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  • BREAKING NEWS: Prosecutors Allege Ponzi Murder Plot; Jeffrey Lane Mowen Accused Of Soliciting Prisoner To Kill Witnesses In Multimillion-Dollar Case Against Him

    EDITOR’S NOTE: In August, a poster here who defended autosurf Ponzi schemes demanded readers to “show me one time where the [U.S. government] has even started a lawsuit or ‘gone after’ a company off shore.” The post concerned the AdVentures4U (ADV4U) autosurf, which, like a number of autosurfs, claimed legal ties to Panama. Promoters said the purported ties insulated the surf from prosecution. Readers responded by providing several examples of prosecutors extending their reach beyond U.S. domestic soil to pierce the illusion of corporate veils and bring schemers to justice.

    The story below is about an alleged Utah Ponzi, real-estate leveraging and forex-trading scheme in which the operator was arrested in Panama, brought back to the United States and jailed.

    While Jeffrey Lane Mowen was in jail awaiting trial, the FBI said yesterday, he solicited a fellow inmate scheduled to be released in October to murder four witnesses “with the intent of preventing their attendance and testimony at his federal fraud trial” in the Ponzi scheme case.

    UPDATED 4:14 P.M. ET (U.S.A.) In a case that puts more than just the financial dangers of Ponzi schemes on full display, jailed Ponzi suspect Jeffrey Lane Mowen has been indicted in Utah on charges of hatching a plot to hire a fellow prisoner to kill four witnesses in the Ponzi scheme case upon the inmate’s release from prison.

    Mowen was indicted yesterday on charges of wire fraud, solicitation to commit a crime of
    violence, witness tampering and retaliating against a witness. Mowen, jailed in Davis County, Utah, earlier this year after being arrested by Panamanian authorities working proactively with U.S. officials, was extradited to the United States to face the original charges in the case.

    Jeffrey Lane Mowen
    Jeffrey Lane Mowen

    Prosecutors indicted Mowen in February under seal for the alleged Ponzi, announcing when the indictment was unsealed April 21 that he was “living outside of the United States.” He was arrested just three days later in Panama “by Panamanian authorities in conjunction with the FBI Legal Attache office,” the FBI said.

    U.S. authorities said Mowen used investor funds “to purchase more than 200 high-end antique, classic, and modern vehicles, including cars, trucks, trailers, motorcycles, three-wheelers, and other vehicles.”

    Mowen, 47, of Lindon, Utah, used his material possessions “as symbols of his success to investors,” the FBI said. The agency added that Mowen also used investor funds to “pay for personal expenses, including payments to himself and his [former] wife, dining expenses, vehicle storage fees, travel, utilities, and credit card expenses.”

    For its part in a separate civil case, the Securities and Exchange Commission alleged that Mowen had three prior convictions in Utah for securities fraud and two for theft. Despite Mowen’s criminal record and history as a fraudster, promoters still did business with him. Their faith drained millions of dollars from investors, the SEC said.

    Using language apt to cause unease in the autosurf Ponzi world, the SEC said one promoter “either knew or was reckless in not knowing that Mowen had multiple recent felony convictions involving crimes of dishonesty.”

    Indeed, the SEC said, the promoter learned in approximately late June 2007 that Mowen had been convicted of securities fraud . . . [but] continued to solicit new investor funds for several months while failing to disclose Mowen’s criminal history to any of the Promoters or their investors.”

    Downstream promoters who entrusted the promoter “conducted virtually no due diligence in connection with [his] purported investment opportunities, but transferred investor money to [him] without any documentation or limitation on his use of the funds,” the SEC said.

    “[T]he Promoters were reckless in failing to discover [his] association with Mowen and that their funds were being placed into a Ponzi scheme or used for other undisclosed purposes,” the SEC said.

    Among the SEC’s civil allegations against Mowen were that he siphoned off $8 million in investor funds for his personal use and transferred $650,000 to his former wife, who is named a relief defendant in the case.

    Authorities painted a picture yesterday of a scheme that had morphed from financial crimes that crossed international borders to murder-for-hire — all in the name of Ponzi profits.

  • Amid Ponzi Swirl, Scott Rothstein Disbarred For Life

    Florida attorney Scott Rothstein became famous in the environs of Miami and Fort Lauderdale for both puffing on and stockpiling cigars.

    But he’ll no longer have the opportunity to seek to impress members of the Florida Bar as a cigar aficionado. In fact, even his days as a purported legal aficionado have come to an end.

    Rothstein will be disbarred permanently, pending an order by the Florida Supreme Court.

    “The Florida Bar and Scott W. Rothstein have agreed to his permanent disbarment — subject to the approval of the Supreme Court of Florida — in lieu of Rothstein defending himself against allegations of disciplinary violations,” said Florida Bar President Jesse H. Diner.

    “Rothstein was under investigation for violations of The Rules Regulating The Florida Bar, including misappropriation of funds from trust accounts,” Diner said.

    “The Florida Bar has been monitoring the federal investigation of Mr. Rothstein and we have been in contact with the court-appointed receiver for the firm as well as the U.S. Attorney’s Office,” Diner said. “While the case is very complex, it became evident that Bar rules may have been violated.”

    It’s bad for all attorneys and the public when a lawyer disgraces the trade, Diner said.

    “This is a terribly unfortunate and tragic situation, but it is also a rare circumstance in the legal profession,” he said. “The great majority of Florida attorneys serve their clients admirably and in accordance with the Bar’s rules of professional conduct. However, rule violations are not tolerated and the Bar takes appropriate actions to protect the public against further harm. The Florida Bar will continue to investigate any violations of its rules by other attorneys who may have been involved in this case.”

    No charges have been brought against Rothstein, but a sweeping probe into his business practices continues. The FBI said the alleged Ponzi and fraud scheme could involve more than $1 billion.

    See earlier story.

  • BREAKING NEWS: Prosecutors Ask Judge To Order Forfeiture Of Bowdoin’s Quincy Residence, Tens Of Millions Of Dollars Seized From Bank Accounts

    Federal prosecutors have asked a federal judge to order the formal forfeiture of more than $65.8 million seized from 10 bank accounts in the personal name of AdSurfDaily President Andy Bowdoin.

    Prosecutors also asked for a forfeiture order covering Bowdoin’s residence at 8 Gilcrease Lane in Quincy, Fla.

    “Plaintiff applies for a default judgment and final order of forfeiture because these eleven defendants in rem were properly served, and no timely paper, pleading, or other claim to the defendant properties remain properly filed that permits any person to challenge their forfeiture,” prosecutors said.

    They added that a default notice to the property had been requested, and entered by the Clerk of

    Court Nov. 16. Prosecutors said all of the property — the proceeds of the bank accounts and the

    Andy Bowdoin
    Andy Bowdoin

    residence — had been advertised for forfeiture beginning on Nov. 15, 2008, more than a year ago.

    Court documents unsealed in the case show that the U.S. Secret Service feared Bowdoin had become aware of scrutiny into his business affairs last year and planned to flee the country.

    Prosecutors filed 13 separate applications for seizure warrants to trap money connected to ASD on Aug. 1, 2008. A federal magistrate judge ruled that the agency had established probable cause to seize the money, and ordered Bank of America to freeze the accounts.

    On the same day, a message appeared on ASD’s website that it was unable to move money in and out of its accounts. Prosecutors said Bowdoin had been talking about South America and planned to stop using Bank of America in July 2008, choosing instead to switch to offshore service-providers, including Canada-based Solid Trust Pay.

    Because Bowdoin had suddenly relinquished in July 2008 what had been described as a 50 percent ownership interest in Golden Panda Ad Builder and investigators determined that Bowdoin either had bought or was planning to buy a home in another country — and because a bank other than Bank of America had closed a Bowdoin-connected account just prior to the seizure amid Ponzi concerns — investigators said Bowdoin was setting the stage to flee.

    Read the prosecution motion for a formal order of default and forfeiture.

  • BREAKING NEWS: Secret Service Feared Bowdoin Would Flee Country After Moving Money Offshore And Relinquishing His Interest In Golden Panda Ad Builder

    The U.S. Secret Service feared AdSurfDaily President Andy Bowdoin had become aware of scrutiny into his business affairs and planned to flee the country, according to a 37-page affidavit originally filed under seal in the case.

    Meanwhile, the affidavit revealed that a key Secret Service investigator in the case formerly was a member of a Drug Enforcement Administration (DEA) Task Force in Florida and was experienced in “investigating large criminal organizations that distributed and sold controlled substances.”

    The Secret Service affidavit, however, did not list allegations of a drug crime. Instead the agency focused on what was described as a “wide-spread Ponzi fraud” and the crimes of wire-fraud and conspiracy to commit wire fraud, noting that the affidavit had been “submitted for the limited purposes of establishing probable cause.”

    “I have not included every detail of every aspect of the investigation for this affidavit,” the agent who prepared the affidavit said. “Rather, it only includes the information necessary to prove that probable cause exists for a seizure warrant to be issued for property constituting proceeds of a wire fraud scheme.”

    Accompanying the affidavit were government exhibits of evidence totaling 57 pages, all of which were reviewed by U.S. Magistrate Judge Alan Kay, who determined that the Secret Service had established probable cause to seize 10 Bowdoin bank accounts.

    In a series of 13 orders dated Aug. 1, 2008, Kay directed the Secretary of the U.S. Department of Homeland Security “and any Authorized Officer of the United States” to seize Bowdoin’s bank accounts and three accounts tied to Golden Panda Ad Builder.

    Bank of America, the financial institution in all 13 cases, was ordered to freeze the accounts.

    The documents are the first to reveal that a judge other than U.S. District Judge Rosemary Collyer had a role in the case. Meanwhile, the documents destroy myths advanced by some ASD members that the seizure was accomplished extrajudicially, that the government was not authorized to seize the funds — and even that agents were partying with the money.

    “Based [on] ASD’s indication that it intends to cease accepting funds into [Bank of America] at the end of July 2008, Bowdoin’s indication that he has relinquished his interest in Golden Panda [Ad Builder], and an indication that Bowdoin intends to establish his offshore presence, and the recent complaints governmental authorities have received, I believe that Bowdoin is aware of increasing scrutiny and that he intends to move himself, his proceeds, and, until it collapses possibly his operation, offshore,” the Secret Service wrote in the affidavit.

    The agency said Bowdoin had moved millions of dollars into Canada just prior to the seizure

    Read a warrant originally issued under seal Aug. 1, 2008, by U.S. Magistrate Judge Alan Kay, who ordered the U.S. Department of Homeland Security to seize a Bowdoin bank account that contained more than $31.6 million based on the government’s affidavit in the case.

    On July 22, prior to the seizure and during the early part of the investigation, the Secret Service listened to a Golden Panda conference call featuring Clarence Busby, according to the affidavit.

    “During the call, a person who identified himself as Busby said that Bowdoin approached him about running ‘Golden Panda,’” the Secret Service said in the affidavit. “Busby stated that he and Bowdoin were 50% partners but that Busby would be in charge of the daily operations of Golden Panda.”

    But Busby’s words ultimately conflicted with a note on Golden Panda’s website “purportedly written by Bowdoin advising that he was relinquishing his role as President, as well as his ownership rights in, Golden Panda,” the Secret Service said.

    A federal judge lifted the seal on the records in October 2008. Although the filings became public records upon the lifting of the seal, the information was difficult — though not impossible — to obtain though federal database searches.

    Records were filed under 13 different case numbers — one for each bank account — none of which could be accessed by searching under the names of Bowdoin, Busby, AdSurfDaily or Golden Panda.

    Agents had been probing ASD since early July, and increasingly gained knowledge about the firm by conducting surveillance in ASD’s home city of Quincy, Fla. Multiple agents joined the autosurf, the Secret Service said.

    Among the troubling developments in the earliest days of the probe were that a bank other than Bank of America had closed a Bowdoin account amid Ponzi scheme fears and that Bowdoin was moving money into Canada, where it could not be easily traced, according to the affidavit.

    Bowdoin’s behavior pointed to a plan to leave the United States, the Secret Service said.

    At the same time, the Secret Service said, the FBI was beginning to receive complaints about ASD, including an inquiry from the Gadsden County Chamber of Commerce about the legitimacy of the surf firm.

    Bowdoin proved to be an embarrassment for the Chamber, which initially lauded him for creating jobs but later found itself confronting troubling questions about the firm.

    Investigators “also learned that Bowdoin had purchased, or was seeking to purchase, a home in another country,” according to the affidavit.

    On July 12 in Miami, the Secret Service said in the affidavit, Bowdoin told attendees of an ASD “rally” that the company “was looking to purchase a South American call center, to purchase a credit card processing center, to purchase an interest in an international bank, and to profit from future investments in real estate.”

    All of the ASD bank accounts were in Bowdoin’s personal name, with a “D/B/A,” the Secret Service noted.

    A Dallas-based company with ties to ASD was charged in a sealed indictment in April 2008 with helping a Colombian cocaine operation launder money by providing debit cards that were used to convert drug proceeds to cash in Medellin.

    The company — Virtual Money Inc. — once provided debit cards to ASD. A grand jury in the Virtual Money case authorized forfeiture complaints totaling $7.12 million. The complaint was unsealed in September 2008, several weeks after ASD’s assets were frozen. The indictment names 10 defendants, including VM President Robert Hodgins, who is believed to have fled the United States.

    Prosecutors said that Virtual Money, known simply as VM, helped the Colombian drug operation offload at least $7.1 million in drug proceeds at automated teller machines in Medellin. Medellin once was home base of the infamous Medellin Cartel, operated by drug lord and terrorist Pablo Escobar. Escobar was killed by Colombia National Police in 1993.

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

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

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

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

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

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

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

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

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

    We will file a full report soon.

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

    See follow-up story.

  • Federal Judge Issues Restraining Order, Asset Freeze In Alleged Mantria Ponzi Scheme; Video Featuring President Obama, Former President Clinton And World Business Leaders Pulled From ‘Speed Of Wealth’ Website

    In a day of notable irony, the Obama administration announced the creation of an Interagency Financial Fraud Task Force led by the Department of Justice. Critical support functions will be provided by the Treasury Department, the Department of Housing and Urban Development and the Securities and Exchange Commission.

    One of the first cases the new Task Force may find itself discussing is the alleged Mantria Corp. Ponzi scheme — a scheme in which a video featuring an image of President Obama and recorded remarks by former President Clinton was used in marketing materials by the alleged schemers.

    Even as the Task Force announcement was being made, the SEC was announcing that a federal judge had granted a Temporary Restraining Order and asset freeze in the alleged “green” Ponzi operated by Mantria Corp. of Pennsylvania and sold by Speed of Wealth LLC of Colorado.

    Within minutes, a video featuring a snapshot of President Obama and recorded remarks by President Clinton at the Clinton Global Initiative (CGI) annual meeting in New York Sept. 25 went missing from Speed of Wealth’s website. Meanwhile, the Mantria website defaulted to a message that read, “We Are Rebuilding this Site to Make it the Most Informational Site Possible. Please check back with us in 10 days.”

    Only yesterday the Mantria website showcased a PDF that appeared to have been assembled in part from CGI press materials to spotlight President Clinton’s efforts to improve the world.

    The Speed of Wealth video, a marketing prop that dropped the names of famous politicians and international celebrities such as former U.N. Secretary General Kofi Annan and actor Matt Damon, still had been accessible this morning.

    That changed quickly after the announcement of the TRO and asset freeze. The SEC announced civil charges against Speed of Wealth and Mantria yesterday. Speed of Wealth’s video highlighted Mantria’s purported devotion to the environment, under the headline “Mantria Honored by President Bill Clinton and Secretary of State Hillary Clinton.”

    In the video, Mantria CEO Troy Wragg appeared on the stage next to President Clinton, Secretary of State Clinton and others. CGI had lauded Mantria for helping to “mitigate global warming through the use of its Carbon Fields site, where Mantria will perform trials on their product BioChar, a carbon-negative charcoal, to prove how this product can sequester carbon dioxide, improve soil quality when buried, and reduce emissions in developing countries.”

    Regulators said yesterday that BioChar was part of a $30 million Ponzi fraud.

    Despite claims that “Mantria was the world’s leading manufacturer and distributor of biochar and had multiple facilities producing it at a rate of 25 tons per day,” the SEC said, “Mantria has never sold any biochar and has just one facility engaged in testing biochar for possible future commercial production.”

    Others featured in the Speed of Wealth video included President Laurent Gbagbo of the Ivory Coast, Mike Duke, CEO of Wal-Mart and Muhtar Kent, CEO of the Coca-Cola Co.

    All of the individuals were among the prominent attendees of President Clinton’s CGI function.

    It is not unusual for companies to promote themselves by trying to establish ties to prominent figures. AdSurfDaily, a Florida company accused by the U.S. Secret Service and federal prosecutors of operating a $100 million Ponzi scheme, was featured in promotions that claimed company President Andy Bowdoin had received a special award for business achievement from President George W. Bush.

    Prosecutors said the claim was false. What ASD promoters had called an important award from the White House, investigators called a souvenir for donations to the National Republican Congressional Committee.

    What was unusual about the Speed of Wealth video is that it shamelessly dropped so many names of well-known people who attended the CGI event, a dignified function hosted by President Clinton that annually draws global political and business leaders.

    Some of the snap shots used in assembling the video appeared to have been pulled from media materials on CGI’s website.

    Along with showcasing the video cobbled together from one of President Clinton’s signature events, the Speed of Wealth website announced what it described as “the Partnership of the Century!” between itself and Mantria.

    Speed of Wealth said money was to be made while itself and Mantria were saving the environment and “helping Middle America secure its financial future!”

    Topics covered included:

    • Why investing in foreclosures today will make you rich and the only way you should be doing it is sitting on the beach in Bermuda while your foreclosure empire grows.
    • How to build $2,000,000 dollars of wealth with absolutely no money out of your pocket ever.
    • How to easily receive up to 25% returns on your money annually in an investment that I believe to be safer than a bank CD.
  • Guenther Acknowledges ‘Intimidating’ Autosurf Members For Refunds; Calls ASD-Biz Forum Readers ‘Left Wing Liberal No B***** People’; Says Woman A ‘Mouthy Broad’

    The ASD Business Information Zone (ASD-Biz) forum covers news and opinion on AdSurfDaily, Golden Panda Ad Builder and what the forum describes as “Related Scams.” ASD-Biz has been a central discussion site on the subject of the ASD Members Business Association (ASDMBA).

    Some ASD-Biz members have urged Bob Guenther, the de facto head of ASDMBA, to provide straightforward, transparent accounting of how ASDMBA spent money it collected from ASD members to provide legal representation in a bid to gain back money they spent in the ASD and Golden Panda autosurfs.

    Among the assertions by ASDMBA’s critics is that members received no value for the money they contributed to ASDMBA. Specific concerns have been raised about Guenther’s leadership and management skills, including his ability to interact with people. Some members said Guenther seems to operate with the presumption that all people who contributed money to ASDMBA were Republican or conservative in their political beliefs, even though ASDMBA never advised contributors when it was collecting money that it had a political agenda.

    Guenther pleaded guilty in the 1990s to a felony count of bank fraud — something members said they did not know when they contributed money to ASDMBA. Earlier this year Guenther was charged with two felony counts in Arizona for allegedly ignoring a court order not to harass a company with which he has a dispute.

    Guenther initially said police had obtained evidence against him unlawfully. He now says the case will be settled.

    Guenther has used the ASD-Biz forum to respond to his critics. Overnight he came out firing — but not before acknowledging ASDMBA engaged in intimidation tactics to retrieve money for members of the ASD and Golden Panda autosurfs.

    “Vigilanteism, is that what you call intimidating a THIEF to give back money he stole from a disabled veteran,” Guenther said. “Is that what YOU call intimidating a thief like Busby to reimburse over $50,000 to a group of active and retired police officers, is that what you call to convince a young pretty scam artist to refund $4000 she stole from a Dallas executive[?]

    “You call it what you want, I call it street justice,” Guenther said.

    He then brought politics into the discussion, using street language. “Ill take my chances and if it bothers you, stay right where all you left wing liberal no balled people like to sit, on the sidelines.”

    Earlier Guenther had cautioned an ASD-Biz poster to “Put up or shut up, you ignorant mouthy broad.”

    His comments in which he acknowledged using intimidation tactics to retrieve money came in response to a link to a March news release from the FBI about allegations of attempted extortion against a California man. The agency said the man had “attemped to extort monies” to recover funds in the alleged EIMT Ponzi scheme.

    Agents described the case against Michael David Sanders as a “shake-down scheme.” As the investigation proceeded, Sanders and three others who allegedly assisted him in recovering the money by posing as federal agents were charged with serious crimes.

    No one asserts that Guenther posed as a federal agent in bids to recover money from the Golden Panda and ASD schemes. But ASDMBA’s website urged visitors to make an ASD member’s life “miserable until he refunds Mr. Smith’s $2,000.00 dollars.” The site published the phone number, postal address and email address of Dan Trost, Smith’s purported ASD sponsor.

    “Call, email and write this man until he gives Bill Smith, Jr. his $2,000.00,” ASDMBA’s website urged.

    ASDMBA members say Guenther frequently uses coarse language and engages in threatening, menacing conduct.

    Guenther said the effort to get back money for Smith, a disabled veteran, was successful. ASDMBA’s website lists the effort to gain back the money as a “Testimonial” to the group’s effectiveness.

    ASDMBA, however, has no license to engage in the collection of purported debts, and efforts to collect money on behalf of members occurred while a federal investigation into the business affairs of ASD and Golden Panda was under way.

    Guether said the group retrieved funds for retired and active-duty police officers in Texas and California, and for a “high profile Dallas Cowboy” executive.

    More than $14 million was seized from Golden Panda last year by the U.S. Secret Service in a wire-fraud, money-laundering, securities and Ponzi scheme probe. More than $65.8 million was seized from ASD, all of it in accounts maintained by ASD President Andy Bowdoin.

    In recent days, Guenther has discouraged ASD victims from going through a government program to receive restitution from the alleged fraud, suggesting he has a way that cuts through government red tape.

    Visit the ASD-Biz forum.

  • BREAKING NEWS: SEC Charges Four Individuals, Two Companies In Alleged ‘Green’ Ponzi Scheme; Former President Clinton Acknowledged Firm’s Commitment To Environment At Major New York Event In September

    It what may become an embarrassment to President Obama, Former President Clinton and Secretary of State Hillary Clinton, a man the SEC now says was operating a $30 million Ponzi scheme appeared alongside President Clinton at the 5th Annual Meeting of the Clinton Global Initiative (CGI) in New York Sept. 25.

    Obama’s name and the names of both Clintons were dropped in a video on the website of Speed of Wealth LLC, a Colorado company accused today of promoting the scheme for Mantria Corp. of Pennsylvania. Other names dropped on the site included former U.N. Secretary General Kofi Annan, President Laurent Gbagbo of the Ivory Coast, Mike Duke, CEO of Wal-Mart, Muhtar Kent, CEO of the Coca-Cola Co. and actor Matt Damon.

    All of the individuals were among the prominent attendees of President Clinton’s CGI function.

    There are no assertions that any of the politicians, prominent business executives or celebrities who attended the CGI event had any knowledge of the alleged scheme. But Troy Wragg, CEO of Mantria Corp., one of the companies accused in the scheme, appeared next to President Clinton and Secretary of State Clinton on the stage in New York.

    The Speed of Wealth video featured snap shots of famous people who attended the CGI event. It concluded with Bill Clinton’s remarks recorded on video, with Wragg, other attendees and the Clintons in a group pose.

    Speed of Wealth was a sales outlet for the Mantria scheme, the SEC charged today.

    Screen shot: Troy Wragg, whom the SEC said today was a manager at a janitorial company before becoming CEO of Mantria Corp., next to President Clinton at the annual meeting on the Clinton Global Initiative in New York on Sept. 25.
    Screen shot: Troy Wragg, whom the SEC said today was a manager at a janitorial company before becoming CEO of Mantria Corp., next to President Clinton at the annual meeting of the Clinton Global Initiative in New York on Sept. 25.

    Mantria Corp.’s 28-year-old chairman and CEO, Troy Wragg, whom the SEC said was “employed as a manager for a small janitorial services company” prior to getting into the Ponzi business, was prominently featured in a video on Speed of Wealth’s Website.

    In the video, Wragg is standing next to President Clinton, who had acknowledged Mantria for its environmental commitment at the CGI event Sept. 25.

    Mantria even got a mention in a CGI news release after committing “to help mitigate global warming through the use of its Carbon Fields site, where Mantria will perform trials on their product BioChar, a carbon-negative charcoal, to prove how this product can sequester carbon dioxide, improve soil quality when buried, and reduce emissions in developing countries.”

    Today in Denver, however, the SEC said BioChar was part of the alleged Ponzi scheme, which may involve $30 million or more.

    Despite claims that “Mantria was the world’s leading manufacturer and distributor of biochar and had multiple facilities producing it at a rate of 25 tons per day,” the SEC said, “Mantria has never sold any biochar and has just one facility engaged in testing biochar for possible future commercial production.”

    One SEC official said there was little “green” about the firm, except perhaps for its love of money.

    “These promoters fraudulently exaggerated Mantria’s green initiatives and used high-pressure tactics to convince investors to chase the promise of lucrative returns,” said Don Hoerl, director of the SEC’s Denver Regional Office. “In reality, the only green these promoters seemed interested in was investors’ money.”

    Charged today were Speed of Wealth and two of its executives: Wayde McKelvy of Sunny Isle Beach, Fla., and Donna McKelvy, of Parker, Colo.

    Also charged were Mantria and two of its executives: Wragg, who lives in Philadelphia, and Amanda Knorr, also of Philadelphia.

    Wayde and Donna McKelvy previously were married, and “particularly targeted elderly investors or those approaching retirement age to finance such ‘green’ initiatives,” the SEC said.

    Mantria was a “supposed ‘carbon negative’ housing community in rural Tennessee,” the SEC said.

    But the “green” representations “were laced with bogus claims, and investors were falsely promised enormous returns on their investments ranging from 17 percent to ‘hundreds of percent’ annually,” the SEC said.

    The agency charged that “Mantria’s environmental initiatives have not generated any significant cash, and any returns paid to investors have been funded almost exclusively from other investors’ contributions.”

  • BREAKING NEWS: Default Notice Against ASD Entered

    UPDATED 12:29 P.M. EDT (U.S.A.) A default notice to real estate and more than $65.8 million seized from the bank accounts of ASD President Andy Bowdoin has been docketed in U.S. District Court for the District of Columbia.

    A clerk entered the notice this morning in response to an affidavit from the prosecution last week. The notice is dated Nov. 13. Today’s filing means the government is one step closer to perfecting title to the property and money, which were seized in an August 2008 forfeiture complaint.

    “[I]t is this 13th day of November, 2009, declared that the defendants . . . are in default,” the clerk’s notice reads.

    Judge Rosemary Collyer will have to issue a formal order of forfeiture for the government to exercise permanent control of the assets. The timeline for such an order is unclear, but prosecutors say the time for filing claims has expired.

    Last week, Collyer rejected a bid Bowdoin launched in February to reassert claims to the money. She also has rejected dozens of bids by pro se litigants to gain standing in the case, including a denial of 13 motions on a single day last week.

    In August, pro se motions to gain standing in the case — all of them featuring a legal template shared by members of ASD — began to flood the courthouse. Collyer rejected the arguments of each of the prospective litigants.

    See Nov. 13 story on prosecution filing.

    See Clerk’s Entry of Default.

  • EDITORIAL: In The Past 24 Hours On The PP Blog . . .

    Some things have happened here in the past 24 hours that deserve their own post and discussion thread.

    EXTREMELY NOTEWORTHY

    Poster “Tony H,” a longtime, thoughtful contributor, observed there could be more than one reason why some ASD members appear to be trying to discourage other members from filling out the government information form and claim form that will follow.

    “Perhaps the reason some ponzi promoters have been advising the flock not to file a claim is because the ponzi supporters have filed multiple claims themselves,” Tony said.

    Tony’s post struck us instantly as worthy of a wide-ranging discussion. Previously we noted that various bids to discourage ASD members from filing claims and cooperating with investigators smacked of a conspiracy to obstruct justice. We still believe that to be true.

    But, as Tony pointed out, the shenanigans may not begin and end there. If he is correct, one possible reason some ASD members are discouraging others from filing claims is to create a condition under which they can maximize their shares of the restitution pool at the expense of victims, thus fleecing them twice.

    If fewer people file claims, the pro rata shares of refunds from the government program would be higher. Beyond that, if an upline sponsor is discouraging downline members from filing individual claims by casting the government as evil, it could set the stage for all kinds of shenanigans.

    • Upline sponsors could gain disproportionate shares of the restitution pool because “Mom” and “Pop” in the downline — the real victims — became fearful of filing a claim.
    • Upline sponsors could be trying for reasons of self-interest to plant the seed that the sponsor has a duty to file a claim for the entire downline. Are some upline sponsors employing tactics of deceit, perhaps by saying things such as, “Don’t worry; I’ll fill out the form for you” or “Filling out the form only will get you in trouble” or “My downline members all agree that I’ll file the only claim and distribute refunds to members when I get the money from the government?”

    The rules suggest each ASD member is/will be required to file an individual claim through a process in forfeiture cases known as “remission.” Upline sponsors appear to have no authority to file claims for downline members.

    Because it is known that some downline members paid upline sponsors directly for “ad-packs” — as opposed to paying ASD itself for “ad-packs” — is is possible that some sponsors may try to manipulate members into not filing claims in a bid to keep the heat off the sponsors. Such direct sales by sponsors could affect a downline member’s standing in the case if the downline member cannot produce documentation that the purchase was made directly from ASD.

    This is troubling. As poster “dirty_bird” has noted, such devious upline tricks have been pulled in other dying Ponzi schemes — and ASD is known to have a good number of professional Ponzi promoters in the organization.

    We encourage readers to share their thoughts on this issue.

    NOTEWORTHY

    ASD mainstay Bob Guenther, de facto head of the ASD Members Business Association (ASDMBA), once again rattled the china when he bulled his way into a thread here.

    In one thread, Guenther said the government was capturing “personal information” from people who called the new Justice Department hotline for ASD or visited the website prosecutors set up for ASD victims.

    “So because the US Government sets up a hotline and a website, both of which will capture YOUR personal information, people think they will see a refund,” Guenther said.

    We wondered if it had not occurred to Guenther that victims in criminal cases all have to make a showing to receive justice. It’s one of the reasons rape cases often are particularly difficult to prosecute and why prosecutors set up information/support networks to aid victims through horribly painful ordeals.

    At the same time, we wondered why Guenther — who implies he can help ASD members get refunds faster than the government — suggested the government hotline was nefarious, that people should avoid it because of all the purported capturing of personal information.

    Perhaps the answer to that question can be found in yet another thread into which Guenther plowed. He reminded our readers that ASDMBA used “pressure” to gain a refund for an ASD member.

    “Let’s just say a little pressure was applied in the right places,” he said. Guenther was describing a case in which ASDMBA encouraged website visitors to “make Dan Trost’s life miserable until he refunds Mr. Smith’s $2,000.00 dollars.”

    For good measure, the ASDMBA website provided Trost’s postal address, email address and phone number, along with these instructions:

    Call, email and write this man until he gives Bill Smith, Jr. his $2,000.00,” the ASDMBA website instructed, on a page marked “Testimonials.”

    “With Unity there is Power,” ASDMBA instructed.

    People can get in trouble for engaging in threatening behavior and vigilanteism.

    NOTEWORTHY

    A poster, “Arnet,” pointed out that there seems to be a disparity between the amount ($93.5 million) the U.S. Secret Service listed as seized in the ASD case and the amount ($65.8 million) federal prosecutors said was seized from ASD President Andy’s Bowdoin’s bank accounts.

    Arnet noted the disparity is $27.7 million.

    We noted that Golden Panda also is part of the ASD case, and the total seizure listed from Golden Panda/ASD combined was $79.88 million. This takes the seeming disparity down to $13.62 million.

    But we also pointed out that perhaps no disparity exists because of reconciliations that occurred after the seizure. Some banks might have stopped payment on seized checks that had been deposited, for example.

    It’s also possible that no disparity exists because the ASD case is proceeding on two separate tracks — civil and criminal — and that the $93.5 million figure reported by the Secret Service reflects what is publicly known about the forfeiture case ($79.88 million) and an additional amount that is filed under seal in a criminal matter.

    It could be that $13.62 million — the difference between the amount published in the forfeiture case ($79.88 million) and the total seizure amount published by the Secret Service ($93.5 million) — is being held in a separate account in a case under seal.

    As we pointed out, we’re not sure precisely what accounts for the seeming disparity of $13.62 million. We believe it a virtual certainty, however, that no disparity actually exists.

    We believe the government will explain this issue in detail at an appropriate time. The investigation still is in progress. It’s important to remember it also involves the LaFuenteDinero autosurf, and that information concerning how LaFuenteDinero managed its operations and finances is particularly sketchy.

  • Widow Shares Story Of $20,000 Loss In AdSurfDaily

    EDITOR’S NOTE: This is the story of Shannon Allison, an Idaho widow with five children. It is in her own words. Only light editing has been performed.

    My name is Shannon Allison and I’m a widow with 5 children. My husband, 5 kids, and I were involved in a horrific car accident in July of 2003. A driver fell asleep at the wheel on the highway and hit our camper trailer, which resulted in our SUV rolling 8 times into the median. My husband was killed and me and my children suffered numerous injuries.

    In a matter of seconds, my entire life had become a nightmare and it took many years to physically and emotionally recover from the accident. At times, I wanted to die myself until finally, one day I realized that my children and I survived for a reason and I needed to learn to live life again. We were given a second chance at life and I knew my husband would want us to be happy!

    After all was said and done, I received a lump sum of money from insurance and settlement funds. I tried to make sound financial decisions and invest my money wisely. I even hired a financial planner and invested in various developments and projects. I bought some real estate and looked for ways to start my own business at home so I could spend more time with my kids.

    I was a registered nurse but needed a change in my life. I started marketing a product I really believed in and set up my own website through the product I sold. I was introduced to the product by a good friend’s brother-in-law who was an oral surgeon in California. During that time he also introduced me to ASD.

    No Early Reason To Doubt

    He, my friend’s brother-in-law, had wonderful things to say about ASD! He himself had earned thousands over his original investment and really believed the rebates were legal and everything was on the up and up, so to speak. He loved the fact he could advertise his business through ASD and make money! In fact, he was so excited about it that he shared the site information with all his family and friends.

    He had originally been introduced to the site by his Aunt, I believe, who didn’t invest a lot of money in the beginning but was making substantial returns. He said at first he was skeptical but once he got into ASD, he started making money right away.

    A 20K Leap: Sent Check To One Of The ‘Top Guys’

    I was always looking for ways to advertise my new product. This seemed like an easy way plus make money at the same time! He showed me his own site and his returns. He got me so excited about the site that I decided to take the risk and put 20k into it. In fact, I was given a name and address to one of the top guys in the company to send my certified check to overnight and I would start making money right away since he could set up my account personally. Basically, there would be no delays since sometimes it could take up to a month to get going or so I was told. I was nervous but the pressure to get going took precedent.

    Back Office Showed 7K Profit In Weeks

    Everything was set up right away as promised and I started building money right away, according to my ASD account. In the beginning, which was in June of 2008, I surfed my required pages and reinvested my rebate returns daily. By the beginning of July, my ad packs were worth 27k and I decided to start pulling out some money.

    My gut told me to start taking out enough money every week until my original principal was returned. You could only get your rebates back on certain days. During this time, the site started having trouble. It would be unaccessible or it would freeze up often. It was nearly impossible to even get to your ASD account. Sometimes, it would take days before it was up and working again!

    There would be a message on the site stating the site was down because of the increase in traffic and new software to handle the traffic was being installed. By the time I got back into my account and requested a check, the seizure of ASD assets by the govt. had begun. The first and only check for $1,800 sent to me by ASD bounced and that was it.

    Finding Out Info From ASD ‘Nearly Impossible’

    At that time, ASD members were promised daily that all would be cleared up and we would be back online in no time at all. Weeks turned into months and months into a year and a half! Finding out info. was nearly impossible and I had come to realize that I was a victim of a Ponzi Scheme.

    I told you this story because I wanted you to know that many of us truly just got into ASD because it was a way to advertise and make money at the same time. We would spread the word because we were getting rebate returns and thought we were part of something legal. Yes, I should of known that some things are just too good to be true but I guess I thought if it was illegal, why did it continue on for so long before they were caught?

    I trusted the system and had no idea it was a Ponzi. Apparently, I’m not the only one as many members lined up at numerous rallies in different states to give ASD money. I thought for sure if this was illegal there would be no way he would hold public rallies to increase revenue. Wouldn’t you think the govt. would of been suspicious after the first rally?

    I have learned a lot since this whole ordeal started. I research and research before ever investing any money or what money I do have which isn’t much anymore. Unfortunately, I am so distrustful now that often I pass on good investments. It’s so frustrating. I feel there are more corrupt people out there than just plain good, honest folks.

    What ever happen to having a conscience? How do these people live with themselves like Madoff and Bowdoin after they destroy good people and their families?  We need to educate ourselves and make informed decisions, not ones based on impulsivity and making a quick buck! I feel if you don’t have the time to do the research, you don’t have the money to invest! Hopefully, things will change and these criminals will finally be punished for their illegal acts!

    Shannon Allison
    Pocatello, Idaho