OBTAINED: Copies Of ASD Seizure Warrant, ‘Freeze’ Order

ANNOUNCEMENT 7:21 P.M. ET (U.S.A.): The PatrickPretty.com Blog has obtained copies of seizure warrants, warrant returns and “freeze” orders in the alleged AdSurfDaily Ponzi scheme.

The warrants are part of the forfeiture case against ASD’s assets. They were filed under seal Aug. 1, 2008 — the same date a note appeared on the ASD website that the autosurf firm could not move money in and out of its bank accounts.

A federal magistrate judge presided during the opening hours of the case, ordering Bank of America to freeze tens of millions of dollars. The documents are the first to reveal that a judge other than U.S. District Judge Rosemary Collyer has had a role in the case.

“I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the property so described is subject to seizure and that grounds exist for the issuance of this seizure warrant,” the orders advised the bank.

Seizure warrants for ASD President Andy Bowdoin’s bank accounts were signed by U.S. Magistrate Judge Alan Kay, whose signature on the documents destroys the myth advanced by some ASD supporters that the U.S. Secret Service seized Bowdoin’s assets extrajudicially.

Kay’s order specifically directed the Secretary of the Department of Homeland Security and “any Authorized Officer of the United States” to seize the accounts between 6 a.m. and 10 p.m. and the the bank to freeze the accounts.

An affidavit submitted to Kay by a Secret Service agent to gain warrant approval was 37 pages in length. A separate showing of evidence comprised 57 pages, including surveillance photos of ASD’s headquarters building and the entire “Legality Statement” issued by ASD attorney Robert Garner.

Indeed, the U.S. Secret Service was in ASD’s home base of Quincy, Fla., observing the lay of the land before filing the Aug. 1, 2008,  affidavits and evidence exhibits.

We will file a full report soon.

UPDATE 10:42 A.M. ET (U.S.A.) NOV. 18

See follow-up story.

About the Author

5 Responses to “OBTAINED: Copies Of ASD Seizure Warrant, ‘Freeze’ Order”

  1. Homeland Security you say……could be very interesting from this point forward. I wonder if the Surf’s Up mods know that their little scam involves Homeland Security-related issues. I’d be even more worried now if I were Kathryn Milner, Terralyn Hoy, et al…….

  2. Hurry, Patrick! This is very, very exciting news!

    BTW, what do you make of this tidbit from the Leon County Clerk of the Court website? Why would McDonnell represent only Adsurfdaily, while a second attorney represents Adsurfdaily and the individual defendants? Could it be poor wording? I don’t recall seeing Pamela Marsh’s name before, do you?

    http://cvweb.clerk.leon.fl.us/process.asp?template=dockets&addQuery=real_case.case_id='9089042

    0/21/2009 STIPULATED MOTION FOR SUBSTITUTION OF COUNSEL MICHAEL R MCDONNELL (Attorney) on behalf of ADSURFDAILY INC (DEFENDANT); PAMELA C MARSH (Attorney) on behalf of ADSURFDAILY INC, THOMAS A BOWDOIN JR, EDNA FAYE SELMAN BOWDOIN (DEFENDANT)

  3. The substitution of counsel date shown above was cut off. The posting to the Clerk’s website was October 21, 2009 — not too long ago.

  4. 10/13/2009 ORDER on stipulation for substitution of counsel
    10/21/2009 STIPULATED MOTION FOR SUBSTITUTION OF COUNSEL MICHAEL R MCDONNELL (Attorney) on behalf of ADSURFDAILY INC (DEFENDANT); PAMELA C MARSH (Attorney) on behalf of ADSURFDAILY INC, THOMAS A BOWDOIN JR, EDNA FAYE SELMAN BOWDOIN (DEFENDANT)

  5. This is getting sooooo good. Pont, Milner, Hoy, the “we paid for advertising” crap won’t hold up. Enjoy prison.