EDITORIAL: In The Past 24 Hours On The PP Blog . . .
Some things have happened here in the past 24 hours that deserve their own post and discussion thread.
EXTREMELY NOTEWORTHY
Poster “Tony H,” a longtime, thoughtful contributor, observed there could be more than one reason why some ASD members appear to be trying to discourage other members from filling out the government information form and claim form that will follow.
“Perhaps the reason some ponzi promoters have been advising the flock not to file a claim is because the ponzi supporters have filed multiple claims themselves,” Tony said.
Tony’s post struck us instantly as worthy of a wide-ranging discussion. Previously we noted that various bids to discourage ASD members from filing claims and cooperating with investigators smacked of a conspiracy to obstruct justice. We still believe that to be true.
But, as Tony pointed out, the shenanigans may not begin and end there. If he is correct, one possible reason some ASD members are discouraging others from filing claims is to create a condition under which they can maximize their shares of the restitution pool at the expense of victims, thus fleecing them twice.
If fewer people file claims, the pro rata shares of refunds from the government program would be higher. Beyond that, if an upline sponsor is discouraging downline members from filing individual claims by casting the government as evil, it could set the stage for all kinds of shenanigans.
- Upline sponsors could gain disproportionate shares of the restitution pool because “Mom” and “Pop” in the downline — the real victims — became fearful of filing a claim.
- Upline sponsors could be trying for reasons of self-interest to plant the seed that the sponsor has a duty to file a claim for the entire downline. Are some upline sponsors employing tactics of deceit, perhaps by saying things such as, “Don’t worry; I’ll fill out the form for you” or “Filling out the form only will get you in trouble” or “My downline members all agree that I’ll file the only claim and distribute refunds to members when I get the money from the government?”
The rules suggest each ASD member is/will be required to file an individual claim through a process in forfeiture cases known as “remission.” Upline sponsors appear to have no authority to file claims for downline members.
Because it is known that some downline members paid upline sponsors directly for “ad-packs” — as opposed to paying ASD itself for “ad-packs” — is is possible that some sponsors may try to manipulate members into not filing claims in a bid to keep the heat off the sponsors. Such direct sales by sponsors could affect a downline member’s standing in the case if the downline member cannot produce documentation that the purchase was made directly from ASD.
This is troubling. As poster “dirty_bird” has noted, such devious upline tricks have been pulled in other dying Ponzi schemes — and ASD is known to have a good number of professional Ponzi promoters in the organization.
We encourage readers to share their thoughts on this issue.
NOTEWORTHY
ASD mainstay Bob Guenther, de facto head of the ASD Members Business Association (ASDMBA), once again rattled the china when he bulled his way into a thread here.
In one thread, Guenther said the government was capturing “personal information” from people who called the new Justice Department hotline for ASD or visited the website prosecutors set up for ASD victims.
“So because the US Government sets up a hotline and a website, both of which will capture YOUR personal information, people think they will see a refund,” Guenther said.
We wondered if it had not occurred to Guenther that victims in criminal cases all have to make a showing to receive justice. It’s one of the reasons rape cases often are particularly difficult to prosecute and why prosecutors set up information/support networks to aid victims through horribly painful ordeals.
At the same time, we wondered why Guenther — who implies he can help ASD members get refunds faster than the government — suggested the government hotline was nefarious, that people should avoid it because of all the purported capturing of personal information.
Perhaps the answer to that question can be found in yet another thread into which Guenther plowed. He reminded our readers that ASDMBA used “pressure” to gain a refund for an ASD member.
“Let’s just say a little pressure was applied in the right places,” he said. Guenther was describing a case in which ASDMBA encouraged website visitors to “make Dan Trost’s life miserable until he refunds Mr. Smith’s $2,000.00 dollars.”
For good measure, the ASDMBA website provided Trost’s postal address, email address and phone number, along with these instructions:
“Call, email and write this man until he gives Bill Smith, Jr. his $2,000.00,” the ASDMBA website instructed, on a page marked “Testimonials.”
“With Unity there is Power,” ASDMBA instructed.
People can get in trouble for engaging in threatening behavior and vigilanteism.
NOTEWORTHY
A poster, “Arnet,” pointed out that there seems to be a disparity between the amount ($93.5 million) the U.S. Secret Service listed as seized in the ASD case and the amount ($65.8 million) federal prosecutors said was seized from ASD President Andy’s Bowdoin’s bank accounts.
Arnet noted the disparity is $27.7 million.
We noted that Golden Panda also is part of the ASD case, and the total seizure listed from Golden Panda/ASD combined was $79.88 million. This takes the seeming disparity down to $13.62 million.
But we also pointed out that perhaps no disparity exists because of reconciliations that occurred after the seizure. Some banks might have stopped payment on seized checks that had been deposited, for example.
It’s also possible that no disparity exists because the ASD case is proceeding on two separate tracks — civil and criminal — and that the $93.5 million figure reported by the Secret Service reflects what is publicly known about the forfeiture case ($79.88 million) and an additional amount that is filed under seal in a criminal matter.
It could be that $13.62 million — the difference between the amount published in the forfeiture case ($79.88 million) and the total seizure amount published by the Secret Service ($93.5 million) — is being held in a separate account in a case under seal.
As we pointed out, we’re not sure precisely what accounts for the seeming disparity of $13.62 million. We believe it a virtual certainty, however, that no disparity actually exists.
We believe the government will explain this issue in detail at an appropriate time. The investigation still is in progress. It’s important to remember it also involves the LaFuenteDinero autosurf, and that information concerning how LaFuenteDinero managed its operations and finances is particularly sketchy.
Two things should be noted.
1. Bob Guenther was purportedly admonished by his attorney in a letter, reportedly sent to Jack Arons from Larry Friedman’s law office during Friedman’s lawsuit against Arons, to “stop threatening people”. Arons posted images of this letter on the Internet.
2. The United States District Attorney for the District of Columbia has recently posted a new FAQ on their website. The FAQ states:
http://www.justice.gov/usao/dc/Victim_Witness_Assistance/adsurfdailyFAQ.html
Patrick, in a recent post on ASD-BIZ, Bob says:
You people AMAZE me. You will believe anything this guy Arons posts. It is beyond any intellectual mind set how naive and easy you people are when it comes to the internet.. Of course, thats how a guy like Andy knocked down $200Million…
Now Andy has $200 million. No wonder Bob wants control of it all….
Just for the record… Right now, today, at this moment, the US Government is in control of and has in its possession, approximately $12 Million Dollars, all Panda proceeds. They do NOT have, and in my opinion, will not have for some time, court ordered access to the ASD funds. Do you really think Andy, if and when he loses, will just say “shucks” and go on down the road?
My point is,filling out ANY Government form will not expediate your claim, give you preference, or speed up the process. The FEDS will not be in charge of this disbursement. The court will appoint a third party administrator or administrators, who will hire their own staff, and will answer to Judge Collyer for all of his actions and decisions. The administrator will come up with his own “Proof of Claim” form and process.
I just want people to know, filling out this BS form from the Government simply gives them “Free Discovery”.. If there is a practicing lawyer out there, not some internet armchair lawyer, please tell me where I am wrong in this scenario.
There is a disparity in funds, and I believe some of it has to do with STILL uncashed cashiers checks and/or stop-payments on these checks.
There is still more money to be considered:
1) Funds in a Canadian Payment Processor- in excess of $1M
2( Funds in a off shore Credit Card processor Account- in excess of $2M
3) Non Cash Assets of Andy and affiliates -in excess of $2M
4) If ruled a PONZI, the administrator will set a threshold , say $20,000. They will then go after all of the ASD “winners” that made more than the threshold amount, in excess of their investment. How long this takes is anyones guess, but no one will get a dime until that period of seizure is complete, or enough has been recovered to satisfy the court. Estimates that over $50MILLION dollars was paid out to the “winners”. A former employee of ASD with insider knowledge provided names to the ASDMBA of 10 people who received over $14MILLION DOLLARS.
5)Then there is the scam within the scam,I have noted and talked about this for a year. Tony properly describes this scam. There is no telling HOW many millions of dollars involved here. The problem is these people wont have a claim. They cant file a “Proof of Claim”, because they didnt remit the money to ASD. At the least, they probably have a claim against the person they gave the money to, Good Luck!!
For the record, last year Larry Friedman and I offered our services and particiption, in writing, to William Cowden and the DOJ. We offered to help interpret the back end balances, identify the winners and those that had been scammed within the company by the leaders,turn over any and all information we had collected or would collect and offered to set up a third party website to collect information. The thinking was people might be more comfortable going to a independent third party site instead of a US Gov/DOJ site..
Our requested fee for these services, NOTHING.. That’s right, we ask for NOTHING except the hard costs, which would be preapproved by the administrator.. So take your theory of wanting to “control” the funds. This offer was made over a year ago. In two conference calls with Cowden, in writing, and again in a face to face meeting last November..
If the injured parties in ASD and Panda just individually sit passively around and wait for the FEDS to give them any portion of their money back , you will wait through another Presidential Election, a change in administration and another AG.
Anyone that thinks different need only go and read about this typical Ponzi case:
http://www.wfperkinsforcep.com/
And this is a rather easy case, about a $30Million dollar distribution with only a few thousand members.. You will notice it has been going on for over 2 years and damn near $2Million in fees has been authorized.. But not a penny distributed to injured parties..
So say what you want people, you too Patrick, but it is what it is..
Bob posted this on a member of ASD-Biz forum home page:
At 3:39pm on October 31, 2009, Robert L said…
Randy,
There is a way to speed up the process, I dont post it here because of the conflict I have with this forum, nothing can be done right now, its all a waste of time until Judge Collyer rules, and that is forthcoming, according to the new prosecutor assigned to the case.. Cant really discuss it but I was in DC on Oct 19th to hire a local law firm in anticipation of a ruling
I was told today, the purpose of Bob hiring a law firm in DC was to get control of the ASD/PANDA money..AND, the door to that was, as expected, slammed in his face!
The only reason Bob does not want anyone to fill out the forms is because he too had an a large down line in ASD and was one of the so called winners. The Government is not going to give you or Larry any say in this matter one way or the other. One of the requirements for being an Administrator is that you be squeaky clean and that includes anyone involved in the distribution of funds. You could never pass the background check since you owe over 1.3 million dollars in a court judgment and having a conviction for Bank Fraud.
Yes Bob I would suggest that you find a REAL good Attorney as you are going to need one. Your biggest mistake was letting your ego get the best of you and going to Washington in the first place. Just like all those people that filed those claims in court you let them know just who you are and I am sure that they checked you out. Keep thinking that you are smarter than anyone else and continue to let your mouth overload your butt.
You keep forgetting that they have a copy of the ASD Database which includes the names of all the people you got into ASD and how much you and your Attorney invested.
The biggest problem you have is that the Government is smarter than you and all your cronies.
Kathy,
Once again you show your stupidity.. The purpose of my trip had absolutely nothing to do with the ASDMBA money. You dont know your hind end from that HUGE hole in the ground..
The law firm I met with has to do with Cheyenne Mountain R=Enetrtainment in Mesa AZ. My meeting concerning ASD was with 2 “former prosecutors” in the AG’s office, both of whom have gone into private practice. While on the hill I also met with 2 Senators and 2 Congressman, two of which concerning, among other things ASD..
You know nothing about what I do, when I do it or why I do it,, basucally you know nothing about me or my business affairs except what you read on the internet..
You and Arons really ought to get out more..
Jack,
One of the requirements of this Federal Court for being an administrator in the ASD Case will be that you are a lawyer, licensed to practice in DC or with stipulaton, licensed in another state, and granted authority to practice in DC..
And I was really a bug winner.. Lets see Jack, I joined July 12th, 2008 in Miami, since then I have posted my $5000 check on the internet AND verified through my bank that check was one of the ones taken at ASD Headquarters on August 4th, endorsed by the Feds and deposited in the new account opened at BoA.. So tell me Jack, how would I build a downline when all of the ASD people that joined knows well the back office and acounting system was never back up after the Miami Convention..
Jack, put the bottle down.. The problem is this, I believe you have never been a ASD member, and if you are, what is your ASD member number and how much did you put in, and when, and what business were you advertising,since you have no business… Careful now Jack, Ive been doing this long enough now I can tell by your number and deposit info if you are lying. So before you lie, call someone who is actually a member a get the info..
Before you start spouting off lying BS here Jack, you better get your facts straight, I feel like Patrick is knowingly allowing you to post false and malicious and erroneous information for the purpose of defamming me. Are you and Patrick conspiring against me. After all, I have not said anything malicious about you, everything I have said is factual. I make a comment about ASD, you and the fat lady retort about me personally. I really feel damaged Jack..
Bob, you have lost your mind. Plain and simple.
Patrick,
By the way, explain this to me, first you say “We encourage readers to share their thoughts on this issue, then when I do, you write this, and I quote ” ASD mainstay Bob Guenther, de facto head of the ASD Members Business Association (ASDMBA), once again rattled the china when he bulled his way into a thread here”
How do you bully your way into a thread? You can bully your way into a bunch of places, but a thread?
You really, really need to get out more dude..
The exact, sworn and certified amount of Golden Panda money in the government’s possession is $14,045,598.07 — or more than $2 million more than the figure you cite. The sworn and certified figure has been in the public record since May. Judge Collyer issued the forfeiture order for this amount July 24, nearly four months ago.
https://patrickpretty.com/2009/07/24/bulletin-judge-orders-golden-panda-forfeiture/
It’s not much of a point. At the same time, it’s a point that seems designed to discourage victims from filing a lawful claim and implies you have a better remedy that avoids government red tape.
What purpose possibly is served by discouraging victims from filing a lawful claim?
The Feds certainly WILL be in charge of the disbursement. In fact, the Attorney General of the United States has already delegated the responsibility. (Emphasis added.)
“The remission process is governed by the Code of Federal Regulations, Title 28, Part 9 (2009). When forfeiture is ordered by a federal court, AUTHORITY TO GRANT REMISSION RESTS WITH THE UNITED STATES ATTORNEY GENERAL. THIS AUTHORITY HAS BEEN DELEGATED TO THE CHIEF OF THE ASSET FORFEITURE AND MONEY LAUNDERING SECTION (AFMLS), which is located in the Criminal Division of the United States Department of Justice.
“AFMLS will manage the remission process, and other agencies involved in the case, including the U.S. Secret Service, as well as the United States Attorney for the District of Columbia, will have a role in the remission process.”
Source: Justice Department FAQ website for ASD victims Nov. 13, 2009, update.
“Federal regulations require that each claim for remission be reviewed by the Department of Justice and the federal investigative agency that seized the money. Because of the anticipated large number of claims, the Department of Justice is making arrangements with a private claims administrator to assist in reviewing the claims and distributing the money.”
Source: Justice Department FAQ website for ASD victims Nov. 13, 2009, update.
Again, you are discouraging victims from filling out the form.
Victims have to make a showing. Period. By insisting the form is “BS” and using loaded words such as “Free Discovery,” you are implying victims have something to fear. The victims’ group includes plenty of senior citizens. If they don’t fill out the form because you scared them into taking a total loss, then that’s on your plate.
This case is not easy because it includes a mix of real victims, professional Ponzi pimps, “insiders” and just plain cheating, lying thieves who knew they were recruiting people into a corrupt enterprise and didn’t care because the money was too good.
“Within the next few months, former members of Ad Surf Daily, Golden Panda, Ad Cash Generator, and La Fuente Dinero will receive a claim form asking them questions about how much money they paid into the schemes and received back. This claim form must be completed, signed under penalty of perjury, and returned to the government. The form must be completed even if the claimant previously submitted an electronic “Information Submission Form†through the website of the United States Attorney for the District of Columbia.”
Source: Justice Department FAQ website for ASD victims Nov. 13, 2009, update.
So, in one simple comment, you’ve misinformed readers about the total of the GP seizure and the process by which restitution will be disbursed. At the same time, you’ve implied you have a better remedy and that the government is up to no good, which might have a chilling effect on victims.
Patrick
Funny, but what about all the posts where you have defamed Jack. You never stopped making defamatory and erroneous statements, about many people, not just Jack. But it’s OK if you do it, eh? And now you are seeing a conspiracy, Jack and Patrick are out to get you. Very little you say is factual. When you are asked for proof, you give none; we’re supposed to take your word for it.
So you feel damaged, huh? Don’t expect us to wipe away the fake tears.
Great post Patrick.
One more item needs to be noted.
ASD is being handled by the Justice Department and Secret Service as an asset seizure. ASD is NOT being handled by the SEC ala 12DP or CEP, FTC or other agencies which usually appoint a receiver. This has been pointed out on numerous occasions by Gregg Evans. The applicable rules may be different although it seems the stated intent is to return as much money to the victims as possible.
As always, if people have questions regarding nuances or the wisdom of filling out the forms, they need to seek qualified legal counsel.
Umm,
What on Gods’ earth are you talking about ????
Did you just make that up on the spur of the moment, or something ???
How about a little bit of “proof” Mr Guenther ????
Goodness, gracious, man, can you not read, much less comprehend ???
The Department of Justice goes to all the trouble of setting up an FAQ page which quite clearly lays out how and under which Federal statutes the process is to take place, but a failed car salesman knows better, is that what you’re saying ????
Well,
it seems my question from a previous post, has been answered.
I asked Blowhard:
“Goodness, gracious, man, can you not read, much less comprehend ???”
It’s obvious from the above quote, he simply can’t do either.
Patrick describes Blowies’ behaviour as “BULLING” his way into a thread (even a ‘net lawyer Antipodean halfwit such as me had no trouble understanding Mr Pretty was attempting to describe Guenthers’ behaviour as being BULL like i.e. charging into the thread like the proverbial bull in the chinashop)
But no such understanding for Mr Guenther.
Nope, instead, he of the razor sharp mind launches into a tirade about bull-Y-ing and then offers unsolicited advice on ways of improving Patricks’ social life.
He’s a worry, that boy.
Gee Bob why did you not tell us that they had a movie out about your life.
My wife and I rented a movie called “Idiots and Angels” the Robert Lee Guenther Story
Plot: Angel (Robert Lee Guenther as himself)is a selfish, abusive, morally bankrupt man who hangs out as his local bar, berating the other patrons. One day, Angel mysteriously wakes up with a pair of wings on his back. The wings make him do good deeds, contrary to his nature.
So Patrick, when all of this plays out and the ASD and Panda members find out the process and the absolute truth about how they will go about trying to get their money back, how long it will take and the chances of it happening, assuming of course you and the others are not 100% correct in the information you are spreading, will you come back out and admit you were wrong??
Will you tell the real story as it unfolds, or will you candy coat it. If an administrator is appointed, will you assist the Members with the process and will you contimue to pst any abuses or unneccessary delays the Feds process is causing..
Which side do you take, the truth or the way that you hoped it would be..
The feds haven’t delayed anything yet…..contrary to you and your faux association providing transparency for the money you took from people and did absolutely nothing for.
How can Patrick be wrong when he is following what the government has said themselves and provided the links to it?
You are the only spouting off and not providing anything to back up your babble.
You are not going to get near the money as much as that pains you to great lengths.
Apparently Bob does not see the irony when he advocates “direct action” and other extra-legal means to get refunds from ASD, Panda and some of the “big winners”, as adjudicated by one Bob Guenther.
When ASDMBA investors feel they have been duped, Bob advises people to “sue me”, a legal remedy. Direct action does not enter his lexicon.
What’s good for the goose is good for the gander, isn’t it?
Why the cuffs have not been slapped on him months ago puzzles me but I think it will be worth the wait.
What would be really interesting is how Guenther knows with any certainty WHAT the prosecution are doing/have done with regard to ASD or Golden Panda.
How he knows with any certainty EXACTLY how much money is or was in Golden Panda.
How he knows with any certainty that Busby forfeited ALL the money ???
How does Guenther “claim” to know the things he presents as being “fact”???
Simple,
“Bowdoin said” or “Busby said” or “someone high up in ASD/GP/LF said” or “I went to Washington” or “I made phone calls” or “when I was in Mr Cowdens’ office”
If someone should decide to do a remake of the popular’60’s television show “Hogans’ Heroes” there’s no prizes for guessing who’s a shoe-in for the role of Sargeant Schultz with his catchcry of:
“I know nothing – NOTHING!”
Our requested fee for these services, NOTHING.. That’s right, we ask for NOTHING except the hard costs, which would be preapproved by the administrator.. So take your theory of wanting to “control†the funds. This offer was made over a year ago. In two conference calls with Cowden, in writing, and again in a face to face meeting last November..
Holy Carp – if I remember correctly, the “fee” taken by you two was somewhere in the region of 130,000$US! AND that was taken without any reasonable demonstration of WHERE it went.
Bob, if I was Deborah Connor (yes Bill Cowden is no longer the Head of the Criminal Asset Forfeiture Division at USAO) I would give a wide berth to anyone who responds to ASD Victims with the lack of basic courtesy and compassion that you demonstrate towards them. Some of those who you insult and deride on this and on other internet media lost money they could ill afford to lose to this fraud. You did your little bit to relieve them of even more of their money.
Neither you nor your attorney chum Larry Friedman are the least bit capacitated to have anything to do with the distribution of the ASD funds. In the unlikely event that Ms Connor and the Asset Forfeiture Division do lose their marbles and pick either one of you and your associates, you can count on the fact that the ASD Victims will be up in arms.
Enough is enough. This case is not about Robert Guenther nor Larry Friedman – it is about Andy Bowdoin and HIS accomplices. The only one who doesnt seem to understand that is you.