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Category: Ad Surf Daily

  • Richard M. Harkless, Ponzi Scheme Figure, Sentenced To 100 Years In Prison; Judge Says He Showed No Remorse

    A California man convicted of wire fraud, mail fraud and money-laundering in a $60 million Ponzi scheme has been sentenced to 100 years in prison and ordered to pay nearly $35.5 million in restitution.

    Separately, Richard M. Harkless was ordered to pay $42 million in disgorgement, prejudgment interest and civil penalties in a case brought by the SEC. Three accomplices were ordered to pay assessments totaling $28 million and sentenced to a combined total of up to 18 years in prison.

    The scheme featured payouts to whet the appetites of investors, a program designed to encourage them to “roll over” money to keep it in the system and appeals to get family members and friends involved, prosecutors said.

    Dozens of victims wrote to the judge, requesting a harsh sentence. One of the victims in the case was a 79-year-man who lost $85,000 and now depends on help from a church and a senior center that serves free meals to get by.

    Harkless’ 100-year sentence is believed to be the longest sentence for a white-collar crime ever handed down in the Central District of California, and the judge minced no words in condemning the scheme

    U.S. District Judge Virginia A. Phillips said Harkless had shown no remorse for his crimes, pointing out that he had taken advantage of vulnerable people, some of whom lost their retirement savings and college funds.

    Harkless, 65, caused “every kind of grief and loss imaginable” and demonstrated he “would commit his crimes all over again if given the chance,” Phillips said.

    Harkless operated the MX Factors Ponzi scheme earlier this decade. Prosecutors said he began to hide money offshore when the scheme was on the verge of discovery by authorities.

    “As the scheme began to collapse [in 2004], Harkless diverted millions of dollars of investor money to Belize and Mexico,” said the office of Acting U.S. Attorney George S. Cardona. “In the final months of the scheme, once Harkless knew that he was under investigation by various state regulators, he accelerated his fundraising and accelerated the transfer of funds to his own accounts in Belize.”

    Harkless then fled to Mexico, prosecutors said. He tried to slip back into the United States in 2007, but was arrested by IRS special agents in Phoenix.

    The case featured the combined investigative tools of the Justice Department, the IRS, the SEC, the U.S. Postal Inspection Service and the FBI.

    Harkless “skimmed investor funds to finance a Mexican crab fishing business, pay personal expenses, and fund overseas bank accounts,” the SEC said today, in announcing the sentence.

    Three Harkless accomplices also have been sentenced to federal prison.

    Daniel Berardi, Thomas Hawkesworth and Randall Harding pleaded guilty and received sentences of up to six years each.

    Berardi and Hawkesworth were ordered to pay more than $11 million in disgorgement, prejudgment interest and civil penalties. Harding was ordered to pay more than $17 million.

    Investors in what MX Factors positioned as a government-guaranteed loans program were promised returns of up to 14 percent every 60 to 90 days and encouraged to keep their money in the system by “roll over,” prosecutors said.

    “The vast majority of MX Factors investors were ‘reloaded,’ meaning that they were convinced to invest money more than once,” prosecutors said.

    Much of the evidence in the case would sound like a familiar refrain to readers of autosurf Ponzi boards and surf promoters, although MX Factors was not an autosurf.

    “[S]everal victims testified that Harkless and his co-conspirators encouraged potential investors to try out the MX Factors program, investing in one 60- or 90-day cycle and then withdrawing their money to see if it worked,” prosecutors said.

    “Once victims felt more comfortable with the program, Harkless and his co-conspirators encouraged them to invest even more and to get their families and friends to invest as well,” prosecutors said.

  • BREAKING NEWS: Bowdoin Attorney Says Client ‘Not Happy’; Claims Government’s Position ‘Indefensible’

    UPDATED 4:58 P.M. EDT (U.S.A.) ASD President Andy Bowdoin is “not happy” and recent filings by the prosecution and the U.S. Secret Service are “indefensible,” Bowdoin’s lawyer said in court filings today.

    Charles A. Murray, Bowdoin’s attorney, argued again that Bowdoin had been ill-served by a previous attorney when he agreed to surrender claims to tens of millions of dollars seized in a wire-fraud and Ponzi scheme case last year, adding that the government was attempting “to obfuscate and derogate any and all statements made by Mr. Bowdoin.”

    “It is not difficult to believe that a person placed in Mr. Bowdoin’s position, facing possible jail time at 74 years of age and losing the company he built up, would have put Mr. Bowdoin in a state of mind wherein he agreed to do what his attorney was telling him to do and what the government was urging him to do,” Murray said.

    Bowdoin released his claims to the money in January, withdrawing the claims “with prejudice.” U.S. District Judge Rosemary Collyer granted Bowdoin’s request to release the claims Jan. 22.

    By late February — this time without an attorney — Bowdoin said he had changed his mind about submitting to the forfeiture, and began to file a series of pro se motions to get back in the case.

    Prosecutors said Sept. 25 that Bowdoin was trying to lie his way back into the case and that Murray was engaging in “fantasy.”

    On Sept. 28, the Secret Service filed a transcript of an audio recording Bowdoin or a person who aided him had posted online the previous week, and prosecutors described the recording as evidence “this con man cannot manage to keep his stories straight.”

    Bowdoin, prosecutors argued, was “delusional.”

    “To this Court, Bowdoin insinuates that he was misled by his former attorney before agreeing to cooperate and to release claims,” prosecutors said Sept. 28. ”To the former members, however, Bowdoin proclaims that ‘after a few months’ of cooperating he became ‘unhappy with [his prior attorneys’] results and decided to stop cooperating because ‘it would not have been beneficial to everyone’ for him to ‘accept a plea deal[.]‘”

    “Remarkably, Bowdoin even suggests to those members participating in the conference call that the money taken from his bank accounts and, supposedly, never constituting an investment, belongs, not to Bowdoin, but to the membership,” prosecutors said.

    Murray said the government argued no law and took “great pains to provide the Court with a transcribed telephone call.”

    “[I]t is not surprising that Mr. Bowdoin was unhappy with his former attorney,” Murray said. “It is not surprising that Mr. Bowdoin is angry with the government and his
    attorney. He signs a release of claims, and now the government is pursuing criminal charges.”

    Bowdoin, Murray said, “was doing what he truly must do at this point in time. He must protest his innocence and take the case to trial. The Plaintiff seems particularly intent in trying to persuade this Court that Mr. Bowdoin knew what he was doing and, strangely, should be happy with the position in which he currently finds himself.

    “Mr. Bowdoin is not happy,” Murray continued. “He did not receive proper counseling. Mr. Bowdoin should have been told from the very beginning that the government was not going to bargain with him. There was no mutual release wherein the government stated ‘no prosecution’ or ‘no jail time.’ There was no mutual release wherein the government stated that it would argue for a reduced sentence. It was all smoke and mirrors, and Mr. Bowdoin’s attorney did nothing to cut threw it.”

    Today’s filing by Murray did not address a veiled reference to the AdViewGlobal autosurf prosecutors made in their Sept 25 filing.

    Read Bowdoin’s response.

    See story on prosecution’s Sept. 25 filing.

    See story on Secret Service filing Sept. 28.

  • TEA LEAVES: AdSurfDaily Case About To Come To A Head?

    EDITOR’S NOTE: Reading the tea leaves in court cases often is an iffy proposition, and there often is no way to know what will happen when. Readers are advised to keep those thoughts in mind when considering the information in this story.

    UPDATED 7:03 P.M. EDT (U.S.A.) Recent court filings suggest — although it is far from clear — that dramatic events could occur soon on at least three fronts in the AdSurfDaily case.

    Consider:

    • The government today added two prosecutors to its roster in the main civil-forfeiture case against tens of millions of dollars and real estate seized in August 2008 from ASD President Andy Bowdoin. Both new members of the team are experienced in criminal prosecutions, including appeals. One of the prosecutors has served in complex cases involving international banking and money-laundering, as well as cases involving the Federal Bureau of Investigation and the Drug Enforcement Administration.
    • A federal judge, noting that no claimants have stepped forward in a second forfeiture case filed in December 2008 and targeted at assets tied to ASD, now has ordered prosecutors to state their intentions by Nov. 6 on how they intend to proceed in the December case. Potential claimants included Bowdoin and his wife, Edna Faye Bowdoin, and her son, George Harris. Judy Harris, the wife of George Harris, also was a potential claimant, as was Hays Amos, a former ASD employee.

    The Harris home in Tallahassee was seized in the December complaint, as was a car registered to George and Judy Harris. Prosecutors said a mortgage of more than $157,000 on the Harris home was retired with illegal proceeds from ASD, adding that Edna Faye Bowdoin and George Harris worked together to establish a bank account into which ASD funds were deposited and quickly wired to a third bank to pay off the mortgage.

    Prosecutors said the account was opened June 10, 2008, at Capital City Bank, less than two weeks after ASD concluded a rally in Las Vegas at which Andy Bowdoin exhorted the crowd to internalize the thought of acquiring large sums of money.

    The account was opened in the name of Bowdoin/Harris Enterprises Inc. and was funded with an opening deposit of $177,900.12 from two ASD accounts at Bank of America.

    Less than two weeks later, the lion’s share of the money was used to retire the mortgage on the Harris home — a home for which the couple has not filed a claim.

    (Emphasis added in the paragraph below.)

    “On or about June 23, 2008, George Harris requested via a telephone call that an electronic wire for $157,216.79 be sent from his Capital City Bank account to Citi Mortgage Inc.,” prosecutors said. “The reference that Mr. Harris provided was ‘REF: PAYOFF JUDY HARRIS #XXXXXX2292.’”

    The clear implication from the language of the complaint was that money from ASD — money prosecutors said Andy Bowdoin had acquired through a wire-fraud and money-laundering scheme — had been used a second time to commit wire fraud, this time by George Harris with help from his mother, Bowdoin’s wife.

    Four members of the Bowdoin/Harris family were involved in one way or another in the transaction, with George Harris becoming a supplemental beneficiary and Judy Harris becoming the final beneficiary. The mortgage on the property was recorded in Leon County, Fla, as paid on July 11, 2008, with the filing of a “satisfaction of mortgage.”

    Another way to look at the transaction is that it put each of the principal members of the Bowdoin/Harris family at great risk of getting arrested and, upon conviction, going to prison.

    George and Judy Harris later emerged as “Trustees”  — and then the purported owners of the AdViewGlobal (AVG) autosurf. Bowdoin was the silent head of AVG, members said.

    AVG purported to he headquartered in Uruguay. It launched in the wake of the filing of both forfeiture complaints, and also the filing of a racketeering lawsuit against Bowdoin and ASD by individual members. The racketeering lawsuit first was filed in November 2008 in Florida — in the immediate aftermath of a major court ruling against ASD in which a federal judge said ASD had not demonstrated it was a legal business and not a Ponzi scheme at an evidentiary hearing last fall.

    Attorneys for the plaintiffs dismissed the case in Florida, and refiled it in the District of Columbia in January 2009. AVG formally launched in February 2009, despite all the litigation that had piled up around Bowdoin and the Bowdoin/Harris family.

    On Sept. 25, prosecutors made a veiled reference to AVG in a court filing in which they accused Bowdoin of trying to lie his way back into the August 2008 civil-forfeiture case after he had already submitted to the forfeiture in January 2009.

    Here, in its entirety, is the Sept 25 reference: (Italics added.)

    “Maybe Bowdoin mistakenly thought that he could con the government into believing that he was just a harmless, foolish old man. Ironically, after telling thousands of investors that he intended to build the world’s preeminent advertising company for them, in order to make them 100,000 millionaires, Bowdoin tries to con this Court, telling it that because he’s 74 and has a heart condition, any incarceration amounts to a death sentence. See Document #132 ¶8. Was he lying then, or now?

    “Or, it may be the case that Bowdoin never intended to plead guilty when he agreed to debrief, and was just buying time while searching for a different exit strategy that failed to materialize. Maybe Bowdoin thought that before the government brought its charges he (like some of his family members) could move to another country and profit from a knock-off autosurf program that Bowdoin funded and helped to start.

    “Or, maybe other attorneys Bowdoin employed, or ASD’s other promoters convinced Bowdoin that if he paid some of the fraud proceeds the government had missed to them (the money laundering as Mr. Murray reports), they could help to circle the wagons or otherwise do a better job than Akerman Senterfitt did when it tried to prove that free advertising was a true profitable sale and not a poorly disguised, and unsustainable, investment opportunity.

    “But what is clear from Bowdoin, himself, is that neither the government, nor Bowdoin’s experienced criminal defense counsel, ever told Bowdoin that it was reasonable for a defendant convicted of operating a $100 million wire fraud scheme to expect probation.”

    Three days later, on Sept. 28, prosecutors returned to court, filing a supplemental brief and a U.S. Secret Service transcript of an audio recording Bowdoin or a person who aided him posted online.

    (Italics added.)

    “Remarkably, Bowdoin even suggests to those members participating in the conference call that the money taken from his bank accounts and, supposedly, never constituting an investment, belongs, not to Bowdoin, but to the membership. It is clear that this con man cannot manage to keep his stories straight,” prosecutors said.

    Bowdoin’s claim in the transcript of the audio recording is at odds with his own court filings — filings in which he claims to be the owner of the seized funds. It is clear from the language prosecutors used in their supplemental filing that they now have the option of arguing that Bowdoin’s statement to the membership was tantamount to a confession that he was selling unregistered securities as investment contracts, not advertisements as he had claimed.

    In the hours that followed, some ASD members appeared to suggest in various emails that ASD members should not cooperate if contacted by the Secret Service.

    Given the nature and the content of recent filings from parties on both sides of the case, the ASD prosecution could be building to a crescendo. Prosecutors have many options, and appear to be preparing to use them — up to and including acting on the December forfeiture complaint at the moment that best suits their strategy.

    There could be dramatic developments — and surprises — ahead.

  • U.S. Employment Numbers Worst Since 1983; Social Security Takes A Hit From Discouraged Early Retirees; FDIC Seeks To Recapitalize In Wake Of Nearly 100 Bank Failures In 2009

    When the AdViewGlobal (AVG) autosurf — now failed — was in prelaunch phase in December 2008, it positioned itself as an offshore cure for what ails the U.S. and world economies.

    Less than two years earlier, promoters of the AdSurfDaily autosurf — which has close ties to AVG — implied that the individual surf accounts of ASD members were insured by the FDIC and that ASD provided “shelter” from the FTC and the SEC.

    ASD’s assets were seized by the U.S. Secret Service in August 2008, amid allegations of wire-fraud, money-laundering and selling unregistered securities via a Ponzi scheme. Only months later AVG began its ignoble task of encouraging members to move cash offshore and permit it to be managed by unknowns, thus separating participants from even more wealth.

    The result was a colossal failure AVG announced in June, before it disabled its forum to prevent members from asking uncomfortable questions. AVG even threatened members who shared the news with copyright-infringement lawsuits. Indeed, AVG went from a much ballyhooed cure to a thuggish disease that attacked its own participants in only weeks.

    Neither ASD nor AVG created any new wealth or cured anything. About the only thing the surfs managed to do was siphon wealth from one group and transfer it to another, all during a time a global recession was rearing its ugly head and putting jobs and lifetimes of hard work in harm’s way.

    The U.S. economy shed 263,000 jobs in September, and the unemployment rate edged up to 9.8 percent, the Labor Department said yesterday.

    Unemployment virtually has doubled since December 2007. The number of persons looking for work now totals 15.1 million, and the unemployment rate is the highest since June 1983.

    When discouraged workers and workers who’ve accepted part-time jobs in the absence of full-time employment are factored into the numbers, the so-called “real” unemployment rate is 17 percent. The number could be distorted — meaning the true employment numbers could be masked to a degree — because older workers separated from their jobs have been applying for Social Security, rather than continuing their struggle to find work when the odds are against them.

    The Social Security Administration told Bloomberg News that it had expected an increase of 315,000 applications for the one-year period ending Sept 30, but instead received 465,000, an increase of 150,000 applications.

    Meanwhile, regulators seized three more U.S. banks yesterday, bringing the year-to-date total to 98. Because the FDIC  is close to operating in the red, the agency is in the process of recapitalizing and has proposed a plan that would force banks to pay insurance premiums early to protect customer deposits, rather than pass along the cost of the recapitalization to taxpayers.

    “First and foremost, bank customers should know that their insured deposits have and always will be 100 percent safe, no matter what,” said FDIC Chairman Sheila Bair. “This commitment to depositors is absolute. The decision today (Sept. 29) is really about how and when the industry fulfills its obligation to the insurance fund. It’s clear that the American people would prefer to see an end to policies that look to the federal balance sheet as a remedy for every problem. In choosing this path, it should be clear to the public that the industry will not simply tap the shoulder of the increasingly weary taxpayer.”

    At risk, however, are banking profits when the industry already is struggling, but the FDIC insists that “banks overall have enough liquid assets to make the proposed prepayment.”

    U.S. regulators have not confronted a challenge of this magnitude since the late 1980s and early 1990s, when the savings and loan industry recorded 745 failures, in no small part due to fraud, mismanagement and regulatory laxity.

    Here is the bank-failure list so far in 2009:

  • Guenther Softens Comment That ‘Sheriff Joe’ Arpaio Was Soft On Crime; Says Recent Email Lecturing Veteran Federal Prosecutor Was Sent At Behest Of Crime Victims

    AdSurfDaily mainstay Bob Guenther backed away overnight from a comment that suggested an Arizona county sheriff known for instituting chain gangs and outfitting prisoners in pink underwear was soft on crime.

    Sheriff Joe Arpaio of Maricopa County would be Guenther’s jailer if he is convicted and sentenced to prison in the county. Guenther, 61, is accused of two felonies in Maricopa County by the Mesa Police Department, which said  he repeatedly violated a court order not to harass a gaming company with which he has a dispute.

    Guenther complained early Wednesday that an individual he described as a criminal “is still walking the streets, still taking in millions of investors money, still hiding assets, right there under Sheriff Joe’s nose..”

    Overnight, however, Guenther softened his remarks about Arpaio.

    “I made no disparaging comments regarding Sheriff Joe,” Guenther said. “Mesa, AZ is just in his jurisdiction.”

    Guenther, who pleaded guilty to felony bank fraud in 1994, did not back away from claims that he would use unspecified “political connections” to embarrass the U.S. Department of Justice, which he suggests has ignored leads he provided and conducted an incompetent investigation in the AdSurfDaily wire-fraud, money-laundering and Ponzi scheme case.

    He complained that Senior Trial Attorney William Cowden had not returned more that 50 emails he had sent. Federal prosecutors, however, are under no obligation to return emails, and the ASD case is an investigation in progress.

    On Monday, for example, the U.S. Secret Service filed a new document in the case — the transcript of an audio recording ASD President Andy Bowdoin made earlier this month. Bowdoin has suggested in court filings that he was indicted under seal in May. Prosecutors revealed in April that Bowdoin had signed a proffer letter in the case.

    Guenther’s most recent email to Cowden had a condescending tone, including a passage that began, “How about this one Bill, just as a freebie.”

    The email lectured the prosecutor, an expert in forfeiture law and part of the prosecution team that gained a conviction against the e-Gold payment processor last year for facilitating money-laundering.

    ASD once used e-Gold as its payment processor.

    “I will not sit on this anymore, you are going in circles . . . ” Guenther said in his email to Cowden. “You have my number and my email..”

    In April, on this Blog, Guenther reproduced an email he had received from Cowden in February. In his one-sentence response to Guenther, the prosecutor noted that he earlier had explained that the case was the Justice Department’s to handle and that it would proceed as it saw fit.

    “As I have said before, we intend to use forfeited assets (upon liquidation) to compensate Ponzi victims,” Cowden said.

    Guenther reproduced the same information on the ASDMBA website, but continues to suggest Cowden has a duty to reply to all of his emails and perhaps even reveal the government’s prosecution strategy.

    Guenther is the de facto head of the ASD Members Business Association (ASDMBA), which has come under fire for collecting money from ASD members to establish legal representation but not providing straightforward accounting on how the money was spent.

    At the same time, Guenther also has asserted that, through his efforts, money that had been directed at Golden Panda by active-duty police officers and retirees from Texas and California was intercepted and returned to the police groups before it could become part of a victims’ compensation pool prosecutors said they sought to establish.

    Cowden referenced the pool in his February response to Guenther’s email.

    Meanwhile, Guenther also says that money others directed at Golden Panda — including money from a “high profile Dallas Cowboy executive” — was intercepted and returned to contributors before it could become part of a victims’ pool.

    Overnight, Guenther explained that his most recent email to Cowden was sent at the behest of “concerned” crime victims.

    “My letter to William Cowden was requested by several concerned groups of victims,” Guenther said. “Over 300 ASD and Panda victims, most of whom have given Andy [Bowdoin]/ASD or [Golden] Panda over $5000. Another particular group of over 400 people, represented by four Atlanta area men gave [Golden Panda Ad Builder President Clarence] Busby over $1.8Million, none of which was earned through ASD, so there is no link between the two.”

    Prosecutors, however, filed an “all funds” forfeiture complaint last August that targeted assets of both ASD and Golden Panda in the same proceeding. The government has established ties between the firms, and one of the pro se filers in the case — Joyce Haws — has been identified as a rally coordinator for ASD and a founder of Golden Panda.

    Busby identified Haws as one of 34 Golden Panda founders in court filings.

    Meanwhile, Guenther implied in his email that ASDMBA soon would become active again, in part because the government was botching the case. He predicted that the Rev. Al Sharpton and the Rev. Jesse Jackson would become advocates for victims who attended “a very high-profile African-American church in Atlanta.”

    “When this comes out, and it will, this very, very high profile church will call on the likes of Jesse Jackson and Al Sharpton to assist in getting their money back,” Guenther said. “They have asked me to help.”

    Rather than be passive, ASDMBA would be aggressive, Guenther said.

    “So now it is time to round up all the troops again and get ready to try and “GO GET THE MONEY”..

  • ASD Mainstay Bob Guenther Lectures Federal Prosecutor, Says He’ll Call On ‘Political Connections’ To Embarrass Justice Department; Claims Maricopa County Sheriff Joe Arpaio Not Tough Enough On Crime

    Already facing two felony charges in Arizona stemming from what police described in court filings as a repeated pattern of harassment against a gaming company, Bob Guenther now has taken aim at a federal prosecutor involved in the AdSurfDaily case.

    Guenther, 61, who describes himself as a former Marine and Vietnam veteran, forwarded a copy of an email to this Blog early this morning, suggesting the email has or will be sent to Justice Department Senior Trial Attorney William Cowden.

    “Soon, very soon, I am going to call on some political connections, and I am going to share everything I knew then, know now and everything I tried to provide you with,” Guenther said in the email.

    He complained that Cowden had not returned more than 50 emails he had sent. Guenther has a history of citing political connections. At one time, he claimed to have the private phone number of Texas Attorney General Greg Abbott.

    Earlier this year, Guenther sent the PatrickPretty.com Blog 11 emails on a single day, requesting a receipt for each. He complained when the Blog did not instantly publish a story based on information he had sent, and also threatened the Blog with “war.”

    At the same time, he threatened to use the database of the ASD Members Business Association (ASDMBA) to send an email that identified PatrickPretty.com as “Possibly a ASD winner!!!”

    PatrickPretty.com and its author are a journalism enterprise. Neither the Blog nor its author were members of ASD or ASDMBA, which has come under fire for accepting money from ASD members in a bid to establish legal representation that would seek the return of money they sent to ASD.

    Neither the PatrickPretty.com Blog nor its author has any stake in the outcome of the ASD litigation or matters that concern ASDMBA. ASDMBA members have complained that Guenther has not provided appropriate accounting for how ASDMBA spent its money. They also have complained that Guenther has engaged in menacing behavior and suggested members who sought answers would have to sue him to get them.

    Guenther also criticized police officers and Maricopa County, Arizona, Sheriff Joe Arpaio in his email to Cowden.

    “People go to jail everyday for things as simple as not paying a traffic ticket,” Guenther said. “I am fighting two bogus Class 6 felony charges in Maricopa County, filed by another ‘Andy’ I have exposed.  If I were to lose the case, there is mandatory jail time.

    “MY crime? I purportedly sent two emails to CME’s corporate counsel, thus violating a Workplace Harassment Injuction (sic) filed against me to keep me away from other shareholders,” Guenther continued.

    He complained that authorities were not taking effective action to stop crimes, saying an individual he described as a criminal “is still walking the streets, still taking in millions of investors money, still hiding assets, right there under Sheriff Joe’s nose..”

    Cowden, Guenther implied, could learn a thing or two about law enforcement from Guenther, who has a felony conviction for bank fraud. ASDMBA members complained that Guenther did not disclose the conviction when he was holding conference calls to gather money for the Trust.

    “When are you going to wise up and ask the help of people who can load you up with so much verifiable facts of fraud, you couldn’t possibly follow-up on it all[?]” Guenther lectured Cowden.

    “By the time a Trustee finally gets around to attempting to get restitution from ASD winners, they will have the money spent or hidden so deep, MILLIONS upon Millions will be gone,” Guenther continued. “That of course assumes you win this case.. These ASD people talk and plan strategy daily, they communicate through emails, blogs, forums and conference calls. Do you have people in on every one of these groups, I do..

    “You ever get around to really wanting to put these guys away, you call me,” Guenther lectured.

    In an April 13 letter to readers, PatrickPretty.com shared details about behavior Guenther had directed at this Blog.

    “In recent weeks we have received a number of communications from Guenther we deem threatening — and this while Guenther is facing felony charges in Arizona amid allegations he violated a court order repeatedly and continued to threaten an Arizona company even after being warned not to do so,” the Blog reported at the time.

    “You want a war, there Patrick, you got one..,” Guenther commented here [April 11]. “Print the truth, get off the ASDMBA or start a war.. Your Choice…”

  • OBSTRUCTION? ASD Spokeswoman Whose Name Appeared In Secret Service Filing Says She Instructed Members NOT To Fill Out Government Form; Now Appears To Be Advising Members To Clam Up If Contacted By Agents

    Andy Bowdoin’s recent court filings are “delusional,” federal prosecutors said yesterday.

    And now a woman who apparently is AdSurfDaily’s new spokesperson purportedly has sent an email in which she said she advised members after the seizure of tens of millions of dollars from Bowdoin’s bank accounts last year not to fill out the government form for victims.

    Sara Mattoon, whose name is listed in a court document filed by the Secret Service yesterday, also appears to be trying to influence members who filled out the form not to cooperate if contacted by the agency.

    “Soon after the ASD shutdown, the DOJ (Dept of Justice) set up a website for people to file a claim for the money they had in ASD,” Mattoon said in the email. “As soon as I heard about it, I told everyone not to do it because I could see what the Government was trying to do, but some people didn’t realize what it was and afterwards they regretted doing so.”

    Mattoon referenced an email sent out by ASD mainstay Robert Fava over the weekend. The email was distributed after the ASD case took a dramatic turn Friday, with filings by prosecutors that suggested ASD President Andy Bowdoin was trying to lie his way back into the civil forfeiture case with the aid of an attorney who was engaging in “fantasy.”

    Here is content from the email distributed by Fava, who was relating the experience of a fellow ASD member who apparently was contacted by the Secret Service recently.

    “I got this email today (see below) and called the guy,” the email said. “He is special task force with secret service. Calling because I submitted a claim for the funds I had put into ASD — I think it was a lady in Michigan who suggested at one time that I do the claim form. Later I wished I had not submitted it.

    “I asked what type of questions he wanted to ask and if he would email them to me so that I could review them with my attorney before answering them,” the email continued. “I told him the government was the only one who created victims by seizing the money illegally and shutting down ASD.”

    Quoting the agent, the email continued.

    “He said it sounds like I had an adversarial role with the government, and he could not send them. He said they were trying to talk to folks who had lost money in ASD, before arranging a personal visit with them. It sounds like they are wanting testimony to build a case for the government’s side.

    “I do not want to contribute to that effort, so thanked him and we ended the call,” the email concluded.

    In introducing the email, Fava said:

    “I wanted to share the following item which happened today to a gentleman in the ASD group.

    “Are any of you aware of this happening to others yet?

    “I assume the government is now trying to find people to speak out against ASD, especially since Andy’s recorded call.

    “This is the reason why I never encouraged filling out a government form . . . it’s just ammunition for them to use against ASD,” Fava continued.

    “Feel free to share this with your groups and mainly those that you know of that might have submitted a claim form on the government site thinking it was an innocent submission,” Fava’s email concluded.

    Fava was a constant presence on ASD training calls, members said. He once claimed he was making $1,000 a day through ASD.

    Mattoon’s email, combined with Fava’s and the remarks of the other ASD member, may raise serious questions about obstruction of justice.

    In her email, Mattoon did not mention recent filings by the prosecution. Nor did she mention the fact her name was included in a filing by the Secret Service yesterday — the transcript of a Bowdoin recording last week.

    Although Mattoon claimed in the email that “[t]he government does not seem to have the intention of giving the [seized] money back,” the record of the case plainly states otherwise in multiple places.

    Although it is clear that the government believes serious felonies have occurred and that Bowdoin is not entitled to benefit from his participation in crimes, prosecutors have pointed out that the government seeks to establish a restitution program for crime victims. Meanwhile, Judge Rosemary Collyer also has referenced the prosecution’s claims about the establishment of a program.

    Apart from court filings, the government even had advertised the existence of the prospective restitution program and has updated the information as the situation warranted.

    Regardless, Mattoon suggested the government planned to keep all the money, despite court filings and website updates that reinforce its desire to compensate crime victims.

    “[P]erhaps they were just looking for people they could try to identify as being victimized by ASD,” Mattoon said in the email, referencing the email from Fava.

    “If you get contacted, this is how this one ASD member handled it. It may be useful for you,” she said.

  • BREAKING NEWS: Prosecutors Go Back To Court, Provide Judge Copy Of Transcript From Bowdoin’s Call Last Week

    UPDATED 8:12 P.M. EDT (U.S.A.) Federal prosecutors have filed a supplemental brief in the civil forfeiture case against ASD President Andy Bowdoin that calls Bowdoin’s recent court filings “delusional.”

    Meanwhile, prosecutors have provided U.S. District Judge Rosemary Collyer a copy of a transcript from a recording posted online last week by Bowdoin, calling the recording evidence that “this con man cannot manage to keep his stories straight.”

    Prosecutors said Bowdoin was addressing “former” ASD members, a possible reference to the firm’s decision not to display ads, even though ASD was permitted to show ads after the seizure of Bowdoin’s assets last year.

    In effect, prosecutors argued today that Bowdoin had told Collyer one story in his recent court filings and members another to explain events.

    “To this Court, Bowdoin insinuates that he was misled by his former attorney before agreeing to cooperate and to release claims,” prosecutors said.  “To the former members, however, Bowdoin proclaims that ‘after a few months’ of cooperating he became ‘unhappy with [his prior attorneys’] results and decided to stop cooperating because ‘it would not have been beneficial to everyone’ for him to ‘accept a plea  deal[.]’”

    “Remarkably, Bowdoin even suggests to those members participating in the conference call that the money taken from his bank accounts and, supposedly, never constituting an investment, belongs, not to Bowdoin, but to the membership. It is clear that this con man cannot manage to keep his stories straight. It is also clear that the allegation Bowdoin makes in this Renewed Motion, that he released his claims to the defendant property only after he was misled by [former counsel] Mr. [Stephen] Dobson, is delusional,” prosecutors said.

    Included in the transcript were Bowdoin’s puzzling remarks about Cheryl Prewitt, the 1980 Miss America.

    Read the prosecution’s supplemental brief.

    Read a U.S. Secret Service transcript of Bowdoin’s recorded call.

    Read previous story on Bowdoin’s curious reference to Cheryl Prewitt and the Miss America pageant.

    Read previous story about prosecution filings last week.

    Read story about prosecution filing that made a veiled reference to the AdViewGlobal autosurf.

    Sep 28, 2009

  • Ministry Operated By 1980 Miss America Has ‘No Comment’ On Andy Bowdoin’s Audio Recording

    A Christian organization operated by former Miss America Cheryl Prewitt and her husband declined to comment this morning on an audio recording posted online last week by AdSurfDaily President Andy Bowdoin.

    In the recording, Bowdoin used Prewitt’s name, referring to her as “Cheryl Blackwood” and suggesting Prewitt’s perseverance in her five-year quest to become Miss America had inspired him to continue fighting wire-fraud, money-laundering and Ponzi scheme allegations brought by the U.S. Secret Service. 

    Salem Family Ministries of Tulsa, Okla., was established by Prewitt, now known as Cheryl Prewitt Salem, and Harry Salem, her husband.

    “We have no comment,” said a woman who answered the phone this morning at the ministry. She added that she did not recognize Bowdoin’s name and did not rule out the possibility that the ministry would have something to say at a later time.

    Bowdoin is engaged in a battle with federal prosecutors to reassert his claim to tens of millions of dollars seized by the U.S. Secret Service last year in the Ponzi scheme probe. Prosecutors said religion was used in ASD pitches, and Bowdoin cited God in sales presentations, once exhorting a crowd in Las Vegas to internalize the thought of becoming wealthy.

    “We need to have an attitude of gratitude with God,” Bowdoin told an ASD gathering in Las Vegas last year. “And I always say, ‘Thank you, God, for developing me into a money magnet.’ And I see myself as a money magnet in attracting money and, I say, attracting large sums of money.”

    After initially contesting the forfeiture case, Bowdoin surrendered his claims in mid-January. He has been attempting to reassert them since late February, initially as a pro se litigant and now through the aid of an attorney.

    Prosecutors said last week that Bowdoin, who was convicted of felonies in the 1990s in an Alabama securities case, was attempting to lie his way back into the civil-forfeiture case brought against ASD assets in August 2008.

  • EDITORIAL: Google, The White House And Miss America

    Andy Bowdoin, whom federal prosecutors said appropriated the brand of the institution of the Presidency of the United States to make more Ponzi sales, now has turned to the wholesome brand of the Miss America Organization to sanitize the Ponzi business.

    Members of Bowdoin’s autosurf company, AdSurfDaily, also appropriated the brand of Google, claiming the surf firm had a special agreement with the search-engine giant. It proved to be a click-fraud attempt.

    Bowdoin, who suggests he was indicted under seal in May for wire fraud, posted a recording online two days ago in which he shares his version of the inspirational story of “Cheryl Blackwood,” whom he identified as Miss America 1980.

    Bowdoin, 74, positioned himself as a fighter with the perseverance of “Cheryl Blackwood,” whom Bowdoin said suffered one disappointment after another in her five-year quest to become Miss America — before finally winning the crown in 1980.

    The message: Miss America never gave up, and neither will Andy Bowdoin.

    We’ve placed a call to the Miss America Organization seeking comment on Bowdoin’s comments in the recording. We’re also seeking to determine if Bowdoin was confusing “Cheryl Blackwood” with Cheryl Prewitt, the 1980 Miss America title-holder. The organization did not immediately return the call.

    Here are a few lines from the inspirational story of Cheryl Prewitt, as told on the Miss America website. 

    “A horrifying automobile accident, a scarred face, a body cast and a wheelchair did not add up to disaster for this little girl. When Cheryl Prewitt was only a young girl of eleven, this accident forced her to decide whether to trust God or just give up and accept the prognosis . . . Doctors promised that she would be scarred, they claimed that she would not walk again, they insisted that bearing children would be impossible for her . . . they were wrong.”

    Here are a few lines from Bowdoin’s version:  

    “ASD did not have a victim until the government stepped in and crushed the company. And I’ve spent over a million dollars on legal fees to get your money back and to stay out of prison.

    “And  it reminds me of this person back in Mississippi: Cheryl Blackwood. She was Miss America 1980.

    “When she was five years old, a milkman told her that some day she was going to be Miss America. And she said that planted a seed in her mind. And she entered her first pageant when she was 18; it was a Miss America preliminary: Miss Choctaw County in Mississippi. She lost.”

    Bowdoin went on to relate how “Cheryl Blackwood” lost again and again, but did not adandon her quest. She finally won the Miss America title in her fifth attempt.

    We find the story as told on the Miss America website — Prewitt’s recovery from a horrifying automobile accident — much more inspirational than the Bowdoin version, an old coach’s  chestnut that focused on recovering from the disappointment of losing and returning  to do battle another day.

    Andy Bowdoin apparently wants ASD members to believe all battles are equally noble.

    Cheryl Prewitt was trying to walk again; Bowdoin just wants to climb back on the saddle so he can continue to run a Ponzi scheme.

    Prosecutors now say Bowdoin is trying to lie his way back into a civil-forfeiture case in which he surrendered his claims to tens of millions of dollars seized last year in an international wire-fraud and money-laundering investigation.

    Bowdoin also has been named a defendant in a racketeering lawsuit filed by members of his Florida-based company. Meanwhile, he has been sued by Florida Attorney General Bill McCollum for operating a massive Pyramid scheme.

    In the 1990s, Bowdoin was both sued and arrested in Alabama for fleecing customers in a securities scheme. He pleaded guilty to felonies and was ordered to make restitution. In August 2008, Bowdoin sent a check for $100 to his Alabama victims. A month prior, in July 2008, he provided the funds to purchase a $50,000 Lincoln for himself and his wife.

    The Miss America Organization is famous for inspirational stories and its beauty pageant, of course. It also is the world’s largest provider of scholarship assistance to young women. The organization says it distributed $45 million in cash and scholarship assistance last year.

    And now Andy Bowdoin is using the organization’s name — and apparently the name of the 1980 title-holder — to inspire his shipwrecked legions to persevere, to remember what “Cheryl Blackwood” would do, and to paint a picture that the U.S. government is evil for stopping a Ponzi scheme in its tracks.

    No Miss America would approve of that message.

  • Government Makes Veiled Reference To AdViewGlobal In Court Filing, Potentially Signaling Deeper Trouble For Bowdoin — And New Trouble For Promoters, Shills, Unnamed Attorneys And Advisers

    UPDATED 2:25 P.M. EDT (U.S.A.) In June, private attorneys representing three AdSurfDaily members who accused Andy Bowdoin of racketeering became the authors of the first public court filing that referenced the AdViewGlobal (AVG) autosurf.

    Some defenders of the surf dismissed the reference as meaningless.

    Today, however, federal prosecutors made a veiled reference to AVG in dramatic court filings in a civil-forfeiture case against Bowdoin. The import of the reference cannot be denied; it clearly was aimed at AVG promoters and people who have been providing cover for Bowdoin, including promoters, shills and attorneys whose names have not surfaced in the case.

    Here, in its entirety, is the reference: (Italics added.)

    “Maybe Bowdoin mistakenly thought that he could con the government into believing that he was just a harmless, foolish old man. Ironically, after telling thousands of investors that he intended to build the world’s preeminent advertising company for them, in order to make them 100,000 millionaires, Bowdoin tries to con this Court, telling it that because he’s 74 and has a heart condition, any incarceration amounts to a death sentence. See Document #132 ¶8. Was he lying then, or now?

    “Or, it may be the case that Bowdoin never intended to plead guilty when he agreed to debrief, and was just buying time while searching for a different exit strategy that failed to materialize. Maybe Bowdoin thought that before the government brought its charges he (like some of his family members) could move to another country and profit from a knock-off autosurf program that Bowdoin funded and helped to start.

    “Or, maybe other attorneys Bowdoin employed, or ASD’s other promoters convinced Bowdoin that if he paid some of the fraud proceeds the government had missed to them (the money laundering as Mr. Murray reports), they could help to circle the wagons or otherwise do a better job than Akerman Senterfitt did when it tried to prove that free advertising was a true profitable sale and not a poorly disguised, and unsustainable, investment opportunity.

    “But what is clear from Bowdoin, himself, is that neither the government, nor Bowdoin’s experienced criminal defense counsel, ever told Bowdoin that it was reasonable for a defendant convicted of operating a $100 million wire fraud scheme to expect probation.”

    See related story from today.

    See June 30 story and comments about the RICO attorneys’ reference to AdViewGlobal.