BREAKING NEWS: Plaintiffs In ASD RICO Case Ask Court To Extend Deadline For Class-Action Certification, Saying They Haven’t Been Able To Serve Bowdoin, Busby, Garner

Andy Bowdoin

Andy Bowdoin

UPDATED 7:12 P.M. EDT (U.S.A.) Facing an April 15 deadline to seek class-action certification in a racketeering lawsuit against AdSurfDaily President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby, three members of ASD have asked a federal judge for more time.

Meanwhile, the plaintiffs have informed U.S. District Judge Rosemary Collyer that they intend to use the discovery process to seek facts concerning ASD’s management and operations, including how ASD interacted with employees, officers and “other representatives” of ASD.

Mike Collins, Frank Greene and Natures Discount Inc. — all former ASD customers — said they have not been able to serve Bowdoin, Garner or Busby.

The lawsuit was filed Jan. 15.

“Because Defendants AdSurfDaily, Inc., Thomas [Andy] Bowdoin, Clarence Busby and Robert Garner failed to respond to the Notices of Waiver of Service sent by Plaintiffs, Plaintiffs issued summons for these Defendants and are still in the process of attempting to perfect service on these Defendants,” Collins, Greene and Natures Discount said.

Other filing deadlines have been pushed back because of the plaintiffs’ inability to serve the RICO defendants. Bank of America, a non-RICO defendant in the case, joined the plaintiffs’ in a motion last month to extend time on other issues created by the inability to serve Bowdoin, Garner and Busby.

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

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

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

Why the complaint hasn’t been served is unclear. What is clear is that the plaintiffs’ have notified the court that they intend to ask for discovery, “which will focus on a few key factual areas necessary to establish the elements of certification.”

Here is a preliminary list of what the plaintiffs intend to seek through discovery:

  • Representations made regarding the individuals associated with ASD.
  • Nature of ASD’s business and the opportunity to earn money.
  • Types of services offered.
  • Management and operation of ASD.
  • The relationship and interaction among employees, officers and other representatives of ASD and BOA, Bowdoin, Busby and Garner.
  • Facts and circumstances surrounding the opening, maintenance and account activity of BOA accounts in the names of ASD, Bowdoin, Busby and/or Garner.

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7 Responses to “BREAKING NEWS: Plaintiffs In ASD RICO Case Ask Court To Extend Deadline For Class-Action Certification, Saying They Haven’t Been Able To Serve Bowdoin, Busby, Garner”

  1. So, Where’s Waldo….I mean Andy.

  2. Hi Michele,

    Michele: So, Where’s Waldo….I mean Andy.

    I don’t know the answer to this question.

    What I do know is that the Plaintiffs’ will want to do discovery after the complaint gets served — and that means questions about how the business operated, how the offers were presented, executives, management, business relationships, banking relationships, silent partners, insiders, promoters, etc.


  3. Was wondering why they couldn’t just serve Andy’s attorney’s since they have not officially been let off the hook as his legal counsel, and let them give Andy his papers? I would think this would constitute his being legally served.

  4. How can these guys disappear from the face of the earth? Maybe they are hiding with Obama. Opps, I meant Osama.

  5. You could well be right there, Eagle. As Andy, ASD and Bowdoin/Harris’s attorneys – that takes care of on of the defendants. Just leaving the other two. And there are a lot of islands in the Carribean!

    Martin, I think you got the wrong blog. That kind of asinine commentary is better suited to Surfs Up where they will welcome you with open arms

  6. But wait… The moderators at the Advocates site often have lunch with Andy in Quincy, don’t they? Or at least they say they do. If they can find him, so should a process server. Check his credit card for large purchases of Depends Undergarments for Men….

  7. I don’t know whether it would do any good, but maybe someone should let the North Carolina Bar Association about Gardner, they may be looking to send him some papers, too, before long. As for Clarence, if they send it marked “payment for advertising” I’m pretty sure he’d open it.