BULLETIN: Describing the AdSurfDaily Ponzi case as one with a “tortured history” now dating back years, U.S. District Judge Rosemary Collyer of the District of Columbia has refused to transfer the criminal case against ASD President Andy Bowdoin to Florida.
Bowdoin, who lives in Florida, had argued for the transfer more than a month ago, citing his health problems, his wife’s health problems and inconvenience to witnesses as reasons to move the case.
In a 16-page opinion, Collyer said no.
“Mr. Bowdoin’s bald assertions of witness expense and inconvenience fail to counter the presumption that a criminal prosecution should be retained in the district where the indictment was returned, in this case, Washington, D.C.,” Collyer found Wednesday.
And although Collyer expressed sympathy for various medical issues with which Bowdoin’s wife is contending, the case will remain in Washington, the judge ruled.
Comments
10 responses to “BULLETIN: Federal Judge Declines To Transfer AdSurfDaily Ponzi Case To Florida, Says Andy Bowdoin Will Be Tried On Criminal Charges In District Of Columbia”
God Bless Judge Rosemary! (I think one is allowed under the circumstances
Patrick, lol) Once again she has shown herself to be a wise and fair Judge who richly deserves her appointment.
I’m guessing Her Honor will also deny the Motion to Dismiss??
LOL, Ya Think…?
Actually I think Honest Andy deserves some credit. Reading the opinion document, some of the reasons for refusal were down to Andy’s actions.
“He effectively acknowledged that the balance on all other factors are, at best, even.”
“Mr. Bowdoin admits that the location of events does not appear to be applicable factor in this case.”
“Since Mr. Bowdoin offers only a “naked allegation” that his witnesses will be inconvenienced, those witnesses are not otherwise identified by name or type, and no proffer of the nature of their testimony has been made, he has not satisfied the Court that transfer based on this factor is warranted.”
“Defendant’s age might be a factor to consider except that he was already in his 70’s when operating the AdSurfDaily business and traveling around the country promoting it.”
I can’t wait to see just who all is on Andy’s witness list. This should be good. Wonder if they are also “too honest to testify” like Andy was at his evidentiary hearing?
I’m wondering if Andy is using the same “expert” witnesses he used last time. You remember them, the “experts” that helped the government’s case and sank Andy’s arguments? I also find it odd these same “experts” are going to be involved in a civil suit by a group in Florida; it appears their opinions might go to the highest bidder.
Wouldn’t it be side slapping funny if the two cases called for the “experts” to be in two places at once??
Judge Denies Request to Move Trial for Alleged Ponzi Scheme Orchestrator to Florida
http://legaltimes.typepad.com/blt/2011/03/judge-denies-request-to-move-trial-for-alleged-ponzi-scheme-orchestrator-to-florida.html
Sure does not look like Faye or Andy have any problems in this picture:
http://img683.imageshack.us/i/img4358g.jpg/
Anyone know how we can check on the status of the paperwork we filled out and sent in to get our money back? Is there a we
Is there a website we can go to to check on it?