Tag: Andy Bowdoin

  • Garner Says D.C. Court Has No Jurisdiction Over Him In RICO Case; Claims Bowdoin Solely Responsible For AdSurfDaily

    Filing as a pro se litigant even though he is an attorney, Robert Garner argued in court filings today that he should be dismissed as a RICO defendant in a complaint brought by members of AdSurfDaily because U.S. District Court for the District of Columbia has no jurisdiction over him.

    In the motion, Garner argued that he has no ties to Washington, D.C., saying his only visit to the district in recent memory was to attend a dinner that had nothing to do with the ASD case. Garner disclosed no other details about the dinner, including a date or time.

    Garner also argued that ASD President Andy Bowdoin is uniquely responsible for the company and that Garner ceased being a director of AdSurfDaily in May 2008, about three months prior to the seizure of ASD’s assets.

    As part of his argument, Garner produced a document showing that Bowdoin had registered ASD as a Nevada “foreign corporation” in Florida on May 23, 2008. Bowdoin’s entire Florida filing is in longhand, signed by Bowdoin and listing Bowdoin as registered agent for ASD, secretary, chairman, president and the sole director of the company.

    Bowdoin used the address of 13 S. Calhoun Street, Quincy, Fla. — an address federal prosecutors said was bogus — eight times in the Florida filing. The filing itself may explain in part why the plaintiffs in the RICO case have been unable to perfect service of the complaint on Bowdoin: Bowdoin listed himself as registered agent at an address that doesn’t exist.

    Meanwhile, ASD’s corporate registration in Nevada is marked “default,” and ASD does not appear to have filed a new slate of officers or the identity of a registered agent who could accept process.

    Bowdoin is the sole RICO defendant not to have responded to the complaint, which was filed Jan. 15 and amended in April. Although he has appeared in a video for a firm known as PaperlessAccess, filed multiple pro se pleadings in the ASD forfeiture case brought by the government and promised in March to hold a conference call to update ASD members on developments, Bowdoin has not held the conference call and never has explained why he has not answered the RICO complaint.

    The RICO plaintiffs, all of whom are ASD members, accuse Bowdoin, Garner and Golden Panda Ad Builder President Clarence Busby of engaging in racketeering with unnamed co-conspirators.

  • BREAKING NEWS: Feds Post Bowdoin Home, Publish Forfeiture Notice; Pressure Mounts On Alleged Ponzi Operator

    The government has published an official notice that it intends to seek the forfeiture of 8 Gilcrease Lane, Quincy, Fla. — the home AdSurfDaily President Andy Bowdoin last was known to be living in.

    U.S. Secret Service agents completed a “post & walk” of the home last month, and the government now has advertised the pending forfeiture, according to documents.

    Forfeiture.gov, the official government website for forfeitures, listed the property on Wednesday. It is unclear if Bowdoin was living in the home at the time. The Secret Service posting included a “Notice of Complaint” and a copy of the complaint against the property, according to court filings this week. The home was targeted for forfeiture in August. Prosecutors said it was part of the proceeds of a criminal enterprise.

    Mystery Deepens As Pressure Mounts

    Bowdoin has not responded to a racketeering lawsuit filed against him in January by three ASD members who seek class-action certification. The plaintiffs in the RICO case have said in court filings that they have been unable to perfect service of the complaint. Bowdoin’s former paid attorneys said in April court filings that his last known address was 8 Gilcrease Lane.

    Why Bowdoin has not responded to the RICO complaint remains unclear.

    The Gilcrease Lane home is in the name of Bowdoin/Harris Enterprises, which prosecutors said was a entity set up to permit Bowdoin and his wife, Edna Faye Bowdoin, to hide assets.

    Prosecutors said George Harris, Edna Faye Bowdoin’s son and Andy Bowdoin’s stepson, helped his mother set up a bank account in the name of Bowdoin/Harris Enterprises last summer.

    More than $177,000 in funds derived from ASD was deposited in the account on June 10, 2008. On June 23, 2008, Harris used more than $157,000 of the deposit to pay off the Tallahassee home he shared with his wife, Judy Harris, prosecutors said.

    ASD Ties To AdViewGlobal

    Harris is listed as a trustee for AdViewGlobal (AVG), a surf firm with close ties to ASD. The government filed a forfeiture complaint against the Harris home in December. Bowdoin never told members about the December complaint. In January, he submitted to the forfeiture of tens of millions of dollars seized in August, but again didn’t tell members.

    In late February — at the same time Bowdoin resurfaced after more than two months of silence and began to file pro se pleadings in the August case without consulting with his paid attorneys — AVG introduced members to Pro Advocate Group, a company that says it can help people practice law without a license.

    Bowdoin said in court filings that he changed his mind about submitting to the forfeiture. In March, he advised members through the Pro-ASD Surf’s Up forum that he had fired his attorneys and had changed his mind about giving up the money after consulting with a “group” to which he’d been introduced by ASD members.

    Prosecutors countered by saying Bowdoin had signed a proffer letter in the case and had acknowledged to law enforcement that ASD had been operating illegally. The government did not disclose the contents of the letter or the date upon which Bowdoin had signed it.

    Proffer letters sometimes mean the one who proffers seeks to minimize exposure while providing information helpful in the prosecution of others.

    AVG’s prelaunch was under way on Dec. 19, the date prosecutors filed the second forfeiture complaint against assets tied to ASD. The assets included the Harris home, a building in Quincy for which Bowdoin had paid $800,000 cash, three automobiles (including one registered to Harris and his wife), an assortment of marine equipment and personal computers.

    The December forfeiture complaint does not reference AVG, but a large section of the complaint details how Bowdoin allegedly started one autosurf site (ASD) and ported members owed money when the surf failed to a new site (ASD Cash Generator) — without telling new members their money was being used to pay off members of the original site.

    One of the early promoters’ suggestions about AVG was that ASD accounts could be ported to AVG. If this occurred, in whole or in part, it would have reflected the process ASD used when morphing into ASD Cash Generator.

    Although AVG expressly denied any affiliation with Bowdoin and ASD in a disclaimer published on its website, the company later announced in articles of association that Harris was a trustee. A previous announcement identified Gary Talbert as its chief executive officer. Talbert is a former ASD executive. AVG also listed Nate Boyd, whom ASD members described as a former ASD employee, as “protector” of the AVG association, which also is known as AVGA.

    Meanwhile, the company issued a news release identifying Chuck Osmin, a former ASD employee who had testified on behalf of ASD last fall, as an AVG employee. Some Mods and members of Surf’s Up started a forum for AVG.

    On March 20, AVG issued an announcement that Talbert had resigned as chief executive officer. On March 23, AVG announced that its bank account had been suspended. On May 4, AVG announced it had a deal that would enable members to pay for “advertising” via international wire transfer. Three days later, on May 7, one of the companies AVG had cited as being a participant in the transfers denied it had any business relationship with AVG and said it believed it had been targeted in a scam.

  • BREAKING NEWS: Clerk Records Golden Panda ‘Default’

    On Monday, prosecutors filed papers to begin the process of finalizing the default of more than $14 million seized from Bank of America accounts controlled by Golden Panda Ad Builder President Clarence Busby and his daughter, Dawn Stowers.

    A court clerk today entered a default notice for a total sum of $14,045,598.07.  The notice clears the way for the government to take final control of the money.

    Golden Panda had five Bank of America accounts, including one that contained precisely $6 million. The company operated in launch phase for only eight days, although Golden Panda also operated in “prelaunch” phase, recording nearly 20,000 members in weeks.

    Here is a list of the Golden Panda accounts and the default amounts:

    (1) $2,282,999.72 seized from account #[deleted by this Blog] at Bank of America, in the
    name of Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Deposit Account;
    (2) $1,112,978.42 seized from account #[deleted by this Blog] at Bank of America, in the name of Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Operating Account;
    (3) $1,642,039.08 seized from account #[deleted by this Blog] at Bank of America, in the name of Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Cashout Account;
    (4) $6,000,000.00 seized from account #[deleted by this Blog] at Bank of America, in the name of Golden Panda Ad Builder;
    (5) $3,007,580.85 seized from account #[deleted by this Blog] at Bank of America, in the name of Golden Panda Ad Builder.

    In court filings, Clarence Busby said Golden Panda was born in April 2008, on a Georgia fishing lake, after discussion with AdSurfDaily President Andy Bowdoin.

    “As a social courtesy to Bowdoin, I asked a pastor friend of mine, Rev. Charles Green, if he might bring his boat and join me in inviting Bowdoin on a relaxing fishing trip,” Busby told U.S. District Judge Rosemary Collyer. “I imagined that operating ASD involved a lot of stress, and I had heard Bowdoin liked to fish. I also wanted a respite from work. The invitation was extended and Bowdoin agreed to join us.”

    “On April 11, 2008, we fished at a lake in Brunswick, Georgia for a day. On that Day Bowdoin surprised me by recommending that I start a Chinese version of ASD,” Busby said.  “Bowdoin suggested that I organize the business without him. He said, ‘I can’t handle the business I already have,’ stating that I should be the one to create, own, and operate this Chinese version of ASD.”

    In his court filings, Busby said he didn’t know Bowdoin “had prior run ins with the law” and had been arrested in Alabama for defrauding investors.

    Busby did not say if he told his fishing partner about his own run-ins with the law: The Securities and Exchange Commission said Busby defrauded investors in the 1990s.

    “[T]he Commission alleged that Busby violated the antifraud provisions of the securities laws by offering and selling investment contracts in connection with three different prime bank schemes,” the SEC said.

    “Using misrepresentations and omissions in each of the three schemes, Busby raised money for purported trading programs in ‘prime bank’ notes by fraudulently representing to investors that the investments were risk-free and that the ventures would pay returns ranging from 750% to 10,000%. In total, Busby raised nearly $1 million from more than 70 investors. None of the investors earned the exorbitant returns promised by Busby,” the SEC said.

    Busby settled the case with the SEC in May 1998 by agreeing not to break securities laws. Ten years later, he once again found himself a central figure in a securities scheme, right next to Bowdoin.

  • AdSurfDaily Downline Group Known As ‘Oneteam’ Repeatedly Used Names Of Government Agencies, Bank Of America In Advertisements For Embattled Andy Bowdoin ‘Surf’ Firm

    An AdSurfDaily downline group known as “oneteam” used the names of U.S. government agencies, a Congressionally chartered insurance entity for depositors and Bank of America in what appears to have been a brazen bid to disarm doubting prospects continuously in advertisements for at least 18 months.

    The ads appeared online beginning in February 2007.

    Among other things, the ads advised prospects that ASD provided “shelter” from the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC). The FTC, among its many duties, polices false advertising; the SEC regulates the securities industry, prosecuting illegal activities such as securities fraud, the sale of unregistered securities and Ponzi schemes in a securities environment — all of which are activities associated with the so-called autosurf “industry.”

    Autosurfs typically call themselves “advertising” companies in a bid to avoid regulatory scrutiny and short-circuit prosecutions. “oneteam’s” ads began to appear one year to the month after the SEC filed fraud charges against 12DailyPro in February 2006, in a widely publicized case that effectively smashed a $50 million Ponzi scheme. ASD was struggling to recruit members when the “oneteam” ads debuted.

    “oneteam’s” ads also repeatedly mentioned the Federal Deposit Insurance Corp. (FDIC), an independent agency created by Congress during the height of the Great Depression in 1933 to maintain stability and public confidence in the U.S. financial system. One version referenced the FDIC in prominent type in a headline box and included another FDIC reference below, placing Bank of America’s name right next to the FDIC claim.

    The web library archive.org archived the ads at a specific “oneteam” URL between February 2007 and October 2007, a period of eight months. The ads, however, appear to have continued for at least 10 months beyond that, according to a screen shot taken Aug. 26, 2008, as part of this Blog’s research into ASD.

    ‘Damned Determined To Be Rich’

    Meanwhile, a second URL associated with “oneteam” styled the group as “Teamed For Integrity,” noting that members were known as the “Damned Determined To Be Rich Bunch.”

    The URL “oneteam” created for its ASD ads was active for a minimum of 25 days after the government began the process of seizing tens of millions of dollars from ASD on Aug. 1, 2008, amid allegations of wire fraud, money-laundering and securities fraud in a Ponzi environment. The “oneteam” ad appeared at the URL at least through Aug. 26, 2008. It went missing on a date uncertain after Aug. 26.

    The URL — http://oneteam.homestead.com/asdall.html — now resolves to the main page at homestead.com, a hosting service. Previously it behaved as a subdomain, with the URL resolving to the ASD ads.

    An archive.org archive from Feb. 9, 2007 (see note below about an earlier archive from a different URL), strongly suggests that “oneteam” was trying to plant the seed that ASD was like no other surf program because member deposits were “insured” by the FDIC. Bank of America’s name appeared directly next to the FDIC claim, the third claim on a numbered list.

    Here is a screen shot of “oneteam’s” Bank of America claim, with our notes included in red outlines:

    Screen shot on 'oneteam' making claim that ASD deposits were insured by the FDIC, that the company provided 'shelter' from the FTC and the SEC -- and highlighting a tie to Bank of America next to the FDIC claim.
    Screen shot of 'oneteam' making claim that ASD deposits were insured by the FDIC, that the company provided 'shelter' from the FTC and the SEC — and highlighting a tie to Bank of America next to one of the FDIC insurance claims.

    To see the archive.org archives of “oneteam” ads, visit archive.org and type in this URL:

    http://oneteam.homestead.com/asdall.html

    To see the archive.org archive of the “Teamed For Integrity” page, visit archive.org and type in this URL:

    http://oneteam.homestead.com/index.html

    NOTE ABOUT EARLIER ARCHIVE: To see the archive.org archive for yet another URL “oneteam” used to promote ASD, visit archive.org and type in this URL:

    http://oneteam.homestead.com/asd.html

    The URL that ends with “asd.html” first was recorded by archive.org on Feb. 3, 2007, and lists several captures beyond that. In these versions of the ad, “oneteam” touted ASD “longevity.” The Feb. 3, 2007, version of the ad said ASD was “predicted to go mainstream by 2/23/07!” — making an additional claim that ASD had a “NEW Un-Breakable Business Model.” The “oneteam” group later changed the predicted date ASD would go “mainstream” from Feb. 23, 2007, to May 1, 2007. The earliest archived version of this URL (Feb. 3, 2007) also featured the FDIC claim in a prominent headline box, and placed Bank of America’s name next to the FDIC claim lower in the ad.

    FDIC Claim Removed From Headline

    The Feb. 9, 2007, ad at “asdall.html” appears to have been pulled quickly — perhaps appearing online for a minimum of one day and a maximum of eight before being edited and restructured. By Feb. 17, Bank of America’s name had been deleted from the numbered list — although the FTC, SEC and FDIC claims remained — and Bank of America’s name continued to appear elsewhere in the ad.

    “oneteam” also restructured the ad in other places. The Feb. 9 version, for instance, made the brazen FDIC insurance claim in 14-point Arial type in a headline box near the top of the page. The FDIC claim in the headline box did not appear on Feb. 17, 2007, the date archive.org recorded its next visit to the site.

    Later versions of the ad also dropped the FDIC claim from the headline, while maintaining the claim lower in the ad and not mentioning Bank of America in the context of FDIC insurance. The final archive entry is dated Oct. 5, 2007.

    “oneteam’s” pitch was supplemented in forum posts that also used Bank of America’s name. Here is a claim from Feb. 25, 2007, that cites the “oneteam” URL, Bank of America’s name and a sign-up link for ASD.

    At one time, the first external link on the “oneteam” page at “asdall.html” resolved to this URL: http://www.adsurfdailytraining.com

    ASD President Andy Bowdoin is listed as the adsurfdailytraining.com domain owner. The domain was registered on Oct. 12, 2006. It listed an address — 13. S. Calhoun Street, Quincy, Fla. — federal prosecutors later said was fraudulent. Heardy Myers of Marietta, Ga., is listed as the technical contact for the domain. The URL now resolves to a parked GoDaddy.com page.

    Virtually every claim made in the “oneteam” ad is dubious or demonstrably false, including the apparently toned-down version that deleted Bank of America’s name from the numbered slot next to the FDIC claim. Some of the claims — the references to the SEC, FTC and FDIC, for instance — can be described aptly as utterly preposterous.

    Although the Bank of America reference in the numbered list next to the FDIC claim was deleted, subsequent versions of the ad continued to reference the bank lower in the copy, using these words:

    “*USA – Direct Deposits can be made through Bank of America*.”

    The asterisks led to a prompt to “*Please get back to the person who invited you to this page for their Web Site Link*.” A confusing claim also was made that Dallas Cowboys’ owner Jerry Jones had provided a testimonial, apparently for a non-Bank of America debit card somehow connected to ASD.

    Even as Bowdoin — whom prosecutors described as a “convicted fraudster” — was suspending pay-outs and blaming problems on a script that purportedly overpaid members and drained ASD’s resources in early 2007, “oneteam” positioned ASD as “well-capitalized” with “top management.”

    “oneteam” also repeatedly heralded (for months) an imminent ASD name change and, at one point, asserted that ASD had been marketing itself  “all wrong.”

    Some of the claims border on the bizarre, because they are so obviously untrue. The references to “shelter” can be construed as a bid to make ASD appear to be legal or a safe option — unlike 12DailyPro, which was smashed by the SEC in February 2006, one year prior to the appearance of “oneteam’s” ASD ads.

    Meanwhile, the FDIC claims can be construed as a bid to fool customers into believing that money they invested in ASD was insured against investor losses, meaning there was no way to lose money with ASD.

    Here is a screen shot taken by this Blog Aug. 26, 2008, of a “oneteam” ASD ad that appeared live at the “asdall.html” URL:

    Screen shot of second version of 'oneteam' claim that eliminates the FDIC insurance claim in the headline (while preserving it lower in the copy) and drops Bank of America's name from the ad.
    Screen shot of a second version of 'oneteam' claim. This ad eliminated the FDIC insurance claim in the headline (while preserving it lower in the copy) and dropped Bank of America's name from the slot next to the FDIC claim. Bank of America's name, however, appeared elsewhere in the ad (not pictured).
  • Oddities Abound In ASD Case, ‘Surf World

    Oddity One: As first reported here yesterday, Andy Bowdoin had the exact same amount on deposit in three separate Bank of America accounts: $1,000,338.91.

    Such an oddity seems impossible, if not deliberate. Could the $338.91 tacked on the end of all three sums be interest on individual deposits of exactly $1 million each all made on the same day — not long before the Aug. 5 formal seizure?

    If so, why would ASD need three accounts containing precisely $1 million each opened on the same day?

    Oddity Two: Back in January, this Blog made a video of AdViewGlobal graphics appearing in a webroom operated by ASD and then disappearing. Yesterday the YouTube system emailed us about a comment left at the video site by a person who identified himself as “AVGACompliance” and “Juan.”

    Here is the comment left by “AVGACompliance” and “Juan”  (italics added):

    Please remove this video ASAP as you are using unauthorized material and this is part of our terms & service. If you don’t remove this information your account will be terminated.
    Thanks
    Juan

    We did a quick search of videos about the AdViewGlobal autosurf, and found that the exact same comment signed by “AVGACompliance” and “Juan” had been left elsewhere at YouTube. We also noticed that AVG now appears to have its own officially endorsed video.

    Assuming “AVGACompliance” and “Juan” have a real tie to AVG and that their aim is to make sure only the officially endorsed video gets shown on YouTube under the threat of an account termination at AVG, we have to wonder if “AVGACompliance” and “Juan” actually even watched our video.

    We don’t have an account at AVG for Compliance to terminate. The title of our video is, “Ad Surf Daily Ponzi Scheme Tie To Ad View Global.”

    So much about AVG is hard to explain. At one time, the surf said it had no ties to ASD, after prelaunch promoters for weeks did their best to tie together the two firms, even suggesting that ASD credits could be transferred to AVG.

    See this January picture story.

    AVG and ASD have common ties, common management and common promoters. Just last week AVG said it had a deal that would enable customers to wire money offshore to pay for “advertising.” Trouble was, a company AVG said was involved in the transfers said it had no business relationship with AVG, said the surf’s claims were false and added that it was conducting an investigation because it believed it had been targeted in a scam.

  • BREAKING NEWS: Government Seeks Golden Panda Default

    As anticipated, the government has filed papers to finalize the forfeiture of more than $14 million seized from Bank of America accounts controlled by Golden Panda Ad Builder President Clarence Busby and his daughter, Dawn Stowers.

    Busby surrendered claims to the funds in September. Earlier today the government set the official total of funds seized from Golden Panda at $14,045,598.07.

    Golden Panda’s largest account contained exactly $6 million, prosecutors said. Another account contained more than $3.007 million. A third account contained more than $2.282 million. A fourth account contained more than $1.642 million. Golden Panda’s smallest account contained more than $1.112 million.

    Unofficially, Golden Panda operated only eight days.

    Other than to formalize official amounts seized from AdSurfDaily in the same case, the government has not sought an entry of default and litigation continues. Prosecutors seek more than $65.8 million seized from ASD President Andy Bowdoin.

    Prosecutors, however, included a footnote in this afternoon’s Golden Panda filing that said it intended to oppose any attempts for nonparties to intervene in the ASD case.

    “Some former participants of the ASD operation have sought to challenge the government’s forfeiture case against ASD funds,” prosecutors said. “These would-be interveners maintain that some of ASD’s funds belong to members who were exercising ‘a constitutional right to contract with ASD’ for the wealth ASD promised to them — regardless of the source of the payments.”

    Bowdoin has conceded that ASD was operating illegally at the time of the forfeiture. Prosecutors said last month he signed a proffer letter in the case.

    Golden Panda Seizure Numbers

    Prosecutors certified these Golden Panda seizure amounts:

    (1) $2,282,999.72 seized from account #[deleted by this Blog] at Bank of America, in the
    name of Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Deposit Account;
    (2) $1,112,978.42 seized from account #[deleted by this Blog] at Bank of America, in the name of Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Operating Account;
    (3) $1,642,039.08 seized from account #[deleted by this Blog] at Bank of America, in the name of Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Cashout Account;
    (4) $6,000,000.00 seized from account #[deleted by this Blog] at Bank of America, in the name of Golden Panda Ad Builder;
    (5) $3,007,580.85 seized from account #[deleted by this Blog] at Bank of America, in the name of Golden Panda Ad Builder.

  • BREAKING NEWS: Government Seized $65.8 Million From Bowdoin Accounts, $14 Million From Busby Accounts

    UPDATED 5:13 P.M. EDT (U.S.A.) Federal prosecutors have filed papers that formalize the official total of deposits seized from Bank of America accounts held by AdSurfDaily President Andy Bowdoin and Golden Panda President Clarence Busby.

    The amounts appear to be significantly higher than believed initially and take into account “credits, and net of offsets that occurred,” prosecutors said.  The amount cited in the August forfeiture complaint was approximately $53 million.

    After reconciliation, the actual amount seized totaled more than $79.88 million. Prosecutors said the money was being held in a U.S. Customs Suspense account.

    It was not immediately clear if the total takes into account cashier’s checks seized as part of the investigation into allegations of wire fraud, money-laundering, engaging in the sale of unregistered securities and operating a Ponzi scheme.

    After the Department of Justice announced the figure of approximately $53 million last year, the U.S. Secret Service announced that it ultimately found more than $93.5 million, which led to speculation that the cashier’s checks had totaled approximately $40 million.

    Bowdoin’s 10 accounts — all of which were in his name as a sole proprietor doing business as AdSurfDaily — contained $65,838,999.70 in total, prosecutors said. The largest Bowdoin account contained more than $31.6 million. Another Bowdoin account contained more than $23.7 million. A third Bowdoin account contained more than $4.99 million. (An additional $107 would have made it an even $5 million.)

    Three Bowdoin accounts contained the exact same amount: $1,000,338.91. Three other accounts contained smaller amounts, and one additional account contained more than $1.088 million.

    Bowdoin’s smallest account contained $13,286, prosecutors said.

    Busby’s five Golden Panda accounts — some of which also included the name of his daughter, Dawn Stowers — contained $14,045,598.07 in total, prosecutors said. The largest account contained exactly $6 million. Another Busby account contained more than $3.007 million. A third Busby account contained more than $2.282 million. A fourth Busby account contained more than $1.642 million. Busby’s smallest account contained more than $1.112 million.

    Seizure Totals

    Here are the seizure totals listed by prosecutors today:

    Andy Bowdoin

    (a) $1,088,246.48 from account #[deleted by this Blog] at Bank of America, in the name of
    Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (b) $31,674,039.13 from account #[deleted by this Blog] at Bank of America, in the name of
    Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (c) $937,470.18 from account #[deleted by this Blog] at Bank of America, in the name of
    Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (d) $13,286.89 from account #[deleted by this Blog] at Bank of America, in the name of
    Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (e) $403,791.04 from account #[deleted by this Blog] at Bank of America, in the name of
    Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (f) $4,999,893.00 from account #[deleted by this Blog] at Bank of America, in the name of
    Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (g) $23,721,256.25 from account #[deleted by this Blog] at Bank of America, in the name of
    Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (h) $1,000,338.91 from account #[deleted by this Blog] at Bank of America, in the name
    of Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (i) $1,000,338.91 from account #[deleted by this Blog] at Bank of America, in the name
    of Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;
    (j) $1,000,338.91 from account #[deleted by this Blog] at Bank of America, in the name
    of Thomas A. Bowdoin, Jr., Sole Proprietor, DBA ADSURFDAILY;

    Clarence Busby/Golden Panda

    (k) $2,282,999.72 from account #[deleted by this Blog] at Bank of America, in the name of
    Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Deposit
    Account;
    (l) $1,112,978.42 from account #[deleted by this Blog] at Bank of America, in the name of
    Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Operating
    Account;
    (m) $1,642,039.08 from account #[deleted by this Blog] at Bank of America, in the name of
    Clarence Busby Jr. and Dawn Stowers, DBA Golden Panda Ad Builder Cashout
    Account;
    (n) $6,000,000.00 from account #[deleted by this Blog] at Bank of America, in the name
    of Golden Panda Ad Builder; and
    (o) $3,007,580.85 from account #[deleted by this Blog] at Bank of America, in the name
    of Golden Panda Ad Builder.

  • Bowdoin Still A No-Show In RICO Lawsuit; Attorneys For Both Sides Gear Up For What Could Be An Interminable Slog

    AdSurfDaily President Andy Bowdoin still hasn’t responded to a Jan. 15 racketeering lawsuit filed against him by three ASD members seeking class-action certification.

    Meanwhile, Bank of America, a non-RICO defendant accused in the complaint of aiding Bowdoin and others in a fraudulent scheme, has added two additional attorneys who specialize in complex financial litigation to its legal team.

    At the same time, Steven Berk, an attorney for the plaintiffs, has notified U.S. District Court for the District of Columbia that he has left the law firm of Chavez & Gertler and has started his own firm, Berk Law LLC of Washington, D.C.

    Berk filed papers yesterday to ask the court to delay the due date until May 26 for the plaintiffs’ response to a motion to dismiss Golden Panda Ad Builder President Clarence Busby as a defendant in the case. The response had been due May 11, but Busby’s attorneys have agreed to a 15-day delay.

    Like Bowdoin and ASD attorney Robert Garner, Busby was named a RICO defendant, amid allegations he engaged in racketeering with Bowdoin, Garner and unnamed others. Bowdoin is the sole named RICO defendant who hasn’t responded to the complaint.

    Although he is an attorney, Garner filed a pro se pleading asking to have until May 22 to respond to the complaint. It is unclear if he intends to continue to represent himself or if he’ll retain counsel.

    Busby, through his attorneys, said he should be dismissed from the RICO case because he already has settled a separate case filed by the government in August 2008.

    Why Bowdoin hasn’t responded to the RICO complaint, which was filed in January and amended April 27, is unclear. He filed at least four pro se motions in the government forfeiture case in February and March and authored a special statement to ASD members released through the pro-ASD Surf’s Up forum that said other filings he planned “should really get” the attention of prosecutors.

    Prosecutors, however, said Bowdoin had signed a proffer letter in the case and had acknowledged to law enforcement that ASD had been operating illegally. Proffer letters sometimes mean that the one who proffers is trying to minimize exposure while providing information that may help in the prosecution of others.

    Bowdoin’s pro se litany began at the same time the AdViewGlobal (AVG) autosurf introduced members to Pro Advocate Group, a company that says it can help people practice law without a license. Pro Advocate Group is associated with Karl Dahlstrom, who was sentenced to 78 months in federal prison in the 1990s for securities fraud.

    Securities fraud is one of the allegations cited in the government’s August forfeiture complaint against assets tied to ASD and Golden Panda. Both Bowdoin and Busby have had previous run-ins with securities regulators. In separate cases in the 1990s, Bowdoin was almost jailed in Alabama, and Busby was ordered in Georgia not to break securities laws after the SEC alleged he had pushed three fraudulent prime-bank schemes.

    AVG has family and promoters’ ties to ASD. Bowdoin’s stepson, George Harris, is listed as an AVG trustee. The government filed a second forfeiture complaint against assets tied to ASD in December, implicating Harris and his mother — Edna Faye Bowdoin, Andy Bowdoin’s wife — in the ASD scheme.

    Also in March, Andy Bowdoin appeared in a video for an upstart surf firm known as PaperlessAccess, which he positioned as a company that could help ASD members earn back funds seized by the government in August.

    Bowdoin’s PaperlessAccess video went missing after only a few days, and Surf’s Up reported he had been misled by the company. While all this was happening, AVG  announced the sudden resignation of Gary Talbert, its chief executive officer and a former ASD executive.

    Talbert’s March 20 resignation was followed three days later by an AVG announcement that its bank account had been suspended. Earlier this week, AVG announced that it had struck a deal that would enable customers to wire money for advertising purchases to an offshore bank, but a company AVG identified as the beneficiary of the funds — KINGZ Capital Management Corp. — issued a denial that it had any business relationship with AVG.

    Michael P. Krywenky, president and chief executive officer of KINGZ, said the company was “very shocked” and “appalled” by the claims, noting that attorneys for KINGZ were monitoring the situation.

    Krywenky said KINGZ believed a scam of some sort was under way at AVG.

    AVG yesterday ignored Krywenky’s denial, instead issuing a statement that advised members it was looking at other wire “options” and expected to announce “additional funding solutions within the next 2 weeks.”

    Late last month, the plaintiffs in the RICO case alleged that ASD had hired the “majority” of the staff of Bank of America’s branch in Quincy, Fla., as ASD employees, paying the Bank of America employees more than other ASD employees doing the same work.

    One of the plaintiffs’ arguments was that Bank of America knew its employees also were working for ASD and should have detected that the company was up to no good.

    Bowdoin promised ASD members in March that he would have a conference call to update members. The call never occurred, and Bowdoin has not explained why he has not responded to the RICO complaint.

  • SPECIAL REPORT: The Largely Unknown Bowdoin ‘Surf’

    Andy Bowdoin
    Andy Bowdoin

    “But they that will be rich fall into temptation and a snare, and into many foolish and hurtful lusts, which drown men in destruction and perdition. For the love of money is the root of all evil.”From 1 Timothy 6:9-10

    He was hailed a Christian “genius,” and AdSurfDaily President Andy Bowdoin often invoked God during his sales pitches.

    “We need to have an attitude of gratitude with God,” Bowdoin told an ASD gathering in Las Vegas last year. “And I always say, ‘Thank you, God, for developing me into a money magnet.’ And I see myself as a money magnet in attracting money and, I say, attracting large sums of money.”

    Many of his admirers portrayed him as the forward-thinking inventor of a miraculous business system for “good Christian people.” To prosecutors who had seen it all before, however, he was neither a genius nor an inventor.

    Bowdoin, they said, was nothing more than a felonious imitator who had modeled his business on at least one multimillion-dollar Ponzi scheme that had traded on dreams before regulators reduced it to ruins.

    AdSurfDaily almost wasn’t called AdSurfDaily. “Initially,” prosecutors said, “Mr. Bowdoin had intended to operate” under a different name.

    It is little known, but on Aug. 24, 2006,  Andy Bowdoin registered that name with the state of Florida. It used two of the three words that comprised the title of the infamous 12DailyPro autosurf Ponzi scheme — and, as it turned out, one of two words that comprised the title of the infamous PhoenixSurf autosurf Ponzi scheme.

    The highly imitative name Bowdoin selected for his venture was “DailyProSurf,” according to records in Florida.

    In a widely publicized case, 12DailyPro had been accused just six months earlier by the Securities and Exchange Commission of operating a $50 million Ponzi scheme from Charlotte, N.C. The allegations against 12DailyPro were brought on Feb. 20, 2006.

    Two days later — on Feb. 22, 2006 — PhoenixSurf launched from the Atlanta suburb of Marietta, Ga. The surf collected more than $41.9 million before flaming out three months later, in May 2006. In 2007, it became the subject of yet another SEC Ponzi scheme investigation.

    During its brief run, PhoenixSurf averaged nearly $14 million a month in revenue. Like 12DailyPro, PhoenixSurf purported to be an “advertising” service and was charged with the sale of unregistered securities as investment contracts.

    SEC Introduces World To The Autosurf Ponzi . . .

    The SEC’s prosecution of 12DailyPro in 2006 made headlines. The context of the case was alarming,  and the numbers were jaw-dropping. A woman operating out of an apartment in North Carolina had managed to disguise a securities business as an advertising service, collecting more than $50 million on the Internet in only eight months’ time while allegedly siphoning $1.9 million into her own bank account and paying old customers with money received from new members.

    The SEC announced the 12DailyPro prosecution on Feb. 27, 2006, issuing a news release on the SEC website and providing a copy of the complaint. Perhaps like no Internet fraud case before it, the 12DailyPro case demonstrated it was possible for hucksters to deploy technology to collect staggering sums quickly and convert all or part of the proceeds to their own use.

    12DailyPro and PhoenixSurf took in a combined amount of at least $91.9 million in only months of operation, prosecutors said. Bowdoin’s ASD, at its peak, collected tens of millions of dollars weekly. Federal agents conducted a raid in August 2008 and found at least $93.5 million. After a slow start, ASD had surpassed both 12DailyPro and PhoenixSurf as a cash machine.

    What new ASD members by the thousands didn’t know, prosecutors said, was that they were paying for abuses Bowdoin had built into the system and for liabilities he had accrued when at least one previous iteration of the surf had gone bust.

    To explain slow or absent ASD payouts during the many dark days before ASD took off, Bowdoin at one point told some members that $1 million had been stolen from ASD by “Russian” hackers, but he never filed a police report, prosecutors said.

    Naturally the claim led to questions about whether hackers actually had stolen the money — or whether it had been stolen by somebody else.

    Bowdoin deliberately set up his program so ASD insiders effectively could steal from the company and pass along the cost of the thefts to the latest crop of recruits, prosecutors said in December.

    DailyProSurf Domain Appears Online During Height Of 12DailyPro Craze, Then Vanishes Mysteriously

    It is unclear if Bowdoin ever registered a website in the name of DailyProSurf, operated a forerunner to ASD under that name or benefited from from an operation that used the DailyProSurf name.

    What is clear is that someone registered .com and .net sites in the DailyProSurf name — and that DailyProSurf references continue to appear alongside references to 12DailyPro in search results even to this day. It also is clear that DailyProSurf graphics were ordered and delivered by a company that catered to surf sites — including autosurf script sales — and autosurf promoters pushed traffic to the sites in early 2006, during the height of the 12DailyPro craze and while PhoenixSurf was just getting off the ground.

    The presence of DailySurfPro raises an intriguing question: Did ASD have a predecessor site?

    The DailyProSurf domain name was operational — and affiliates were pushing the site — at least eights months before Bowdoin registered the DailyProSurf name with the Florida Department of State.

    Bowdoin registered the DailyProSurf name in Florida in August 2006. But references to DailyProSurf.com from as early as January 2006 appear online. References later in 2006 include a report about members not getting paid and a theory the surf was a “scam” that had ceased operations and gone offline. One web service captured a screen shot of a “suspension” notice from the hosting company for DailyProSurf.com. Both the .com and .net domain names now appear to be available for repurchase.

    It also is known that both DailyProSurf and ASD used the same format to create affiliate links — the domain name, followed by a slash and then followed by code in this format: ?ref=[affiliate ID number]

    In early 2006, the affiliate ID numbers for DailyProSurf were low numbers such as 30 and 75, which means the program was just getting started, likely using the same script that powered other autosurf sites. (Type dailyprosurf.com/?ref= into Google to see some of the search results. You’ll also see 12DailyPro affiliate links using the same format in the search results.)

    Within a month of Bowdoin’s October 2006 launch of AdSurfDaily –  just two months after Bowdoin had registered the DailyProSurf name in Florida — members complained about not getting paid by ASD. ASD provided a number of excuses, according to members, telling participants that script problems were at fault.

    By February 2007, ASD was coming apart at the seams. Bowdoin announced the formation of a new corporation that would be known as “AdSalesDaily” — as opposed to “AdSurfDaily” — and he offered “stock” in the company to buyers willing to pay the minimum price of $10,000, according to participants.

    A similar pitch had almost landed Bowdoin in prison in Alabama in the 1990s; investigators attributed 89 separate instances of fraud to Bowdoin, including an assertion that he had used money from new investors to pay off older ones, the central element of a Ponzi scheme.

    Feeling the heat from early ASD members in February and March 2007, Bowdoin sought to keep them at bay. Bowdoin ventured from Florida to Atlanta to speak with unnamed “leaders” and work on solutions, he told members.

    The solution he ultimately arrived at, prosecutors said, was to relaunch the surf under the name of ASD Cash Generator, port old accounts to the new surf — and not tell new members that they were paying for liabilities racked up by the original ASD.

    The Beginning Of The End

    During the months of February and March 2007 — a full year before ASD began to rake in the kind of money 12DailyPro and PhoenixSurf had raked in — Bowdoin made a catastrophic mistake that ultimately would come back to haunt him and lead to ASD’s undoing: He started donating money to the National Republican Congressional Committee (NRCC), even as ASD members were complaining about not getting paid.

    In 2008, a false story pushed by ASD members that Bowdoin had received a special award from the White House for a lifetime of business achievement began to circulate online, prosecutors said. What members pushing the story did not know — because Bowdoin did not tell them — was that the award was for NRCC campaign contributions, not business achievement, and that there was a paper trail to prove it.

    It is a virtual certainty that Bowdoin’s NRCC contributions came from the proceeds of a Ponzi scheme.

    Because of his political donations and business filings, Bowdoin’s name and address appeared in both federal and state databases accessible to any person with an Internet connection.

    The paper trail led to the campaign donations — and it also led to what prosecutors called a fraudulent address: 13 S. Calhoun St., Quincy, Fla. It was the address Bowdoin had used for AdSurfDaily, AdSalesDaily and DailyProSurf in public filings. Crucially, however, it was not the actual address of the former flower shop owned by Bowdoin’s wife that went on to become Bowdoin’s headquarters for various businesses, including ASD.

    Older filings in the Florida Department of State database listed the address of the building as 11 S. Calhoun, but newer filings in the Florida database and the Federal Election Commission database listed the address as 13 S. Calhoun.

    ASD also used the 13 S. Calhoun address on its website.

    “[T]he address listed on ASD’s webpage is not a valid mailing address,” prosecutors said. “The address 13 S. Calhoun Street, Quincy, Florida does not exist. A building located at 11 S. Calhoun Street is a now defunct flower shop that used to be run by Bowdoin’s wife. It appears that Bowdoin or one of his associates merely posted the number 13 on another door attached to the same building.

    “ASD has been receiving mail there.” (Emphasis added).

    Bowdoin, a man who registered a hybrid surf that borrowed from the names of two infamous Ponzi schemes that had raked in nearly $100 million practically overnight, found himself in a trap of his own making because of the allegations he had fabricated a mailing address.

    ASD told members it was impossible to operate because the government seized its money and its computers, but prosecutors returned the computers at ASD’s request and did not object to a hearing the company requested to have some of its money unfrozen. ASD lost the hearing because it could not demonstrate it was operating legally. Its clear route out of the Ponzi thicket was to produce an audited balance sheet that demonstrated solvency. ASD did not do so.

    Why did ASD not restart after its computers were returned if it truly was an “advertising” business? One of the reasons is that it knew its audience would flee unless it was getting paid to surf, prosecutors said.

    But there could be another reason that is equally revealing.

    Because Bowdoin allegedly had used a bogus address to set up ASD, had publicized the address on the ASD website and had received mail at the address, any further business activity from the former flower shop involving mail could be construed as additional evidence of mail fraud.

    If prosecutors are correct that 13 S. Calhoun was a bogus address, count after count of mail fraud could have piled up had Bowdoin reopened ASD and continued to use the address. Changing the address could have been construed as an acknowledgment that mail fraud had occurred earlier.

    Although ASD owned another building in Quincy outright after having paid $800,000 cash for it, prosecutors said the building had been acquired with the proceeds of a crime. Moving wasn’t a good option because it could not undo the damage that had been done by using the 13 S. Calhoun mailing address.

    Federal Election Commission (FEC) records show that Bowdoin, using the name “AdSalesDaily” and the address of 13. S. Calhoun, made the first of his political donations on Feb. 27, 2007, even as ASD members were clamoring for their cash. His first donation was for $250. He matched it in March 2007, with another $250 donation. In 2008, using the name “AdSurfDaily” and the address of 13 S. Calhoun, Bowdoin donated $5,000 to the NRCC.

    Missing Dreams Now, ‘See Those Checks’ Then

    As was the case with 12DailyPro, many ASD dreams have gone missing.

    Although the DailyProSurf domain name also went missing, the public filing Bowdoin made in Florida using the 13 S. Calhoun address did not. And neither did records pertaining to his campaign donations in the names of “AdSalesDaily” and “AdSurfDaily,” both of which also used the 13 S. Calhoun address.

    Andy Bowdoin, indeed, demonstrated a remarkable capacity to attract money.

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

    And he exhorted members to picture themselves wealthy.

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

  • BREAKING NEWS: ASD’s New Attorney Seeks To Withdraw Bowdoin’s Pro Se Motion To Rescind His Decision To Submit To Forfeiture And File Anew: Will Case Slow To A Crawl?

    On Feb. 27, ASD President Andy Bowdoin — acting as his own attorney — filed a motion to rescind a decision he made in January to submit to the forfeiture of tens of millions of dollars and real estate seized by the government in a wire fraud, money-laundering and Ponzi scheme investigation.

    Federal prosecutors, on April 24, filed a memorandum asking U.S. District Judge Judge Rosemary Collyer to deny Bowdoin’s motion to rescind the forfeiture. Prosecutors argued that the law wasn’t on Bowdoin’s side, and advised the court that Bowdoin had acknowledged the government’s material allegations all were true and that Bowdoin had signed a proffer letter.

    Bowdoin, according to prosecutors, had:

    • “confirmed to law enforcement officials that he modeled his enterprise on another’s failed fraud scheme”
    • “acknowledged that there was almost no revenue independent from what he secured from the ‘members’”
    • “confirmed that the revenue figures of the enterprise were managed to make it appear to prospective members that the enterprise called Ad Surf Daily was a consistently profitable, and brilliant, passive income opportunity”

    Charles A. Murray, whom Bowdoin retained as paid counsel in April after Bowdoin earlier had filed one pro se motion after another, now has asked Collyer to let Bowdoin withdraw his self-filed motion to rescind his decision to submit to the forfeiture “without prejudice.”

    Murray advised the court that, as Bowdoin and ASD’s new paid corporate counsel, he intended to “resubmit this Motion to Rescind on or before May 15, 2009″  — only with a lawyer’s touch, not the amateur legal prose of a pro se litigant.

    “Good cause exists for permitting Mr. Bowdoin et al, Claimants’ to withdraw the pro se
    pleading and refile it upon consultation with counsel,” Murray argued.

    “Unrepresented at the time Mr. Bowdoin, et al, Claimants’ filed the original motion, Mr.
    Bowdoin et al, Claimants’ were not aware of the legal standards applicable to the motion and, so, did not present all facts germane to decision.”

    In a March 13 letter to ASD members published at the Pro-ASD Surf’s Up forum, Bowdoin chided prosecutors by saying his pro se filings “should really get their attention.

    “Watch for the filings,” Bowdoin instructed. “I will be speaking out on a conference call as soon as the filings are completed. We will notify you of the call. I look forward to talking to you then.”

    Bowdoin, however, never filed another pro se motion (the last one was filed March 9, four days before Bowdoin had turned to Surf’s Up to reinvigorate support and taunt prosecutors).

    And Bowdoin never conducted the promised conference call.

    Even before news of Bowdoin’s pro se filings broke on March 4, Surf’s Up had been hinting something special might be coming. Bowdoin’s pro se move coincided with an announcement by the AdViewGlobal (AVG) autosurf, which has close ties to ASD, that it was moving underground and forming a private association.

    AVG introduced members to a company known as Pro Advocate Group, which says it can help people practice law without a license. Bowdoin’s three initial pro se filings were signed and dated  by him Feb. 25, one day before AVG introduced Pro Advocate Group.  Bowdoin’s filings did not become a matter of public record until March 4.

    Best-laid plans?

    It is possible that an order from Collyer that Bowdoin didn’t anticipate short-circuited his pro se litigation plan. On March 26, the judge ordered Bowdoin’s previous paid counsel to inform Bowdoin that corporate entities that had filed claims in the ASD case — AdSurfDaily Inc. and Bowdoin/Harris Enterprise Inc. — could not proceed pro se. Collyer also ordered the lawyers to request permission to withdraw from the case if that was their intent.

    Akerman Senterfitt, Bowdoin’s previous paid counsel, complied with the judge’s order and was granted leave to withdraw from the case.

    Probe Still Under Way

    The ASD case continues to be an active investigation. It is possible that investigators viewed Bowdoin’s March 13 Surf’s Up letter and that prosecutors made a veiled reference to it in their April 24 memorandum to Collyer asking her not to permit Bowdoin to change his mind about submitting to the forfeiture.

    “Mr. Bowdoin says that after discussing this case with his supporters, and concluding that
    they were smarter than his attorneys, he has changed his mind,” prosecutors said.

    Are they referring to these words in Bowdoin’s Surf’s Up letter?

    “About a month ago, several members introduced me to a group that studied what my attorneys did,” Bowdoin said in the letter. “The group 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.”

    Nowhere in any of Bowdoin’s four self-filed pleadings does he discuss his rationale for becoming a pro se litigant after conferring with supporters. His only public statements on the matter have been made on Surf’s Up.

    A New Clash?

    Murray’s filing on Bowdoin’s behalf potentially sets up a new clash with prosecutors, who now have yet another document to address. At the same time, pro se motions filed by other litigants in the case have appeared on the record in recent days, and may require additional responses from prosecutors.

    If Murray persuades Collyer to grant Murray’s motion to withdraw Bowdoin’s rescission motion and Murray files a new motion to rescind, it would mean that:

    • Bowdoin had submitted to the forfeiture on the advice of previous paid counsel.
    • Changed his mind more than a month later as a pro se litigant and tried to undo his forfeiture decision with a self-filed rescission motion.
    • Changed his mind again about his rescission motion under the advice of new paid counsel.
    • Withdrew his motion to rescind his forfeiture decision, only to have it reinstated on his behalf by a professional attorney.

    On Jan. 13, Bowdoin asked the court to permit him to submit to the forfeiture. Collyer granted Bowdoin’s request Jan. 22, a hurdle that began to open a door for prosecutors to begin the slow process of liquidating ASD assets to provide refunds to customers.

    Now, approaching four months later — and with pro se pleadings dominating the docket — prosecutors have not been able even to begin the liquidation process or implement a refund program.

  • PRICELESS: AdViewGlobal Announces Wire Deal With Offshore Bank On Day White House And Treasury Department Announce Plan To Crackdown On Offshore Tax Havens

    obamaUPDATED 12:43 P.M. EDT (May 7, U.S.A.) As often is the case in the tin-eared autosurf world, the timing was impeccable: On the day the Obama administration announced a crackdown on U.S. corporations and citizens who use offshore tax havens to hide income, autosurf company AdViewGlobal (AVG) announced it had a deal with an offshore bank to accept member deposits for the purchase of “advertising.”

    U.S. regulators say autosurf companies sell securities but call themselves “advertising” companies to avoid scrutiny by agencies such as the SEC. In recent months, autosurfs have been highlighting purported “offshore” locations, and some promoters say the surfs can hide members’ income from the IRS and “shelter” them from the SEC, the FTC and state attorneys general.

    “I’m asking Congress to pass some commonsense measures,” Obama said at 11:37 a.m. (EDT) yesterday.  “One of these measures would let the IRS know how much income Americans are generating in overseas accounts by requiring overseas banks to provide 1099s for their American clients, just like Americans have to do for their bank accounts here in this country. If financial institutions won’t cooperate with us, we will assume that they are sheltering money in tax havens, and act accordingly.”

    At 5:54 p.m. yesterday, a member of an AVG forum operated by some of the Mods and members of the Pro-AdSurfDaily Surf’s Up forum announced that AVG members now could wire money from the United States to The Bank of N. T. Butterfield and Son Ltd.

    Butterfield has locations in Bermuda, the Bahamas, Barbados and the Cayman Islands, among other places.

    Obama specifically referenced the Cayman Islands in his remarks announcing the crackdown.

    “On the campaign, I used to talk about the outrage of a building in the Cayman Islands that had over 12,000 businesses — businesses claim this building as their headquarters,” Obama said.  “And I’ve said before, either this is the largest building in the world or the largest tax scam in the world.”

    Under a headline titled “BREAKING NEWS Fund your Advertising,” AVG members were told this (italics added):

    “AV GLOBAL ASSOCIATION is pleased to announce

    “Beginning Tuesday May 5, you will be able to purchase more advertising.

    “There will be a form that you can access to arrange for your purchase.

    “Specific information will be required in order to process your payment.

    “You will need to provide your Name; A Number; email address used for your AVGA Account; phone number; and address.

    “Wire transfers: These instruments usually clear within two business days. Although there are fees charged by your bank and our bank also assesses fees (usually our bank will charge $15) your account is credited immediately upon receipt and your advertising program begins immediately. Your purchase will be adjusted by the fees.

    Review:

    All funds must be accompanied by the correct identifying information:

    * Name

    * AVGA id number

    * email address

    *mailing address

    *and phone number

    Without this information your money will be returned to you through the originating bank.

    Remember: The form will appear on the Website by Tuesday before midnight. If there is a change, you will be notified.

    Please print the form and complete it so that your bank [h]as all of the pertinent information.

    Transfer information:

    The Bank of N. T. Butterfield and Son, LTD.

    Via

    J. P. Morgan Chase Bank

    Bldg. F. Floor 8

    4 Chase Metrotech Center

    New York, NY,

    USA, 11245

    Swift # [Deleted by this Blog]

    Account # [Deleted by this Blog]

    Beneficiary: KINGZ Capital Management Corporation

    Account # [Deleted by this Blog]

    Reference: YOUR NAME & YOUR I.D.# & YOUR EMAIL ADDRESS

    UPDATE:  KINGZ Capital Management Corp. has issued a strong denial of AVG’s claims. Michael P. Krywenky, president and chief executive officer of KINGZ, said on May 7 that the firm had no business tie to AVG and had launched an investigation into the claims.

    “KINGZ Capital Management Corporation nor any of its affiliates have any relationship with AdViewGlobal,” Krywenky said. “Also, I have already confirmed with our bank in Barbados that we are NOT accepting any funds from anyone at, or any clients of, AdViewGlobal.”

    See this post.

    AVG has close ties to AdSurfDaily (ASD), whose assets were seized in August after a joint investigation by the U.S. Secret Service and the IRS was opened in July. Federal prosecutors said ASD was engaging in wire fraud and  money-laundering while selling unregistered securities and operating a Ponzi scheme from Florida.

    Prosecutors alleged that ASD President Andy Bowdoin, who was arrested on felony securities charges in Alabama in the 1990s and pleaded guilty, claimed falsely that he had received a special award last year for business acumen from President Bush.

    Now AVG appears to be courting trouble from the new occupant of the White House — after the Secret Service specifically refuted Bowdoin’s Bush claims.

    George Harris, an AVG trustee, is the stepson of ASD’s Bowdoin. A Tallahassee home and a car owned by Harris and his wife were seized in December, after prosecutors filed a second forfeiture complaint against assets tied to ASD. The complaint alleged massive internal fraud at ASD, citing a litany of personal purchases made with corporate funds and a claim that $1 million had been stolen from the firm by “Russian” hackers.

    No police report was filed.

    AVG purports to be headquartered in Uruguay. Its servers resolve to Panama. Gary Talbert, AVG’s chief executive officer and a former ASD executive, resigned suddenly on March 20

    On March 23, AVG announced that its bank account had been suspended, blaming the suspension on members who sent too many wire transactions in excess of $9,500. No AVG executive or employee signed the suspension announcement. It was signed “The AVG Management Team.”

    Problems with an Arizona-based, money-service business known as eWalletPlus followed. Servers for eWalletPlus now resolve to Panama, and the company claims now to be headquartered in Uruguay.

    AVG, which had been promoting a 200-percent, matching bonus offer — an offer that caused one promoter to exclaim that $5,000 turned into $15,000 “instantly!” — said it was working to rectify its banking problem.

    Its solution was announced yesterday: Wiring money to an offshore bank.

    Promoters made AVG’s purported offshore location a big selling point since its inception a few months after the seizure of ASD’s assets.