BULLETIN: Feds Move To Stay Discovery In Lawsuit Filed By ASD Figures Dwight Owen Schweitzer And Todd Disner; Prosecutors Say Neither Schweitzer Nor Disner Responded To May 23 Email

BULLETIN: Federal prosecutors have gone to federal court in the Southern District of Florida, asking a judge to delay discovery in the November 2011 lawsuit filed against the government by AdSurfDaily figures Dwight Owen Schweitzer and Todd Disner.

In cases in which plaintiffs sue the government in federal court, assistant U.S. Attorneys who ordinarily may assist in the prosecution of civil and criminal cases put on a new hat and become lawyers representing the government as a client.

An assistant U.S. Attorney is now the lawyer for the government because Schweitzer and Disner effectively sued the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia for alleged misdeeds in the ASD case even as they accused the U.S. Secret Service of assisting in the government presentation of a “tissue of lies” against AdSurfDaily President Andy Bowdoin and ASD itself.

Schweitzer and Disner have not been accused of wrongdoing. Among the curious assertions in their lawsuit against the government was that undercover agents who had infiltrated ASD had a duty to report the agents’ alleged ASD Terms of Service violations to ASD management.

After their ASD days, Disner and Schweitzer moved on to become affiliates for Zeek Rewards, an MLM “program” that plants the seed that returns between 1 percent and 2 percent a day are possible and that Zeek does not constitute an investment opportunity. ASD planted the seed that it paid 1 percent a day and also claimed it was not offering an investment opportunity.

In 2008, prosecutors said ASD was relying on wordplay to try to skirt securities laws. ASD President Andy Bowdoin pleaded guilty to wire fraud in the ASD case on May 18 and acknowledged he was at the helm of a Ponzi scheme and illegal money-making business that had defrauded members since its inception in 2006.

By the end of the business day on May 18, prosecutors asked a federal judge in Southern Florida — the venue in which Disner and Schweitzer brought their lawsuit — to take notice of Bowdoin’s guilty plea before U.S. District Judge Rosemary Collyer more than 1,000 miles north in the District of Columbia. Even as they pointed to Bowdoin’s guilty plea, prosecutors asked that the Disner/Schweitzer case be dismissed.

Prosecutors say their dismissal motion would eliminate the need for any discovery if approved by U.S. District Judge Judge Cecilia M. Altonaga in the Southern District of Florida. If Altonaga chooses not to dismiss the Schweitzer/Disner complaint, prosecutors said, the case should be moved to the District of Columbia, the venue in which at least three civil-forfeiture actions against ASD-related assets were brought in 2008 and 2009.

In their June 4 motion to delay discovery pending a ruling on the dismissal motion, prosecutors said they emailed Schweitzer and Disner on May 23 “seeking their positions on the defendant’s motion to stay” discovery, but that neither Schweitzer nor Disner responded to the emails.