Tag: Andy Bowdoin

  • AdSurfDaily’s Bowdoin Says He’s Appealing Forfeiture Order Issued By Federal Judge; Notice Filed 6 Days After INetGlobal Raid; Riddle Of Bowdoin’s Competing Affidavit Claims Unsolved

    Andy Bowdoin

    The president of a Florida-based autosurf company implicated in a Ponzi scheme by the U.S. Secret Service says he is appealing a forfeiture order that gave the government title to more than $65 million seized from his personal bank accounts in 2008.

    Notice of the appeal by Andy Bowdoin of AdSurfDaily was filed by his attorneys March 1, about six days after federal agents — citing the Jan. 4 forfeiture order by U.S. District Judge Rosemary Collyer of the District of Columbia — raided the Minneapolis offices of INetGlobal.

    In an affidavit for a search warrant last month, the Secret Service said INetGlobal, a company operated by Steve Renner, was operating a similar autosurf Ponzi scheme and also engaging in wire fraud and money laundering.

    The INetGlobal affidavit asserts, among other things, that a member of ASD attempted to recruit an undercover Secret Service agent into INetGlobal despite the member’s own reservations about ASD.

    INetGlobal was described by the ASD member as a wink-nod enterprise, according to the Secret Service affidavit. The company “uses the same terminology and business model as ASD,” the agency said.

    In court filings prior to the INetGlobal raid, Bowdoin’s attorneys laid the groundwork for an appeal of Collyer’s Jan. 4 forfeiture order on the grounds of judicial error, arguing that Bowdoin had not received proper notice about orders Collyer issued last year and did not react to them because of computer glitches at the office of one of his attorneys, Charles A. Murray.

    “I experienced as yet unidentified computer/server issues, wherein multiple email messages apparently never loaded to the firm’s Inbox,” Murray said in court filings on Feb. 17.

    The glitches occurred between Nov. 10 and “early January” of this year, Murray said.

    Paperwork for Bowdoin’s appeal shows a “minute order” issued by Collyer Feb. 21, denying earlier motions by Bowdoin.

    A “minute order” is a document that encapsulates legal issues before a judge. Minute orders sometimes are used when paperwork among the parties in a case is flying and a judge memorializes rulings by addressing them in a short entry, as opposed to issuing lengthy orders for each issue.

    “The Court’s Order of November 10, 2009 . . . was not a final, appealable order,” according to Collyer’s minute order. “Nor has Mr. Bowdoin shown that the Court erred in entering . . . the November 20, 2009, Order to Show Cause. The order granting default judgment and final order of forfeiture . . . is the final order in this case.”

    On Nov. 10, Collyer ruled that Bowdoin no longer had standing in the case after he had battled for 10 months to reenter the case. Bowdoin submitted to the forfeiture in January 2009 — and then changed his mind, first acting as his own attorney and later acting with Murray’s help because Bowdoin had fired his previous paid counsel.

    On Nov. 20, Collyer issued an order that gave potential claimants in the case 30 days to come forward. No claimant emerged. On Dec. 17, however, Bowdoin filed a motion to disqualify Collyer, saying she was biased. Collyer denied the motion Dec. 18. She issued the forfeiture order Jan. 4.

    In February, Bowdoin, 75, flatly claimed in a sworn affidavit that he was told by a former defense attorney that, if he submitted to the forfeiture in January 2009 of tens of millions of dollars, he would face no jail time if criminal charges were filed in the ASD Ponzi scheme case.

    He did not name the attorney in the February filing, referring to him obliquely as “prior counsel.” In an earlier filing, Bowdoin identified his counsel as Stephen Dobson.

    “I was assured by my prior counsel that, if I released my claims in this [civil-forfeiture] action, I would not be facing any incarceration,” Bowdoin claimed last month. “My January 2009 motion to withdraw my claim . . . was solely based upon prior counsel’s unilateral mistaken belief that my release of claims would unequivocally assure that any subsequent criminal sentence entered would not include any prison time.”

    Last month’s filing was witnessed by Florida notary public Joe B. Cox of Lee County.

    But in a sworn affidavit Bowdoin signed Sept. 15 before a different notary public — Patricia C. Sanson of Lee County — Bowdoin repeatedly said Dobson had said only that there was a possibility Bowdoin would not be sentenced to prison if criminal charges emerged.

    In the Sept. 15 affidavit, Bowdoin repeatedly swore that Dobson had not promised him no jail time.

    These are among the phrases Bowdoin swore to in the Sept. 15 affidavit (emphasis added):

    • 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.

    Bowdoin’s filing last month led to questions about whether he deliberately chose to appear before a different notary to swear to the affidavit. At the same time, it led to questions about whether Bowdoin somehow was unaware that Collyer already had cited Bowdoin’s Sept. 15 sworn affidavit in a major ruling that Bowdoin no longer had standing in the case.

    On Nov. 10, Collyer noted Bowdoin’s repeated use of the words “possibly,” “possible” and “possibility” in the Sept. 15 affidavit when referring to the advice Dobson had given him on the matter of jail and finding that Dobson had behaved responsibly while representing Bowdoin.

    “Such an approach from counsel could be seen as the norm when the Government’s evidence is strong,” Collyer said. “What Mr. Bowdoin hoped to gain from his release of claims/early acceptance of responsibility and his debriefing with the Government was a promise of no jail time. When that was not forthcoming from the Assistant United States Attorney, Mr. Bowdoin balked and tried to back up, as if he had not already released his claims and talked to the Government.”

    There may be other news associated with Bowdoin’s appeal: The filings suggest that William Cowden, who spearheaded the forfeiture case for the Department of Justice as an assistant U.S. Attorney and then accepted a job in the private sector, may be returning as a special prosecutor while maintaining his job in the private sector.

    Cowden was derided by Bowdoin supporters as “Gomer Pyle,” but piloted the case through an evidentiary hearing that resulted in a ruling from Collyer in November 2008 that ASD had not demonstrated it was a legal business and not a Ponzi scheme.

    With the Secret Service leading the investigation, Cowden then filed a second forfeiture complaint against assets linked to ASD. The second complaint was filed in December 2008 and named members of Bowdoin’s family as beneficiaries of ASD’s illegal scheme.

  • Secret Service, FBI, IRS Raid Steve Renner’s INetGlobal Operations In Minneapolis; Scene Resembled AdSurfDaily Raid In Florida

    UPDATED 10:40 A.M. ET (U.S.A.) Federal and state agents have raided the Minneapolis offices of Inter-Mark Corp., seeking evidence of a Ponzi scheme, the Star Tribune of Minneapolis/St. Paul is reporting.

    Inter-Mark Corp. is operated by Steve Renner, who also operates a purported “advertising” service known as INetGlobal. In a scene that resembled the August 2008 raid at the headquarters of Florida-based AdSurfDaily, agents in Minnesota were seen carting boxes of documents and computers.

    ASD was implicated in a $100 million Ponzi scheme.

    Renner has been under investigation for at least 17 months and likely longer. He was indicted on charges of tax evasion in September 2008, about a month after the ASD raid. He was convicted in December 2009 of evading more than $332,000 in taxes between 2002 and 2005.

    Renner, 54, “diverted substantial funds from his business, Cash Cards International (CCI), between 2002 and 2005 to pay his personal living expenses as well as to make personal investments in coins, oil wells, art, stamps, and vintage musical instruments,” prosecutors said in December.

    He also used CCI funds to promote his musical band, “Stevie Renner and the Renegades,” prosecutors said.

    “From 2001 to 2006, Renner owned CCI, an Internet-based stored-value card and money
    transmission business, with locations in Minnesota, South Dakota, and Hawaii,” prosecutors said. “Although he was legally obligated to file federal income tax returns and pay all federal taxes owed, he failed to file his income tax returns with the Internal Revenue Service for tax years 2002 through 2004 until March 5, 2006, the date on which he also filed his 2005 federal income tax return.”

    “Tax evasion is not a victimless crime,” said Julio La Rosa of the IRS, upon Renner’s conviction.

    “Honest, hardworking taxpayers pay the price when others choose to evade their tax obligations,” La Rosa said. “As this verdict shows, those that cheat will get caught.”

    Renner faces up to 20 years in federal prison in the tax case.

    Renner also is associated with a domain known as AdPacs.com, which is throwing a server error. It is believed that AdPacs promoters also promoted the AdViewGlobal (AVG) autosurf, which had close ties to ASD.

    Affiliates of Steve Renner's AdPacs.com pushed AdViewGlobal just prior to its February 2009 launch. This screen shot of search result that appeared online more than a year ago lists the name of Juan Fernandez, the CEO of AdSurfDaily. ASD is implicated in a $100 million Ponzi scheme. AVG launched AFTER the federal seizure of tens of millions of dollars in the ASD case. Like ASD President Andy Bowdoin, Fernandez took the 5th Amendment at an evidentiary hearing in September 2008. Now, Renner's company is the subject of a major federal probe. ASD sold "ad-packs." AVG referred to its version of "ad-packs" as "viewer impressions" after the phrase "ad-packs' became radioactive.

    As was the case with the ASD raid in Florida, local media caught the events at Renner’s office yesterday on video. Minnesota has been plagued by Ponzi schemes. Some ASD members from Minnesota have been among the loudest advocates for ASD President Andy Bowdoin.

    The Minnesota Financial Crimes Task Force assisted in the raid.

    Earlier this month, the Secret Service announced the formation of an Electronic Crimes Task Force (ECTF) based in Memphis. The agency also has ECTFs in St. Louis, Kansas City, New Orleans and Europe.

    “One of the top priorities for the Secret Service continues to be combating the computer
    related crimes perpetrated by domestic and international criminals that target the U.S.
    financial infrastructure,” said Secret Service Director Mark Sullivan.

    “The Secret Service, in conjunction with its many law enforcement partners across the United States and around the world, continues to successfully combat these crimes by working closely with experts from all affected sectors to constantly refresh and adapt our investigative methodologies.”

    Read the Star-Tribune’s coverage of the Steve Renner raid.

  • BULLETIN: New Affidavit Filed By Andy Bowdoin Appears To Be At Odds With Claims He Made In September

    Andy Bowdoin

    A sworn affidavit filed today by AdSurfDaily President Andy Bowdoin appears to make claims that are the polar opposite of claims he made in a sworn affidavit witnessed by a notary public and filed in federal court Sept. 15.

    Separately, Bowdoin’s lawyer, Charles A. Murray, filed a brief that may be the opening volley in a bid to challenge the Constitutionality of the government’s forfeiture case, suggesting the U.S. Secret Service had no “probable cause” to seize tens of millions of dollars from Bowdoin’s bank accounts in August 2008.

    Murray also said that Bowdoin had not received fair notice about court rulings and did not challenge the rulings previously because of an email glitch that affected Murray’s computer between Nov. 10, 2009, and “early January” of this year.

    “I experienced as yet unidentified computer/server issues, wherein multiple email messages apparently never loaded to the firm’s Inbox,” Murray said.

    Bowdoin, 75, now flatly claims he was told by a former defense attorney that, if he submitted to the forfeiture of tens of millions of dollars, he would face no jail time if criminal charges were filed in the ASD Ponzi scheme case.

    He did not name the attorney in today’s filing, referring to him obliquely as “prior counsel.” In an earlier filing, Bowdoin identified his counsel as Stephen Dobson.

    “I was assured by my prior counsel that, if I released my claims in this [civil-forfeiture] action, I would not be facing any incarceration,” Bowdoin claimed today. “My January 2009 motion to withdraw my claim . . . was solely based upon prior counsel’s unilateral mistaken belief that my release of claims would unequivocally assure that any subsequent criminal sentence entered would not include any prison time.”

    Today’s filing was witnessed by Florida notary public Joe B. Cox of Lee County.

    But in a sworn affidavit Bowdoin signed Sept. 15 before a different notary public — Patricia C. Sanson of Lee County — Bowdoin repeatedly said Dobson had said only that there was a possibility Bowdoin would not be sentenced to prison if criminal charges emerged.

    In the Sept. 15 affidavit, Bowdoin repeatedly swore that Dobson had not promised him no jail time.

    These are among the phrases Bowdoin swore to in the Sept. 15 affidavit (emphasis added):

    • 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.

    Bowdoin’s filing today leads to questions about whether he deliberately chose to appear before a different notary to swear to the affidavit. At the same time, it leads to questions about whether Bowdoin somehow was unaware that U.S. District Judge Rosemary Collyer already had cited Bowdoin’s Sept. 15 sworn affidavit in a major ruling that Bowdoin no longer had standing in the case.

    On Nov. 10, Collyer noted Bowdoin’s repeated use of the words “possibly,” “possible” and “possibility” in the Sept. 15 affidavit when referring to the advice Dobson had given him on the matter of jail and and finding that Dobson had behaved responsibly while representing Bowdoin.

    “Such an approach from counsel could be seen as the norm when the Government’s evidence is strong,” Collyer said. “What Mr. Bowdoin hoped to gain from his release of claims/early acceptance of responsibility and his debriefing with the Government was a promise of no jail time. When that was not forthcoming from the Assistant United States Attorney, Mr. Bowdoin balked and tried to back up, as if he had not already released his claims and talked to the Government.”

    Read the sworn affidavit Bowdoin filed today after appearing before notary Joe B. Cox.

    Read the Sept. 15, 2009, sworn affidavit Bowdoin filed after appearing before notary Patricia C. Sanson.

    Read a story from earlier today on a possible split in the Bowdoin/Harris family.

  • Split In Bowdoin/Harris Family? Members Described As ‘Very Much’ Divided; At Least One Family Member Said To Have Contacted Federal Prosecutors

    Andy Bowdoin

    UPDATED 12:01 P.M. ET (U.S.A.) Has the pressure of being challenged on multiple legal fronts led to a split in the extended family of AdSurfDaily President Andy Bowdoin?

    The depths of any split are unclear, and it is believed that Bowdoin has the continued support of some members of the Bowdoin/Harris family.

    But interviews conducted by the PP Blog and information obtained through sources suggest Bowdoin is unable to travel internationally, no longer is living in Quincy, Fla., does not enjoy the uniform support of the extended Bowdoin/Harris family and has been blamed by some for engulfing them in the flames of a legal nightmare.

    At least one family member has contacted federal prosecutors, according to a source. How prosecutors responded to the overture, which was said to have been made in the summer of 2009, is unclear.

    On Saturday, numerous vehicles were parked at a Florida property associated with Bowdoin’s wife, Edna Faye Bowdoin, according to a source. Edna Faye Bowdoin is the mother of George Harris, the reputed co-owner of Bowdoin/Harris Enterprises and the AdViewGlobal autosurf, as well as the head of ASD’s purported “real-estate” division.

    Several women were present, but Bowdoin was not seen, the source said.

    A second source knowledgeable about the Bowdoin/Harris family described the family as a “family divided.” The PP Blog interviewed the second source in August 2009, and has not published comments from the interview until today.

    The source spoke with the PP Blog on the condition of anonymity, and demonstrated knowledge of the family by voluntarily answering questions posed by the Blog prior to the interview and during the interview. The Blog was satisfied that the source could offer insight into the thinking of certain family members.

    “There is already an unbelievable amount of friction in the family right now because of everything that Andy has done,” the source said. “This is very much a family divided.”

    Less than a month after the Blog conducted the interview, the state of Florida revoked the corporate registrations of ASD and Bowdoin/Harris Enterprises Inc. because neither company filed annual reports despite the continuing presence of active litigation involving both firms and despite being given a five-month window to file required documents.

    Neither Bowdoin nor family members explained why the corporate registrations were permitted to lapse. Only four days prior to the revocation, which could have been prevented by the simple filing of papers, Bowdoin told ASD members in a conference call that he had big plans for ASD.

    On the same date Florida revoked the corporate registrations — Sept. 25, 2009 — federal prosecutors turned up the heat on Bowdoin by accusing him in court filings of trying to lie his way back into the federal forfeiture case against ASD’s assets.

    Prosecutors made a veiled reference to AdViewGlobal in their filings, saying Bowdoin perhaps “was just buying time while searching for a different exit strategy that failed to materialize. Maybe Bowdoin thought that before the government brought its charges he (like some of his family members) could move to another country and profit from a knock-off autosurf program that Bowdoin funded and helped to start.”

    Three days later, on Sept. 28, prosecutors turned up the heat again, filing a Secret Service transcript of an ASD conference call and advising a federal judge that Bowdoin was telling her one story and members another.

    In the weeks that followed, U.S. District Judge Rosemary Collyer ruled that Bowdoin no longer had standing in the case. Bowdoin then attempted unsuccessfully to have Collyer removed as the judge.

    Collyer has granted the government’s forfeiture petition in a case filed in August 2008 involving tens of millions of dollars. Bowdoin now is seeking a reversal of that order, claiming it came as a result of judicial error. Prosecutors, however, said the judge did not err and that Bowdoin’s arguments are “impenetrably illogical.”

    Purportedly headquartered in Uruguay, AdViewGlobal, which crashed and burned in June 2009, had close family, membership and promotional ties to ASD.

    In the August 2009 interview, the source described George Harris and his wife, Judy Harris, as “very worried.”

    “Judy heard that the Secret Service was staring to investigate [AdViewGlobal,]” the source said.

    Certain family relationships are fractured beyond repair, the source said.

    “These relationships are done,” the source said. The source said that paranoia was gripping certain family members and that there were efforts to compartmentalize knowledge and limit use of the telephone.

    “They became very shady,” the source said.

    Andy Bowdoin led family members and members of ASD and AdViewGlobal down the primrose path, the source said.

    AdViewGlobal was described by Bowdoin as a “wonderful idea,” the source said, noting that Bowdoin described the successor autosurf as ASD with tweaks.

    AdViewGlobal launched after ASD’s assets were seized amid Ponzi, wire-fraud, securities fraud and money-laundering allegations.

    Andy Bowdoin wanted to proceed with AVG, according to the source, “because, with a few little tweaks, this company can make it.”

    In June 2009, less than a year after ASD’s assets were seized, AdViewGlobal announced a suspension of cashouts, exercising its version of a “rebates aren’t guaranteed” clause.

    How much money the surf collected and how much it paid out are unclear.

  • Receiver In Allen Stanford Ponzi Case Says Politicians Have Not Returned More Than $1.8 Million In Tainted Contributions

    Political groups and politicians have not returned more than $1.8 million in tainted campaign donations received from entities and individuals linked to the alleged Allen Stanford Ponzi scheme, according to the court-appointed receiver in the civil case against Stanford.

    Ralph Janvey, the receiver, said only $87,800 had been returned by politicians. Letters requesting the money be returned went out 11 months ago.

    The donations were linked to Stanford personally, Stanford International Bank Ltd., Stanford Group Co., Stanford Capital Management LLC, and Stanford executives James M. Davis and Laura Pendergest-Holt and certain entities they own or control, Janvey said.

    Here is a list of donations that have not been returned. (The numerals are dollar amounts):

    950,000 Democratic Senatorial Campaign Committee
    238,500 National Republican Congressional Committee
    202,000 Democratic Congressional Campaign Committee
    128,500 Republican National Committee
    83,345 National Republican Senatorial Committee
    25,000 Rangel Victory Fund
    10,000 New Jersey Democratic State Committee
    10,000 Representative Pete Sessions (R-TX)
    6,600 Representative Gregory Meeks (D-NY)
    6,100 Senator Bill Nelson (D-FL)
    5,000 Americans for a Republic Majority PAC
    5,000 Delegate Donna Christensen (D-USVI)
    5,000 Representative Charles Gonzalez (D-TX)
    5,000 KPAC (affiliated with Senator Kay Bailey Hutchinson of Texas)
    5,000 Lone Star Fund
    5,000 Representative Charles Rangel (D-NY)
    5,000 Senator Roger Wicker (R-MS)
    4,600 Senator Barack Obama (D-IL) (presidential campaign)
    4,550 Representative Dan Maffei (D-NY)
    4,000 Senator John Cornyn (R-TX)
    4,000 Senator Patty Murray (D-WA)
    4,000 Representative Richard Neel (D-MA)
    4,000 Senator Charles Schumer (D-NY)
    3,300 Representative Pete Olson (R-TX)
    3,300 Representative Charles Rangel (D-NY)
    3,000 Representative James E. Clyburn (D-SC)
    3,000 Representative Rahm Emanuel (D-IL)
    3,000 ERICPAC
    3,000 Leadership PAC 2006
    2,550 Representative Eric Massa (D-NY)
    2,550 Representative Mike McMahon (D-NY)
    2,500 Senator Richard J. Durbin (D-IL)
    2,500 Freedom Fund
    2,500 Representative Timothy Johnson (R-IL)
    2,500 Representative Paul Kanjorski (D-PA)
    2,500 Senator Mary Landreiu (D-LA)
    2,500 Representative John Lewis (D-GA)
    2,500 Senator Mitch McConnell (R-KY)
    2,500 National Leadership PAC
    2,500 Representative Adam Putnam (R-FL)
    2,500 Senator Gordon Smith (R-OR)
    2,500 Former Senator John Sunnunu (R-NH)
    2,500 Representative John Tanner (D-TN)
    2,500 Representative Bennie Thompson (D-MS)
    2,300 Representative John Boccieri (D-OH)
    2,300 Representative Deborah Halvorson (D-IL)
    2,300 Senator John McCain (R-AZ)
    2,300 Olson-Texas Victory Committee
    2,300 Senator Roger Wicker (R-MS)
    2,100 Senator Orrin Hatch (R-UT)
    2,000 Representative Spencer Bachus (R-AL)
    2,000 Senator Evan Bayh (D-IN)
    2,000 Reprsentative Kevin Brady (R-TX)
    2,000 Representative Vern Buchanan (R-FL)
    2,000 Representative Dave Camp (R-MI)
    2,000 LEADPAC
    2,000 Representative Ileana Ros-Lehtinen (R-FL)
    2,000 Representative Lamar Smith (R-TX)
    2,000 Representative Patrick Tiberi (R-OH)
    1,500 Representative Charles Boustany (R-LA)
    1,500 Representative Sam Johnson (R-TX)
    1,500 Representative Peter King (R-NY)
    1,500 Representative Kendrick Meek (D-FL)
    1,000 Representative Joe Barton (R-TX)
    1,000 Senator Max Baucus (D-MT)
    1,000 Senator Maria Cantwell (D-WA)
    1,000 Representative Shelley Moore Capito (R-WV)
    1,000 Representative Steve Cohen (D-TN)
    1,000 Former Senator Elizabeth Dole (R-NC)
    1,000 Senator Byron L. Dorgan (D-ND)
    1,000 Representative Michael McCaul (R-TX)
    2,000 Representative Donald Payne (D-NJ)
    1,000 Senator Pat Roberts (R-KS)
    500 Representative Steve Cohen (D-TN)

    TOTAL NOT RETURNED: $1,825,495

    Here is a list of donations that have been returned. (Dates returned included. Numerals are dollar amounts):

    03/24/09 14,000 Shelby for US Senate
    03/24/09 1,000 Barney Frank for Congress Committee
    03/24/09 4,000 Arcuri for Congress
    03/24/09 2,000 Neugebauer Congressional Committee
    03/24/09 1,000 Marsha Blackburn for Congress
    03/24/09 8,000 Friends for Harry Reid
    03/24/09 1,500 David Scott for Congress
    03/24/09 1,000 Freedom Funds – Mike Crapo, Honorary Chairman
    03/30/09 11,500 Chris Dodd for President
    03/30/09 16,000 Friends of Chris Dodd
    03/30/09 2,500 Friends of Mark Warner
    04/03/09 2,300 Minnick for Congress
    04/03/09 2,000 Lloyd Doggett for Congress
    04/07/09 3,000 Alexander for Senate 2014, Inc.
    04/08/09 2,500 Collins for Senator
    04/23/09 5,000 Friends of Jay Rockefeller
    05/07/09 2,500 Campaign Account of Robert Wexler
    06/18/09 3,000 Mel Watt for Congress
    06/18/09 5,000 Friends of John Boehner

    TOTAL RETURNED AS OF JAN. 21, 2010: $87,800

    Stanford is accused of multibillion-dollar fraud. He is jailed in Texas.

    Campaign contributions tainted by Ponzi money also are an element of the $1.2 billion Scott Rothstein case in Florida. Records suggest that AdSurfDaily President Andy Bowdoin, implicated in an alleged $100 million Ponzi scheme, also gave political donations with tainted funds.

  • EDITORIAL: BizAdSplash, AdGateWorld, AdViewGlobal: Serial Promoters Should Be Prosecuted, ASD Members In Clone Ranks Should Be Excluded From Restitution Fund

    ASD's Andy Bowdoin

    If a thousand people tell you the autosurf they’re promoting is the “real deal” and that they’ve done their “due diligence” — they are lying.

    If you believe them, you are setting yourself up to be fleeced and perhaps even dragged into court, perhaps as a reluctant victim or perhaps even as a defendant in a fraud case.

    If you promote the surfs, email prospects, attach your referral URL to forum and web posts, set up forums to pimp these miserable businesses, accept commissions, provide strategic advice or an “earnings calculator” or spreadsheet, tell people to “call” you for details, maintain a list of surfs that are “working” and surfs that are not, defend the surfs in forums, repeat Garbage In, Garbage Out (GIGO) from the program owners and claim you had no ill intent when the surf failed because you were relying on the assertions of your upline sponsor or the program owner, well, you are asking for trouble.

    The SEC told you that three years ago with the 12DailyPro prosecution and the follow-up prosecutions of Phoenix Surf and CEP.

    And the U.S. Secret Service told you that almost 18 months ago with the prosecution of AdSurfDaily, Golden Panda Ad Builder and LaFuenteDinero. Moreover, the President of the United States and the Attorney General of the United States told you that last year with the creation of the Interagency Financial Fraud Enforcement Task Force.

    Plan to defend your surf participation on the grounds people are free to make up their own minds and that the government has no right to interfere with commerce? Congratulations. You’ve just provided aid and comfort to securities fraudsters, narcotics traffickers, drug dealers and people engaged in human trafficking.

    That’s their argument, and that makes you their intellectual soulmate. It also was the argument for slavery in the 19th century and earlier. Society rejected the argument long ago. It was far too taxing on the intellect and the human soul to be assigned any continuing credibility. The poison you deliver through your Ponzi is at least the equal of the poison the man hiding in the shadows of the school yard wants to deliver to your child.

    Selling a Ponzi? You are selling people into financial bondage. You might as well sell human beings to the highest bidder on Public Square: Ponzi = Slavery To Money Lost. That’s what you’re selling, and it consumes human souls.

    Willful Blindness

    Still an autosurf player? There you are, still ignoring information published in the open, still flailing, still pimping, still telling people this one is “different,” still pretending that the enterprises are wholesome or a “game” or a nontraditional investment, still persuading yourself daily that there is no way that any of the money gathered by these schemes could fall into the hands of people who’d sooner drop a bomb on your office than assign you or your family members and friends any worth as human beings.

    Perhaps you’re even signing your emails with a “God Bless” or a religious reference. Maybe you’re even including a disclaimer of some sort, perhaps not recognizing that you’re setting the stage to be labeled an affinity fraudster in addition to being labeled a financial fraudster — and providing investigators the evidence of “consciousness of guilt” by all the ducking and weaving and dancing you’re doing in your bid to find words to insulate yourself from liability.

    “God bless” makes you look like a crook in the context of autosurfs and HYIPs. The disclaimer makes you look like a common fraudster who’s made a cold calculation and arrived at the conclusion you’re smarter than the cops and the regulators.

    You likely haven’t seen a disclaimer along these lines, but here is what the standard disclaimers mean — no matter how they’re dressed up, no matter how polite the language:

    I am a common fraudster, but I’d like you to think I’m an “industry” expert and a thoughtful sponsor. Basically I’m a parrot: I repeat what the program owners tell me. Usually I’m better with words than they are, so I dress it up. I’m smart enough to know that no real due diligence is possible with these things. They don’t publish financials. They all use offshore payment processors. There is no real way to check on any financial claims. I got “paid” and others got “paid” is good enough for me. I’m willing to take the risk that the money generated by the surfs will be used for peaceful purposes, rather than building bombs.

    Every autosurf (and HYIP) I’ve pitched has failed. Some of the operators are the subjects of criminal actions and lawsuits filed by the government and members of the surfs. Some of the participants had criminal records, had been arrested for felonies, had been charged civilly with securities fraud or had been sued for other wrongdoing. I didn’t bother to tell you these things because I didn’t really know and, besides, it was not my job to do the research. My job is to be willfully blind. My job is to show you what’s out there and let you make up your own mind — you being an adult and thus free to make your own choices. I just want your money.

    Don’t come crying to me if the surf fails after you’ve signed up under me. I’m a victim, too, but I won’t whine about it. Too much risk of getting caught. Stick with me and we’ll become victims in one scheme after another. For now, I’ll make the most money because my list is bigger than yours and I run a forum and am an active participant in other forums. Follow my lead. Build your surf list. Start a forum — and you can be a victim just like me!

    You are on thin ice for even participating in a surf. This ice becomes thinner yet if you make the decision to become a pimp. You could find yourself all alone — in need of an attorney.

    Under The Microscope

    Have you read any of our coverage of the alleged Trevor Cook/Pat Kiley Ponzi scheme in Minnesota? We have published a number of stories demonstrating that local communities are paying close attention to the Ponzi players in their midst. Neighbors and local cops are putting the alleged schemers under the microscope.

    Cook was videotaped in a grocery store after the Ponzi allegations surfaced because a loss-prevention specialist thought he just might be using the store to deplete assets of the receivership estate. His wife also was videotaped. The 71-member police department in Eagan, Minn., contacted the receiver in the case to report Cook was using a credit card after his assets were frozen.

    The general public and its representatives have connected the dots autosurf and HYIP promoters refuse to connect, let alone acknowledge: Ponzi = Pain, and Ponzi = Scrutiny — even by the local cops and grocers and retailers.

    Trevor Cook now has been jailed for contempt of court. A federal judge has ordered him to turn over tens of millions of dollars investigators have traced to the alleged scheme. Jamie Solow was ordered to jail in Florida for trying to hide assets in the Cook Islands in another fraud scheme.

    Still undecided on where you stand on the issue of autosurfs and HYIPs? Ask yourself if you want to be videotaped when you go into the store to buy a loaf of bread — or videotaped as you return to your car. Ask yourself if you want to be sitting in court watching a video produced by a camera that even captured the numbers on your license plate.

    That’s how much regard society has for Ponzi schemers these days. If you get named in a Ponzi complaint, you’re going to be on TV, in the newspapers, on the radio, on the Internet. You’re even going to be on the video the store detective is shooting because he figures you’re up to no good.

    And if you are promoting autosurf and HYIP schemes today, you are sticking out like a sore thumb. You may be putting your freedom at risk because you cannot say no to the money and continue to believe that, if there’s a hole, you can wiggle out of it with your command of language or by playing the victims’ card.

    You are not a victim if you are continuing to promote autosurfs and HYIPs. You are a perpetrator.

    ‘Offshore’ Beacon Signals The Crime

    Ever receive a pitch highlighting the advantages of an “offshore” surf or HYIP enterprise? The people who send you such pitches want you to think that “offshore” equals “safe.” You should regard such pitches as clear evidence you are being scammed by a criminal, one who is willing to lie to separate you from your money and perhaps even make you part of a court case.

    The three so-called AdSurfDaily clones — BizAdSplash, AdGateWorld and AdViewGlobal — all have tanked. Each launched in the aftermath of the federal seizure of tens of millions of dollars from ASD. Each domain name for the clones was registered after the seizure. Each of the clones highlighted “offshore” locations. Promoters preached the gospel of having learned from ASD’s mistakes.

    Like a bunch of Stepford children, ASD members lined up to promote the clones. The clones filled their “membership” rosters with ASD members looking for a way to retrieve their ASD losses.

    Andy Bowdoin put some ASD members in desperate straits. All three of the clones traded off that misery, positioning themselves as cures for what ailed ASD, while they also benefited from Bowdoin’s antigovernment missives. He fanned the flames, told the troops that the U.S. Secret Service — the agency that guards the President and the Treasury — was comprised of Nazis and terrorists responsible for losses 30 times greater than the 9/11 losses.

    We’re of the mind that very few true BAS, AGW and AVG victims exist. There is good reason to believe that most of the earliest members of the clones also belonged to ASD. Their participation in the clones speaks of a willful blindness — and also of a desire to enrich themselves by trading off the misery of those who would come later.

    It is particularly galling — almost galling beyond measure — that some of the earliest members of the clones were complaining about “slow” refunds in the ASD case. They were perfectly willing to see themselves as ASD “victims” if it meant getting back a share of their money from restitution proceeds. At the same time, they were perfectly willing to rail against the members of law enforcement who stopped the ASD scheme from mushrooming — all while they were trying to help the clones mushroom to pocket commissions and make up for ASD losses.

    Those positions are irreconcilable. They speak compellingly of egregious intent to defraud.

    Looking for your BAS, AGW or AVG money? Good luck. It could be in the pocket of an insider or a serial promoter. It could be in any number of offshore banks or payment processors — or it could be hidden practically anywhere. The cash is not in plain view, to be sure.

    We sincerely hope the investigators dug down deep into the filthy laboratories of these schemes — and just observed and observed and observed and interacted with the “players” undetected, using the intelligence they gathered to set the stage for a spectacular autosurf and HYIP takedown to come.

    In the near term, members of BAS, AGW and AVG who also were members of ASD should be excluded from the proposed ASD restitution fund. The days of willful blindness and wink-nod need to come to an end.

    Ponzi = Slavery To Money Lost.

  • Bowdoin, Prosecutors Clash Anew In August 2008 Forfeiture Case; Dispute May Explain Government’s Announcement Last Week That Separate Case Could Be Delayed For ‘Several Months’

    UPDATED 2:03 P.M. ET (U.S.A.) Two attorneys for AdSurfDaily President Andy Bowdoin are asking a federal judge to vacate orders she issued granting a default judgment to the government and granting a final order of forfeiture to tens of millions of dollars and a home seized in the case.

    Attorneys Charles A. Murray and Michael R.N. McDonnell assert that U.S. District Judge Rosemary Collyer issued the orders granting the judgment and forfeiture in error — before Bowdoin’s legal remedies were exhausted in the August 2008 civil-forfeiture case against ASD-connected assets.

    Although Bowdoin’s defense counsel asserted the government did not oppose the motions, prosecutors fired back with a motion to clarify their point of view, suggesting they did not want anyone to get the impression that they believed Bowdoin’s new arguments had merit.

    Collyer issued the judgment and forfeiture order Jan. 4, Bowdoin’s counsel argued. The order was entered into the record Jan. 6, 57 days after Collyer issued an order in November that denied Bowdoin’s bid to reassert claims to money he forfeited to the government in January 2009.

    Bowdoin still had three days remaining to challenge Collyer’s November ruling when the final judgment and forfeiture order were entered Jan. 6, Bowdoin’s counsel argued, asserting that Collyer had entered the judgment and forfeiture order “erroneously” and prejudiced their client.

    A decision by Collyer not to vacate the orders would result in a “manifest injustice” to Bowdoin, his attorneys argued.

    Bowdoin may turn to the U.S. Court of Appeals for a remedy, his attorneys said. They argued that “intervening circumstances beyond [Bowdoin’s] control” had affected the outcome of the case, suggesting that a clerical error of some sort had prejudiced their client.

    Assistant U.S. Attorneys Deborah L. Connor and Barry Wiegand said Collyer’s issuance of the default and forfeiture orders was legally sound.

    “[T]he United States will contest in every Court at any level any challenge to any of these rulings as error,” Connor and Wiegand said.

    Prosecutors said the government  had spoken with Murray and related to him that it did not oppose providing Bowdoin time to argue his motions. But Connor and Wiegand said the government wanted to make its position “clear” that it did not believe Collyer had erred.

    “The Court’s rulings and issuance of a default judgment and final order or forfeiture were correct in law and fully justified by [the] case’s posture when [Collyer] ruled,” the prosecutors said.

    They added that they intended to file a supplemental brief. How the case would proceed was not immediately clear.

    Prosecutors said last week that there might be a delay of “several months” before final adjudication of a separate forfeiture case brought against ASD-connected assets in December 2008. Bowdoin’s new filings in the August 2008 case suggest both cases could be delayed.

  • PROSECUTORS: ‘Final Action’ In Second ASD Forfeiture Case Not Expected For ‘Several Months’

    UPDATED 11:46 A.M. ET (U.S.A.) Final judicial action in the second forfeiture case filed against assets connected to AdSurfDaily “is not expected for at least several months,” federal prosecutors said.

    The second action was filed in December 2008. It identified family members of ASD President Andy Bowdoin as beneficiaries of a Ponzi, wire-fraud and money-laundering scheme operated by ASD.

    Among the family members identified in the December complaint were Bowdoin’s wife, Edna Faye Bowdoin, and her son, George Harris. Judy Harris, the wife of George Harris, also was identified in the complaint as a beneficiary of ASD’s alleged illegal conduct.

    Prosecutors filed the initial action against ASD’s assets in August 2008. That case concluded with the Jan. 4 issuance of a final forfeiture order by U.S. District Judge Rosemary Collyer, prosecutors said.

    The government now has title to nearly $80 million seized in the August 2008 case — the lion’s share of the liquid assets (cash) from the combined cases. Only about $635,000 in cash was listed as seized in the December case, meaning prosecutors have control of more than 99 percent of the money targeted in the combined cases.

    Prosecutors did not explain why they anticipated a considerable delay in finalizing the December 2008 case. (UPDATE: 11:46 A.M: Citing an investigation in progress, a Justice Department spokesman declined to comment.)

    Nothing so far suggests, however, that the December case has been delayed as a result of an appeal by Bowdoin in the August case. The record does not reflect an appeal. The delay appears to be procedural.

    The December complaint alleged that Edna Faye Bowdoin and George Harris used money from two ASD Bank of America accounts to open an account at a third bank.

    The new account was funded with an opening deposit of more than $177,000 — more than $157,000 of which was used to pay off the mortgage of the Tallahassee home George and Judy Harris shared, according to the complaint.

    Read the prosecution’s statement.

  • PARTIAL LIST: Gold Nugget Invest (GNI) Just Latest Failed Scheme Promoted By AdSurfDaily Members; One Program After Another Pushed By Promoters Has Collapsed

    EDITOR’S NOTE: This list summarizes several programs pushed by members of AdSurfDaily, a Florida company implicated in an alleged $100 million Ponzi scheme. In some cases, the programs were pushed prior to the seizure by the U.S. Secret Service in August 2008 of 15 bank accounts linked to ASD or Golden Panda Ad Builder, one of the companies implicated in the ASD scheme. Each of the programs listed below came to a dubious end or continue to exist in an unclear, shadowy form. This list is presented in no particular order and does not include every HYIP/autosurf pitched by ASD members.

    UPDATED 3:16 P.M. ET (U.S.A.)

    Gold Nugget Invest (GNI): Collapsed Friday. HYIP. Government of Belize issued warning in November. Ownership hidden behind proxy. Business model unclear. Presented as betting arbitrage, but perhaps was involved in forex. Advertised payout of 7.5 percent per week. Possibly linked to European banking investigation. Changed rules on the fly. Still collecting money after “Re-organization.” Purportedly launched in October 2006, the same month ASD was preparing for launch.

    Genius Funds/Cash Tanker/Saza Investments: Pushed by ASD member “joe” in a post on the ProASD Surf’s Up forum just prior to collapse of GNI. CashTanker, which used a graphic depicting Jesus, now has tanked after advertising payouts of 2 percent a day. “joe” pitched GNI, Genius Funds, Cash Tanker and Saza Investments in an egg-themed promotion in which the word “egg” was used in domain names that redirected to the HYIPs. “joe’s” egg-themed domain that redirected to Cash Tanker now redirects to a program called PTV Partner, an HYIP that bills itself “The Ultimate High Yield Asset for your Financial Portfolio!” “joe’s” egg-themed pitch was based on the screaming notion that “ALL MY EGGS ARE NOT IN ONE BASKET. I MAKE $2000.00 A WEEK.” A street address for the egg-themed domains corresponds to an address in a federal lawsuit involving cell-phone trafficking.

    Regenesis 2×2: Matrix in Seattle area. Records seized by U.S. Secret Service in July 2009. Operators kept under surveillance for five weeks. Multiple search warrants issued. Discarded records found in Dumpster. Sold “commission centers” for $325. Touted itself the “THE ECONOMIC STIMULUS PLAN FOR YOU.” Site appears to have been registered behind a proxy in Europe. Jeffrey William Snyder, one of the individuals kept under surveillance, was a convicted felon on probation for a previous securities scheme.

    GoldenPandaAdBuilder: So-called “Chinese” version of ASD. Assets seized in two forfeiture complaints in ASD case. Operated by Clarence Busby of Georgia. Records in now-dismissed RICO lawsuit against Busby identified him as “Rev.” at least 120 times. Busby was implicated by SEC in 1990s in three prime-bank schemes that promised enormous payouts. Purportedly became Golden Panda president after going fishing with ASD President Andy Bowdoin in April 2008. Federal judge ordered forfeiture of more than $14 million from Golden Panda in July 2009. Busby now purported “chief consultant” of BizAdSplash (BAS). Ceased payouts in July 2009, after declaring “crisis” and claiming members were overpaid. Went offline. Returned online. Went offline again for about two weeks during 2009 Holiday season. Now back online.

    BizAdSplash (BAS): (Also see GoldenPanda entry above.) BAS launched in aftermath of seizure of assets in ASD/GoldenPanda case. Assets seized in civil complaints in ASD/GoldenPanda case total about $80.52 million. Clarence Busby purported to be chief consultant of BAS. BAS touted purported offshore registration in Panama. Georgia corporation records show version of surf’s name used address of UPS Store No. 2644 in Kennesaw, Ga.

    Noobing: Pitched as alternative to ASD after seizure. Noobing targeted deaf people. Deaf member says she reported Noobing to FBI and sheriff’s department in California. There are recent suggestions that deaf members also reported Noobing to SEC. FTC and attorneys general of Minnesota, Kansas and North Carolina joined in suing Affiliate Strategies Inc. (ASI), Noobing’s parent company, in alleged scheme offering guaranteed government grants from economic stimulus funds. Illinois now has joined the FTC action. Original lawsuit filed in July 2009. Like ASD, ASI owned a jet ski. Court-appointed receiver sold it at auction. Receiver performed a preliminary exam of Noobing’s records and determined surf was upside down by approximately $550,000. Noobing gathered money in aftermath of seizure of ASD’s bank accounts. Surf slashed payouts in early 2009, citing unclear ruling in ASD case. Site offline since FTC lawsuit, which did not name Noobing.

    DailyProSurf (DPS): DPS is a largely unknown and mysterious surf site registered by ASD President Andy Bowdoin in August 2006, about two months prior to the formal birth of ASD. Records suggest DPS operated prior to registration, although its ownership was unclear. (NOTE: The story in the DPS link in this paragraph also contains information on 12DailyPro and PhoenixSurf, two surfs sued successfully by the SEC.)

    AdVentures4U (ADV4U): Surf tanked in August 2009. Reportedly had more than 60,000 members. Members identified Steve R. Smith as owner. Smith also purported owner of venture called TradingGold4Cash. In confusing note to ADV4U members, Smith purportedly said his family received threats. Used ASD-like “rebates aren’t guaranteed” excuse upon payout suspension. Urged members not to contact payment processors. Site reportedly conducted business with hotmail address.

    CEP: Judicially declared Ponzi scheme. Smashed by SEC. ASD once advertised it accepted funds through CEP Trust, the payment processor associated with the CEP Ponzi scheme.

    MegaLido: Pushed by ASD members in aftermath of seizure of ASD’s assets and positioned as a safe, “offshore” alternative, MegaLido tanked late in 2008, during the Christmas season, a few months after the ASD seizure. MegaLido purportedly had 27,000 members. MegaLido might have had a tie to Instant2U, another surf that tanked during the 2008 Holiday season. “MegaLido Rocks!” one ASD promoter blared, noting excitedly that it paid 12 percent a day and “It’s Offshore!” Instant2U advertised 14 percent a day.

    Frogress: Pitched by ASD members in aftermath of seizure. Frogress tanked in January 2009, just after the Christmas holiday in 2008.

    DailyProfitPond: Another surf pitched by ASD members in aftermath of seizure. DailyProfitPond tanked in December 2008, in the days leading up to Christmas. One DailyProfitPond promoter said it was possible to start with $12 and turn it into $12,000. The “return” was listed as 150 percent over 30 days.

    AdViewGlobal (AVG or AVGA): Surf with ASD/Bowdoin ties. Formally debuted in February 2009, with a push from the now-defunct Pro-ASD Surf’s Up forum and ASD members. Tanked in June 2009 after collecting untold millions of dollars.

    Perhaps one of the most bizarre autosurfs ever to enter the “industry.” Switched to “private association” structure after reportedly meeting with felon convicted in a 1990s securities scheme. Cited U.S. Constitutional protection despite purported headquarters in Uruguay.

    AVG disclaimed any ties to ASD, despite fact its CEO was a former ASD executive who submitted a sworn affidavit in the ASD case. Issued news release disclaiming ASD ties; release was signed by an ASD employee who had testified in federal court for ASD in 2008. Said the fact AVG’s graphics appeared on ASD-controlled website was “operational coincidence.”

    Announced bank account “suspension” in March 2009, blaming it on members who wired too many transactions in excess of $9,500. Announced CEO resignation, saying CEO would remain in “accounting” department. Announced new wire facility as done deal in May 2009. Company it identified as wire facilitator issued public denial, suggesting AVG was trying to funnel money to itself through a shell company.

    Shell company operated by man with two large bankruptcy filings, including one in which an address listed as an apartment was the address of a mail drop. Purported AVG “compliance” department head was sued twice in 2008 for noncompliance with federal law. AVG claimed to own eWalletPlus payment processor. Actual eWalletPlus ownership far from clear. At least two people close to AVG money had spectacular bankruptcy filings. Andy Bowdoin, whom members later said was AVG’s silent head, was arrested for felony securities violations in the 1990s and entered guilty pleas.

    AdGateWorld (AGW): Now-defunct surf launched after ASD seizure. Later purportedly sold to interests in the “Middle East.” Claims cannot be verified. AGW linked to ASD member Jack Schrold, a Florida attorney once suspended from the Florida bar for misconduct. Schrold was sued successfully by the FTC for the actions of his credit-repair firm, and also was convicted separately of knowledge of the commission of conspiracy and wire-fraud. AGW announced its death as “End of Dream.” Blamed members in announcement: “This honest and legitimate approach using the advertising rebate model apparently did not meet the expectations of the herd mentality.”

    PaperlessAccess: Mysterious upstart surf. ASD President Andy Bowdoin appeared in a video for Paperless Access in 2009, after the ASD seizure. Video appeared online in March 2009 — during time frame in which AVG was announcing bank-account suspension and the departure of its CEO. PaperlessAccess positioned as way for ASD members to regain money seized by the government. Bowdoin did not identify the owners of Paperless Access, describing them only as a small group of people. Nor did Bowdoin mention that the government was establishing an ASD refund program.

    PremiumAdsClub (PAC): Tanked in February 2009. Members said it collected money right up to the end.

    AggeroInvestment: Had PAC ties. Advertised 60 percent a month, plus bonuses. Collected money to the bitter end.

    QBusinessSolution: Surf with purported ties to former ASD executive Juan Fernandez, who took the 5th Amendment in the ASD forfeiture case. # # #

  • Bowdoin ‘Most Interesting’ Figure In ASD Story; Prosecutors’ Court Wins Have Secured Control Over More Than 99 Percent Of Liquid Assets In Forfeiture Cases

    Andy Bowdoin

    EDITOR’S NOTE: This story is about the “Most Interesting ASD Figure” poll conducted by the PP Blog. It also includes data from court files that suggest federal prosecutors have won court battles that have secured control over more than 99 percent (99.2 percent) of the liquid assets available in the ASD/Golden Panda civil-forfeiture cases — with less than 1 percent (0.8 percent) of the remaining liquid assets still tied up in litigation.

    Here, now, the story . . .

    UPDATED 7:40 A.M. ET (U.S.A.) It is said — perhaps apocryphally — that Groucho Marx once entered a Groucho Marx look-alike contest and finished third.

    A similar fate almost befell AdSurfDaily President Andy Bowdoin, one of seven choices in our poll that asked readers to select the “Most Interesting Figure In The Alleged AdSurfDaily Ponzi Scheme Story.”

    But in the final days of the poll, Bowdoin, who had trailed early and was in second place at various times, eked out a win over eventual second-pace finisher Bob Guenther and the five other poll subjects.

    Voting was light with only 53 votes cast, and the sample was not scientifically meaningful. The results, however, at least suggest that readers interested in ASD consider Bowdoin the star of his own story — a story that began in August 2008, when the U.S. Secret Service seized tens of millions of dollars from 10 Bowdoin bank accounts.

    ASD was a Florida-based Ponzi scheme that had engaged in wire fraud, money-laundering and the sale of unregistered securities, federal prosecutors said. Just last week prosecutors scored a big win, when a federal judge issued a final order of forfeiture in the August 2008 civil forfeiture case, granting the government title to more than $65.8 million seized from Bowdoin accounts.

    In July, the judge issued an order granting the government title to more than $14 million seized from the bank accounts of Golden Panda Ad Builder, whose assets were seized as part of the ASD civil-forfeiture case. A second civil-forfeiture case — filed in December 2008 against ASD/Golden Panda-connected assets — appears to be nearly resolved. The December case involves only a fraction of the money seized in the overall case.

    To date, prosecutors have scored wins that secured more than $79.88 million — more than 99 percent of the available cash pool (liquid assets) in both cases, with less than 1 percent of the pool still in litigation. The total pool of liquid assets in both cases amounts to about $80.52 million, according to court records. A prosecution win of the fraction of 1 percent remaining to be secured is a virtual certainty. Neither the ASD side nor the Golden Panda side has secured any financial wins. Golden Panda quit trying shortly after the August 2008 case was brought.

    Here is a way to look at the pool from both cases as a fraction. Of the $80.52 million available, prosecutors have control over $79.88 million: 79.88/80.52 — or 99.2 percent. If the prosecutors gain control over more than $600,000 remaining in litigation, they will have gained control over 100 percent of the available pool.

    The current cash pool does not count illiquid assets such as real estate, a Cabana boat, automobiles, jet skis and marine equipment that must be sold before it can be converted to cash and added to the pool.

    A big wild card is whether Bowdoin, who initially submitted to the forfeiture in January 2009 under advice from paid counsel but attempted to reassert his claims in February 2009 as a pro se litigant, will appeal. U.S. District Judge Rosemary Collyer ruled in November 2009 that Bowdoin no longer has standing in the August 2008 case. Bowdoin never established standing in the December 2008 case.

    Poll Results

    Bowdoin, 75, captured 36 percent of the vote in the “Most Interesting” poll; Guenther, 62, a government critic who led the poll at times, finished second, capturing 32 percent of the vote.

    Guenther is the de facto head of the ASD Members Business Association (ASDMBA). He emerged as a harsh critic of the manner in which prosecutors have handled the case, claiming he planned to rely on “political connections” to embarrass the Justice Department.

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

    Among Guenther’s assertions were that the government ignored leads he provided and that a prosecutor did not return more than 50 emails he had sent. Guenther pleaded guilty to a count of bank fraud in the 1990s in a case in which 10 other counts were withdrawn in a plea deal. Some ASDMBA members said they would not have contributed to the organization, which gathered money with the aim of protecting members’ interests in the ASD case, had they known Guenther had a felony record.

    Some ASDMBA members have complained that Guenther did not provide transparent accounting of how the organization spent its money. Guenther said ASDMBA’s accounting was transparent, describing his critics as uninformed whiners and liberals.

    Finishing third in the poll were the “Surf’s Up Mods.” Surf’s Up was a Pro-ASD forum that suddenly went missing nine days ago, about two weeks after Bowdoin reportedly made an appeal through a third party for members to search for videos of ASD “rallies.”

    “Andy [Bowdoin] wants to know if any of you took Videos and/or Audios of ‘him’ speaking at any of the ASD Rallies,” according to a Dec. 21 post on Surf’s Up. The post cited a third-party email.

    “The government is stating that Andy said certain things during the rallies and Andy is confident that he did not, but he does not have the proof without being able to provide the video/audio footage.

    “Please share this message with your entire organization so that we can get it out to the masses yet today hopefully to see if someone has the supporting evidence for Andy,” the post urged. “If any of you DO have the video footage (or audio recording) then transfer it to DVD and and contact Catherine Parker at [email address deleted].”

    The post did not specify precisely what video evidence Bowdoin hoped to obtain from members. In the August 2008 forfeiture complaint, prosecutors entered an exhibit that included a members’ transcription of remarks Bowdoin allegedly had made at a July 2008 rally in Miami.

    In the exhibit, Bowdoin identified George and Judy Harris as ASD employees, without telling members Harris was his stepson and that Judy Harris — the wife of George — also was a member of the Bowdoin family. Bowdoin described George Harris as head of ASD’s real-estate division, and Judy Harris as a clerical employee.

    Prosecutors later said that George Harris and his mother — Edna Faye Bowdoin, Andy Bowdoin’s wife — used more than $177,000 in illegal proceeds from two ASD accounts at Bank of America and opened an account at a third bank. The account was opened on June 10, 2008, less than two weeks after an ASD “rally” had concluded in Las Vegas.

    Before June had come to an end, prosecutors said, George Harris used more than $157,000 of the opening deposit to pay off the mortgage on the Tallahassee home he shared with his wife. The transaction was completed via wire transfer, with George Harris making the request over the telephone, prosecutors said.

    George and Judy Harris and Edna Faye Bowdoin were identified in the December 2008 forfeiture complaint as beneficiaries of ASD’s illegal conduct. The AdViewGlobal (AVG) autosurf, which launched after the seizure of ASD’s assets, later identified George and Judy Harris as AVG’s owners. Prosecutors seized the Harris home in the December 2008 forfeiture complaint, and neither George nor Judy Harris filed a claim to the home.

    Some ASD members said Bowdoin was the silent head of AVG. Surf’s Up received ASD’s official endorsement on Nov. 27, 2008, eight days after a key court ruling went against ASD. AVG emerged in the days ahead as an autosurf purportedly headquartered in Uruguay, and some of the Surf’s Up Mods peeled off and started a forum to promote AVG.

    Surf’s Up, whose members reportedly sent brownies and delicious baked goods to Bowdoin after he was implicated in the alleged Ponzi scheme and declared he was “too honest” to testify after Bowdoin had taken the 5th Amendment in the forfeiture case, received 17 percent of the vote in the “Most Interesting Figure” poll.

    Finishing in fourth place, with 8 percent of the vote, were the “Conspiracy Theorists” — those ASD members who speculated that President Kennedy was assassinated because he planned to expose a banking conspiracy and that President George W. Bush planned the 9/11 terrorist attacks. Some of the “Conspiracy Theorists” also claimed that the United States passed secret legislation in the 1990s in anticipation of a visit by reptilian aliens.

    Curtis Richmond, described by Surf’s Up as a “hero,” finished with “Professor” Patrick Moriarty in a tie for fifth in the poll. Each gleaned 4 percent of the vote. Richmond is associated with the so-called “Arby’s Indians,” a tribe ruled a “complete sham” by a federal judge in a case in Utah.

    The “tribe” got its derisive name because it held a meeting in an Arby’s restaurant in 2003. Members also established a sham “Supreme Court” at the address of a doughnut shop in Vernal, Utah, and also established a sham “arbitration” service that it used to pester public officials with spectacular claims that they had defaulted on contracts.

    At least two people who used the services of the tribe’s bogus “arbitration” panel were sentenced for federal prison for tax crimes.

    One of them was Bruce Robert Travis. Among other things, Travis is the self-published author of “My Past Life As Jesus” and “The Messiah For Hire.”

    Travis, associated with tax denier Royal Lamarr Hardy, now reportedly is working on a book in which he’ll describe what it’s like to be Jesus behind bars.

    “Tribe” members, including Richmond, were ordered in 2008 to pay more than $108,000 in damages in a racketeering lawsuit brought by the public officials. Richmond later emerged as a pro-se litigant in the ASD case, cheered on by Surf’s Up. Richmond attempted to have U.S. District Judge Rosemary Collyer disqualified from the ASD case — something Bowdoin himself later tried to do.

    Moriarty, who was indicted in March 2009 for filing false tax returns, now has entered a guilty plea in the tax case. He was a co-founder of — along with members of Surf’s Up — of ASD Members International (ASDMI).

    ASDMI promised to litigate against the government for its actions in the ASD case, even if the government was behaving legally. Moriarty, cheered on by Surf’s Up, was part of a letter-writing campaign to Sen. Patrick Leahy, chairman of the Senate Judiciary Committee. The campaign was aimed at getting the Senate to investigate the ASD prosecutors.

    Finishing last in the poll was “joe,” who received no votes. “joe” purported to be a Vietnam POW and a staunch advocate for autosurf Ponzi schemes.

  • EDITORIAL: In The End, Surf’s Up Demonstrated That All Its Members Were Expendable And That Its Heart Beat Only For Bowdoin And A Limited Few

    Surf's Up wore its heart on its site: Was there complete intelletual detachment -- or was it for the love of money?
    Surf's Up wore its heart for ASD on its site: Was there complete intellectual detachment — or was it for the love of money or for another reason?

    On Nov. 27, 2008, just eight days after a federal judge ruled that Florida-based AdSurfDaily had not demonstrated it was a lawful business and not a Ponzi scheme, ASD gave its official endorsement to the Surf’s Up forum, which suddenly went missing last week after shilling for ASD President Andy Bowdoin 24/7 for more than a year.

    After the endorsement, Bowdoin, whom federal prosecutors said was at the helm of a $100 million autosurf Ponzi scheme that had moved “several million” dollars offshore, then largely ceased having direct contact with ASD members. His infrequent messages were released through Surf’s Up.

    Surf’s Up was famous for enforcing what it described as a “Poof!” penalty that caused countless posts to be deleted if readers shared unflattering opinions of Bowdoin or provided links to external sources of information to help others shape their opinions. On one hand, Surf’s Up railed against Big Brother; on the other, it served as the Thought Police.

    In the end, though, Surf’s Up proved to be expendable without notice — apparently even without notice to the members or all of the Mods. There is a chance that some of the Mods had been lying to the other Mods all along, perhaps never revealing that the forum itself would go missing one day.

    The “Poof!” penalty, in the end, applied even to Surf’s Up. The whole of it — 1,005 threads that had managed to survive — simply vanished like so many posts from individuals who dared to question Bowdoin or the ASD enterprise. Someone — and it’s unclear if that person was acting as an individual or at the behest of ASD or another entity or person — had the power of maximum “Poof!” and made the decision that the forum had outlived its usefulness.

    The root of the word usefulness is “use.” Indeed, the forum’s rank-and-file members were viewed as simpletons and used as pawns in a concerted effort to confuse and cloud the issues. After they were misinformed and used, the entire forum was discarded  — just like the ASD “ad-packs” that Bowdoin was permitted to display after the seizure of tens of millions of dollars from the firm amid Ponzi, money-laundering, wire-fraud and securities allegations.

    Bowdoin never displayed the ads. ASD simply put them on ice and shoved them in a corner. It was as though they never existed; it was as though the plan all along was to use as many members as possible for as long as possible — until they became expendable en masse, until they became something that could be poofed like a critical post about Bowdoin on Surf’s Up.

    ASD’s endorsement of Surf’s Up always had more than just a whiff of a plan. The “tell” was that  Surf’s Up embraced the endorsement, rather than repudiating it. Why would any person or entity that values intellectual honesty ever accept the endorsement of a man with a felonious history, a man surrounded by felons when he was operating the company, a man surrounded by more than just a few scofflaws, a man consumed by trouble, a man who was the target of an active criminal investigation by the top law-enforcement agencies in the United States?

    Andy Bowdoin deserved only the same business loyalty accorded Bernard Madoff, which is to say none. Madoff had no apologists. Bowdoin had them by the hundreds — in the earliest days by the thousands. The disconnect was so stunning it almost defied description.

    The clear purpose of some of the Mods and members was to shill voluntarily and unapologetically for a man implicated in a criminal investigation by the U.S. Secret Service, the IRS and the Justice Department. The frequent deletions were just another form of shilling.

    Bowdoin also was under investigation by the state of Florida. Just days before Surf’s Up accepted the endorsement, Bowdoin was sued in Florida for racketeering by three ASD members seeking class-action status. The Florida RICO case later was dismissed by the plaintiffs — only to be refiled in the District of Columbia. Bowdoin never responded to the complaint, and yet the shilling continued.

    It also is believed that the Securities and Exchange Commission and state-level securities regulators and attorneys general are at least tangentially involved in the ASD probe. Their involvement might be deeper than is commonly believed. It is known, for example, that the SEC has information on at least four ASD members who had previous run-ins with the agency.

    To say Bowdoin has trouble no matter which way he looks is to state the obvious. His legal and PR dangers are clear and present. They are obvious to all observers, including his supporters, apologists and the Mods at the Surf’s Up forum.

    This, of course, begs the question of why any person would have chosen to champion Bowdoin. To do so was just plain madness, especially given the fact that Bowdoin was arrested in Alabama in the 1990s for fleecing investors and entered guilty pleas to felonies. A business partner, Clarence Busby of Georgia, was implicated by the SEC in a prime-bank scheme in the 1990s.

    In the Busby case, the SEC said he fraudulently represented to investors that the investments in three prime-bank schemes were risk-free and that the ventures would pay returns ranging from 750 percent to 10,000 percent.

    Yes, three prime-bank schemes. Yes, 10,000 percent.

    “In total, Busby raised nearly $1 million from more than 70 investors,” the SEC said. “None of the investors earned the exorbitant returns promised by Busby.”

    The answer to the question of why any person would shill for Bowdoin under these exceptionally weighty circumstances might be simple: total intellectual detachment/dishonesty or money or the promise of money to come. After ASD endorsed Surf’s Up, some of the Mods and members peeled off and created a cheerleading site for the AdViewGlobal (AVG) autosurf.

    Some ASD members now say Bowdoin was the silent head of AVG, which launched after two forfeiture cases and a racketeering lawsuit were brought against ASD. Public records show that AVG launched after Bowdoin had met with federal prosecutors and members of law enforcement over a period of at least four days in December 2008 and January 2009 to discuss a possible plea deal in an ASD criminal prosecution.

    AVG itself listed Bowdoin family members George and Judy Harris as its owners. AVG’s onetime chief executive officer was Gary Talbert, an ASD executive who filed sworn court documents in the ASD case. The two surfs had other employees, promoters and members in common, including the Surf’s Up Mods who peeled off to start the AVG forum.

    In June 2009 — after earlier having provided a tortured explanation that bizarrely both confirmed and denied that ASD and AVG were interconnected — AVG ceased paying members. ASD, in at least one previous iteration, had done the same thing, according to members.

    Read about AVG’s denial/confirmation: It was one for the ages.

    Surf’s Up deleted post after post about the AVG autosurf, thus shielding Bowdoin family members and perhaps Bowdoin himself from criticism. Few people seem to believe there was anything that approached an arm’s length between ASD and AVG. No one has said precisely how much money AVG took in and how much members lost through a second potential entanglement with a Bowdoin enterprise — an entanglement promoted by some of the Surf’s Up Mods.

    The operative word is “some.” At least one of the Surf’s Up Mods appears not to have become entangled in AVG, but the fact remains that none of the Mods publicly divorced themselves from the ASD circus. Rarely in life is one witness to such a circus. It is almost impossible to contemplate the circus without cracking a smile, even though the ASD case is an extremely serious matter. Various efforts to defend ASD were just plain bizarre.

    An organization known as ASD Members International (ASDMI) was launched with the stated mission of litigating against the government even if it was behaving legally. There were efforts to destroy the careers of civil servants, career prosecutors and political appointees.

    Various letter-writing campaigns ensued — all aimed at neutralizing public officials charged with the responsibility to investigate and prosecute ASD. If a person brought up the subject of AVG on Surf’s Up, the post was deleted. If a person raised the prospect of forming a militia and storming Washington with guns, the post stood — unless the entire thread later got deleted because someone had the temerity to take his or her brain out for a walk and opine that maybe, just maybe, Bowdoin was a con man who happened to get caught in a very big way.

    Mixed in with claims that people who questioned Bowdoin were “rats,” “maggots” and “cockroaches” were claims that God was on his side. Accompanying these starkly mixed messages were discussions aimed at getting AARP, which advocates for senior citizens, to advocate on behalf of ASD. No one seems to have made the calculation that so many fraud schemes fleece so many senior citizens that there was not a prayer of AARP entering the case  on ASD’s side. In fact, the organization joined in an effort to strengthen Florida’s securities laws after the ASD case was brought.

    A federal judge now has signed a final forfeiture order in the ASD case. The order gives the government title to tens of millions of dollars seized from the company. Prosecutors have said all along — in news releases, in court filings and on a Justice Department website — that they intended to implement a restitution program to compensate ASD victims from seized funds.

    This apparently mattered little to some of the Surf’s Up Mods and members and brought out what perhaps was the most bizarre thing about the forum: the continued advocacy and promotion of surf programs despite what had happened to ASD, Golden Panda and LaFuente Dinero. Some of the members even had the gumption to assail the government for “slow” ASD refunds when Bowdoin himself had caused the delays.

    At the very same time they were excoriating the government, they were promoting new surf sites, including the ASD-connected AVG. Those positions were irreconcilable. Period.

    One cannot at once be both a person expecting compensation for Bowdoin’s illegal actions and a promoter of the next scheme with Bowdoin ties — unless one is willing to discard any association with intellectual honesty and simply ignore facts that are inconvenient.

    In the end, Surf’s Up poofed itself, demonstrating for the ages that those hundreds of thousands of words in the 1,005 threads that managed to survive before the forum itself went offline meant nothing.