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Tag: Sara Mattoon

  • BULLETIN: AdSurfDaily Apologists Circulate Plan To ‘Flood’ Judge With Letters Of Support For Jailed Ponzi Schemer Andy Bowdoin; Forwarded Email Includes 2 Ads For Zeek Rewards’ ‘Program’ And Claims ASD Patriarch Was ‘Railroaded’

    “Well we have been dealt a setback today…the judge here agreed with the government to transfer us to the District Court in Washington DC… The same judge who railroaded Andy. I will make a motion for her to recuse herself and if she will not (and she will not) I will take an appeal.” — Remark attributed to Dwight Owen Schweitzer that is contained within email by former AdSurfDaily spokeswoman Sara Mattoon that discusses plan to “flood” a federal judge with letters of support for jailed ASD Ponzi schemer Andy Bowdoin, Aug. 13, 2012

    Thomas A. "Andy" Bowdoin

    Former AdSurfDaily member Dwight Owen Schweitzer — later to join former ASD colleague Todd Disner as a pitchman for the Zeek Rewards 1-percent-a-day-plus MLM scheme — is quoted in an email circulating among ASD members that ASD President Andy Bowdoin was “railroaded” by a federal judge.

    The quotation attributed to Schweitzer was contained within an Aug. 13 email forwarded by Disner after being assembled by former ASD spokeswoman Sara Mattoon. Mattoon has a history of packaging communications friendly to ASD, adding her purported insights to the communications and emailing them to members. The Aug. 13 email calls for ASD members to “flood” a federal judge with letters of support for Bowdoin. The ASD patriarch and veteran securities swindler is scheduled to be sentenced Aug. 29 in the District of Columbia by U.S. District Judge Rosemary Collyer.

    Previous Mattoon emails have quoted Kenneth Wayne Leaming, a purported “sovereign citizen” now jailed near Seattle after a  2011 investigation by an FBI Terrorism Task Force. Leaming was accused of filing false liens against at least five public officials involved in the ASD Ponzi case, harboring two fugitives wanted in a separate home-business scheme, being a felon in possession of firearms and uttering a bogus “Bonded Promissory Note” for $1 million.

    Leaming, who is not an attorney, was said to be performing legal work on behalf of some ASD members.

    In May 2012, Bowdoin pleaded guilty to wire fraud in the ASD Ponzi case and acknowledged that ASD was a Ponzi scheme and that his company never operated lawfully from the inception of its 1-percent-a-day (or more) “program” in 2006. Bowdoin, 77, originally remained free on bond after his guilty plea, pending formal sentencing.

    But Bowdoin was jailed in June 2012, after prosecutors presented evidence that Bowdoin continued to promote scams after the U.S. Secret Service seized more than $80 million in ASD-related proceeds in 2008 and after Bowdoin was arrested on ASD-related Ponzi charges in 2010. Prosecutors identified those scams as “OneX,” and AdViewGlobal (AVG).

    Like ASD, AVG was a 1-percent-a-day “program.” AVG, which launched in February 2009 after the seizure of ASD-related bank accounts in 2008, vanished mysteriously in the summer of 2009 after issuing threats to members and journalists. AVG was referenced in a lawsuit filed by ASD members who accused Bowdoin of racketeering.

    Contained within the forwarded email dated Aug. 13 are at least two ads for the Zeek Rewards’ MLM which, like ASD, plants the seed that a return that corresponds to an annualized return in the hundreds of percent is possible. Precisely why the Zeek ads appeared in the email is unclear. They are attributed to a Zeek affiliate known as “Compassion Ministries” and display Zeek videos produced by USHBB Inc., a company that once produced ads for the Narc That Car pyramid scheme that collapsed in 2010 after the Better Business Bureau raised concerns about Narc and investigative reporters began to write about Narc and produce television reports about the “program.”

    Even as the Mattoon email solicited support for Bowdoin as his Aug. 29 sentencing date approaches, it cautions ASD members to “be careful” if they write to Bowdoin in jail because “they read his mail.”

    Disner and Schweitzer sued the U.S. government in November 2011, claiming the seizure of ASD’s database was unconstitutional. The lawsuit originally was filed in the Southern District of Florida, but a judge there granted a request by the government to transfer the case to the District of Columbia. The case now appears on the docket in U.S. District Court for the District of Columbia and has been assigned to Collyer.

    The Aug. 13 email from Mattoon quotes Schweitzer as saying, “Well we have been dealt a setback today…the judge here agreed with the government to transfer us to the District Court in Washington DC… The same judge who railroaded Andy. I will make a motion for her to recuse herself and if she will not (and she will not) I will take an appeal.”

    When suing the United States in November 2011, Disner and Schweitzer relied in part on a purported expert opinion from Keith Laggos that ASD was not a Ponzi scheme. Like Disner and Schweitzer, Laggos also has been linked to the Zeek Rewards’ scheme.

    Laggos reportedly was fired as a Zeek “consultant” last month. Details surrounding the reported firing remain unclear.

    Zeek is now the subject of an “examination” by North Carolina Attorney General Roy Cooper.

    Zeek’s news Blog published this baffling message yesterday (italics added):

    Hello Fine People:

    The team wanted to let you know there won’t be any training, recruitment or leadership calls for the next few days while planning is going on.  Standby for some important announcements.  Thank you for your patience!

  • Two Days Before Remissions Deadline, ASD Members Receive Yet-Another Confusing, Highly Questionable Email That Suggests Victims Seeking Restitution Should Tell Administrator That Program Was Not An Investment

    Andy Bowdoin.

    Some AdSurfDaily members have received an email that appears to be attributed in part to Sara Mattoon, the embattled autosurf firm’s former spokeswoman. The most recent correspondence fractures facts, suggests the government has no credible witnesses or evidence in its wire-fraud and securities-fraud case against ASD President Andy Bowdoin and implies suggestions given to recipients are a legal “opinion” from a qualified expert.

    The date upon which the email was sent was unclear. At least one former ASD member reported receiving a copy of it today.

    Like previous emails, the content of the email appears to be a compendium in which Mattoon and perhaps others assembled information and passed it along as though it were fact.

    Among the claims are that federal prosecutors are creating victims out of thin air, that the government is engaging in trickery, that a pyramid-scheme case filed against ASD in Florida “was decided in ASD’s” favor, that “the government is in a very bad position to win a jury trial,” that prosecutors have “have no material tangible evidence and no credible witnesses to prove their case” — and that the remissions program is a “scam.”

    Contrary to the claims in the email, the pyramid case brought by the state of Florida was not decided in ASD’s favor. The case did not go to trial, and no judge ruled that the government’s case was fatally flawed. Moreover, no judgment was issued in ASD’s favor.

    State prosecutors said they dismissed the Florida civil case because two final orders of forfeiture already had been entered by U.S. District Judge Rosemary Collyer in civil litigation in federal court and that victims had a compensation remedy through the federal remissions program.

    The deadline for filing a claim through Rust Consulting Inc. — the official claims administrator — is Jan. 19. There have been repeated attempts by some ASD members to discredit Rust, which is under contract with the U.S. government to administer the program.

    A list of Florida victims already had been submitted to Rust, Florida prosecutors said. In October 2010, Florida confirmed it had dismissed the state-level pyramid case. Two months later, in December 2010, Bowdoin was charged criminally under federal law with wire fraud, securities fraud and selling unregistered securities. An investigation into his business practices has been under way since July 2008.

    Regardless, the most recent email suggests that government evil is afoot.

    “And we all need to be very pragmatic about this,” the email read in part, citing a purported “opinion” without providing the source of the opinion. “We purchased advertising legitimately. … Now it’ll be up to a real jury, and if ASD/Andy have lawyers that are even remotely competent, the verdict will be not guilty.”

    Bowdoin was arrested Dec. 1. Federal prosecutors accused him of operating a Ponzi scheme that had gathered at least $110 million. Bowdoin, 76, is free on bail.

    In the email, the criminal charges against him were pooh-poohed, apparently by the author of the “opinion.”

    “But the bottom line on all of this is twofold,” the email read. “First, the government is in a very bad position to win a jury trial – they have no material tangible evidence and no credible witnesses to prove their case. Second – all these ‘scams’ including the Rust group are ploys, most likely instigated by the government to try and turn up ‘witnesses’ who will say they have been victims of investment fraud. But those who will say that can be torn apart by the ‘Terms and Conditions’ they agreed to during Defense cross-examination. The other witnesses – the government agents (or informers) can also be torn apart during cross examination. The vote by the jury must be unanimous in a felony case BEYOND A REASONABLE DOUBT and the government knows that they simply don’t have the evidence or the witnesses to get by that.”

    Repeated claims have been made by some ASD members for months that the government lacked both witnesses and evidence. Despite the claims, the government announced last week in court filings that it had gathered at least 500,000 pages of emails and at least 100,000 pages of bank records as part of the probe.

    Meanwhile, prosecutors said the U.S. Secret Service had identified at least 40,000 potential ASD victims.

    Like a previous email, the most recent email also suggested that ASD members should use the remissions form to claim ASD was not an investment program. Such an approach potentially could result in a situation in which participants disqualified themselves from receiving restitution from assets seized in the case by the U.S. Secret Service.

    Prosecutors alleged that ASD was an investment business masked as an advertising company.

    Even so, some ASD members are sticking with an assertion that ASD was a legitimate advertising firm.

    “If you feel that you want to fill it out, [the claims form] must be mailed to [Rust] by 1/19/11,” the email read. “If you do choose to fill it out, then where your signature would be, you may want to write the words ‘See Addendum.’ Then attach a statement something like this (in your own words):

    ‘I am very clear that this was not an investment and that I was purchasing advertising. And, since the government shut down my advertising company and I therefore did not get the advertising I paid for, I would like to get my advertising money back from whomever is holding it now.’

    “Sign it and send it in with the forms supplied by Rust,” the email advised recipients.

    At the same time, the email solicited prayers and cautioned against working with AnShell Financial Services, a company that says it is helping some ASD members fill out the remissions form for a fee.

    Rust, the official claims administrator, has specifically disclaimed any affiliation with AnShell and has urged caution in dealing with the firm, which is approved neither by Rust nor the government.

    Some ASD members appear to be as paranoid about the work AnShell is doing for certain members as they are about the government and Rust.

    “The form you received from Sheldon Drobny, CPA/AnShell Financial Services is someone who was retained by a group of ASD/Golden Panda members to get their money back from the government,” the most recent email read. “This is the company that is holding the conference calls. If you feel you want to participate, be careful here also. Use the same attitude there: you didn’t make an investment; you purchased advertising. There is danger that this could be used against ASD also. Pray about it and decide for yourself if you want to participate.”

    The email ended by citing the name “Sara” as the sender.

    “That’s all I have for now,” the email concluded. “I am still very swamped caring for my husband and I am not a lawyer so I can’t really advise you further and answer any questions. Hope this is helpful. I still haven’t been able to process all the emails I received from ASD members in the Fall of 2009, giving me their change of e-address, so please pass it on to all ASD members you know. God’s Blessings, Sara.”

  • DISTURBING: Out On Bail After Ponzi Arrest, Is Andy Bowdoin Giving Marching Orders? Email Attributed To Former ASD Executive Gary Talbert Advises Members To Tell Claims Processor They Were Purchasing ‘Advertising’

    Andy Bowdoin

    UPDATED 9:28 A.M. ET (U.S.A.) On Dec. 1, a federal magistrate judge set bail of $350,000 for AdSurfDaily President Andy Bowdoin and ordered him not to commit a federal, state or local crime after his arrest by the U.S. Secret Service on charges of wire fraud, securities fraud and selling unregistered securities.

    Bowdoin, 76, was specifically warned that he could be held in contempt of court for violating conditions of his bail. The conditions included an order not to obstruct the investigation or tamper with witnesses.

    Now an email attributed to former ASD and AdViewGlobal executive Gary Talbert has surfaced that is raising questions about whether Bowdoin is trying to suppress the victims’ count and manipulate ASD members who seek to file restitution claims with Rust Consulting Inc., the official claims administrator in the $110 million Ponzi case.

    The email specifically references Bowdoin’s arrest, but makes no reference to the bail conditions set by U.S. Magistrate Judge Thomas G. Wilson in advance of a scheduled appearance by Bowdoin in U.S. District Court for the District of Columbia Dec. 17.

    Bowdoin made his initial court appearance before Wilson in Florida.

    “Got a email from Andy and he told me to go ahead and send this email out to everyone,” noted the email attributed to Talbert, who filed a sworn affidavit on ASD’s behalf in U.S. District Court for the District of Columbia in 2008. “He does have a hearing on Dec. 17th in Washington D.C. He and his lawyers are still positive on the out come.”

    “Here is just a idea and I think this will work for everyone,” the email continued. “This should keep everyone legal. Because I think everyone understood it was not a investment. I believe it is time to fill out the info. from Rust inc. with the following addendum.

    “Where it asks for your signature write in there ‘See addendum’.

    “Now put this in your own words on the addendum. Here is a out line.

    “On the addendum write that you knew this was not a investment and you where purchasing advertising. Now since the gov. stopped my advertising company and I did not get my advertising I would like to get my advertising money back from whom ever is holding it now. Sign it and send it in with the forms from Rust.”

    News about the email attributed to Talbert was spreading among ASD members last night. Separately, ASD figures Kenneth Wayne Leaming and Christian Oesch have filed an ASD-related lawsuit in the U.S. Court of Federal Claims that apparently seeks the spectacular sum of $29 TRILLION from a federal judge, three federal prosecutors and a Secret Service agent involved in the ASD Ponzi case.

    On June 30, 2009, AdViewGlobal was cited as an extension of ASD in a racketeering lawsuit filed against Bowdoin by ASD members. The reference was dated June 29, 2009, the same day Bernard Madoff was sentenced to 150 years in federal prison for his Ponzi scheme.

    Federal prosecutors now say Bowdoin faces up to 120 years in prison if convicted of all counts against him.

    “AVG is the next iteration of the Ponzi scheme auto-surf programs, which [are] staffed with former ASD executives and Bowdoin disciples, including George Harris, the stepson of Bowdoin, who is listed as an AVG trustee, Gary Talbert, former ASD executive served as CEO of AVG and now serves as an accountant, Nate Boyd, a former compliance officer at ASD, serves as ‘Protector’ of the AVG association, and Chuck Osmin, a former ASD employee who testified on ASD’s behalf at the evidentiary hearing before this Court last fall is a customer service representative of AVG,” the RICO plaintiffs claimed.

    The grand jury that indicted Bowdoin began to meet in May 2009. During that same month, AVG was scurrying to reconfigure itself after gathering money from members and offering 200 percent “bonuses” for months. AVG launched in the aftermath of the seizure of tens of millions of dollars from Bowdoin in August 2008, the filing by the government of a second forfeiture complaint against ASD-connected assets in December 2008 and the filing of the racketeering lawsuit against Bowdoin.

    The December 2008 forfeiture complaint specifically named Bowdoin family members Edna Faye Bowdoin, George Harris and Judy Harris as beneficiaries of crimes committed by ASD. Edna Faye Bowdoin is Andy Bowdoin’s wife; George Harris is Bowdoin’s stepson; Judy Harris is the wife of George Harris.

    In January 2009, just days prior to its official launch in early February, AVG bizarrely both confirmed and denied it had ties to ASD.

    The appearance of AVG graphics in an ASD-controlled webroom after the federal seizure was an “operational coincidence,” AVG memorably explained. The announcement was attributed to Chuck Osmin, himself a former ASD employee.

    Even though AVG previously had denied ASD ties, the upstart surf then announced that Talbert was its CEO.

    “Since Mr. Talbert was and is the C.E.O. for both companies and had worked with the same web room company while at ASD, it would be very natural for him to choose and use many of the same venders (sic) that he had used before. So, the fact that ASD and AdView Global are using the same web room hosting company is no accident, in fact it is an operational coincidence,” AdViewGlobal said.

    Why the surf identified Talbert as ASD’s CEO was unclear. He was listed in his own sworn court documents in the ASD case as ASD’s “Human Resource Manager, Assistant CFO and Website Editor.”

    By March 2009, AVG announced that Talbert had resigned as AVG’s chief. It also announced that its bank account had been suspended, blaming the development on members.

    In May 2009, AVG announced that it had secured a new, offshore wire facilitator to help it gather money from members. The announcement was made on the same day the Obama administration announced a crackdown on offshore financial fraud. (See this story and included links for updates on AVG’s purported facilitator, KINGZ Capital Management. There is a tie between KINGZ and Minnesota Ponzi schemer Trevor Cook.)

    By June 25, 2009, AVG announced it was suspending cashouts, again blaming the development on members while threatening members and journalists with copyright-infringement lawsuits for reporting the news.

    Just four days later, on June 29, 2009, the RICO plaintiffs in the ASD lawsuit referenced AVG in a court filing docketed the following day, June 30. By September 2009, federal prosecutors made a veiled reference to AVG in filings in the ASD case.

    By Sept. 29, 2009, an email attributed to ASD spokeswoman Sara Mattoon was circulating among ASD members. The email specifically instructed members not to fill out a government form that would be used as part of the restitution process.

    “Soon after the ASD shutdown, the DOJ (Dept of Justice) set up a website for people to file a claim for the money they had in ASD,” Mattoon was quoted as saying in the email. “As soon as I heard about it, I told everyone not to do it because I could see what the Government was trying to do, but some people didn’t realize what it was and afterwards they regretted doing so.”

    The Matton email referenced an earlier email attributed to ASD member and purported trainer Robert Fava. Like the Mattoon email, the Fava email discouraged members from filling out the government form, describing it as “ammunition” that could be used against ASD.

  • 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.

  • Are ASD Members Waging Ongoing Misinformation Campaign To Suppress Victims’ Count And Obstruct Justice? Note Instructs Members NOT To File For Restitution

    Andy Bowdoin

    The now-defunct Surf’s Up forum was AdSurfDaily’s officially endorsed news venue. It became so on Nov. 27, 2008, a little more than a week after a key court ruling went against ASD, a Florida company implicated by the U.S. Secret Service in an alleged $100 million Ponzi scheme. Surf’s Up routinely deleted posts that challenged ASD President Andy Bowdoin, and routinely suppressed information unfavorable to ASD.

    Surf’s Up was known for conflating fantastic realities to accommodate unpleasant fact sets. Among the unanswered questions as the ASD investigation proceeds is whether the forum and some of its members were/are engaging in efforts to obstruct justice by asking victims to spread misinformation.

    Some ASD and Surf’s Up members recently received the email below, which fractures facts and appears to encourage members to spread misinformation and not to participate in the federal restitution program. (Italics and carriage returns added. PP Blog’s Notes in Bold.)

    “Please pass this on to your group and ask them to pass it on to others who were in ASD. The lawsuit filed against ASD, Andy and his wife Faye was decided in ASD’s, Andy’s & Faye’s favor a few months ago. (PP Blog Notes: The lawsuit was not decided in favor of ASD, Andy Bowdoin or Faye Bowdoin. Florida dropped the lawsuit “without prejudice,” meaning it can be refiled. The state said it had turned over a victim’s list to the federal government for the purposes of securing restitution from funds seized by the U.S. Secret Service.)

    “In October the state of FL dropped all charges against ASD. (PP Blog Notes: See note above.)

    “The Federal charges are all that is left to be addressed and progress will be made on that this month. Unfortunately if members respond to this notice and file a claim, they will be contributing to ASD losing its case because the government will use it as evidence that ASD created these “victims.” (PP Blog Notes: Is this a deliberate attempt to suppress the victims’ count and a bid to obstruct justice? Beyond that, Andy Bowdoin’s appeal of the forfeiture of money he advised a federal judge belonged to him is hardly the sole, unsettled legal issue. It is known, for example, that a criminal grand-jury probe has been under way. Bowdoin references the criminal probe in his own court filings. It is possible that criminal indictments against multiple individuals could be returned.)

    “I have told this man that but he persists because he will make money from ‘helping.’ If ASD loses its case, THEN it would be appropriate to follow up these options, but not until then.

    “My husband was hit by a car while he was bicycling and I have been struggling to care for him at home alone. I am 63, 105 lbs and he is functionally quadriplegic (which means that there is much to be hopeful for but, in the meantime, it is very challenging). For this reason I am unable to keep everyone updated as I had hoped to do and I have been unable to spearhead a member campaign to help the effort as I had also hoped to.

    “God’s Blessings,
    Sara”

    (PP Blog Notes: The section of the note above even could bring things such as practicing law without a license into play because it introduces an “if, THEN” proposition that lays out a legal strategy. For example, “if” ASD loses the forfeiture proceeding in the appeals court, only “THEN” should victims register for the restitution program. One of the core problems is that there may be no way of knowing precisely when the appeals court will issue its ruling (oral arguments scheduled for this month have been canceled, and the appeals court will decide the issues based on briefs from both sides). Meanwhile, the restitution/remission forms victims must file are due by Jan. 19, 2011. Victims who follow the advice in the email could be denied a refund.)

    See related story.

  • Bowdoin Purportedly Tells ASD Member That Prosecutors ‘Have’ Finally Admitted To Screwing Up; Email Asks Members To Look For ‘Rally’ Videos; New Flap Starts On Surf’s Up

    breakingnewsUPDATED 5:34 P.M. ET (U.S.A.) In a development reminiscent of a claim made more than a year ago on the Pro-AdSurfDaily Surf’s Up forum that prosecutors had acknowledged behind closed doors that ASD was not a Ponzi scheme and refused to admit it publicly because of embarrassment, a new email missive surfaced today that suggested Bowdoin was on the verge of winning the forfeiture case.

    The claim was made despite the fact that a federal judge has issued a fresh ruling that Bowdoin no longer even has standing in the case.

    Like previous unsubstantiated claims that the government was losing the case, today’s email was published on the Surf’s Up forum. Threadbare of supporting details, the email cited a third-party conversation with Bowdoin and implored ASD members to “get a little excited folks!”

    “Andy explained a few things to me of which I cannot share them all, but I can say that the government attorney’s ‘have’ finally admitted to some things that are totally in our (ASD) favor,” the email claimed.

    No mention was made as to what the government purportedly admitted that was helpful to ASD’s case. The email was posted a short time after news broke that U.S. District Judge Rosemary Collyer refused to step down from the ASD forfeiture case.

    Collyer’s refusal came in response to a Dec. 17 motion filed by Bowdoin to disqualify her, but Collyer said Bowdoin no longer had standing in the case to make any additional claims or to reassert old claims.

    Today’s Surf’s Up email did not address the judge’s fresh ruling, which was docketed only hours before the new round of unsubstantiated claims was made in the email published on Surf’s Up.

    “Andy said that in cases such as the ASD one the government usually pushes so hard until they get a plea deal. He said that this happens 98% of the time,” today’s email claimed. “But, Andy would not sell us out and he has stood his ground firm since August of 2008 and because of that things are starting to turn around for ASD. This is something the government did not expect.”

    Prosecutors called Bowdoin “delusional” in September 2009, asserting he was telling members one story and Collyer another. They asserted in earlier filings that he has “followers.”

    Despite repeated claims on Surf’s Up beginning in the fall of 2008 that prosecutors had admitted ASD was not a Ponzi scheme, no such proof ever has surfaced. In fact, in December 2008, prosecutors filed a second forfeiture complaint against assets tied to the firm, again alleging that ASD was a Ponzi scheme.

    Even though Surf’s Up claimed the government had admitted ASD was not a Ponzi scheme, no attorney for ASD ever argued a similar claim in court — in either the December 2008 or August 2008 forfeiture cases against the firm. There is not a single entry in the public record of the case that the government ever acknowledged ASD was not a Ponzi scheme.

    In April 2009, prosecutors said Bowdoin signed a proffer letter in the case and had acknowledged the material allegations against ASD were “all true.” Bowdoin had at least two meetings with prosecutors over a period of at least four days last winter, and admitted ASD was operating illegally, according to court filings.

    In September 2009, Bowdoin said in his own court filings that he had admitted “significant information against my interest.”

    Surf’s Up posters have led various campaigns to discredit the prosecution.

    Today’s email urged ASD members to search for videos that might have been taken at ASD  functions, suggesting the videos could be used to prove the prosecution is lying.

    “The reason Andy was calling was to get some help from the members. So, here it is…

    “Andy wants to know if any of you took Videos and/or Audios of ‘him’ speaking at any of the ASD Rallies,” the email said. “The government is stating that Andy said certain things during the rallies and Andy is confident that he did not, but he does not have the proof without being able to provide the video/audio footage.

    “Please share this message with your entire organization so that we can get it out to the
    masses yet today hopefully to see if someone has the supporting evidence for Andy,” the email urged. “If any of you DO have the video footage (or audio recording) then transfer it to DVD and and contact Catherine Parker at [email address deleted].”

    In August, some of Bowdoin’s supporters claimed that Collyer had ordered the prosecution to prove by Aug. 28 that ASD was a Ponzi scheme or dismiss the charges. A similar claim was made in April.

    Collyer has never issued such an order.

    Today’s email asked ASD members to send warm thoughts to Bowdoin and his wife, Edna Faye Bowdoin. Edna Faye Bowdoin and her son, George Harris, were named beneficiaries of ASD’s illegal conduct in the December 2008 prosecution filing.

    Prosecutors alleged that Edna Faye Bowdoin and Harris used money from two ASD Bank of America accounts in June 2008 to open an account at a third bank into which more than $177,000 in illegal proceeds was deposited. Of that sum, more than $157,000 was transferred by wire to yet another bank and used to pay off the mortgage on the Harris home in Tallahassee.

    Bowdoin described George Harris as head of ASD’s real-estate division, according to court filings. He also talked about establishing a business presence in South America. Only months later, the AdViewGlobal autosurf was born, purportedly operated from Uruguay and owned by George Harris and his wife, Judy Harris.

    ‘I asked Andy how Faye was doing and he was quiet for a moment and then said she is not doing so good,” today’s email said. “She is in a very severe depression and has been for quite some time ever since this whole debacle started.

    “So, I have a personal favor to ask of you all. Can you take a few minutes to send her a card or a nice note at the very least to let her know that the members are still thinking about her and Andy?” the email urged.

    Some ASD members immediately questioned why Bowdoin himself had not sent the email and instead relied on a third-party communication to ask for a favor. At the same time, members questioned what had become of Sara Mattoon, reportedly ASD’s official spokeswoman.

    In September 2009, the U.S. Secret Service filed a transcript of an ASD conference call in which Bowdoin and Mattoon were quoted. The filing led to questions about whether the government was contemplating a prosecution for obstruction of justice.

    Prosecutors also made a veiled reference to the AVG autosurf in a September filing. In June, RICO attorneys suing Bowdoin for racketeering made a direct reference to AVG.

    In the prosecution’s September 2009 filing, the government suggested an AVG prosecution could be in the offing.

    “ . . . it may be the case that Bowdoin never intended to plead guilty when he agreed to debrief, and was just buying time while searching for a different exit strategy that failed to materialize. Maybe Bowdoin thought that before the government brought its charges he (like some of his family members) could move to another country and profit from a knock-off autosurf program that Bowdoin funded and helped to start,” prosecutors said.

  • OBSTRUCTION? ASD Spokeswoman Whose Name Appeared In Secret Service Filing Says She Instructed Members NOT To Fill Out Government Form; Now Appears To Be Advising Members To Clam Up If Contacted By Agents

    Andy Bowdoin’s recent court filings are “delusional,” federal prosecutors said yesterday.

    And now a woman who apparently is AdSurfDaily’s new spokesperson purportedly has sent an email in which she said she advised members after the seizure of tens of millions of dollars from Bowdoin’s bank accounts last year not to fill out the government form for victims.

    Sara Mattoon, whose name is listed in a court document filed by the Secret Service yesterday, also appears to be trying to influence members who filled out the form not to cooperate if contacted by the agency.

    “Soon after the ASD shutdown, the DOJ (Dept of Justice) set up a website for people to file a claim for the money they had in ASD,” Mattoon said in the email. “As soon as I heard about it, I told everyone not to do it because I could see what the Government was trying to do, but some people didn’t realize what it was and afterwards they regretted doing so.”

    Mattoon referenced an email sent out by ASD mainstay Robert Fava over the weekend. The email was distributed after the ASD case took a dramatic turn Friday, with filings by prosecutors that suggested ASD President Andy Bowdoin was trying to lie his way back into the civil forfeiture case with the aid of an attorney who was engaging in “fantasy.”

    Here is content from the email distributed by Fava, who was relating the experience of a fellow ASD member who apparently was contacted by the Secret Service recently.

    “I got this email today (see below) and called the guy,” the email said. “He is special task force with secret service. Calling because I submitted a claim for the funds I had put into ASD — I think it was a lady in Michigan who suggested at one time that I do the claim form. Later I wished I had not submitted it.

    “I asked what type of questions he wanted to ask and if he would email them to me so that I could review them with my attorney before answering them,” the email continued. “I told him the government was the only one who created victims by seizing the money illegally and shutting down ASD.”

    Quoting the agent, the email continued.

    “He said it sounds like I had an adversarial role with the government, and he could not send them. He said they were trying to talk to folks who had lost money in ASD, before arranging a personal visit with them. It sounds like they are wanting testimony to build a case for the government’s side.

    “I do not want to contribute to that effort, so thanked him and we ended the call,” the email concluded.

    In introducing the email, Fava said:

    “I wanted to share the following item which happened today to a gentleman in the ASD group.

    “Are any of you aware of this happening to others yet?

    “I assume the government is now trying to find people to speak out against ASD, especially since Andy’s recorded call.

    “This is the reason why I never encouraged filling out a government form . . . it’s just ammunition for them to use against ASD,” Fava continued.

    “Feel free to share this with your groups and mainly those that you know of that might have submitted a claim form on the government site thinking it was an innocent submission,” Fava’s email concluded.

    Fava was a constant presence on ASD training calls, members said. He once claimed he was making $1,000 a day through ASD.

    Mattoon’s email, combined with Fava’s and the remarks of the other ASD member, may raise serious questions about obstruction of justice.

    In her email, Mattoon did not mention recent filings by the prosecution. Nor did she mention the fact her name was included in a filing by the Secret Service yesterday — the transcript of a Bowdoin recording last week.

    Although Mattoon claimed in the email that “[t]he government does not seem to have the intention of giving the [seized] money back,” the record of the case plainly states otherwise in multiple places.

    Although it is clear that the government believes serious felonies have occurred and that Bowdoin is not entitled to benefit from his participation in crimes, prosecutors have pointed out that the government seeks to establish a restitution program for crime victims. Meanwhile, Judge Rosemary Collyer also has referenced the prosecution’s claims about the establishment of a program.

    Apart from court filings, the government even had advertised the existence of the prospective restitution program and has updated the information as the situation warranted.

    Regardless, Mattoon suggested the government planned to keep all the money, despite court filings and website updates that reinforce its desire to compensate crime victims.

    “[P]erhaps they were just looking for people they could try to identify as being victimized by ASD,” Mattoon said in the email, referencing the email from Fava.

    “If you get contacted, this is how this one ASD member handled it. It may be useful for you,” she said.