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Tag: Akerman Senterfitt

  • As Zeek-Related Fundraising Efforts Begin, ‘Andy’s Fundraising Army’ Down For The Final Count: AdSurfDaily Patriarch Andy Bowdoin Awaits Sentencing In Pre-Zeek, 1-Percent-A-Day Ponzi Scheme Case

    UPDATED 11:31 P.M. EDT (AUG. 26, U.S.A.) After the collapse of AdSurfDaily in 2008, there were at least four efforts to raise funds to “defend” the Ponzi enterprise and/or its participants. The PP Blog has received reports that at least one such effort is under way in the aftermath of the collapse last week of Zeek Rewards, which the SEC called a $600 million Ponzi- and pyramid scheme that had affected more than 1 million people. Zeek also is under investigation by the U.S. Secret Service and the office of North Carolina Attorney General Roy Cooper.

    Zeek members who cling to a belief that the government somehow got it wrong perhaps can save themselves both money and heartache by looking at the history of the various ASD-related efforts to “defend” the multilevel marketing “program” after the U.S. Secret Service seized 15 bank accounts (and about $80 million) in ASD-related proceeds in August 2008.

    Here are briefs on the various ASD-related “defense” efforts:

    “Andy’s Fundraising Army”: This bizarre effort was the fourth and final of a series of failed ASD-related efforts. Started by accused ASD Ponzi schemer Thomas A. “Andy” Bowdoin himself last summer (with the purported help of ASD cheerleader Tari Steward), the effort immediately devolved into a symphony of the bizarre.

    With Bowdoin effectively having been out of public view for nearly three years, the purported “army” teased potential contributors for days with a photo that showed Bowdoin smiling broadly and looking confident. Among other things, the teaser asserted there was “MORE GOOD NEWS” and plenty of reasons to help Bowdoin raise $500,000 to pay for his criminal defense.

    It went on to assert that “A Recent Survey of ASD Members Proves that the Vast Majority of You Want to Join Andy’s Fundraising Army” and that “[P]er standard and accepted industry guidelines, public opinion surveying of 140 members of a large group of members that all share a common interest or purpose, of any size, even in the millions, will give an excellent cross section of the opinions and viewpoints of the entire group.”

    But the “army” site did not describe the characteristics of the 140 ASD members purportedly sampled. Nor did it define what specific surveying “standard” it applied or define the source of the purported “industry guidelines.”

    And what would a good, MLM-like approach to raise funds for an accused HYIP scammer (1 percent a day) be without a “prelaunch” phase? With the teaser in place, a placeholder website for “Andy’s Fundraising Army” promised a full launch to come, along with the exciting opportunity for ASD members to send funds to the man accused of defrauding them to the tune of $110 million.

    But like a bad HYIP dream, the “army” website naturally missed its first advertised launch date. This was blamed on the need for more “testing,” reinforcing one of the HYIP world’s longstanding clichés. It then missed its second advertised launch date, explaining that “one last important system is being finalized.” With the first two launch dates missed, the site reported that it had set a “Final Revised Launch Date.”

    During the evening of July 26, 2011, the launch finally occurred. Like many things ASD, it provided minute after minute of MLM infamy. Indeed, Bowdoin appeared in a fundraising video with symbols of American patriotism as the backdrop.

    Among other things, Bowdoin — who in 2008 described himself as a Christian “money magnet” and advised ASD members after the Secret Service raid that “God” was on the company’s side and that “Satan” had infiltrated the government — claimed in the video that he’d been “crucified” by U.S. law enforcement.

    He blamed the ASD-related losses in civil court on a federal judge, the prosecutors and his own former defense counsel. Bowdoin asked members to provide $500,000 to help him pay his new defense team.

    It is believed he raised about $26,000 in the following weeks — but things continued to unfold like a bad HYIP dream. There was a report that a hurricane knocked the fundraising site offline, for instance. By January 2012, the site had lost its ability to collect money via PayPal. Federal prosecutors declined to comment on the development, which occurred after Bowdoin had become a pitchman for “OneX.”

    In April 2012, prosecutors described OneX as a fraudulent scheme and pyramid. Bowdoin pleaded guilty to wire fraud the following month, admitting ASD was a Ponzi scheme. His fundraising website, which published purported “expert” opinions from attorney Gerald Nehra and consultant Keith Laggos that ASD was not a Ponzi scheme, remained online for weeks after the guilty plea.

    The “Andy’s Army” site is now offline and is listed as an expired domain. In recent days, Bowdoin — as part of his plea agreement — has dropped his last remaining claim to cash seized in the ASD case. (A third ASD-related forfeiture complaint was filed by the government in December 2010. Bowdoin entered a claim.) He is scheduled to be sentenced Aug. 29.

    Nehra’s law firm later became counsel for Zeek, according to Zeek. And Laggos became a purported “consultant.”

    Todd Disner and Dwight Owen Schweitzer: Even as Bowdoin was rolling out his “army” website and repeatedly missing launch dates, ASD figures Todd Disner and Dwight Owen Schweitzer were advancing a plan to raise money to sue the government. An email attributed to Disner surfaced in July 2011 that introduced a pronoun mystery: “We plan to go after Akerman Senifit (sic) next,” the email read in part.

    Akerman Senterfitt was the name of Bowdoin’s original defense law firm in the civil portion of the ASD case. In the earliest days of the case, ASD cheerleaders on the now-defunct “Surf’s Up” forum positioned the well-known firm as the “Perry Mason” firm; the government, meanwhile, was said to be represented by “Gomer Pyle.” A federal judge was described as “brain dead” if she ruled against ASD, and a federal prosecutor was described as an individual who deserved to be placed in a medieval torture rack.

    Why Disner chose the pronoun “we” was never explained. The July 2011 email followed an April 2011 email attributed to Disner that included this declaration: “Let the games begin!”

    During this period, Disner and Schweitzer were soliciting funds to sue the government. This effort began at an unclear point of time after November 2008, the month a federal judge issued a key court ruling against ASD while saying Nehra’s opinion could not be relied upon in part because it “relied solely on the written words contained in the Terms of Service without independent investigation or review of ASD’s business records to ascertain how ASD operates in fact before opining.” (Bolding added.)

    If the judge’s ruling could be reduced to two words, it might read, “Gomer won.”

    At an unclear point in time, both Disner and Schweitzer became reps for Zeek. They filed their ASD-related lawsuit in November 2011, claiming, among other things, that the government had presented a “tissue of lies” when bringing the August 2008 forfeiture case. As part of their apparent strategy, Disner and Schweitzer pointed to purported expert opinions of Nehra and Laggos. Disner and Schweitzer produced those opinions months after ASD had lost two civil-forfeiture cases in both U.S. District Court and the U.S. Court of Appeals.

    Months later, Bowdoin himself put both Disner and Schweitzer in a box. In May 2012 — after Nehra and Laggos both had opined ASD was not a Ponzi scheme and after Disner and Schweitzer had sued the government — Bowdoin admitted that ASD was a Ponzi scheme.

    Bob Guenther and ASDMBA: In 2008, ASD member Bob Guenther became the de facto head of an entity known as the ASD Members Business Association. The stated goal of ASDMBA was to raise funds to hire Dallas attorney Larry Friedman to represent ASD members’ interests in the case.

    ASDMBA soon devolved into a circus, with Guenther using its website to promote a company that was developing an online game. Along the way, Friedman sued ASD critic Jack Arons, triggering a side drama that lasted for weeks and burying Arons in an avalanche of paperwork. (As a matter of pure PR, high-powered Friedman came out the loser for bringing out nukes against a web critic armed with a fly-swatter. The avalanche finally ended, with Arons, a Florida retiree who lives in a manufactured home, largely unscathed.) Guenther, meanwhile, refused to provide a reliable accounting of how the tens of thousands of dollars raised by ASDMBA was spent, according to members.

    Guenther bizarrely dismissed his critics as “left wing liberal no balled people,” calling one an “ignorant mouthy broad.” He also claimed ASDMBA was instrumental in returning money to ASD victims, saying the group retrieved funds for retired and active-duty police officers in Texas and California, and for a high profile Dallas Cowboy’s executive.

    Nothing in the public record suggests Guenther had any standing to perform any services on behalf of ASD members. It later emerged that Guenther was a convicted felon. Months after the 2008 formation of ASDMBA, in March 2009, Guenther was charged with two felony counts of aggravated harassment. Mesa, Arizona, police said Guenther repeatedly violated a court injunction for workplace harassment that prohibited him from nuisancing Cheyenne Mountain and Affiliates, the Arizona business that was developing the online game promoted on ASDMBA’s website.

    Guenther later accepted a plea agreement in the harassment case. No jail time was ordered.

    ASD Members International: This one was hatched by members of the pro-ASD “Surf’s Up” forum, which became Bowdoin’s official mouthpiece after the key court ruling went against ASD in November 2008. ASDMI was a purported nonprofit entity formed in Missouri. Its bizarre mission was to raise funds to litigate against the government even if the government was proceeding lawfully. In short, ASDMI planted the seed that prosecutors and investigators would be sued and/or charged with crimes.

    It is believed that at least 168 people contributed money to ASDMI.

    Included in the ASDMI braintrust was former Surf’s Up moderator Barb McIntyre, who enforced a “Poof Penalty” when ASD members left links on Surf’s Up to stories on the PP Blog.

    But if there was an ASDMI “star,” it was “Professor” Patrick Moriarty, one of the most unusual characters in the entire ASD drama. Moriarty was an early advocate for Curtis Richmond, a purported “sovereign” being who advanced a theory that all commerce was lawful as long as the buyer and seller agreed to a contract. Among other things, it was a position that would have legalized slavery and human trafficking. Richmond went on to accuse a federal judge of “TREASON” and to accuse investigators of theft.

    Richmond was hailed a “hero” on Surf’s Up, which never revealed that Richmond had been found in contempt of court for threatening federal judges and was part of a Utah “Indian” tribe a federal judge ruled a “complete sham.” (This is the “tribe” known derisively as the “Arby’s Indians” because it once held a meeting in an Arby’s restaurant in Utah. The purported “tribe” also had a purported “Supreme Court.” The address for the “Supreme Court” was the address of a doughnut shop. Richmond was sued successfully under the federal racketeering statute (RICO) by public officials in Utah targeted in a vexatious legal campaign by Richmond and other “tribe” members.)

    With Surf’s Up fanning the flames that federal prosecutors and a U.S. Secret Service agent needed to be investigated and prosecuted for their roles in the ASD Ponzi case, it emerged that Moriarty — who once sold fake academic degrees on eBay, claiming they were gag gifts — once had started a purported nonprofit in the name of a man accused of killing a woman in cold blood and ambushing two Missouri police officers and another man.

    Moriarty later was indicted on charges of tax evasion. He pleaded guilty, and was sentenced to federal prison.

    NOTE TO ZEEK READERS: This document, which was filed by federal prosecutors in December 2008, is the second of three known forfeiture complaints filed against ASD-related assets. It is highly recommended reading.

    The document was filed about four months after the original — and best-known ASD forfeiture complaint — was filed.

    The ASD case started as a civil case with a parallel criminal investigation. Zeek-related litigation may follow the same track. Ponzi investigations take time. The December 2008 ASD forfeiture complaint shows that investigators continued to “follow the money” and to destroy ASD’s cover story after the original forfeiture complaint was filed.

    It likely is true that the August 2008 complaint has received the most attention — no doubt because it laid out the core elements of the government’s case. But the December 2008 filing was tremendously damaging because it provided the first real inside glimpse into how ASD truly was operating.

     

     

  • Bowdoin Blames Former Attorneys, ‘Single, Lone Judge’ For His Legal Predicament; ASD Patriarch Now Claims He Was ‘Crucified’ By Prosecutors, Secret Service — After Earlier Comparing Them To ‘Satan’ And The 9/11 Terrorists

    In a fundraising video released last night, ASD President Andy Bowdoin said he was "crucified" by federal prosecutors and the U.S. Secret Service.

    EDITOR’S NOTE: This story is based in part on the content of a video released last night in which AdSurfDaily President and accused Ponzi schemer Andy Bowdoin appeared. A group known as “Andy’s Fundraising Army” is seeking to raise at least $500,000 to pay for Bowdoin’s defense on criminal charges related to the alleged ASD Ponzi scheme.

    UPDATED 10:23 P.M. EDT (U.S.A.) One day after an AdSurfDaily member claimed that “We plan to go after Akerman [Senterfitt] next,” ASD President Andy Bowdoin — without mentioning the law firm by name — suggested the firm was responsible for his legal troubles.

    And Bowdoin — again not naming names — suggested that criminal attorney Stephen Dobson, who is not employed by Akerman Senterfitt, also was to blame. (In court affidavits, Bowdoin has referred to Stephen Dobson as Steven Dobson. The U.S. Court of Appeals already has rejected a claim by Bowdoin that he had been “hoodwinked” by Dobson into releasing his claims to money seized by the Secret Service. At the same time, the appeals court upheld a ruling by U.S. District Judge Rosemary Collyer that Bowdoin “knowingly and voluntarily” released his claims to the money. Bowdoin released the claims while Akerman Senterfitt was his counsel-of-record in the civil-forfeiture case.)

    Bowdoin also blamed Collyer — again without naming names — for his predicament. Bowdoin described Collyer as a “single, lone judge.”

    “Now, after that law firm (Akerman Senterfitt) finished the civil case, which we lost because of a single, lone judge (Collyer) [who] had the final say in verdict [and] not a jury, they told me they couldn’t represent me in a criminal case, that I needed a criminal attorney because there would be a federal indictment.

    “They recommended a law firm in Tallahassee, Florida, so I retained the firm. But the lead attorney in that Tallahassee firm (Dobson) was an ex-U.S. Attorney. And I’m sad to say that he actually sold me out to the federal government,” Bowdoin said.

    Bowdoin described Aug. 1, 2008 — the day the U.S. Secret Service seized tens of millions of dollars from his personal bank accounts in a Ponzi scheme probe — as the day “when the government attacked.”

    In 2008, Bowdoin referred to the Secret Service and federal prosecutors as “Satan,” and compared the seizure to the 9/11 terrorists attacks. In a video released yesterday, he now claims he was “crucified” and “heavily ridiculed” by two U.S. Attorneys and three Secret Service agents.

    Bowdoin said he hoped to raise $500,000 for his legal defense fund, asserting ASD was not a Ponzi scheme. An indictment against Bowdoin was unsealed in November 2010, and he was arrested on Dec. 1, 2010. He is free on bond.

    In September 2009, federal prosecutors described Bowdoin as “delusional,” alleging that he was telling ASD members one thing and Collyer another.

    Bowdoin — without using Miami-based Akerman Senterfitt’s name in the new video but describing it as a “big law firm with hundreds of attorneys and even offices in Washington, DC” — opined that the firm “didn’t do us any good.”

    “So, I learned quickly that big is not always better or good when it comes to hiring a winning law firm,” Bowdoin said.

    Collyer issued a key ruling against ASD in November of 2008, saying that ASD had not demonstrated at an evidentiary hearing it requested that it was operating lawfully. Bowdoin submitted to the forfeiture in January 2009, claiming in September 2009 that he had done so in the belief he possibly could avoid a prison sentence.

    Sometime in December 2008 or January 2009 — the precise date is unclear — Bowdoin signed a proffer letter and acknowledged the government’s material allegations were all true, according to filings by prosecutors. Bowdoin has acknowledged in his own filings that he gave information against his interests.

    Even as Bowdoin was not naming the names of Collyer and his previous counsel in his new video, he was not naming the names of his current counsel in the Ponzi case. Those names (Charles A. Murray and Michael R.N. McDonnell) are available in the public record, Bowdoin said.

    Bowdoin sought unsuccessfully in 2009 to have Collyer, who also is hearing the criminal case, removed from the civil case. Earlier this year, Bowdoin sought unsuccessfully to have a judge in the the Northern District of Florida hear the criminal case, as opposed to Collyer.

    See Bowdoin affidavit from September 2009.

    Compare to February 2010 Bowdoin affidavit. (See related story from Feb. 17, 2010.)

    See transcript by Secret Service of Bowdoin recorded conference call in September 2009.

    See previous story.

     

  • PRONOUN MYSTERY: ‘We Plan To Go After Akerman [Senterfitt] Next,’ AdSurfDaily Member Writes; No Immediate Comment From Law Firm That Represented Andy Bowdoin

    Andy Bowdoin

    UPDATED 3:59 P.M. EDT (U.S.A.) An email attributed to an AdSurfDaily member claims “We are now playing offense” and “We plan to go after Akerman Senifit (sic) next.”

    Why the pronoun “we” was used was not immediately clear. Also unclear is why Akerman Senterfitt has been identified as a prospective target of litigation and what, precisely, constituted “offense” on the part of the unidentified “we.”

    Akerman Senterfitt is the Florida-based law firm that represented ASD President Andy Bowdoin in the immediate aftermath of the August 2008 federal seizure of tens of millions of dollars from Bowdoin’s personal bank accounts by the U.S. Secret Service. The initial forfeiture case — and a subsequent forfeiture case brought by federal prosecutors in December 2008 — were filed as civil actions. ASD lost the cases in U.S. District Court for the District of Columbia and in the U.S. Court of Appeals — long after Akerman Senterfitt withdrew as counsel to Bowdoin and ASD.

    Charles A. Murray was Bowdoin’s counsel of record when final orders of forfeiture were issued against proceeds seized from Bowdoin and when both appeals were decided against Bowdoin, who once claimed as a pro se litigant that he’d been denied “fair notice” of illegal conduct.

    The email, which was attributed to ASD member Todd Disner, did not explain who comprised “we.” Nor did it explain how and why an apparent group of ASD members intended to “go after” the firm, Florida’s largest and one of America’s largest.

    Akerman Senterfitt appears only to have represented Bowdoin and former ASD Chief Executive Officer Juan Fernandez in the August 2008 civil case. There is no record of the firm filing an appearance notice for individual ASD members on the docket of the case, giving rise to questions about how individual ASD members ever could succeed in a bid to sue a law firm that never represented them. In the earliest days of the litigation, some ASD members compared the legal skills of the firm in its representation of Bowdoin and ASD to those of “Perry Mason” — while at once describing a government attorney as a bumbling, hapless “Gomer Pyle.”

    After a key court ruling went against Bowdoin and ASD in November 2008, some ASD members backed away from their earlier “Perry Mason” boast and blamed Akerman Senterfitt for Bowdoin’s legal troubles. The record of the case, however, shows that the government used ASD’s own words against it at an evidentiary hearing conducted in the fall of 2008 at Bowdoin’s request.

    A voicemail message left by the PP Blog for comment at Akerman Senterfitt in Miami was not immediately returned. Bowdoin fired the firm without notice in 2009, according to court records.

    On Jan. 13, 2009, with Akerman Senterfitt as counsel, Bowdoin submitted to the August 2008 forfeiture “with prejudice” and “consent[ed] to the forfeiture of the properties.” More than a month later — on Feb. 27, 2009 — Bowdoin filed a pro se pleading styled “NOTICE of Rescission and Withdrawal of Release of Claims to Seized Property and Consent to Forfeiture.”

    In April 2009, Akerman Senterfitt advised U.S. District Justice Rosemary Collyer that Bowdoin and ASD “have decided to represent themselves without consulting their counsel.

    “By way of example only,” the firm advised Collyer, “Mr. Bowdoin has recently filed, on a pro se basis, a series of motions. Mr. Bowdoin filed these motions without consulting with counsel and without bothering to advise counsel that he would be submitting motions on his own. Under these circumstances, the Akerman Senterfitt Law Firm cannot render effective assistance of counsel.”

    The firm, which was still Bowdoin’s counsel of record when he began to file freelance motions, asked for leave to withdraw from the case, explaining that its representation had become “unreasonably difficult.”

    Collyer released Akerman Senterfitt from the case on April 15, 2009.

    By the close of April 2009 — in response to one of several pro se pleadings by Bowdoin — prosecutors advised Collyer that he had signed a proffer letter in the case and acknowledged that the government’s material allegations were all true.

    Bowdoin himself later acknowledged that he had met with prosecutors over a period of at least four days in December 2008 and January 2009 and had provided information against his interests.

    Neither Bowdoin nor the government has said whether Bowdoin had provided information against the interests of others. Bowdoin claimed in September 2009 that he had been “hoodwinked” into releasing his claims and cooperating with prosecutors by Steven Dobson, a criminal attorney recommended by Akerman Senterfitt.

    The U.S. Court of Appeals for the District of Columbia Circuit unanimously rejected Bowdoin’s hoodwinking claim in March 2011.

    There was no basis “to conclude that appellants were somehow tricked into releasing their claims,” the panel ruled. “Despite Bowdoin’s protests to the contrary, his own affidavit shows that he understood well that he was receiving no promise in return for relinquishing his claims.”

    In his own court filings, Bowdoin acknowledged that his decision to withdraw his claims to $65.8 million seized by the Secret Service was made because of a “possibility” that he could avoid a jail term.

    These are among the phrases to which Bowdoin swore on Sept. 15, 2009:

    • Dobson represented to me that I could possibly avoid prison or get a reduced sentence if I agreed to disclose details concerning ASD and releasing the assets.
    • I also signed a document stating that I would release my claims in the abovecaptioned civil in rem forfeiture proceeding, again thinking that necessary for a possible avoidance of a prison term.
    • I did all of this on the understanding that by cooperating I could possibly avoid a prison sentence.
    • I agreed not to exercise my rights in the civil forfeiture proceeding, anticipating from representations made by Dobson that this could possibly keep me out of prison.
    • Dobson lead [sic] me to believe that if I cooperated there was a possibility that I would not be incarcerated or imprisoned.
    • I believed that my cooperation would still result in a criminal sentence that could possibly not include imprisonment or incarceration.
    • I slowly came to understand what I understood from Dobson not to be the case: that my agreement to cooperate provided me no benefit in the criminal matter except the possibility of a reduced sentence if the judge desired which would still be a life sentence.

    New Email Circulating Among ASD Members

    Here, verbatim, is a new email circulating among ASD members. The email was attributed to Todd Disner. Disner, like Bowdoin, is among dozens of litigants who filed pro se pleadings in the civil portion of the case. (Italics added.)

    Hi folks,

    I talked to Andy the other day. He was in Atlanta airport coming home from his hearing in Washington .
    He said the government gave his attorney 10 discs full of files .
    The judge gave his attorney only 90 days to review all the documents .
    This was not fair but this is what the judge determined .

    But what was really interesting was when he told me that the
    prosecution was very proud of 11,000 affidavits they received from us through Rust
    Incorporated. .

    They “think” that they have evidence that now ASD was an investment.

    Of course we knew that that was a trap to get unsuspecting and desperate
    people to sign just about anything in an effort to get their money back .
    (My question is where of the other 107,000 people who did NOT sign the
    affidavit?)

    I’m sure that Andy’s attorney will speak to the coercive nature used to created that questionable evidence. To me it appears more and more that our
    government is operating with malice in this case. I think that will be apparent
    to any jury.

    Andy’s attorney is filing a motion to REDO the affidavit, This is a powerful attempt to get our money back by asking the court to make the government issue a “reasonable” form; one that does not make us perjure ourselves in an effort to recover what is rightfully OURS.

    Remember when we enrolled in ASD, we signed the “Term and Conditions” explicitly stating the ASD was NOT AN INVESTMENT. The existing form make liars out of us, one way or the other.

    Andy was in good spirits and very confident about his case .
    Dwight helped him get money back from his second attorney .
    This is a story in itself. Its shows the way Andy has been treated
    by his previous attorneys.

    We plan to go after Akerman Senifit next. (Andy’s first attorneys)

    It is a tragedy how the government must stoop to such tactics in
    order to prove their case against Andy and ASD.

    We are now playing “offense” and will see what happens.

    Keep your spirits up and try to help the cause.

    Best Regards,

    Todd Disner
    [Phone number deleted by PP Blog]

    Rust Consulting Inc. is the government-approved claims processor for victims of the alleged ASD fraud. ASD members who certify themselves crime victims through a process known as remission may be eligible to receive compensation through seized proceeds. The government announced nearly three years ago that it was establishing a restitution program.

    Some ASD members have described the remissions program as a government plot. Meanwhile, two ASD figures — Kenneth Wayne Leaming and Christian Oesch — sought to sue the government last year for the spectacular sum of more than $29 TRILLION.

    Disner started a drive earlier this year to raise money to help him and onetime attorney Dwight Schweitzer file a pro se lawsuit against the government.

    In recent weeks, other ASD members have started a fundraising drive for Bowdoin, who was arrested on ASD-related criminal charges in December 2010.

    There have been at least four efforts by subgroups of ASD members to raise money to litigate against the government since August 2008. Some ASD members who provided funding have contributed multiple times, becoming members of subgroups within subgroups that issued appeals for cash.

    A defunct organization known as ASD Members International (ASDMI) purported in October 2008 to be a Missouri nonprofit whose aim was to litigate against the government even if it was proceeding lawfully and perhaps have prosecutors and investigators charged with crimes.

    Separately, a group known as the ASD Members Business Association (ASDMBA) claimed it had gathered more than $100,000 to challenge the forfeiture and speed the return of seized funds. ASDMBA’s de facto head was Bob Guenther, a convicted felon.

    ASDMBA members complained that Guenther provided no transparent accounting after soliciting funds.

    Disner’s apparent group of ASD members is known informally as “ASD Justice,” the title of a Blog. No accounting has been released of the sums it collected. A plan by Disner and Schweitzer to sue the government in Florida’s federal courts appears to have stalled.

    Bowdoin’s apparent group is calling itself “Andy’s Fundraising Army.” It has missed two launch dates this month, but now says it will launch tomorrow. The group has positioned Bowdoin as “David,” with the government cast as a lawless “Goliath.”

  • IT’S OFFICIAL: One Of Andy Bowdoin’s Lawyers Confirmed As U.S. Attorney; Another Tabbed As Federal Magistrate Judge; Firm Put In Charge Of Unraveling Wayne McLeod Ponzi Scheme

    Andy Bowdoin

    It’s enough to fuel the AdSurfDaily conspiracy theorists for years: Pamela Marsh, who represented ASD President Andy Bowdoin in a pyramid-scheme case in state court in Florida, has been confirmed by the U.S. Senate as the new U.S. Attorney for the Northern District of Florida.

    Meanwhile, Jonathan Goodman, one of the attorneys who represented Bowdoin in the Ponzi-scheme forfeiture case filed in U.S. District Court for the District of Columbia, has been appointed a federal Magistrate Judge in U.S. District Court for the Southern District of Florida.

    At the same time, an attorney for Akerman Senterfitt — the firm that employed both Marsh and Goodman — has been appointed to unravel the alleged K. Wayne McLeod Ponzi scheme that targeted members of law enforcement.

    Akerman Senterfitt’s Michael I. Goldberg already has begun his duties as receiver in the McLeod/Federal Employee Benefits Group case.

    President Obama appointed Marsh U.S. Attorney in April. She was confirmed by the Senate June 22.

    “Pam’s deep understanding of the law and commitment to excellence and ethics in her work made her a strong asset to the firm and she is the perfect choice to lead this important office,” said Andrew Smulian, chairman and chief executive officer of Akerman Senterfitt. “Pam has had great success in both the public and private sector and I am confident she will bring these impressive talents to her new role. We are particularly proud that Pam continues the tradition of Akerman attorneys who have made a special commitment to public service.”

    Marsh and Goodman have considerable experience as both prosecutors and defense attorneys.

    Bowdoin, 75, went on to fire an unclear number of attorneys representing him in state or federal court in ASD-related litigation, citing alleged incompetence and a conspiracy theory that his lawyers were only “looking out for the best interest of the government.”

    In 2008, federal prosecutors claimed Bowdoin had “followers.” In September 2009, they claimed he was “delusional.”

    Court records suggest Bowdoin withheld key information from both his attorneys and ASD members. While claiming in court that ASD was broke and could not pay its rent, Bowdoin did not disclose that ASD had $1 million in an offshore account under a different name, federal prosecutors said.

    He also claimed that “Ponzi” allegations against the company in Florida had been dropped, but the office of Florida Attorney General Bill McCollum pointed out that Bowdoin had never been accused by the state of operating a Ponzi scheme. The state brought pyramid allegations against the company.

    Despite federal allegations that Bowdoin was using an appeal to religion and operating a $100 million Ponzi scheme through 10 bank accounts in his personal name and that ASD was buying real estate, cars, jet skis, a boat and marine equipment with criminal proceeds, followers by the thousands initially lined up to support him.

    Some of his supporters said they associated themselves with a theory that the U.S. Congress met in secret session during the 1990s — a decade in which Bowdoin pleaded guilty to fleecing Alabama investors in a securities scheme — to pass secret legislation in anticipation of a visit by reptilian aliens.

    Some supporters also said they believed President Kennedy was assassinated in 1963 because he was about to expose a banking conspiracy.

    Eventually dozens of pro se litigants attempted to intervene in a forfeiture case brought by the U.S. Secret Service in August 2008. Some of them advanced a theory that prosecutors and judges were conspiring against Bowdoin.

    Others claimed the government had neither evidence nor witnesses, claims that were publicly refuted in court filings even before the claims were made. At least one ASD member sought unsuccessfully to force the ouster of U.S. District Judge Rosemary Collyer, claiming she was conspiring with another federal judge to deny justice to ASD members and operating a “kangaroo court.”

    The same member — Curtis Richmond — also sought unsuccessfully in 2008 to oust a federal judge in a separate case by claiming the judge owed him $30 million.

    Bowdoin himself also tried unsuccessfully to oust Collyer. One of his supporters falsely claimed the government had invested the seized funds and recorded a profit of more than $1 billion.

    In September 2009, Bowdoin claimed that his battle against the government was inspired by a former Miss America. He previously claimed the raid on ASD was the equivalent of the 9/11 terrorist attacks that killed nearly 3,000 people, and described the Secret Service and prosecutors as “Satan.”

  • BREAKING NEWS: Judge Grants Motion By Bowdoin’s Paid Counsel To Withdraw From AdSurfDaily Forfeiture Case

    Judge Rosemary Collyer has granted a motion by Jonathan Goodman and Michael Fayad of Akerman Senterfitt to withdraw as counsel for ASD President Andy Bowdoin.

    The firm also was granted leave to withdraw as counsel in the civil-forfeiture case against tens of millions of dollars and real-estate tied to ASD amid allegations of wire fraud, money-laundering and operating a Ponzi scheme.

    Goodman and Fayad filed the withdrawal motion April 2, saying they no longer could represent Bowdoin, AdSurfDaily Inc. and  Bowdoin/Harris Enterprises Inc. effectively.

    In asking for leave to withdraw, the attorneys said their representation of Bowdoin had become “unreasonably difficult.”

    “After this Court denied Claimant’s Emergency Motion for Return of Seized Funds [on Nov. 19, 2008], the client-lawyer relationship between the Firm and all three Claimants substantially deteriorated and has not improved thus rendering the representation unreasonably difficult,” the lawyers said.

    The lawyers said the firm could not discuss specific issues, owing to the attorney-client privilege.

    “Given the attorney-client privilege, the Akerman Senterfitt law firm cannot disclose the
    specific issues underlying the problems with the client-lawyer relationship,” the firm said.

    “However, without breaching the attorney-client relationship, and based on documents which Mr. Bowdoin publicly filed with the clerk’s office, it is obvious that Claimants have decided to represent themselves without consulting their counsel,” the firm continued.

    “By way of example only, Mr. Bowdoin has recently filed, on a pro se basis, a series of motions. Mr. Bowdoin filed these motions without consulting with counsel and without bothering to advise counsel that he would be submitting motions on his own. Under these circumstances, the Akerman Senterfitt Law Firm cannot render effective assistance of counsel.”

    Charles A. Murray, a Florida attorney with privileges in the District of Columbia, filed an appearance notice on behalf of Bowdoin and his corporations last week. Collyer had informed Bowdoin, through Akerman Senterfitt, that the corporate entities could not proceed pro se.

    Bowdoin began to file pro se motions in February, saying he had fired Akerman Senterfitt. At the same time, AdViewGlobal, an autosurf with close ASD ties, introduced members to Pro Advocate Group, which says it can help people practice law without a license.

    In one of Bowdoin’s pro se pleadings, he acknowledged ASD was operating illegally at the time of the seizure, potentially adding to his problems and creating problems for ASD insiders and top promoters.

  • BREAKING NEWS: Bowdoin’s Paid Attorneys File Motion To Withdraw; Akerman Senterfitt Says Relationship ‘Deteriorated’ After Evidentiary-Hearing Ruling Went Against ASD

    UPDATED 7:24 P.M. EDT (U.S.A.) Michael Fayad and Jonathan Goodman of Akerman Senterfitt have asked a federal judge to withdraw themselves and the firm as attorneys for AdSurfDaily Inc.,  Bowdoin/Harris Enterprises Inc. and Andy Bowdoin.

    At the same time, the firm cited attorney-client privilege with respect to its communications with Bowdoin.

    In asking for leave to withdraw, the attorneys said their representation of Bowdoin had become “unreasonably difficult.”

    “After this Court denied Claimant’s Emergency Motion for Return of Seized Funds [on Nov. 19, 2008], the client-lawyer relationship between the Firm and all three Claimants substantially deteriorated and has not improved thus rendering the representation unreasonably difficult,” the lawyers said.

    U.S. District Judge Rosemary Collyer ordered the lawyers to instruct Bowdoin on critical points of law last week, after Bowdoin had filed a series of motions acting as his own attorney. The firm never formally withdrew from the case, but Bowdoin said in court filings that he had fired Fayad and Goodman.

    Bowdoin told ASD members March 13 that he had spent $800,000 on the forfeiture case filed last August and dismissed the attorneys for getting “no results.” He added that he had consulted with a “group” that “said that my attorneys had taken the wrong approach. The group was very confident that they could help because the government had broken so many laws and had violated our rights as citizens of the United States.”

    Akerman Senterfitt advised Collyer today that it had contacted Bowdoin and his corporate alter egos “recently” and advised them on the critical matters, which dealt with a rule that corporations could not proceed as pro se litigants.

    “The Akerman Senterfitt law firm has recently been able to contact its clients and has obtained their consent to withdraw from representing them,” the firm said. It did not say how it contacted Bowdoin or identify his whereabouts.

    “In addition, Akerman Senterfitt’s two corporate clients have been specifically advised that they cannot appear as litigants in this Court on a pro se basis and that they must have counsel,” the firm said. “Through their principal, Mr. Bowdoin, the two corporate clients provided written acknowledgment of their understanding of this legal rule.”

    Collyer said last week that AdSurfDaily Inc. and Bowdoin/Harris Enterprises Inc. could not represent themselves pro se on claims to seized proceeds because they are corporations. Bowdoin is permitted to represent himself as an individual on claims, but the corporations must have an attorney.

    Plaintiffs in a racketeering lawsuit against Bowdoin that is separate from the forfeiture case said they have not been able to serve Bowdoin or co-defendants Robert Garner or Clarence Busby.

    Garner was an ASD attorney. Busby was president of Golden Panda Ad Builder, a company whose assets were seized in the ASD probe. The RICO lawsuit has been pending since Jan. 15. A second summons was issued March 18.

    Why Bowdoin, Garner and Busby have not been served is unclear. Garner is listed as a director of AdSurfDaily Inc. in Nevada corporation records. But ASD’s incorporation in Nevada appears to be in default for not filing an annual update of officers by Dec. 31, 2008.

    ASD is listed as a Nevada-based foreign corporation in Florida, with Bowdoin holding the titles of director, president, secretary and treasurer. Garner’s name is not listed in the Florida documents, which were filed May 23, 2008.

    ASD, in longhand, listed its address as 13 S. Calhoun St., Quincy, Fla., in its May 2008 Florida filing. Federal prosecutors said the address was bogus. The same address is listed in Nevada corporation records. Public filings suggest that the U.S. Secret Service was on the ground in Quincy prior to the seizure of ASD’s assets last August. The forfeiture complaint contains a photograph of an ASD sign the prosecution said listed the bogus address.

    Florida filings from 1995 and 1996 by Bowdoin’s wife, Edna Faye Bowdoin, list the address of the building ASD went on to use as its headquarters as 11 S. Calhoun Street. The building once was home to Faye’s Florist Inc. The same building was listed by Edna Faye Bowdoin as having the 13 S. Calhoun Street address and serving as headquarters for Bowdoin/Harris Enterprises, according to June 2008 Florida records.

    Fayad and Goodman today did not say where Bowdoin could be reached, acknowledging that they were aware of his pro se pleadings because they were a matter of public record.

    “Given the attorney-client privilege, the Akerman Senterfitt law firm cannot disclose the
    specific issues underlying the problems with the client-lawyer relationship,” the firm said.

    “However, without breaching the attorney-client relationship, and based on documents which Mr. Bowdoin publicly filed with the clerk’s office, it is obvious that Claimants have decided to represent themselves without consulting their counsel,” the firm continued.

    “By way of example only, Mr. Bowdoin has recently filed, on a pro se basis, a series of motions. Mr. Bowdoin filed these motions without consulting with counsel and without bothering to advise counsel that he would be submitting motions on his own. Under these circumstances, the Akerman Senterfitt Law Firm cannot render effective assistance of counsel.”

    In a proposed order for leave to withdraw as Bowdoin’s counsel, the firm said Bowdoin’s last known address was 8 Gilcrease Lane, Quincy, FL 32351.

    AdViewGlobal (AVG), a surf firm that has close ties to ASD, introduced members to a firm known as Pro Advocate Group in February. Pro Advocate Group says it can help people practice law without a license. Bowdoin’s pro se pleadings began to appear at the same time AVG introduced the company.

    Karl Dahlstrom is associated with Pro Advocate Group. He was sentenced to 78 months in federal prison in the 1990s for securities fraud.

    Fayad and Goodman filed notice with the court last fall that Bowdoin would exercise his 5th Amendment right against self-incrimination at the Sept. 30-Oct. 1 evidentiary hearing. Bowdoin did not appear for the hearing or take the stand.

    In his pro se pleadings, however, Bowdoin acknowledged ASD was operating illegally last summer when agents seized real estate and tens of millions of dollars amid allegations of wire fraud, money-laundering and running a Ponzi scheme.

    Bowdoin said he was denied “fair notice” that his conduct was illegal. Within days of his claim, Gary Talbert, a former ASD executive, resigned as chief executive officer of AVG.