tester." What, precisely, WebsiteTester does is far from clear.
The Golden Panda Ad Zone forum, also known as the Online Success Zone (OSZ), appears to have died — again. Visitors are greeted with a note that says the forum is “currently unavailable.”
Like ASAMonitor, MoneyMakerGroup and TalkGold, OSZ was a site that pitched Ponzi schemes, pyramid schemes, cash-gifting programs and other highly questionable business “opportunities” such as a “program” known as WebsiteTester.biz.
OSZ first died quietly in the spring. It resurrected itself during the summer, and a poster sang the praises of WebsiteTester, a mysterious company that claims to have gathered 400,000 names and email addresses in recent months for a purported “jobs” and website “testing” opportunity.
WebsiteTester’s business model is far from clear. Although affiliates have said there is no downside for registering because the opportunity is “free,” the company says its legitimacy can be established by watching a video that shows no faces and reading a news release published by an anonymous author.
The purported opportunity has encountered a failed launch, a failed relaunch, server problems, substantial downtime and other problems — and yet somehow has amassed more than 19,600 Twitter followers, even though registrants don’t know exactly what they’re registering for.
Records in Nevada show that Michael A. DeBias is the president of Alpha Market Research, WebsiteTester’s purported parent company. A series of websites linked to the firm, however, are registered behind a proxy.
Separately, a person purported to be “Mike DeBias” of “Las Vegas” is listed as a provider of a testimonial on a website that hawks the purported MPBToday “grocery” program. The testimonial implies that “Mike BeBias” sought guidance from God when searching Google for an appropriate MPB Today sponsor.
“. . . I thought I would google-search for a sponsor that was more to my liking . . . I asked for Divine Guidance and the Force led me to you,” the testimonial reads in part. “Thank God, and Thank you.” It was signed, “Mike DeBias – Las Vegas, Nevada.”
It was not immediately clear if the “Mike DeBias” of “Las Vegas” referenced in the testimonial was the same “Michael A. DeBias” listed at the operator of Alpha Market Research, which purports to be based in Las Vagas.
What is clear is that WebsiteTester — like MPB Today — is being promoted on forums infamous for pitching Ponzi schemes. Promos for MPB Today have been targeted at Food Stamp recipients, senior citizens, the unemployed, people of faith, churches and victims of the alleged AdSurfDaily (ASD) Ponzi scheme.
The OSZ forum got its start in the aftermath of the August 2008 federal seizure of tens of millions of dollars from bank accounts linked to ASD and Golden Panda Ad Builder, ASD’s purported “Chinese” autosurf. Promos for other surfs — and “opportunities” such as cash-gifting schemes — were launched from the forum, even after one surf after another crashed and burned and ASD president Andy Bowdoin was sued for racketeering.
Clarence Busby, the alleged operator of Golden Panda, was implicated in three prime-bank schemes by the SEC in the 1990s. ASD’s Bowdoin was arrested in the 1990s for bilking investors in a securities swindle in Alabama, according to court records.
The ASD scheme has been linked to tax-deniers, “patriots,” people who engage in the credit-repair business, and at least one person who sought to imprison federal judges by having a bogus “Indian” tribe issue bogus arrest warrants. At least one ASD member declared himself “sovereign” in a bizarre court case, suggesting he enjoyed diplomatic immunity and answered only to Jesus Christ.
Another person linked to ASD filed court papers in Missouri that claimed a mortgage-foreclosure case could be halted in its tracks by posting a bond of $21 in “silver coinage.”
Appeals to religion frequently were displayed on the now-defunct “Surf’s Up” forum — a forum that had ASD’s official endorsement — and one HYIP program pitched from the forum used an image of Jesus Christ in a sales pitch. The HYIP later collapsed, after collecting an untold sum of money.
Court records suggest that a person believed to have been involved in ASD and other HYIPs also was engaged in cell-phone trafficking.
Prior to its series of deaths, the OSZ forum also promoted “programs” such as Narc That Car and Data Network Affiliates, both of which purported to be able to help law enforcement and the AMBER Alert program rescue abducted children. No evidence has surfaced that either Narc that Car or DNA has any capacity to help in the rescue of children. During the spring, DNA also purported to be in the cell-phone business.
Narc That Car since has changed its name to Crowd Sourcing International (CSI). Like DNA, CSI has an “F” rating from the Better Business Bureau.
Meanwhile, a separate website that is promoting MPB Today also is promoting DNA and at least 100 “surfing” programs. The programs are promoted MLM-style.
