Surf’s Up Report About Judge’s Order Adds Confusion
Citing an email from her AdSurfDaily downline, a member of the Pro-ASD Surf’s Up forum has advised other members that a federal judge has ordered prosecutor William Cowden to “charge Andy Bowd[o]in or end it and return the money.”
There are no documents in the public record to substantiate the claim. Judge Rosemary Collyer appears not to have issued such an order.
On April 3, Collyer issued an order to show cause, ordering prosecutors to respond to certain Bowdoin pro se pleadings by April 24. The judge acknowledged in the order that “uncertainties surrounding the status of [Bowdoin and associated corporations’] counsel” had contributed to a delay in filing responses to Bowdoin pleadings.
Bowdoin himself contributed to the confusion by filing motions on his own behalf even though the record of the case showed that he still had paid counsel. On March 26, Collyer ordered Bowdoin’s attorneys to state whether they intended to proceed as Bowdoin’s counsel or withdraw, and also to instruct Bowdoin on critical matters of law.
The Akerman Senterfitt law firm, Bowdoin’s paid counsel, now has sought leave to withdraw, saying its representation of Bowdoin had become unreasonably difficult and advising the court that Bowdoin hadn’t consulted with the firm before he filed a series of motions on his own behalf.
Last week, Florida attorney Charles A. Murray filed an appearance notice on Bowdoin’s behalf, although Collyer has not yet granted Akerman Senterfitt’s motion to withdraw as Bowdoin’s paid counsel.
Murray’s entry in the case, however, suggests that Bowdoin’s days as a pro se litigant have come to an end.
Meanwhile, the Surf’s Up post that quoted from the member’s downline and passed along confusing information urged ASD members to begin yet another letter-writing campaign on Bowdoin’s behalf.
Here is the downline information being circulated at Surf’s Up (italics added):
Once again, seems we might be on the cusp of getting our money return to the rightful owners – you and I. Recently the Judge has ordered Cowden to charge Andy Bowdin or end it and return the money.
Now is a great time to put on the pressure. Write another letter today expressing your need for your money return and how you feel about them taking our money in the first place.
Don’t give up. If we don’t act, apathy could cost us our money. Bad succeeds when good stands down.
If you are writing from Panda point of view, keep in mind that is a separate company from out point of view. Write your letters accordingly.
Don’t write a book. Succinctly write the wrongness of the gov taking our money, keeping it and creating the victims they claim they were protecting. Please use your own words and be brief. Just get your side counted.
Include copies to:
William Cowden/Jeffery Taylor
United States Attorney’s Office
555 4th Street, NW
Washington, DC 20530
Also write and send copies to the Ombudsman of the DOJ. This is the office that’s charge with protecting us from abuse from within the DOJ. File a complaint in regards to any perceived wrong-doing by the attorney generals in this case.
http://www.usdoj.gov/usao/eousa/vr/
Despite the claim in the email that the money seized by the government belonged to the members, Bowdoin has argued in court that the money belonged to him and his companies.
Both Bowdoin and the prosecution agree that the members do not own the seized funds.
I think what everyone is confused about is the fact that Andy Bowdoin has never been criminally charged with running an illegal ponzi scheme. Yet that is why the government shut asd down. So after 9 months they still haven’t filed criminal charges? Funny, Bernie Madoff who is in jail for running an illegal ponzi scheme was charged and jailed immediately. So I ask you Patrick, doesn’t this raise a question in your mind to the veracity of the governments conclusions, regarding their allegations? By the way I have from a very good source that Bill Cowden himself, after hours of talking with the powers that be, admitted that the surfing business model was not a ponzi. Although he did say it might be an sec violation. That too, seems to be the government reaching for anything that could help them save face. See, they can’t admit that they might have been wrong in a public forum. So we will continue to hear through the governments rebuttal’s that asd was running an illegal ponzi scheme, even though for some unknown reason (hint,hint) they haven’t filed criminal charges! The bottom line is that they rushed to judgment without really gathering all of the facts. Come’on man don’t you think 93 million dollars sitting in an interest bearing account is attractive to a financially hurting gov. Don’t you know it has always been the middle class who pays for most of the countries deficits? Although Judge Collyer might not have given the gov. an ultimatum yet. Sooner or later all of this horsecrap will have to end. Prove that it is a ponzi and file criminal charges or get off the pot.
Nobody shut ASD down. ASD is free to run the ads as promised.
The Government did seize funds from Andy Bowdoins personal account. Corporations don’t use the personal accounts of executives to run the business. Most DBAs have business and personal accounts, if only to keep tax time managable.
Please get a few of the BASIC facts straight before posting.
7boogiewoogie:
Since you are so privy to all this so called info and are such a great legal mind you should know that as long as the Civil case is being tied up by motions and etc that no criminal charges will be filed. Beside your Godfather of Scam Andy even admitted that the business was illegal and that the money was his and not yours. The more Andy lets his ego run his mouth the less investigative work the government has to do. Andy is making the case for the Government.
So, if you have all this inside information and are close to Andy then I would suggest that you tell him to keep his ego in check and not say anything.
By the way Robert you need to tone down your speeches as we all know who you are every time you peck something out on your keyboard.
Sounds like Barb McIntyre to me. She was the one saying how the AG “admitted it wasn’t a ponzi.” LOL. Right. Don’t you just want to shake these stupid people? Bowdoin will be arrested soon enough Barb. Maybe you or one of your delusional friends can send him more brownies and cards in jail.
When I read this I had a flashback to early on in this whole saga of when one of the mod’s posted she was told that Cowden had admitted neither GP nor ASD was a Ponzi. The faithful went nuts with joy. She promised that something great would be happening soon, and it wouldn’t be long until ASD was back up and running full steam ahead.
Now we have this being said. It is nothing more than a desperate attempt to get the readership and postings up on their site. Just as it was in the beginning when this “rumor” was floated as true and they had inside information. Of ocurse no such statement was ever made, but it made for good rah-rah fodder for the masses.
I don’t think it is going to work this time. Too many people have now seen through all of this, and Andy’s video for Paperless Access is the reason why.
7boogiewoogie: As for no criminal charges having yet been filed, as has been pointed out, why would you when you have the defendant continuing to build your case and adding to the list of charges you can bring? In case you missed it Andy is still on the pot. Besides, there is no rush to do so. The Forfetirue in Rem was a civil matter, and it is being handled in civil court. Heck, Andy is ducking the process server for his RICO lawsuit for God’s sake. Not exactly the things an innocent man would do don’t you think? But it sure is fun to watch all the gyrations the pro-Andy crowd, what few there are left, have to go through to try and keep up Andy and ASD is innocent facade’.
Hello 7boogiewoogie,
Nothing you’ve said above raises questions in my mind about the veracity of the government’s conclusions.
I’m sorry, but you’re wrong in almost every statement you’ve made. Bernie Madoff had been drawing some complaints for amost a decade, the reason his case, when brought to light, went so quickly is unlike Andy he had the decency to confess and let the process of asset recovery go on without fighting a fight he knew he couldn’t win.
As to the government needing the $93 million, have you any idea how stupid that is, or how much that amount is in relation to government budgets? (hint, they spend that much in about 14 minutes, so yeah, it’s critical)
It is typical, and good sense when the crook doesn’t cave as Madoff did, to concude the civil case first. If for no other reason than the civil case is likely to bring out a bit of evidence. Certainly Andy’s pro se filing where HE admits it was a criminal enterprise will help.
And finally, the urban legend claim that the government has admitted it wasn’t illegal but just needs to save face is just that, an urban legend. If it had happened I’m quite sure the paid lawyers might have brought it up in some of the papers they filed. I think that the source of this laughable claim is that the government has stated that paying commissions for referrals isn’t in itself illegal, a statement that makes more sense because it’s true and I do remember reading it in some document. The more you people make these crazy claims, the more you look, well, crazy.
7bw,
Thanks for the laugh for the day…..as to your challenge, I know that you are challenging ASUA Cowden to prove ASD is a Ponzi. However, I proved that mathematically quite some time ago (check this blog for the Black Box Model), not that it was a big stretch (many others had done so earlier. I’ll now offer you a challenge — disprove the Black Box Ponzi analysis if you can, and I’ll send $500 to your favorite charity. If you can’t, how’s about you drop $100 to the Arons defense fund? I know from your post that you are not dumb enough to take up this challenge, so better luck next time — maybe you can post in a place where people are not so bright…..
right after the tulsa newpaper came out in mid July about ASD being illegal, Andy on a Monday night opp. call told us that he had been to see the top law firms in the country, including the firm that represented Amway. After they reviewed the business model, everyone of the “top firms” beg Andy that if ASD was investigated to please retain them as they would kick the goverments ass!!!
Now the surf up is telling me that the same judge that would not give $2,000,000 back is now saying ” charge Andy or give the moneny back”?? unbelieveabe!!
Andy definitely ran the asd program with questionable business practices. Those basic facts are well known dirty bird. But to say that Andy could have ran his business without his computers and money for the overhead that it took to run the business, is absurd. The real question here, and what everyone wants to know is, was asd a ponzi. Sorry to say Mr. Arons the gov. has full authority to charge Andy with criminal charges even though there is a civil suit pending. You sounded so cocksure of yourself in your rebuttal. Why would they need time to build a case if they already had one? by the way I never said the gov. needed the money I said it was attractive. Remember every bit helps. Just so everyone knows I am not trying to be one sided I am trying to sort out the mess that we are all in, objectively. From my due diligence I can’t say asd was clean, but I can also say without a shadow of a doubt that neither was the gov. O.K bring it on
You are not being one sided, but just trying to sort out the mess we are all in. You are kidding, right?
So please share with us your due diligence that proved to you the government was not clean in all of this. I would also appreciate your sharing what part of your due diligence on what part of ASD was not clean as well as what parts were clean. You see without this information from you, there really is no basis on which to discuss this with you.
But here’s a clue as to how Andy could have continued to run the ads (you were in it for the advertising weren’t you?) on ASD after the seizure in rem: He had over a million offshore that was available to him to use to pay the hosting, servers, employees, overhead; so he could have as nothing was stopping him except Andy.
I keep hearing the money was attractive, or the governments is going to keep the ASD funds. Don’t you people think they are going to hire a receiver and retrieve the funds from the “winners” and divide it up? This is the case in every ponzi case I have seen, including the biggest one.
I don’t know what the fight is about anymore, without proving outside income it’s just pointless to persue. Isn’t that the main issue here? How can you earn an additional 25% without the funds being provided from other ad purchasers?
Yes, they were ALL in it for the advertising! LOL. Laura Pont is always quick to point that out.
Boogie (or Barb) Andy WILL be charged soon enough. The statute of limitations is a long way off. The AG is simply letting Andy sink himself with more of his nonsense to make his case a slam dunk. You and the rest of the “Surfs Up” clowns have shown that statistically at least one out of 12 jurors will be dumb enough to see Andy as an astute business man and ASD as God’s gift.
It was a ponzi, when it all comes out it will be revealed that ASD owed it’s members somewhere in the range of half a billion dollars, or about 5 times what was seized.
Yes, the government can charge Andy at any time, but that means they can also wait and see how much of their case he makes in the civil matter, and in fact, a civil judgement is a powerful thing to bring to a criminal trial. I’m sorry the govenrment is not meeting your schedule, but they do have other things besides your poonzi scheme to deal with. They will get to though, count on that.
Methinks you’re just a shill anyhow, no obejective observer could have as much faith in Andy and ASD as you seem to, I mean, the man has admitted himself it was a ponzi, he just thinks it’s unfair that he doesn’t get to keep what he stole.
There is not going to be a receiver, I wish people would get that through there heads. THERE IS NOT GOING TO BE AS RECIEVER!!!
The SEC does that, before they pass rthe case on to the Justice Department usually. This one started in the Secret Service and when from the Treasury to the Justice Department, and they’re not going to try to wind it up in some civil action, they’re going to kill it, a violent death, with no receiver. If they want the winners money (and some reports say they already took the bank accounts of some of them, too) they’ll take it, just like they took Andy’s…
ENOUGH! Get on with your life. Wake up! Every moment is precious.
[…] reports surfaced on the Pro-ASD Surf’s Up Forum in April. An order by the judge for prosecutors to respond to Andy Bowdoin’s pro se pleadings by a […]