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Tag: AdSurfDaily

  • NEW ADSURFDAILY DISASTER? Andy Bowdoin Says Prosecutors Returned ‘Advertising Expenses’ To Members, Not Proceeds Of A Ponzi Scheme; ‘Government Forced Members To Sign . . . Untrue Statement To Get A Refund,’ ASD Patriarch Claims

    Andy Bowdoin: Is ASD's patriarch now accusing the government of subornation of perjury?

    UPDATED 3:44 P.M. EDT (U.S.A.) Facing felony charges of wire fraud, securities fraud and selling unregistered securities and the potential of 125 years in prison, accused Ponzi schemer Andy Bowdoin has responded by accusing federal prosecutors in the District of Columbia of forcing members to lie to qualify for compensation from a victims’ fund in the AdSurfDaily case, according to an email ASD members have received.

    Last week, the government released $55 million seized in the ASD case and began to distribute it through Rust Consulting Inc., the remissions claims administrator approved by the U.S. Department of Justice and the U.S. Secret Service. Members began to receive payments Friday. About 8,400 ASD members filed approved claims, according to the government.

    In an email to ASD members yesterday in which Bowdoin continued his efforts to solicit $500,000 to pay for his criminal defense, the ASD patriarch suggested  prosecutors had set up the remissions program to dupe them into identifying themselves as crime victims. (Emphasis added.)

    “We need the legal defense funds now more than ever to combat this great injustice where the government forced members to sign the untrue statement to get a refund of their monies,” Bowdoin claimed in the email.

    The remissions money was not the proceeds of a Ponzi scheme, Bowdoin claimed. Rather, the money members received constituted a return of their “advertising expenses.”

    Bowdoin did not explain in the email what he intended to do if the government produced evidence that people were advertising nonexistent businesses on ASD’s closed network. Nor did he explain what he would do if the government produced evidence that the sums sent to ASD for individual advertising purchases bore no connection to the real world: a sole proprietor of an MLM sideline business hawking fruit juice who historically posted $5,000 in gross revenue suddenly spending three times that amount to advertise on ASD, for example.

    Bowdoin himself was accused in 2008 of advertising a failed, dissolved business in his own advertising “rotator” to generate purported “rebates.” In making the assertion, the government effectively was claiming that even a nonexistent business — or perhaps even a blank page or a page that promoted a personal Facebook site — could generate a return on investment if inserted in ASD’s rotator.

    “To secure some of ASD’s rebates himself, Bowdoin promoted a bogus website through ASD,” prosecutors claimed on Aug. 25, 2008. “Bowdoin explained to the Secret Service that he used the ‘advertising’ he secured from ASD to promote GPS Tech, an unsuccessful business endeavor that had already been dissolved.”

    In a footnote within the three-year-old filing, prosecutors claimed “Bowdoin also acknowledged that he modeled ASD after12dailypro, that ASD had no significant income (except maybe a couple thousand dollars) other than what its members paid in (and expected back as rebates). Bowdoin said he was not sure how ASD differed from 12dailypro except, he said, ASD did not guarantee a particular percentage, and its payments were only based on its sales. Bowdoin acknowledged that representations that he had met with the Securities and Exchange Commission (SEC) in Washington, DC, and representations that a team of SEC attorneys that he hired had approved of his operation were made up, as was ASD’s representation that Bowdoin had been awarded a Medal of Distinction by President Bush for business acumen.”

    12DailyPro was an autosurf successfully sued by the SEC in 2006 amid allegations it was operating a massive online Ponzi scheme. Prosecutors said later that Bowdoin had a “silent partner” in ASD — and that the silent partner had been Bowdoin’s 12DailyPro sponsor. The government has said all along that ASD falsely traded on Bush’s name to sanitize a fraud that gathered tens of millions of dollars.

    The U.S. Secret Service and prosecutors said in August 2008 that Bowdoin had disguised his securities venture as an advertising company that paid “rebates” of 125 percent. They later said that ASD’s internal computer systems described payouts to members as “ROI” — for “return on investment.”

    Bowdoin, though, claimed yesterday that ASD, “by definition,” was not a Ponzi scheme. He did not addresses the government’s contention about the “ROI” reference, instead insisting that ASD offered “no guarantees” that members would receive payouts. In August 2008, the government claimed that ASD’s Terms of Service included these words:

    “Advertisers will be paid rebates until they receive 125% of their ad purchases.”

    An expert witness hired by ASD acknowledged in 2008 under cross-examination that the words had appeared in ASD’s TOS. Despite the fact that the TOS document has been a matter of public record for more than three years, some ASD members claimed that the government has produced no evidence and that ASD members who agreed that they are victims of a massive financial crime will be “torn apart” on the witness stand by ASD’s lawyers.

    The “torn apart” claim was made on Jan. 17, 2011, two days before the deadline for ASD members to file a remissions claim with Rust in the case. The claim followed previous claims that a “group” of ASD members might sue persons who identified themselves as victims.

    Bowdoin, 76, further claimed in yesterday’s email that, at his upcoming trial, the government will use claims forms signed by members to prove “they were ‘investors’ and therefore victims” of a Ponzi scheme.

    On Jan. 23, 2009 — just 10 days after Bowdoin withdrew his claims to the seized money “with prejudice” and just one day after a federal judge memorialized Bowdoin’s withdrawal and consent to forfeit the seized money — federal prosecutors explained the law to ASD victims and said the compensation program would be governed by these federal regulations. (Emphasis added in next paragraph.)

    “Under Section 9.8(a)(1) and (2) of Title 28 of the Code of Federal Regulations, in a petition for remission or mitigation of forfeiture a non-owner victim must demonstrate that it suffered a pecuniary loss of a specific amount directly caused by the criminal offense(s) underlying the forfeiture, or a related offense, and that the loss is the direct result of the criminal acts,” the government said in explaining remissions regulations.

    A month later — in February 2009 — Bowdoin reentered the case as a pro se litigant and sought to rescind his decision to submit to the forfeiture. That effort failed after months of legal wrangling, and U.S. District Judge Rosemary Collyer issued a final order of forfeiture for the lion’s share of the seized funds in January 2010.

    Bowdoin appealed that order and a separate forfeiture order issued by Collyer, but lost both cases in the U.S. Court of Appeals.

    In April 2009, in response to Bowdoin’s pro se pleadings, prosecutors revealed that Bowdoin had signed a proffer letter in the case and acknowledged that the government’s material allegations were all true. Bowdoin later revealed in his own court filings that he had met with prosecutors over a period of at least for days in late 2008 and early 2009 and had given information against his interests.

    In yesterday’s email, Bowdoin did not address the proffer issue and his own acknowledgment that he’d provided information against his interest in the hopes of receiving a sentencing reduction. Instead, he asserted that he had “very strong feelings about what the govt. is really doing.

    “[B]ut due to my court case and upcoming trial, I can only pass on a statement made by one of the attorneys on my Legal Defense Team, in response to the govt. media press release issued on Monday, Sept. 26th, with the headline – “$55 MILLION BEING RETURNED TO VICTIMS OF INTERNET FRAUD – Victims Receive Forfeited Ponzi Scheme Proceeds,” Bowdoin continued.

    “I am in full agreement with what my attorney had to say about this govt. press release, which is in ‘quotation marks’ as follows:

    ‘The release is a gross distortion of the facts. There are no ‘victims.’ Not a single person lost a dime until the government shut down the business. These customers bought advertising on the net. They were not investors.’”

    Bowdoin did not say whether the email he sent to members yesterday in which he claimed the government “forced” members “to sign the untrue statement” to qualify for remissions was approved by his attorney.

    Bowdoin fired his original attorneys in 2009, after he had submitted to the forfeiture and agreed to cooperate in the investigation. He later hired replacement attorneys.

    Prior to Bowdoin’s email, an ASD members who identified herself as “Sara” claimed in an email that some ASD members had received amounts like “$50,000 and $60,000” back through the remissions program.

    The email attributed to “Sara” painted a picture of a government conspiracy.

    One apparent ASD member posting on Bowdoin’s Facebook fundraising site claimed last week that he received back $27,690 through the remissions program. The person did not say whether the business he had advertised on ASD had posted revenue that would justify such an advertising purchase, and the government had no comment on the Facebook assertion.

  • EDITORIAL: As Financial Fraud Enforcement Task Force Website (StopFraud.gov) Spotlights AdSurfDaily Prosecution, Bizarre Email Circulating Among ASD Members Raises New Conspiracy Theories

    UPDATED 10:31 A.M. EDT (U.S.A).

    ASD case subject of discussion in Washington’s highest power corridors: The Financial Fraud Enforcement Task Force was formed by President Obama in November 2009. U.S. Attorney General Eric Holder, a member of the President’s cabinet and the chief law-enforcement officer of the U.S. government, presides over the Task Force.

    Secret Service is charter member of Task Force. The U.S. Secret Service, whose duties include protecting the President of the United States, the integrity of the economy and the financial infrastructure of the nation, is a member of the Task Force.

    Among the allegations in the ASD case is that members were falsely trading on the name of then-President George W. Bush to sanitize a $110 million Ponzi scheme, that ASD President Andy Bowdoin encouraged the false claims and arranged to spend Ponzi proceeds to retire the $157,000 mortgage on a home in Tallahassee occupied by his wife’s son and the son’s wife, purchase a lakefront home in Florida, purchase an $800,000 building (for cash), purchase jet skis, a Cabana boat, haul trailers and marine equipment — all while owing restitution to victims of an Alabama securities caper in the 1990s and “thousands of dollars” to an ex-wife.

    Some of the purchases occurred within days of Bowdoin’s return from a May 2008 ASD “rally” in Las Vegas at which he defined himself as a Christian “money magnet” and encouraged others to follow him in thanking God and becoming like-minded “money magnets.” At the rally, Bowdoin urged members not to miss the opportunity to provide ASD with money by the tens of thousands or hundreds of thousands of dollars at a time, according to records.

    “Thank you, God, for destining me to great wealth,” he exhorted the Las Vegas crowd to internalize and recite during the day.

    And he exhorted members to picture themselves wealthy.

    “See a big check coming in from AdSurfDaily,” he urged. “I signed a check the other day, about $22,000. See those checks like that coming for you constantly, just flowing to you.”

    One of Bowdoin’s business partners — Walter Clarence Busby Jr., the operator of the Golden Panda autosurf — was implicated by the SEC in three prime-bank schemes in the 1990s, according to records. Golden Panda, according to Busby, was hatched after he went fishing with Bowdoin on a Georgia lake in April 2008. Just days after the fishing expedition, Bowdoin boarded a plane and flew to Costa Rica, according to court filings.

    Weeks after his return from Costa Rica, Bowdoin headed to Washington, D.C., to rub elbows with politicians, according to court filings.

    Read the full news release on the AdSurfDaily case here. It is published on StopFraud.gov, the Task Force website.

    New conspiracy theory emerges after government compensates ASD victims. As often has been the case, some ASD members appear not to have taken the clue that top Justice Department officials and perhaps the White House itself are being briefed on developments in the ASD case. The ASD case became a national-security case when the U.S. Secret Service discovered in 2008 that Andy Bowdoin, a recidivist securities swindler in his seventies who allegedly had “earned no significant income from legal employment in the twenty years prior to his commencement of ASD’s operation,” suddenly was sitting on tens of millions of dollars and had handed out some of it to political rainmakers.

    Some of the handouts, which came in the form of contributions to the National Republican Congressional Committee (NRCC), occurred in early 2007, even as the first Ponzi scheme iteration of ASD was collapsing and the firm’s original members were left holding the bag while Bowdoin explained $1 million had been stolen by “Russian” hackers. Bowdoin did not file a police report about the purported theft because he did not want to draw the attention of law enforcement, according to court filings.

    The NRCC handouts continued in 2008, after Bowdoin had changed the name of his collapsed autosurfing venture from AdSurfDaily to ASD Cash Generator, plumbed it with new cash from a new group of suckers, started a second Ponzi venture known as LaFuenteDinero, arranged with Busby to form a third Ponzi-in-waiting  (Golden Panda) and had flown to Costa Rica with a “North Carolina lawyer” (and co-owner) of LaFuenteDinero, according to court filings and Federal Election Commission records.

    In a bizarre email that began to circulate among ASD members yesterday, the seed was planted that that the government was trying to recruit witnesses by luring them with remissions payments — and that prosecutors might claw back the remissions money if  the member “did not cooperate in testifying against ASD.”

    The date upon which the email was written could not immediately be determined, but the email appears to be the second in a two-part series sent after ASD members began to receive remissions payments late last week.

    The content of the email, which was described as “insider information” and attributed in part to an unamed third party who purportedly overheard a conversation involving a federal prosecutor at an unspecified location, was titled, “Important Warning: ASD/Golden Panda.”

    Among the suggestions in the email was that the government planned to “force” ASD members who received remissions distributions to testify against Bowdoin in his upcoming criminal trial on charges of wire fraud, securities fraud and selling unregistered securities. The email was signed “Sara.”

    Here is the email verbatim (italics added):

    “Hi Everyone-

    Since I sent the last email update about ASD/Golden Panda monies being received by members, I received some very important insider information you should know. This is an important warning.

    The information (these are not quotes) I am sharing with you was spoken by and was heard directly from an attorney for the government, in relation to the ASD legal case. I must protect the source but I can assure you it is reliable (it is not Andy). I was told that the person heard the government attorney say they had hired the Rust Company to send a remission form by email and US-mail to ASD and Golden Panda members. The form was to be sent under the pretense that the member would get their money back if they filled out the form to request a remission of their ASD/Golden Panda monies seized by the government on 8/1/08. Those members would then receive their remission monies directly into their bank accounts, but the attorney said that their names would go onto a list and they would then be summoned by the court (at the members own expense) to testify against ASD. They would be forced to testify against ASD even if they did not believe that ASD was illegal, because the form they signed was set up in such a way that the member was essentially stating that ASD victimized them in an illegal business. I’m imagining a typical scenario in court would be: The attorney for the government would read statements from the form and the member’s answers and then say something like, “Is this your signature?” to force the member into saying that the statements were theirs.  And, take note, that it was also mentioned by the attorney that the direct deposit into the member’s account could be reversed at any time if ASD should eventually lose the case or if the member did not cooperate in testifying against ASD. If the money isn’t in the account anymore, it would be money owed back to the government, so moving the money would not help. The addendum that I was advised to suggest to you if you were drawn to fill out the form (sent by the Rust Company on behalf of the government) that stated that you did not make an investment in ASD/Golden Panda, but rather bought advertising, would apparently protect you from the government’s tactics, but I honestly do not know that for sure.

    Many of us had major red flags when we read the form as it was obvious what the government was trying to do. That’s why it was advised that members add the addendum to their form, to protect themselves from the government’s deceptive practices. So pray about how you should proceed. Please don’t ask me. I can’t make this decision for you.

    God’s Blessings,

    Sara

    The email appears to have followed the email below, which divines a construction by which  the government seized ASD money illegally and set up the remissions program only because ASD members outraged at the illegal seizure demanded the return of their funds (verbatim/italics added):

    “Dear ASD & Golden Panda Members-

    I have some news! ASD and Golden Panda Members have recently received a “remission” of the money that was in their ASD and/or Golden Panda accounts, deposited directly into their personal bank accounts by the government; amounts like $50,000 and $60,000 and it was apparently 100% of the money that was owed to them!

    Personally, I am stunned. My experience over the last decade or more has been that the government has never fulfilled their obligation to return money they have seized from programs they deemed illegal. My opinion is that they are scrambling to do this in order to diffuse the outrage ASD members have felt toward the government from their (in my opinion, illegal) seizure of members’ account funds, so that members will have less opposition toward the government during the eventual ASD trial.

    But, for whatever reason the government is doing it, it is irrelevant to those relieved members who are finally receiving justice from this (in my opinion, illegal) seizure.

    If you have not received your remission, you can go to this website to fill out the form there: adsurfdailyremission.com. You can also call the following toll free information line for more information and even talk to a customer service agent in person to ask any questions you might have about this process: 888-398-8214. The following email address has also been provided to communicate about this: info@adsurfremission.com You will notice that, in the recorded message, the government does NOT back down in their assertion that Golden Panda and ASD were illegal ponzi schemes, but that is obviously not stopping them from returning members’ funds.

    Some of you will notice that this form is the one that many of you did not feel inspired to fill out when it was first presented to us. It really puts members in an uncomfortable position of stating that they were victims of ASD/Golden Panda when they don’t believe they were and many felt as if they were also being set up to incriminate themselves.

    At the time, I was advised to suggest to you that, if you felt drawn to fill it out, you include an addendum that stated that you understood that you were purchasing advertising, not making an investment. That continues to be the advice. Now that people are actually receiving their money back, perhaps some of you may feel more motivated to risk filling out the form. Just be careful not to incriminate yourselves. Be alert as you do it. Do not leave any question unanswered or it will be rejected. You must also provide documentation so hopefully you kept good records.

    You will notice on that website (upper left corner) that it says that you must fill it out and submit it by a date in January, 2011. The way around this may be to say that you just found out about it (you didn’t get their letter in the mail or an email from them) and therefore you are only responding to it now. You might want to make that clear to the Customer Service agent at the number above BEFORE you take the time to fill it out, to confirm that they are still accepting them. If not, take a stand for your right to your monetary remission and ask for a supervisor. I am hearing that they are swamped trying to keep up with the communications they are receiving from members, so please be patient.

    Blessings,

    Sara

    Read a January 2011 story about ASD-related emails. Read a November 2010 story. Read another November 2010 story. Read a December 2009 story.

  • URGENT >> BULLETIN >> MOVING: AdSurfDaily Ponzi Scheme Example Of ‘Insidious’ Financial Crime, Head Of Justice Department’s Criminal Division Says; Top Officials, U.S. Secret Service Issue Statement In Support Of Victims; Obama Task Force Monitoring ASD Case

    Assistant Attorney General Lanny Breuer, head of the Justice Department's Criminal Division.

    URGENT >> BULLETIN >> MOVING: The AdSurfDaily Ponzi scheme is an example of an “insidious” financial crime, the head of the U.S. Department of Justice’s Criminal Division said moments ago in a special statement on how forfeiture laws were used to protect ASD victims.

    Meanwhile, a top official of the U.S. Secret Service described Florida-based ASD as a “criminal enterprise.”

    ASD members who filed approved claims through the government’s remissions program will receive back tens of millions of dollars owing to the quick actions of the U.S. Secret Service and federal prosecutors in the District of Columbia in 2008, officials in Washington said.

    Victims who filed remissions claims and demonstrated losses will be compensated at 100 percent, a rare total, a source with knowledge of the process told the PP Blog last week.

    “[F]orfeiture is a powerful tool for ensuring that victims of financial fraud are made whole,” Assistant Attorney General Lanny A. Breuer said today. “Returning funds to victims is a key goal in our mission to combat financial crimes. We will continue to use every tool at our disposal to bring justice to the citizens defrauded by these insidious schemes.”

    Breuer was backed by U.S. Attorney Ronald C. Machen Jr. in the District of Columbia.

    U.S. Attorney Ronald C. Machen Jr.

    “We are putting $55 million back into the pockets of innocent victims of this online Ponzi scheme,” said Machen.  “As we did in this case, we will continue to work with our law enforcement partners to recover every penny we can find for victims of financial fraud.”

    A top Secret Service official said today that ASD was a “criminal enterprise” and that the remissions program represented a positive outcome for victims of an elaborate fraud scheme.

    “With all of our efforts to punish and deter this criminal enterprise, the rights of innocent parties are protected and will subsequently be returned,” said Assistant Director A.T. Smith of the Secret Service’s Office of Investigations. “This substantial remittance not only emphasizes the cooperation between the Secret Service, U.S. Attorney’s Office, and the Department of Justice, but promotes positive community impact by returning these funds to innocent victims.”

    The U.S. Secret Service “safeguards the nation’s financial infrastructure and payment systems to preserve the integrity of the economy,” said Smith.

    Today’s statement by the officials confirmed that President Obama’s Financial Fraud Enforcement Task Force, which was created in November 2009 to root out fraud, has been monitoring ASD developments and assisting in the case.

    Information for ASD victims is accessible by dialing this number:

    1-800-644-1535

    Victims who use the mail and have questions should contact:

    Basizette Stribling
    Victim Witness Assistant
    Re: AdSurf Daily
    United States Attorney’s Office for the District of Columbia
    555 Fourth Street NW
    Washington, D.C. 20530

    ASD President Andy Bowdoin was arrested by the Secret Service in December 2010. He was charged with wire fraud, securities fraud and selling unregistered securities. Bowdoin, 76, is free on bail and awaiting trial.

  • UPDATE: About 8,400 AdSurfDaily Members Will Receive Remissions Payments; Number Of Successful Claimants Exceeds Population Of ASD’s Home Base Of Quincy, Fla.; No Comment From Prosecutors On Curious Facebook Post From Apparent ASD Member

    Federal prosecutors had no comment this morning about a Facebook posting from an apparent ASD member who claims to have received victim's compensation but still purportedly backs accused felon Andy Bowdoin. Bowdoin is facing criminal charges of wire fraud, securities fraud and selling unregistered securities.

    UPDATE: About 8,400 victims of the AdSurfDaily autosurf are receiving remissions payments of 100 percent of their losses, a source familiar with the process said today.

    The PP Blog first reported Thursday that the remissions payments would be 100 percent across the board to ASD victims who demonstrated a loss. On Friday, the Blog received a stream of confirmations from ASD victims that Rust Consulting Inc., the government-approved claims administrator, had deposited the payments into their bank accounts electronically.

    Based on court filings, the PP Blog is estimating that about 80 percent of ASD members who filed for remissions by the January 2011 deadline had their claims approved. The number represents an “overwhelming majority,” the source said last week.

    The number of successful remissions petitioners significantly exceeds the population of Quincy, Fla., ASD’s headquarters. Quincy’s population is about 7,000.

    The U.S. Secret Service said in August 2008 that ASD President Andy Bowdoin was operating a massive, international Ponzi scheme from Quincy in part by claiming ASD was selling “advertising” that paid “rebates” of 125 percent.

    Bowdoin, 76, has been soliciting contributions for his criminal defense for weeks, asking the people he is accused of defrauding to pony up $500,000 to pay for lawyers.

    Federal prosecutors had no comment this morning on a Friday post on Bowdoin’s Facebook fundraising site from an apparent ASD member who claimed he’d received crime-victim’s compensation but still was backing Bowdoin.

    “I don’t know what happened, but I had posted on here yesterday that the government sent me a letter they would be refunding my ASD money,” the apparent ASD member wrote. “To my surprise and shock, the money IS in my account as of today, all $27,690.00 of it!!!!

    “DO NOT THINK THAT I DON’T BACK ANDY, BECAUSE I STILL DO!!!!” the apparent member exclaimed. “I want ASD BACK, I want Andy and ASD EXONERATED, and I want the government to PAY PAY PAY for what they did and for MISUSE of The Patriate Act (sic), which ironically they used in the most UNPATRIOTIC way seemingly possible!”

  • URGENT >> BULLETIN >> MOVING: ASD Victim Says His Remissions Distribution Has Been Deposited — And That It Was 100 Percent

    URGENT >> BULLETIN >> MOVING:  The PP Blog has received the first report from an AdSurfDaily Ponzi victim that Rust Consulting Inc. has deposited his remissions distribution into his bank account and that the sum was 100 percent of his ASD loss.

    The money appeared in the member’s bank account this morning. Rust is the Minnesota-based claims administrator in the ASD case.

    Developing . . .

  • MAJOR DEVELOPMENT: AdSurfDaily Remissions Payments Will Be 100 Cents On The Dollar; ‘Thousands’ Of Payments To Go Out; ‘Overwhelming Majority’ Of Claims Approved; Members React With Joy

    “Thousands” of AdSurfDaily Ponzi victims with approved claims will receive remissions payments of “100 percent” in the coming days, a source familiar with the process tells the PP Blog.

    It is quite rare “to have a remissions program that comes back with 100 percent,” the source said.

    The claims process was administered by Rust Consulting Inc. of Minnesota. The process was coordinated by the U.S. Department of Justice, the U.S. Secret Service and the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia.

    After three long years waiting for the process to be finalized after two forfeiture appeals by ASD President Andy Bowdoin and attempted pro se interventions by dozens of members who claimed the government was the bad guy, ASD members who stuck with the process expressed joy.

    “YAYAYAYAY!” exclaimed one. Another characterized the news as “amazing.”

    A small percentage of ASD members who filed claims will not receive compensation because they failed to demonstrate a loss, the source said.

    An “overwhelming majority” of claims were granted, the source said. Court records show that about 11,000 people filed claims.

    Payments are expected to begin within 15 days. The money will be deposited electronically into the accounts of ASD members whose claims were granted.

    In 2008, Bowdoin compared the prosecutors in the case to “Satan.” Other ASD members described the U.S. Secret Service as “Nazis” and “goons.” A poster on the now-defunct Surf’s Up forum said that the lead prosecutor in the case should be placed in a medieval torture rack and that ASD members should draw straws to determine who received the honor of carrying out the torture.

    A federal judge was called “brain dead” if she did not agree with ASD’s side of the case, and a purported “prayer” was circulated among ASD members calling for the prosecutors to be struck dead. One prosecutor was described derisively as “Gomer Pyle,” and rumors were unleashed on the Surf’s Up forum that the government had admitted secretly that ASD was not a Ponzi scheme.

    Some ASD members encouraged others not to file for remissions. Those who ignored the advice and were able to demonstrate a loss now will receive back 100 cents on the dollar.

    Remissions payments will be made from funds seized by the U.S. Secret Service in the earliest days of the ASD probe more than three years ago.

    Bowdoin filed appeals in the forfeiture cases, but lost. He is now soliciting funds to pay for his criminal defense to charges of wire fraud, securities fraud and selling unregistered securities.

    Some ASD members ignored the seizure and a parallel criminal investigation. They immediately joined other autosurfs, HYIPs and cash-gifting programs, claiming they were excellent ways to make up their ASD losses.

    In a March 2009 letter to ASD members on the Surf’s Up forum, Bowdoin chided prosecutors and the Secret Service, claiming his pro se filings in the civil portion of the case “should really get their attention.”

    A month later — in April 2009 — prosecutors revealed in a final response to a series of pro se pleadings by Bowdoin that Bowdoin had signed a proffer letter in the case and acknowledged that the government’s material allegations were all true.

    Bowdoin acknowledged in his own court filings that he had given information against his interests and had met with prosecutors over a period of at least four days in late 2008 and early 2009. In January 2009, he abandoned the forfeiture cases, releasing his claims to the seized money “with prejudice.”

    By the end of February 2009, however, Bowdoin reentered the case as a pro se litigant, claiming later that his decision was driven by a “group” of ASD members. He did not identify members of the group.

    ASD is known to have so-called “sovereign citizens” in its ranks.

    Bowdoin has not referenced the proffer letter in his fundraising bid. Nor has he referenced a racketeering lawsuit filed against him in January 2009 by some members.

    It was not immediately clear how many members destroyed their chances to receive remissions after coming under the influence of various crackpot theories spun by certain ASD members. One of the theories held that all commerce is lawful if a contract exists. Another held that members should include notes on the claims forms that explained Bowdoin was conducting business lawfully.

    Another theory held that the government had invested approximately $80 million seized in the case, had earned a return in excess of  $1 billion — and that prosecutors were partying with the money. Still another held that a federal judge was conspiring with another federal judge to deny ASD justice and that at least one of the judges was guilty of 60 felonies.

    Yet another theory held that ASD members should not cooperate with investigators and should not file remissions forms.

  • URGENT >> BULLETIN >> MOVING: AdSurfDaily Remissions Distributions Are Beginning

    URGENT >> BULLETIN >> MOVING: UPDATED 5:21 P.M. EDT (U.S.A.) Remissions payments to AdSurfDaily members fleeced in an alleged global Ponzi scheme are beginning, a source tells the PP Blog.

    It was not immediately clear how Minnesota-based Rust Consulting Inc. — the government-approved claims administrator — would roll out the compensation plan and how long it would take for all members with approved claims to be notified that their payment will be on the way.

    But the PP Blog has confirmed that an ASD member in Minnesota has received a formal notification that the member’s claim has been approved and that funds will be electronically deposited within the next 15 days. (See screenshot below.) The payments are being funded from money seized by the U.S. Secret Service in the civil portion of the ASD case.

    Separately, AdSurfDaily President Andy Bowdoin — who faces criminal charges of wire fraud, securities fraud and selling unregistered securities — continues to flog away on Facebook and a separate fundraising site to raise $500,000 to pay for his criminal defense. After nearly two months of nonstop fundraising, Bowdoin reportedly has fallen 95 percent short of his goal.

    He’ll now be issuing his appeals even as ASD members he is accused of defrauding are receiving remissions payments from the proceeds of his alleged $110 million Ponzi scheme. In sworn court filings, Bowdoin has claimed the money seized in the case belonged to him.

    At least 11,000 people have identified themselves as victims of Bowdoin’s Ponzi scheme, according to court filings.

    Screenshot: Remissions payments to AdSurfDaily Ponzi scheme victims are beginning, according to this letter the PP Blog obtained today from a source.

  • Accused Ponzi Scheme Felon Andy Bowdoin Launches Facebook Page, Asks Members To ‘Like’ Him And ‘Share’ Link To Defense Fundraising Site ‘Right Away’

    After weeks of delays, a Facebook “Fan” page for accused Ponzi schemer Thomas Anderson “Andy” Bowdoin finally has launched. The site includes a link to “Andy’s Fundraising Army,” the web venue at which Bowdoin’s bid to raise $500,000 to pay for criminal lawyers has fallen 95 percent short of its goal.

    Bowdoin, 76, was arrested in Florida in December 2010 and freed on bail. Federal prosecutors described him as a recidivist securities huckster who’d presided over Quincy-based AdSurfDaily.

    ASD was an “autosurf” Ponzi scheme disguised as an “advertising company,” and Bowdoin used some of the money sent in by members to make campaign donations to the National Republican Congressional Committee, prosecutors said.

    An early version of Bowdoin’s alleged $110 million Ponzi scheme collapsed in 2007, leaving members holding the bag, according to records. After weeks in limbo, ASD switched the URL from which the purported “program” operated and relaunched under the new name of ASD Cash Generator, sucking in a new crop of victims, prosecutors said.

    The accounts and unpaid redemptions of participants active at the time of the 2007 collapse were rolled into the new scheme, and incoming members were not told about the original Ponzi failure and that members were getting paid with recycled cash, prosecutors said.

    ASD eventually gained momentum by creating a video lie about the program’s purported legality and by arranging “rallies” in U.S. cities. In late 2007, Bowdoin added a second autosurf Ponzi known as LaFuenteDinero — Spanish for “the fountain of money” — to his criminal tool kit, and compounded his deception, prosecutors said.

    In 2008, Bowdoin and Clarence Busby Jr. of Acworth, Ga., struck up a partnership that resulted in the creation of an autosurf known as Golden Panda Ad Builder, describing it as ASD’s “Chinese” option, according to records.

    The SEC has described Busby as a prime-bank swindler implicated in three securities schemes in the 1990s. Busby has described himself as a minister and real-estate professional. Records suggest he has lost property in Georgia to foreclosure, was the operator of yet-another surf scheme known as BizAdSplash (BAS) and was on the receiving end of an IRS tax lien.

    BAS went missing in early 2010, after positioning itself as a purported offshore business. Its web servers resolved to Panama.

    Like Busby, Bowdoin also was implicated in securities schemes in the 1990s, according to records. He narrowly avoided prison time in Alabama by agreeing to make restitution to defrauded investors.

    Bowdoin has asked Facebook members to “like” his site. The Facebook site does not mention that three ASD members filed a prospective-class action lawsuit against Bowdoin in 2009, accusing him of racketeering and disguising the nature of ASD’s business.

    Nor does the Facebook site reveal that ASD and related businesses have been on the receiving end of at least three civil-forfeiture judgments totaling about $80 million. In August 2008, the U.S. Secret Service seized about $65.8 million from 10 personal bank accounts of Bowdoin through which he was operating the ASD business, according to records.

    The seizure occurred after ASD members falsely claimed that Bowdoin had received an award for business acumen from then-President George W. Bush, prosecutors said. Bowdoin filed two appeals when forfeiture orders were entered against his assets, but lost both. His new appeals for cash are targeted at the people Bowdoin is accused of defrauding: the ASD membership base.

    In the aftermath of the 2008 seizures, Bowdoin described federal prosecutors in the District of Columbia — the venue in which the forfeiture actions were filed — as “Satan.” Bowdoin’s use of the word “Satan” occurred just weeks after he described himself at a company “rally” in Las Vegas as a Christian “money magnet.”

    Bowdoin also compared the seizures to the 9/11 attacks, saying the actions against ASD by the Secret Service were “30 times worse” in some ways than the terrorist attacks that killed nearly 3,000 people in New York, Pennsylvania and Washington.

    One of the Washington victims of the 9/11 attacks was Barbara Olson, an author, television commentator and former assistant U.S. Attorney (AUSA) in the District of Columbia office. Olson was the wife of former U.S. Solicitor General Theodore Olson.

    In commemoration of the 10-year anniversary of the 9/11 attacks, prosecutors in the District of Columbia dedicated a national-security conference room in Barbara Olson’s memory last week.

    “As an AUSA in [the District of Columbia] office, and throughout her career, Barbara proved that her convictions ran deep, and that her fidelity — to the values she held dear, the principles she fought to defend, and the countless people whose lives she touched — was unshakeable,” U.S. Attorney General Eric Holder said last week.

    ASD is known to have so-called “sovereign citizens” in its ranks. Two ASD figures — Kenneth Wayne Leaming and Christian Oesch — sought unsuccessfully to sue the government for its actions in the ASD case, apparently seeking the staggering sum of more than $29 trillion, more than twice the U.S. Gross Domestic Product in 2009.

    Leaming was accused in Washington state in 2005 of practicing law without a license. Records show he also was involved in a lawsuit that sought more than $9 billion against a local hospital in Washington state. Filings in the case show that Leaming sought liens against the hospital and even sought to attach it water and mineral rights. At least two notaries public in Washington state with ties to Leaming have had their licenses revoked. The names of both notaries appear on the docket of U.S. District Judge Rosemary Collyer in the District of Columbia.

    Collyer is presiding over the ASD-related forfeiture actions and the criminal case against Bowdoin. Bowdoin twice has tried to have Collyer removed from the case. Both efforts failed, and the U.S. Court of Appeals has upheld the forfeiture orders she issued in the case.

    Sixty-two people (as of the time of this post) have “liked” Bowdoin’s Facebook fan page. It is unclear if Bowdoin’s fans have followed the ASD case closely.

  • UPDATE: His Fundraising Goal 95 Percent Short Of The Mark, Accused Felon Andy Bowdoin Asks The People He’s Charged With Defrauding For ‘Positive’ Testimonials; ‘I Warmly Invite You To Write Your Personal Viewpoint’

    Andy Bowdoin

    A Florida man’s weeks-long, nonstop efforts to raise defense funds from the people he is accused of defrauding in a $110 million Ponzi scheme have fallen flat, leaving him 95 percent short of his $500,000 goal.

    But AdSurfDaily President Andy Bowdoin says he still wants members to send him money — and he’s asking for one more thing: “positive testimonials . . . for a new page on the fundraising website.”

    In a strangely worded email filled with bizarre bullet points some ASD members have received, Bowdoin said this:

    Each of you, who have already donated to the Legal Defense Fund, are thanked by me, and I warmly invite you to write your personal viewpoint and testimony in answer to one, or more or all of the following topics:

    • Why you want to help us fight back against the Govt injustices.
    • Why you think this Fundraising Army is an excellent way to join forces and do something about it.
    • Why you donated your small contribution and why you think all ASD members should do the same quickly.
    • Why you feel positive and hopeful that I can win my court case AND be found “Not Guilty” by the Jury.
    • Why proving to the jury that ASD is not a Ponzi Scheme is so important.
    • Why you want us to win the case and what you will do when ASD gets back in business again.
    • Why you are hopeful that ASD members can get their advertising money back from the US govt.

    The accused felon said in the email that he’d gathered only $24,400 of the $500,000 needed. His formal bid to raise funds began on July 26 after weeks of prelaunch hoopla for his website, which is known as Andy’s Fundraising Army.

    In August 2008, the U.S. Secret Service seized tens of millions of dollars from Bowdoin amid allegations he was presiding over a massive international fraud caper. Federal prosecutors say Bowdoin is well aware he was conducting a Ponzi scheme.

    The money was seized in civil-forfeiture actions, and U.S. District Judge Rosemary Collyer issued final orders of forfeiture and judgments in the government’s favor last year. Prosecutors have established a remissions program from which victims of ASD will receive compensation from seized funds.

    More than 11,000 people have filed remissions claims, prosecutors said in court filings.

    Bowdoin claimed in court filings that the seized money belonged to him. In a September 2009 conference call, he told members it belonged to them — despite what he had told Collyer.

    The U.S. Court of Appeals upheld Collyer’s forfeiture orders.

     

  • Attorney General Visits U.S. Attorney’s Office In District Of Columbia To Commemorate 10th Anniversary Of 9/11 Attack; Justice Department Dedicates National Security Conference Room In Memory Of Barbara Olson, Terrorist Victim And Former AUSA

    EDITOR’S NOTE: The U.S. Attorney’s Office for the District of Columbia brought both the civil and criminal prosecutions in the AdSurfDaily Ponzi case. In 2008, ASD President Andy Bowdoin compared prosecutors in the office to “Satan,” saying that what happened to ASD was “30 times worse” in some ways than what happened on Sept. 11, 2001. The 9/11 attacks killed nearly 3,000 people.

    Barbara Olson, a former assistant U.S. Attorney (AUSA) in the District of Columbia office, was killed on 9/11 when American Airlines Flight 77 — the plane she was aboard — slammed into the Pentagon. Today the Justice Department dedicated a national-security conference room in the D.C. office in her memory.

    Olson was 45 at the time of her death. She was the wife of former U.S. Solicitor General Theodore Olson.

    Here are the remarks U.S. Attorney General Eric Holder delivered today in the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia. Holder once was U.S. Attorney for the District of Columbia.

    Attorney General Eric Holder

    Thank you, Ron [Machen], for your kind words, and for your outstanding leadership of an office that is very special to me – and an essential part of our nation’s Department of Justice.

    As Ron just mentioned – and as many of you remember firsthand – I once had the privilege of leading this office. I understand the unique jurisdiction, and the vital national security prosecutions, that place you at the center of the Justice Department’s efforts to protect the safety of the American people. In a very real sense, you serve on the front lines of this fight. You’re helping to advance our most critical priorities. And you’re doing extraordinary work.

    Let me assure you – Ron never misses an opportunity to brag about his team, and to tell me just how much you’re accomplishing. Especially as we commemorate the tenth anniversary of the most devastating terrorist attacks ever carried out against the United States, it’s clear that this work – your work – has never been more important, or more urgent.

    That is one of the lessons of September 11th, 2001 – a day that transformed our entire nation and touched each of our lives. And I know that many of you experienced the human cost of 9/11 in a deeply personal – and painful – way.

    The nearly 3,000 innocent victims of 9/11 included a remarkable, and cherished, alumna of this office. Some of us had the chance to work with Barbara Olson – to learn from her example, and to count her as a friend. She reached many others with her professional commentary, her bestselling books, and the enduring impact of her contributions.

    Barbara was a wonderful woman – a dedicated public servant, a brilliant attorney, and a loving wife. As an AUSA in this office, and throughout her career, Barbara proved that her convictions ran deep, and that her fidelity – to the values she held dear, the principles she fought to defend, and the countless people whose lives she touched – was unshakeable.

    On the morning of September 11th, 2001, Barbara boarded American Airlines Flight 77 – which soon was hijacked by five al-Qaeda terrorists, and plunged into the western side of the Pentagon.

    Like so many others on that fateful day – in Arlington, Virginia; in my hometown of New York; and in a field outside of Shanksville, Pennsylvania – Barbara’s life was cut tragically short.  But – one decade later – as we gather to reflect on the events of 9/11, and to remember those who were taken from us so suddenly, I believe that – thanks to the heroic efforts of so many law enforcement officers and military service members; the vigilance of dedicated public servants like you; and the extraordinary resilience that the American people – today, our nation is not only safer, but stronger, than ever before.

    Despite the best efforts of our enemies, our resolve has never wavered or weakened. Our commitment to doing not just what is necessary, but what is right – to protect the safety and the civil liberties of those we serve – remains certain. And, over the last 10 years, we have proven this nation’s ability to respond to terror threats, but never – never – to submit to them.

    That’s why, at its core, the anniversary we observe every September 11th is about far more than the buildings that our enemies brought down, or the damage that they inflicted on our fellow citizens. It’s about honoring the heroism we witnessed. It’s about offering our strongest support to law enforcement officers, military service members, and the families of every victim. And it’s about renewing our commitment to upholding the uniquely American values that have always defined and strengthened this great nation.

    In this spirit – and in honor of our fallen colleague – I am proud to join you in dedicating a national security conference room to Barbara’s memory, here in the critical office where she once served.

    As we carry on her work – and build on the record of achievement that each of you has helped to establish – let us draw inspiration from all those who have dedicated their lives to the service of others, and whose memories remind us of the quiet power of compassion, patriotism, and selflessness that shone through the smoke and the wreckage of 9/11.

    These values have always given our nation strength – even in our darkest moments. Let us continue to honor them. And let us continue our work to ensure that – in our own time and in the work of future generations – the lessons of September 11th, and the rich legacies of those we lost, will never be forgotten.

    Thank you.

  • UPDATE: Club Asteria, Cherry Shares, ‘JustBeenPaid’ Promoter ’10BucksUp’ Falsely Claims PP Blog Posts As ‘ISPY’ On MoneyMakerGroup Ponzi Forum; HYIP Apologist Taunts U.S. Law Enforcement In Bizarre Post

    The bizarre descent into chaos of a failing “program” that claimed to be moving to “offshore” servers and once made its participants swear they were not government spies or media lackeys has gotten stranger yet.

    Poster “10BucksUp,” who’s now flogging the JustBeenPaid “program,” falsely claimed on the MoneyMakerGroup Ponzi forum today that the PP Blog posts on MoneyMakerGroup as “ISPY” and published a link to the Blog on the forum to discredit him.

    The PP Blog is not “ISPY” and does not post on MoneyMakerGroup under any identity. Nor does the Blog communicate with “ISPY” in any fashion, know his (or her) identity or encourage  “ISPY” directly or indirectly to post links to the Blog. The Blog has never encouraged any member of MoneyMakerGroup — or any other Ponzi scheme forum — to post links to the Blog.

    It is somewhat common for posters on Ponzi boards, including so-called “naysayers,” to post links to the Blog’s coverage of schemes-in-progress or schemes gone bust. It also is somewhat common for Ponzi board promoters to exhibit paranoia about the Blog’s reporting and even claim the Blog is part of a U.S. government operation.

    Prior to asserting that “ISPY” was the PP Blog, “10BucksUp” accused ISPY of threatening him. ISPY denied threatening “10BucksUp.”

    “10BucksUp” rose to Ponzi forum prominence as a pitchman and apologist for ClubAsteria, which became the subject of a probe by the Italian securities regulator CONSOB in May, had its PayPal account frozen, slashed weekly payouts to members and then eliminated the payouts.

    Meanwhile, “10BucksUp” also acknowledged today that he was a member of the collapsed Cherry Shares HYIP. In June, Cherry Shares was referenced in freeze and trade orders brought by The Autorité des marchés financiers (AMF), the securities regulator for the province of Quebec in Canada.

    The acknowledgement by “10BucksUp” of his Cherry Shares involvement means that he was participating in a second “program” that had come under government scrutiny — but nevertheless plowed headlong into JustBeenPaid.

    Earlier this month, “10BucksUp” advised members of JustBeenPaid that late-entry members were engaging in hurtful and “drastic measures” if they filed disputes with AlertPay. Among other things, JustBeenPaid has asserted it is a “private association.”

    The AdViewGlobal (AVG) autosurf made the same claim prior to its collapse in June 2009. AVG was one of the so-called AdSurfDaily clones — each of which launched (and collapsed) after the August 2008 seizure by the U.S. Secret Service of tens of millions of dollars in a Ponzi scheme investigation.

    Today’s false MoneyMakerGroup claims about the PP Blog also occurred against the backdrop of a securities fraud case brought by the SEC against Jody Dunn, an alleged pitchman for Imperia Invest IBC. Imperia Invest also was promoted on MoneyMakerGroup and TalkGold, and the SEC charged that Dunn had promoted it blindly and relied on claims made by the purported opportunity, rather than conducting any actual due diligence.

    Millions of dollars directed at Imperia Invest went missing, the SEC charged.

    “You want to arrest me? [G]o ahead,” 10BucksUp wrote on MoneyMakerGroup today. “Send a Secret Service/US Seal/intergalactic commando force in my little 3rd world village. Afterall, that is what some Americans think of us right? We all should live under your whims, at what you dictate as legal and not illegal. And then when somebody else invoke that ‘power’ against you, you cry ‘dont tread on me’ or ‘taxed enough already[.”]

    “Go ahead with your crusade, Mr ISPY/Patrick Pretty/Twerp,” 10BuckUp continued. “Clean up the world of garbages like us. There are millions of us. I hope you can finish up in your lifetime.”

    10BucksUp did not say whether he believed U.S. and other world citizens unwise to the ways of the Ponzi pitchman should simply remain silent after they recognize they’ve been scammed and permit fraudsters to steal their money. Nor did he say whether he believed the U.S. government was making a mistake in prosecuting fraudsters who have disappeared with tens of millions of dollars in recent cases such as Legisi and Pathway to Prosperity — in an era of terrorism and economic uncertainty.

    The combined haul of the Legisi, Pathway to Prosperity and ASD “opportunities” was about $250 million, according to court filings. Separately, the Financial Industry Regulatory Authority (FINRA) said last year that Genius Funds, a collapsed HYIP, had gathered $400 million.

    Like Club Asteria, JustBeenPaid and Cherry Shares, Legisi, Pathway To Prosperity, ASD, AVG and Genius Funds were promoted on the Ponzi boards.

    FINRA specifically warned last year that HYIP fraud schemes spread on the Internet through social media and forums.

    “10BucksUp” said today that he used a “a free, blogger blog” to promote Club Asteria. Blogger is part of Google’s Blogspot platform.

    “Now everybody knows ISPY = Patrick Pretty,” 10BucksUp falsely asserted today.

    MoneyMakerGroup and TalkGold are referenced in U.S. federal court filings as places from which Ponzi and fraud schemes are promoted.