Category: The Economy

  • BizAdSplash Surf Site Offline

    UPDATED 6:41 A.M. EDT (June 12, U.S.A.) BAS appears to have come back online overnight. The site now is resolving to a server. It returned briefly at 9 p.m. yesterday. At 9:05 p.m., the site went down again. Total downtime yesterday was at least 6 hours , perhaps as many as 14, based on reports elsewhere.

    The BizAdSplash (BAS) autosurf website has been offline for hours. The site will not resolve to a server.

    What is causing the problem is unclear.

    Clarence Busby, a central figure in the AdSurfDaily/Golden Panda Ad Builder case, is listed as “Chief Consultant” for BAS.

    Federal prosecutors have sought a final order to give the U.S. government control of more than $14 million seized from bank accounts Busby controlled for Golden Panda.

    UPDATE 4:38 P.M. The  BAS site continues to be offline. A mirrored copy of the BAS News Release page is accessible, although it does not explain the server issue or the downtime and appears not to have been updated for hours.

    It does, however, explain that the surf experienced a problem and that “transactions” are “missing” from accounts. The date and time of the posting are unclear:

    Notice:  We are aware of the account issues and will have them resolved shortly!!

    As some of you may have noticed already this morning, there are transactions missing from your accounts. This includes any rrsp, commission or ad package purchases made since the 15th of May. This is a known issue created while performing a data transfer last evening and will have them corrected shortly.

    UPDATE 6:41 A.M. June 12. The BAS site now is resolving to a server and appears to be back online.

  • Bank Of America Seeks Oral Argument In ASD Aiding-And-Abetting Claim; Files Dismissal Motion

    Andy Bowdoin: Still a no-show in RICO case
    Andy Bowdoin: Still a no-show in RICO case

    Bank of America has asked U.S. District Judge Rosemary Collyer to hear oral arguments in its bid to be dismissed as a defendant in a lawsuit that alleged it aided and abetted a Ponzi scheme operated by alleged racketeers associated with Florida-based AdSurfDaily Inc.

    Federal prosecutors seized at least $79.8 million from 15 bank accounts controlled by ASD President Andy Bowdoin or Golden Panda Ad Builder President Clarence Busby, saying the funds were the proceeds of a criminal enterprise that engaged in wire fraud, money-laundering and the sale of unregistered securities.

    Three ASD members sued Bowdoin, Busby and ASD attorney Robert Garner under federal RICO statutes, claiming the men had engaged in racketeering  — including indictable offenses — with unnamed others.

    Bank of America was not named a RICO defendant. Rather, the bank was accused of aiding and abetting the RICO defendants in a fraudulent scheme.

    The bank said the plaintiffs had failed to show that it had aided or abetted the RICO defendants in any way, repeating an earlier assertion that “banks are not guarantors” of their customers’ conduct.

    “No law holds that a bank could be held liabile for conducting legitimate business activities with an entity that, as it turns out, also happens to be committing a fraud against others,” the bank argued. “Nor can there be if banks are to conduct business.”

    The lawsuit was filed in January. In April, plaintiffs Mike Collins, Frank Greene and Natures Discount Inc. amended the complaint, alleging that Bank of America employees were moonlighting as ASD employees in Florida while ASD was commiting fraud in plain sight.

    Collins, Greene and Natures Discount said that a “majority” of employees of Bank of America’s branch in Quincy, Fla., also worked for ASD, including the branch manager.

    Bank of America, however, said moonlighting was “lawful” conduct.

    “The alleged moonlighting activities of Bank of America employees did not occur within the scope of duty of the employees’ employment with Bank of America, and Plaintiffs do not allege that they did,” the bank argued.

    “This conduct, as lawful as it is, cannot be imputed to Bank of America,” the bank continued. “Regardless, Plaintiffs alleged no facts demonstrating which Bank of America employees knew that ASD’s conduct was fraudulent, how they learned this, when or how they intentionally aided the scheme in some way.”

    Bowdoin is the sole defendant in the RICO case not to have responded to the complaint. Prosecutors said he signed a proffer letter in the federal case and acknowledged ASD was operating illegally.

    In January, Bowdoin submitted to the forfeiture. He changed his mind in late February and began to file pro se motions, chiding prosecutors by saying his filings “should really get their attention.”

    Bowdoin promised to hold a conference call to update members nearly three months ago, but he has not done so. He also did not inform them of the proffer letter prosecutors said he signed or explain why he has not responded to the RICO complaint filed nearly five months ago.

  • REPORTS: James W. Von Brunn, White Supremacist And Conspiracy Theorist, Opens Fire In Holocaust Museum

    Not long ago, James W. von Brunn challenged Barack Obama’s citizenship, one of the core qualifications to hold the office of President of the United States.

    In 1981, von Brunn accused the Federal Reserve Board of “treason,” showing his displeasure by wielding a sawed-off shotgun, pistol and knife at board headquarters, threatening members and claiming to have planted a bomb.

    His goal, he said later, was to place board members under “legal” arrest, but he was thwarted by police, prosecutors and judges who didn’t understand the law. Other judges who didn’t understand the law later denied his appeal.

    He served six and one-half years in prison.

    Today, von Brunn, 88, walked into the Holocaust Museum in Washington, D.C., opened fire with a gun described as having a long barrel and shot a security guard. The guard later died.

    Other guards opened fire on von Brunn, a white supremacist, antiSemite and conspiracy theorist.  He is being treated at a hospital and is listed in critical condition.

  • News And Notes: Surf’s Up Poster Calls For ‘Militia’ To Rise Against Government; BizAdSplash Urges Members Not To Contact MasterCard Vendors

    NEWS: A member of the Pro-AdSurfDaily Surf’s Up forum says he is willing to “Bear Arms in line with the Bill of Rights” and storm Washington, D.C., if a “militia” can be formed.

    In a separate thread, the poster said the government ruined his life last year when it seized assets tied to the Florida autosurf firm and that he is ready to fight to the “DEATH.”

    “If anyone from the US Government reads this,” the poster said, “yes[,] look out because you are now my enemy. May God Bless Andy [Bowdoin] and all ASD members. I’m done with working within the system. I will destroy the entire US Government if that is what it takes to serve justice for ASD members.”

    The incendiary remarks were contained in two threads, one of which was titled “Letter from Andy.” A poster within the thread had criticized Bowdoin for not conducting a conference call he had promised nearly three months ago in a letter to members published at Surf’s Up, opining that Bowdoin should get “jail time.”

    In response to the post critical of Bowdoin, yet another poster appealed to the Surf’s Up Mods to cleanse the forum of “rats.” A Mod assured the poster that, if the purported rat again posted “negative garbage” about Bowdoin, the offending post would be deleted.

    The Mod said nothing about the “militia” post.

    NOTE: In court filings in a racketeering lawsuit against Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby, one of Busby’s pleadings defines him as a minister of 30 years’ standing and uses the abbreviation “Rev.” at least 120 times.

    Golden Panda has ceded to the government more than $14 million it had gathered in only days last summer as the so-called “Chinese” version of ASD. In the months that followed, a new, Busby-connected surf known as BizAdSplash (BAS) opened, touting an offshore location.

    Early promoters identified Busby as the owner, but others defined him as a consultant.

    As a marketing proposition, identifying Busby in any capacity of authority at BAS was odd regardless of any title he held, in no small part because he consented to the forfeiture of Golden Panda’s assets in September, saying he had relied on ASD’s assertions that the program was legal.

    Only in the incongruous world of the autosurf could a man responsible for a stunning, $14 million loss of investor funds be positioned as a marketing plus.

    Work-around?

    One seized Golden Panda account contained precisely $6 million, according to federal prosecutors.

    Choosing his words carefully in a sworn court filing in August, Busby said none of the Golden Panda money came from Bowdoin or ASD, that Busby had provided an unspecified amount of “seed” capital from his real-estate business and that Golden Panda “obtained all other start up money from 34 founders.”

    Amounts Busby provided personally or obtained from the “founders” weren’t disclosed in Busby’s filing.

    Busby’s filing, however, did not rule out the possibility that one or more “founders” provided capital from “profits” paid to them by ASD and deposited in their individual bank accounts and that “profits” then were forwarded to Golden Panda.

    Nor does it rule out the possibility that Golden Panda seed money from one or more “founders” flowed to the company after the “founders” deposited checks from individual ASD downline members in the “founders’” private bank accounts, shifted a corresponding amount of “ad-packs” to ASD downline members by using ASD’s internal system, and then forwarded the desposit amount or portion thereof to Golden Panda, instead of ASD.

    Busby said a prosecution claim that a “majority” of Golden Panda’s funds came from ASD was “false.”

    There have been numerous reports that ASD prospects paid sponsors directly for ad-pack purchases, that the sponsors deposited the money in their individual checking accounts at their local banks and then used ASD’s internal system to transfer ad-packs to the individual prospects.

    The approach was pitched as a work-around, because ASD was having trouble posting payments from individual members and getting them started in the “rebate” program, which was purported in advertisements to pay 1 percent a day or 30 percent a month.

    Given this scenario, it is possible that huge sums paid by ASD “rally” attendees were deposited into the private bank accounts of individual ASD promoters and that the deposits were routed directly to Golden Panda, instead of ASD.

    “Neither Bowdoin nor ASD provided any capital,” Busby said.

    Busby’s claim about Golden Panda’s seed money would be true — at least in a technical sense — if any of Golden Panda’s “founders” also were ASD promoters who deposited money from ASD downline members directly in the promoters’ back accounts, transferred a corresponding amount of ad-packs to the members using ASD’s internal system, and then forwarded the funds to Golden Panda, instead of ASD.

    It is known that at least one of Golden Panda’s “founders” was a highly visible ASD promoter who helped the company organize rallies at which millions of dollars were collected. It also is known that some ASD prospects who attended the rallies paid sponsors directly for “ad-pack” purchases and that the sponsors deposited the money in their individual checking accounts and transferred a corresponding amount of “ad-packs” to the prospects by using ASD’s internal system.

    It is possible that a significant chunk of the money seized from Golden Panda originated with one or more “founders” who initiated private ad-pack transactions with individual ASD downline members, deposited the sums in their personal checking accounts and forwarded the funds to Golden Panda.

    ‘Chief Consultant’

    Busby now has officially been declared the “Chief Consultant” of BAS, in a news released marked a “must read” at the BAS website.

    Unlike Busby’s court filings in the RICO case, the BAS news release does not identify him as a minister or use an abbreviation such as “Rev.” It simply identifies him as “Clarence Busby.”

    Busby was enjoined by a federal judge in the 1990s from breaking securities laws, after he was implicated in three prime-bank schemes by the Securities and Exchange Commission. The government took mercy on Busby, waiving certain financial penalties and not interfering in a bankruptcy petition he filed.

    In the BAS news release, Busby assured members that BAS had “spent a tremendous amount of time and thousands of dollars on economists, attorneys and other professionals and with their advice have built this company in a very responsible manner.”

    Busby did not identify the economists, attorneys or other professionals. Nor did he mention the past encounter with the SEC or the current litigation involving ASD and Golden Panda Ad Builder. Busby did, however, provide an inspirational quotation from auto tycoon Henry Ford.

    Mum’s The Word

    Elsewhere on the news pages of BAS, the company urged members not to contact vendors associated with its use of MasterCard with any questions about the BAS program. The information appeared under a bright red headline titled, “URGENT INFORMATION FOR MASTERCARD USERS.”

    “At Biz Ad Splash, we have worked very hard to develop great relationships with some of the finest international banking services available,” BAS said. “We continually strive to maintain a good standing with these institutions in order to provide the best services possible to the Customer/Associates of Biz Ad Splash.”

    Last year, ASD announced that it was finalizing a deal with a company known as Praebius Communications that would result in a cash infusion of $200 million. ASD withdrew the news release after members responded by contacting Praebius in a bid to confirm or deny the deal.

    Some ASD members were infuriated that other members actually questioned the claim, describing even rational doubts as an act of disloyalty.

    In its MasterCard news release, BAS openly discouraged members from contacting any vendors to get answers to questions.

    “[W]e strongly urge our Biz Ad Splash Customer/Associates not to contact these vendors with questions concerning withdrawal requests or Biz Ad Splash card deposits,” BAS said.

  • Judge Gives Plaintiffs More Time To Respond To Robert Garner In AdSurfDaily RICO Case, But Says They Missed Filing Date For Response To Golden Panda’s Clarence Busby

    EDITOR’S NOTE: This story about filings in a racketeering lawsuit against AdSurfDaily President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby also includes an update on a lawsuit filed last year against ASD by Florida Attorney General Bill McCollum. The information is under a subhead below.

    Although U.S. District Judge Rosemary Collyer yesterday granted a motion plaintiffs filed for more time to respond to Robert Garner’s motion to be dismissed as a defendant in a racketeering lawsuit, she advised the plaintiffs that they had missed a May 26 filing deadline to respond to Clarence Busby’s motions to be dismissed as a defendant.

    Collyer ordered the plaintiffs to show cause why Busby’s motion should not be granted, giving them until June 19 to do so.

    Busby was the president of Golden Panda Ad Builder. Garner was an attorney for AdSurfDaily.

    The judge had denied a motion by the plaintiffs earlier this week for more time to respond to Garner’s dismissal motion for “failure to cite good cause.” The plaintiffs filed an amended motion, which Collyer granted yesterday.

    A response to Garner’s dismissal motion now is due July 9. Attorney’s for the plaintiffs said they agreed to examine “whether or not to voluntarily dismiss [Garner] from the proceeding” prior to the new filing deadline.

    Earlier in the week Collyer denied motions by the plaintiffs to formally add two attorneys to the case, for “failure to confer with all opposing counsel.”

    ASD President Andy Bowdoin also is a RICO defendant. He has not responded to the lawsuit.

    In a separate case filed by the government last year against assets tied to ASD and Golden Panda amid allegations of wire fraud, money-laundering, selling unregistered securities and operating a Ponzi scheme, prosecutors seized more than $65 million from Bowdoin-controlled bank accounts  and more than $14 million from Busby-controlled accounts.

    Busby, a minister who also is in the real-estate business and was implicated by the SEC in a prime-bank scheme in the 1990s, submitted to the forfeiture in September.

    Bowdoin submitted to the forfeiture in January, but now says he changed his mind after meeting with a “group” and wants to re-contest it. Golden Panda amassed the $14 million sum in only days, and ASD amassed the $65 million sum in only weeks.

    Busby’s attorney — Jonathan W. Emord of Clifton, Va. — said in court filings that claims against “Rev. Busby are precluded by the United States’ civil forfeiture action under the doctrine of res judicata.

    “Plaintiffs are barred from relitigating issues resolved against Busby on behalf of the United States and all residents, citizens, and taxpayers concerning matters adjudicated which are of public interest,” Emord argued.

    In essence, the argument holds that, since Busby already has submitted to the forfeiture of funds and the government is establishing a mechanism for refunds, the RICO litigants already have a remedy.

    Garner, meanwhile, argued that the court lacks jurisdiction over him in the case. He is representing himself in the RICO action, although court filings suggest he also has paid professional counsel working behind the scenes.

    Florida Case Against Bowdoin At Standstill

    Why Bowdoin hasn’t responded to the RICO lawsuit is unclear. Also unclear is why there has been no public action since Jan. 6 in a lawsuit filed against Bowdoin and his wife, Edna Faye Bowdoin, by Florida Attorney General Bill McCollum.

    Federal prosecutors said in April that Bowdoin had signed a proffer letter in the federal case and acknowledged that ASD was operating illegally. Proffer letters sometimes mean that the one who proffers has agreed to provide the government information that is helpful in the prosecution of others.

    After signing the proffer letter, Bowdoin submitted to the forfeiture in January. Several weeks later, in late February, Bowdoin consulted with what he described as a “group” and began to file pro se court pleadings in the federal case.

    One day after Bowdoin signed his first pro-se pleading on Feb. 25, the AdViewGlobal (AVG) autosurf introduced members to Pro Advocate Group, which says it can help people practice law without a license and help companies form “private membership associations.”

    AVG now is operating as such an association.

    Pro Advocate Group, which also pushes a “legal defense” for taxpayers and “private medical associations,” is associated with Karl Dahlstrom. Dahlstrom was convicted of securities fraud and sentenced to 78 months in federal prison in the 1990s.

    Prosecutors said he bought automobiles with investors’ funds — something Bowdoin is accused of doing.

    AVG has close family, management and promotional ties to ASD. Two of Bowdoin’s family members –  George Harris and his wife, Judy Harris — are trustees of the AVG private “association.”

    George Harris is the son of Bowdoin’s wife, Edna Faye Bowdoin.

    AVG, which earlier had disclaimed any ties to ASD, now describes itself as a full-fledged advertising and communications company with a host of services.

    But the company has not explained how having ties to Bowdoin family members, friends and promoters is helpful for business, given twin forfeiture cases by the government against assets tied to ASD, the RICO case filed by ASD members and McCollum’s Florida case.

    In December — in an action separate from an August forfeiture filing by the federal government and McCollum’s August lawsuit — federal prosecutors filed a second forfeiture complaint against assets tied to ASD.

    Among other things, the December complaint alleged that Edna Faye Bowdoin and George Harris opened a checking account with nearly $180,000 in illegal proceeds from ASD. George Harris used more than $157,000 of the deposit to pay off the mortgage on the Tallahassee home he shared with his wife, prosecutors said.

    George and Judy Harris also acquired an automobile with illegal proceeds from ASD, prosecutors said.

    Last year, Bowdoin announced to ASD members that “Ponzi” allegations in the Florida case had been dropped. The announcement caused ASD members to race to online forums to share the good news, but proved to be false.

    McCollum’s office issued a statement denying Bowdoin’s assertions, saying Ponzi allegations hadn’t even been brought against ASD in Florida.

    Rather, McCollum’s office said, the state had accused ASD of operating a Pyramid scheme.

  • FOLLOW-UP: The Headline Flap Over Our AVG Story

    EDITOR’S NOTE: We published a story Wednesday that some members of AdViewGlobal (AVG) assert is unfair. At issue — particularly from a poster who uses the handle “CORRECTION!” — is the headline that accompanied the story.

    Another poster, “Pistol,” isn’t sympathic to the autosurf business and says he doesn’t suffer fools gladly on either side of the issue, but also raised a concern about the fairness of the headline. Meanwhile, other posters say the headline is fair. One of the issues is whether an AVG prospect can bypass AVG and purchase ad-packs directly from sponsors.

    Here is some background, and our response to the concerns. We’ll start by republishing a comment Pistol made. Pistol’s reference to the “200% thingy” below is a reference to an AVG matching-bonus program.

    The 200 percent program was advertised to have a June 29 expiration date, but AVG suddenly changed the expiration date to June 5. AVG members and prospects said they were concerned about not being able to get money to the company in time to qualify for the bonus, and an AVG promoter outlined a strategy by which members and prospects with “big bucks” could get the bonus by paying sponsors directly.

    Pistol: It doesn’t seem to me that the sponsor in question is suggesting that sponsors should give/sell members adpacks/page impressions from them (the sponsors) but rather a quick and easy way that they can help new members get funds available so that they can buy adpacks directly from AVGA thereby qualifying for the 200% thingy.

    OUR TAKE: During the first FOUR steps of what is described as the sponsor’s bid to provide a “quick and easy way” for prospects to buy ad-packs “directly” from AVG, the sponsor:

    1.) Gathers money from the prospect and makes a private agreement with the prospect that the final recipient of the funds will be AVG and that the funds will be used to purchase ad-packs.
    2.) Deposits the funds in the sponsor’s local bank.
    3.) Causes a wire to be sent to an offshore payment processor or sends a check via overnight mail to the offshore payment processor.
    4.) Waits for the payment processor to receive the funds and credit the sponsor’s account.

    That’s FOUR steps — or FIVE, if you count the private agreement as a separate step — so an argument that positions this as a purchase made “directly” from AVG isn’t a very compelling one.

    This deal cannot happen as the promoter describes, absent a private agreement between the sponsor and the prospect and subterfuge aimed at the local bank. Moreover, it can’t happen without use of the bank’s wire facility or use of a banking instrument, and it necessarily must involve the offshore processors because the prospect can’t wire funds to AVG directly.

    There’s that word again — “directly.”  With the exception of the prospect’s direct payment to the sponsor, there is virtually nothing direct about this transaction.

    At this point, the prospect’s bank thinks he is doing business with the sponsor, the sponsor’s bank thinks he is doing business with the prospect, and the payment processor thinks it is doing business with the sponsor.

    ONLY the prospect and the sponsor know that AVG is the intended final recipient — and they haven’t told anybody, FOUR or FIVE steps into the process.

    Additional Steps

    In the next step, the sponsor tells the offshore payment processor that AVG is the intended recipient, but the payment processor doesn’t know the prospect is hidden in the deal or is choosing not to know. The prospect’s role is to give money to the sponsor, so he can use the sponsor’s bank to get the money to the offshore processor in an environment that is conducive for AVG and most advantageous for the prospect.

    The payment processor obliges the sponsor and wires the money to AVG, but the transaction still is at least TWO steps away from completion, because the money or the value thereof somehow has to get back in the hands of the real customer, the prospect.

    So, the sponsor funds his AVG account, so he can use AVG’s internal system to get the money or the value thereof to the real customer, the prospect, for the purchase of ad-packs.

    A sale made “directly” through AVG? Hardly. This process is at least SEVEN steps removed from a direct transaction with AVG and perhaps as many as EIGHT. This sale cannot occur — and the prospect cannot get the 200 percent bonus — unless the prospect pays the sponsor directly. The sponsor is getting paid directly for the purchase of ad packs.

    Here, a person might want to ask why the prospect in search of a matching bonus before a deadline passes just can’t send the money to AVG directly and have it credited immediately. That’s the question some AVG members are asking right now. In fact, they asked it as soon as the sponsor laid out the strategy, and some AVG members are complaining out loud about money procedures that appear to be convoluted and complex.

    A person also might want to ask why AVG isn’t using PayPal, and instead is using the offshore surfing favorites: SolidTrustPay and StrictPay. PayPal does not touch this kind of business because it is fraught with secret agendas.

    Worth Noting

    It’s worth pointing out that some of the government personnel involved in the AdSurfDaily (ASD) case also were involved in the successful prosecution of e-Gold, which basically was accused of looking the other way while it processed payments for people who were laundering money.

    ASD, a Florida company federal prosecutors say once used e-Gold and engaged in wire fraud,  money-laundering and the sale of unregistered securities, has close ties to AVG.

    AVG, for example, lists ASD President Andy Bowdoin’s stepson — George Harris — as a “Trustee” of the AVG “private association.” Judy Harris, the wife of George Harris, also is listed as an AVG “Trustee.”

    A home and a car prosecutors say George and Judy Harris acquired with money from ASD was seized as the proceeds of a criminal enterprise in a December forfeiture complaint filed by the Feds.

    One of the issues in the e-Gold case was secret money transactions, and look what’s happening in the strategy outlined by the AVG promoter: The banks don’t know that the prospect and the sponsor just worked together to get funds to a final beneficiary unknown to the bank — AVG — and the processor doesn’t know the prospect is hidden in the deal or may be choosing not to know.

    Incongruous Messages

    AVG purports to be headquartered in Uruguay, has servers that resolve to Panama, receives money from offshore processors in Canada and Panama, but issued a news release this week with a dateline of Tallahassee.

    Many of our readers probably noticed that AVG didn’t use the words “Uruguay” or “Panama” or  “offshore” in its news release, but then immediately sent members an email purported to have originated in Uruguay — to celebrate a news release with a Tallahassee dateline.

    It’s a message hopelessly at odds with itself. It is particularly incongruous because AVG also now claims it provides professional PR services — but just look at what is happening:

    AVG can’t reconcile its own message. It is creating the appearance that it is in Tallahassee when it wants to look clean and proper — indeed, some people now say it is selling legitimate services priced from $30,000 to $200,000 — but it’s in Uruguay when it wants “advertising” rotator cash from folks who need to believe the Securities and Exchange Commission can’t touch them offshore.

    How do those competing notions come into balance? And why would a company that says it can command legitimate fees of up to $200,000 from clients not be running like a man on fire to exit the autosurf business? Incredibly, one promoter said today that AVG’s plan is to remain in the surf business and use the fees it collects for legitimate services to fund the surf.

    In the strategy outlined by the promoter, where is the money that started out at a local bank now? Uruguay? Panama? Florida? Elsewhere? And what routes will it take in the form of payouts to get back to members so it becomes spendable in their hometowns?

    The Headline Flap

    As many of our readers know, “CORRECTION!” is none too happy about this headline, which appears on this Blog.

    AdViewGlobal Promoter Says Prospects Can Bypass Company And Purchase Ad-Packs Directly From Sponsors To Ensure They Get Credited With 200 Percent Match Before Deadline

    CORRECTION repeatedly has demanded a retraction, although he has not identified himself as an AVG spokesperson or person in position of authority at AVG to bring a concern to our attention and ask for a clarification or a retraction. At the same time, CORRECTION will not answer basic questions about AVG’s business practices or provide evidence of verifiable income streams to refute concerns AVG is selling unregistered securities and operating as a Ponzi scheme.

    Let’s take the headline sections one at a time:

    /AdViewGlobal Promoter Says/

    Yes, it was an AVG promoter who shared the strategy of prospects paying sponsors directly and engaging in a process that involves at least SEVEN steps and ultimately results in the purchase of ad-packs. (AVG calls ad-packs “page impressions” or “viewer impressions.”)

    /Prospects Can Bypass Company/

    Yes, the prospect bypasses the company and pays money directly to the sponsor, under the strategy outlined by the promoter. The only thing AVG does in this transaction is make sure the electrons settle in the proper places when told to do so.

    /And Purchase Ad-Packs Directly From Sponsors/

    Yes, the sponsor is selling ad-packs directly because he directly collects the money for the ad-packs, routes the money offshore, causes it to be delivered to AVG, funds his own AVG account with his prospects’ money, and then causes AVG to redistribute the funds or the value thereof to complete the sale. In this case, the sponsor is more directly involved in the sale of ad-packs than AVG itself.

    /To Ensure They Get Credited With 200 Percent Match Before Deadline/

    Yes, this whole strategy was published because someone wanted to know the quickest way a person with $10,000 could get the money to AVG before the deadline to qualify for the 200 percent match.

    The promoter said it was a way to take care of the folks with “big bucks.”

  • BREAKING NEWS: Judge Denies Plaintiffs’ Motion In AdSurfDaily RICO Case For More Time To Respond To Garner Dismissal Motion; Bowdoin Still A No-Show

    A federal judge has denied a motion by the plaintiffs in a racketeering lawsuit against AdSurfDaily attorney Robert Garner for more time to respond to Garner’s motion to be dismissed as a defendant.

    Judge Rosemary Collyer said the plaintiffs had failed to cite “a good cause” to grant the delay.

    Meanwhile, Collyer also denied motions by the plaintiffs to let two additional attorneys enter the case, saying the plaintiffs’ attorneys failed “to confer with all opposing counsel” as required by a Local Rule.

    How things will proceed is unclear. The plaintiffs’ answer to Garner’s dismissal motion is due tomorrow. They had sought a delay until July 6.

    Garner’s RICO co-defendants include ASD President Andy Bowdoin and Golden Panda Ad Builder President Clarence Busby.

    Bowdoin has not responded to the lawsuit, which was filed in January and amended in April.

  • Garner May Have Paid Counsel In AdSurfDaily RICO Case

    UPDATED 5:42 P.M. EDT (U.S.A.) In a flurry of activity in the racketeering lawsuit against ASD President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby, the plaintiffs in the case have formally added two attorneys and filed a motion for more time to respond to Garner’s motion to be dismissed as a defendant.

    Filing pro se despite the fact he is an attorney, Garner earlier asked U.S. District Judge Rosemary Collyer to dismiss him as a defendant, arguing the U.S. District Court for the District of Columbia had no jurisdiction over him.

    New court filings by the plaintiffs suggest Garner has retained paid counsel and that his attorney has agreed to give the plaintiffs until July 6 to respond to Garner’s self-filed dismissal motion. The response had been due tomorrow.

    The formal move by the plaintiffs — all of whom are ASD members — balances an earlier move by Bank of America to add two attorneys to its legal team. The bank is a Non-RICO defendant in the case.

    Bowdoin, Garner and Busby engaged in racketeering with unnamed others, and Bank of America aided and abetted the scheme, the plaintiffs alleged.

    Bowdoin still has not answered the RICO complaint, which was filed in January and amended in April.

  • AdViewGlobal Promoter Says Prospects Can Bypass Company And Purchase Ad-Packs Directly From Sponsors To Ensure They Get Credited With 200 Percent Match Before Deadline

    An AdViewGlobal (AVG) promoter has shared a strategy that potentially could cause a legal calamity for individual AVG promoters and members. The member posted his strategy on an AdViewGlobal forum set up by some Mods and members of the Pro-ASD Surf’s Up forum.

    AVG, which purports to be headquartered in Uruguay and also is known as AVGA, launched a new website Monday, redefining itself as a full-fledged advertising company with a host of services. Within hours, the surf firm announced that a 200 percent, matching-bonus program would end June 5, not June 29 as originally advertised.

    AVG prospects and existing members expressed concern that they would not be able to get their accounts credited with purchases or the bonus before the June 5 deadline. The new deadline shaved 24 days off the original deadline.

    One AVG promoter, however, said there was a workaround by which established program sponsors could serve as a conduit for AVG.

    Under the workaround, established sponsors could gather money from individual prospects, deposit it in the sponsors’ local banks and then send a check by overnight mail to international payment processors in Canada and Panama.

    Alternatively, the sponsors could use their local bank’s wire facility to wire money to the processors, the promoter explained.

    Once the offshore payment processors credited the sponsors’ accounts, the sponsors could transfer the money to AVG and use AVG’s internal system to transfer ad packs to the prospects’ accounts in the amounts they desired to purchase, ensuring that the matching bonuses also would be credited by the June 5 deadline.

    “Many new members may or may not be able to become verified AND have their account funded in time to qualify for the match,” the promoter said. “So as a sponsor what you can do is bank wire or overnight your payment processor ([SolidTrustPay] or [StrictPay]).

    “You are guarantee[d] to have it into your account by Friday. Once it hit[s] your account, log into backoffice and ‘Fund your AVGA account’. This will bring the money into your cash balance. Once it’s in your cash balance, then you can INSTANTLY transfer it to your members. Once money hits their account, they can make a purchase and “BAM” get[] the 200% match.

    “You can have your members wire you their funds or whatever the 2 of you decide upon,” the promoter continued.

    “Unless [there] is a direct wire to AVGA for funding, this is probably the best way that I can see that you can help all your present AND new members get the 200% match,” the promoter said.

    Such an approach potentially brings many issues into play at the individual level, including mail fraud, wire fraud, money-laundering, tax evasion, selling unregistered securities and acting as a securities broker-dealer without a license.

    Some members of AdSurfDaily, a Florida company accused of wire fraud, selling unregistered securities and operating a Ponzi scheme, also gathered money directly from prospects and used ASD’s internal system to transfer credits.

    ASD’s internal laxity and inability to post purchases in timely fashion led to assertions that individual promoters could use the company to make tax-free side deals with prospects. If a promoter already was in “profit” and had a stockpile of ad-packs on the books, he or she could sell the ad-packs at a discount to prospects, transfer the ad-packs to prospects using ASD’s internal system and pocket the cash.

    The prospects would “earn” at ASD’s advertised rate, even though they paid less than others for ad-packs by purchasing through sponsors and bypassing the company. Other ASD members who had paid full price through ASD would inherit the burden of paying for the discounted ad-packs and their full “earning” potential.

    Collecting money from prospects and transferring ad-packs using AVG’s internal system may be problematic even if the ad-packs aren’t offered at a discount. The government views the autosurf business model as foundationally corrupt, and makes no secret that participants are subject to prosecution under securities, wire-fraud, mail-fraud, money-laundering and racketeering statutes.

  • BREAKING NEWS: Prosecutors Seek Final GP Forfeiture Order

    Federal prosecutors have asked U.S. District Judge Rosemary Collyer for an order that would finalize the forfeiture of more than $14 million seized from Golden Panda Ad Builder last year as part of the AdSurfDaily case.

    Golden Panda, whose president was Clarence Busby, amassed the amount in only days. The final sum, taking credits and offsets into account, was $14,048,598.07.  The government seized five Golden Panda accounts in all, including one that contained precisely $6 million.

    If Collyer signs the order, it would mean that the government gets final possession of the money. It also would mean that the government would be one step closer to implementing a refund procedure for for members who certified they were crime victims.

    A timeline for the full implementation of a refund program is far from clear because ASD President Andy Bowdoin and various pro se litigants are still fighting the forfeiture.

    More than $65.8 million was seized from Bowdoin accounts, including three accounts that contained the exact same amount: $1,000,338.91.

    Bowdoin’s largest account contained more than $31.6 million. Another Bowdoin account contained more than $23.7 million. A third Bowdoin account contained more than $4.99 million. (An additional $107 would have made it an even $5 million.)

    Ten Bowdoin accounts were seized in all.

  • AdViewGlobal, Promoters Trade On Names Of Forbes And Other Publishers To Trumpet Surf Firm’s News Release

    A promotional email sent today by the AdViewGlobal (AVG) autosurf hotlinks to servers from Forbes.com, the Washington Business Journal and The Business Review.

    The email reproduced logos of the publishing companies, pulling the images off the companies’ individual servers and creating the impression that the companies were endorsing the controversial surf firm. URLs that identify the servers are contained in code hidden on the page. The code is visible when viewing the properties of the email.

    Separately, individual AVG members used a Forbes logo and links to Forbes to promote the surf. AVG issued a news release through PR Newswire today, and Forbes published the PR Newswire feed. Forbes’ logo also appeared on a forum frequented by AVG members.

    It was not immediately clear if Forbes, the Washington Business Journal and The Business Review had authorized use of their logos or the hotlinking, which consumes bandwidth at the expense of the companies.

    In the email, AVG did not link to the PR Newswire URL for the news release. Instead, the surf linked to a Forbes URL that republished the PR Newswire feed.

    AdSurfDaily (ASD), a surf firm with close ties to AVG, was accused last year of operating a $100 million Ponzi scheme from a former flower shop in Quincy, Fla. Promoters claimed that ASD President Andy Bowdoin had received a special award from the White House for business achievement, but Bowdoin actually was a convicted felon who received an award from the National Republican Congressional Committee for campaign contributions, prosecutors said.

    Some ASD members also claimed Google had entered into a partnership with ASD, but the claim proved to be a click-fraud attempt in which ASD members were encouraged to click on ads so ASD could earn fees.

    Meanwhile, AVG announced that it was ending a 200-percent, matching-bonus program on June 5, twenty-four days earlier than advertised. The surf previously told members the promotion would end June 29.

    AVG has advertised matching bonuses as high as 250 percent. During a 200-percent promotion, a promoter claimed $5,000 spent with AVG turned into $15,000 “instantly!”

    The surf purports to be headquartered in Uruguay, but today’s PR Newswire release carried a dateline of Tallahassee. The promotional email AVG sent said the email originated in Uruguay.