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Tag: ASD-BIZ

  • GUEST COLUMNIST: ‘Shocked’ And ‘Scared’ To See Her Name In Friedman Lawsuit Paperwork; Says She Was Told To ‘Examine Your Finances’; Sees Move By Dallas Lawyer As ‘Intimidation Tactic’ And Says She Won’t ‘Roll Over’

    UPDATED 3:45 P.M. EDT (U.S.A.)

    Editor’s Note: This is a guest column by Roxy Lewis, a self-described member of the “AARP generation.” Lewis was a member of ASD and the ASD Members Business Association. This column is in her own words. In the column, Lewis tells her story about various email interactions concerning her attempt to get a refund for her contribution to ASDMBA.

    THE IRONY OF INFORMATION TRANSFORMED
    INTO THREATS IN THE ARONS/FRIEDMAN CASE

    By Roxy Lewis

    When I saw my name in Exhibit A of the “Notice to Take Deposition” issued by Carter Boisvert to Jack Arons in the ongoing suit by Larry Friedman, I was frankly shocked at first and then scared. After all, I am a member of the AARP generation living in Minnesota, who never posted anything defamatory, slanderous or libelous about Larry Friedman or the legal firm. Yet here, buried in the middle of Larry Friedman’s suit against Jack, I found not only myself, but the names of 8 other users of the ASD-BIZ.NING.com forum. I was concerned, felt this was purely an intimidation tactic, and had no idea where to go next.

    However, I am not one to just roll over and play dead based on legal documentation from some unknown person in a remote location. One of the ironies in this subpoena is the request for information on the 8 of us. The subpoena states they are asking for:

    “Any and all documents regarding the following members of the “ASD Business Information Zone” social network site, located at the Internet web address http://asd-biz.ning.com, including but not limited to each member’s full name, address, telephone number, all e-mail addresses, all IP addresses and any other contact information within your possession, custody, or control.”

    Why is this ironic? Because in my case, Larry Friedman already had all of that information, and had it for months. In December 2008 I had an email exchange with Bob Guenther, who referred me to Larry Friedman, regarding a refund of my ASDMBA “contribution.” His final reply is noted below:

    “Roxy. I am not avoiding any issue. There is no issue. You are not our client and never have been. Your dispute, if any, is with the organization that you purportedly joined not with me or my firm. You did not hire my firm. You are not a client of my firm. We don’t even know who you are. The only mistake I made was being nice to you in the first place, and I won’t make it again. If you take any frivolous action against me or my law firm we will defend it vigorously and pursue all of our lawful remedies against you. We know exactly how to deal with people like you in the Texas courts. Do not contact me again. -Larry Friedman”

    It’s interesting to me that Mr. Friedman moved immediately to threat mode, “we know exactly how to deal with people like you in the Texas courts.” Given that I am a private citizen, not an attorney, not financially wealthy as Mr. Friedman and his firm are, this was definitely perceived by me as a threat directed specifically at me. I decided to bide my time and do some research as things unfolded.

    In March, I read that Larry Friedman’s firm had begun authorizing refunds. Laura Tripp was named as the contact person. I contacted her, restating my December request. I received a very nice reply, with the instructions and questions they required to be answered in order to obtain a refund. I found the last one particularly interesting: “Source of information for refund request” as it could be taken as asking “how did I learn about the fact that the firm was refunding monies.”

    I submitted my request and waited. The response from “Laura” was swift and as hostile and threatening as the December exchange with Larry Friedman, saying I would not be getting a refund. However, this time there was an added twist. This time “Laura” made disparaging remarks about the others on the ASD-Biz.ning.com board, the very thing Larry Friedman accuses Jack of doing! The tone moved from the pleasant information-giving exchange of earlier emails to what I perceived as a hostile threat as well:

    Ms. Lewis,

    This firm will not refund any money that was not paid directly to Friedman & Feiger. It has no obligation to do so. The money it has refunded has been strictly voluntary. The information you received from J. D. Sullivan a/k/a Wayne Tidderington a/k/a Bob Sterling is false and misleading. The statements that you have made are unsupportable. That is why Mr. Sullivan/Tidderington/Sterling does not make them himself, use his own name or file his own complaints. Mr. Friedman and the firm have recourse and will file suit against anyone who makes false, misleading or disparaging remarks against them or files a baseless complaint — as they have already. Rendering legal advice without a license is a crime in Texas; filing false complaints is actionable. The firm takes your threats very seriously and any complaint you file will be considered spurious and will be vigorously defended. Your should investigate Mr. Sullivan/Tidderington/Sterling’s background and history very carefully before you get involved with him or do his bidding. The last person he used for similar purposes got sued in Texas, after which he abandoned them and left them to fend for themselves with the problem he created. Ask Mr. Sullivan/Tidderington/Sterling what his real name and address is, what he does for a living, how many times he has been sued for interfering in other people’s businesses, what his wife’s real name is and where she works. If he will give you all of that information truthfully (which he won’t) you will know who you are really dealing with. Then you can determine for yourself who is leading you around. And, by the way, ask Mr. Sullivan/Tidderington/Sterling what his relationship is to Andy Bowdoin and what Mr. Sullivan/Tidderington/Sterling’s motives were to divert your attention from the  real cause of your concern. If you want all of your money back start looking for it under Mr. Sullivan/Tidderington/Sterling’s rock.

    Laura Tripp
    AR Manager
    Friedman & Feiger, LLP

    Just to be sure I had been clear, I sent one last email to “Laura” :

    Dear Ms. Tripp,

    Thank you for your reply.

    Please confirm for me that you (and Attorney Friedman) understand that his solicitation of funds to be sent to ASDMBA and mailed to Bob Guenther, still means he solicited them, received them and then did no service for them.  As such, if he will not reconsider and refund my $100.00 I will have no recourse other than to immediately file a complaint with the Texas Bar Association and advise others who have asked my opinion on the matter to do the same.

    Please reply by midnight on 4/7/09 CDT.  Thank you.

    Roxy Lewis

    “Her” reply was swift and again perceived as threatening:

    Ms Lewis

    You have my response.  I would strongly recommend that you consult with an attorney in Minnesota and stop getting your legal advice off the internet from non-attorney bloggers.  As stated, any baseless complaint filed with the Texas Bar will be vigourously defended by this law firm. Also, I might recommend that you examine your finances to be sure you have the means to defend yourself against any actions that may be brought against you as a result of your actions.

    That’s the second irony in this exchange. Clearly she had NO information about my December email exchange with Larry Friedman and assumed I was “getting my legal advice off the internet from non-attorney bloggers,” the same bloggers she disparaged in the prior email, rather than realizing this was a repeat request.  Still, this threat against my finances compared to those of “this firm” felt very much like a second threat against me.

    Those of you who have been following the case from Larry Friedman against Jack Arons know that many people believe, and have posted online in multiple forums, that this is really a first amendment, freedom of speech case. Considering that fact, I began to search for information on the internet regarding first amendment rights and came upon cyberslapp.org. I’d never heard of a “cyberslapp” before, but the definition on their home page was exactly what I was looking for:

    “A new form of lawsuit called a “CyberSLAPP” suit is threatening to overturn the promise of anonymous online speech and chill the freedom of expression that is central to the online world. CyberSLAPP cases typically involve a person who has posted anonymous criticisms of a corporation or public figure on the Internet. The target of the criticism then files a frivolous lawsuit just so they can issue a subpoena to the Web site or Internet Service Provider (ISP) involved, discover the identity of their anonymous critic, and intimidate or silence them.”

    Because I was named in the subpoena, I contacted them via their “contact us” link on the home page. This put me in touch with a Mr. Paul Levy. I told him of the subpoena and my name being there, along with 8 others. He advised that Ning, being located in California, would likely not respond to a Texas subpoena at all, but he would verify this with them. Yesterday he confirmed this is indeed the position [Ning] has taken, and authorized me to share this information. You can view the posting on the ASD-Biz.ning.com forum.

    So, to all of us named in that subpoena, it appears we don’t have much to worry about. Some of the online bloggers speculated early that this would be the case. Personally I needed a greater assurance than that, and the feedback from Ning to Mr. Levy gave me that assurance.

    I am still not convinced Larry Friedman or the Texas courts and Judges have any jurisdiction over those of us in other states, including the subject of the suit, Jack Arons of Florida. I am now more convinced than ever that we all need to be diligent in guarding our first amendment rights against those who would try to intimidate, threaten and silence us, no matter where they are located.

  • Arons Blames Friedman For Mediation Failure

    Florida resident Jack Arons blamed Dallas attorney Larry Friedman for a breakdown in lawsuit-settlement negotiations, saying Friedman did not take the negotiations seriously.

    In court filings in which Friedman is seeking a new temporary restraining order against Arons that would prohibit Arons from communicating with reporters and other third parties about the case, Friedman said talks collapsed because Arons didn’t negotiate in good faith.

    A previous restraining order against Arons expired.

    Friedman’s is not telling the truth, Arons said.

    “It is more like Larry was unwilling to mediate,” Arons said in a Blog Comment here. “I had set aside 4 hours on the day of mediation to mediate and Larry who was in his car on the way to another meeting spent all of 15 minutes on the mediation.

    “He also continued to load me down with paperwork during the so called mediation. So as is the case Larry is lying again and is making it sound like I am at fault and not him,” Arons said.

    Friedman sued Arons last month in Dallas for slander and libel, in a case that sprouted from Friedman’s representation of the ASD Members Business Association (ASDMBA) Trust.

    The Trust was formed by member contributions to protect their legal interests in the AdSurfDaily Ponzi scheme case.  Some ASDMBA members have complained about the management of the Trust by Bob Guenther, its de facto head.

    Guenther, they say, has not provided transparent accounting that detailed how the Trust spent money from contributors. Friedman is the Trust’s attorney. Guenther, a convicted felon, introduced Friedman to potential contributors last year.

    Arons, who says Friedman has buried him in paperwork, including a 135-page filing yesterday, lives in a manufactured home in Florida, collects Social Security and does not have an attorney.

    Arons now is trying to amass $1,500 through a loan or donations to sue Friedman in federal court.

    Yesterday’s filing by Friedman includes an exhibit of Internet postings on this Blog and the ASD-Biz forum. It also includes content from the websites of the Dallas Morning News and WCTV-TV, a Florida television station.

    Separately, Friedman is using a subpoena to ning.com, the host of the ASD-Biz forum, in a bid to obtain information on posters at the forum. Some forum members appear to have changed their forum identities to create twists on their old names or twists on how they’ve been described by Guenther — in protest.

    Guenther is scheduled to make a court appearance in Arizona today on felony charges of repeatedly violating a court order that prohibited him from threatening an Arizona company.

  • NEWS ANALYSIS: The Problem With Guenther’s ‘Secret’ Code Word (And Other Oddities About The AdSurfDaily Case)

    Bob Guenther has told the Mods and members of the ASD-Biz forum that his previous “Bob Guenther” account had been “compromised.” He announced that he had deleted the “Bob Guenther” account and now would embed a secret code word in posts under his new forum identity, so members would know he was the actual author of posts and not a hacker using his identity to post.

    Under the new forum identity “Robert L,” Guenther said he came to the conclusion that someone had hacked his old account after “in depth investigation” revealed “[s]omeone had accessed my account, had my email and my password.”

    Meanwhile, in an unrelated but equally strange development, a poster at the Surf’s Up forum threatened to beat up ASD President Andy Bowdoin for lying to him.

    “[I]f I ever see you face to face I will knock the f— out of you,” the poster said. “I met you and had breakfast with you and you lied to my face on that Sunday in [M]iami . . .”

    Miami was the site of a July 12 ASD rally — a rally attended by federal agents working undercover.

    Bowdoin was 74 at the time federal agents seized tens of millions of dollars from the firm a few weeks after the Miami rally, in the opening days of August. The poster who threatened Bowdoin also appears to be a senior citizen. Earlier discussion in the forum suggests the man lost $52,000 by trusting Bowdoin.

    The Surf’s Up post, which stood for hours, now has been deleted. The man’s wife, who also appeared to be a senior citizen, was pictured alongside him in a loving pose. Some seniors are none too happy with Andy Bowdoin. The threat, however, was excessive.

    No good can come through violence, suggestions of violence or menacing behavior. The man, who said he lives in California, made no threat to travel to Florida to harm Bowdoin.

    The ‘Secret’ Code

    At roughly the same time Guenther was deleting his old account at the ASD-Biz forum and announcing his secret code, he also was sending an email to this Blog. We deem the email menacing and convoluted.

    Guenther is the de facto head of the ASD Members Business Association (ASDMBA) Trust, the subject of some recent posts on this Blog and elsewhere on the Web.

    All of Guenther’s old posts at the ASD-Biz forum were wiped away when he deleted his account, including threatening posts and posts that triumphantly announced a slander and libel lawsuit against Florida resident Jack Arons by Dallas-based attorney Larry Friedman, who is the attorney for the Trust.

    Bob Guenther introduced Larry Friedman during an ASDMBA conference call last year while ASDMBA was solicting funds to protect contributors’ interests in the ASD case. Friedman now blames Arons for stirring the pot online and encouraging people to file complaints about his handling of the Trust’s affairs, claiming Arons is a felon and a menace.

    Links to the slander and libel lawsuit were posted in the ASD-Biz forum under the “Bob Guenther” identity, which now is wiped away. Also wiped away were goonish threats from “Bob Guenther” that Friedman would sue other people.

    Here are two questions an investigator might ask if considering recent developments concerning Guenther:

    • Who could derive a benefit from the claim the “Bob Guenther” identity at the ASD-Biz Forum was compromised by a hacker?
    • Who could derive a benefit by deleting the “Bob Guenther” account and thus deleting the posts associated with it?

    Friedman immediately should fire the Trust as a client and disassociate himself from Bob Guenther. He also should report this matter to law enforcement. These acts are disturbing and too unnatural to ignore.

    Some people said they saved copies of the old posts, anticipating that the account might go missing. Some ASDMBA members said they filed complaints with the Texas Bar and the office of Texas Attorney General Greg Abbott about the manner in which the Trust’s affairs have been handled.

    Secret code? Guenther could post something inflammatory, not include the secret code — and then claim someone else is the author because the post didn’t include the secret code.

    A secret code is proof of nothing. The notion itself strains credulity at a level that cannot be ignored.

    Along those lines, a claim by Guenther that he was at a volleyball tournament in Dallas “about the time” an unauthorized poster was using his old forum account and claiming to be heading to Mexico also is proof of nothing. A poster in Dallas could claim to be posting from Mexico. So could a poster from Arizona, at a location near the border with Mexico. (As noted in a previous post, in January we captured an Arizona IP address of Guenther’s near the Mexico border.)

    Guenther explained that he hadn’t been to Mexico since 2003 and that “[a]nyone that actually knows me, also knows why.” Again, however, the claim proves nothing . Even a person who claims not to have been in Mexico since 2003 could claim to be posting from Mexico — or anywhere.

    Restraint is not a word we associate with Guenther.  His lack of restraint is what is driving one of the stories associated with the federal probe into the business affairs of AdSurfDaily Inc. (ASD).

    Within hours of establishing a new posting identity at the ASD-Biz forum, Guenther was back to threatening people with lawsuits.

    Guenther is the de facto head of the ASD Members Business Association (ASDMBA) Trust. As noted above, ASDMBA was formed with member contributions in the aftermath of the government seizure last summer of tens of millions of dollars from ASD. Federal prosecutors say ASD was selling unregistered securities, operating a Ponzi scheme and engaging in wire fraud and money-laundering.

    ASDMBA’s stated goal was to protect the legal interests of ASD members who contributed to the association. People concerned want to know why that hasn’t happened, despite the fact ASDMBA raised more than the $100,000 said to be needed to pay for the retainer of Larry Friedman.

    In our view, Guenther has a duty to explain precisely to ASDMBA members from whom money was collected how the money was spent. If he chooses not to do so, he should have no expectation that ASDMBA members will stop asking questions.

    Something this basic should not be difficult or painful. In fact, publishing a detailed accounting is the quickest way for Guenther to disarm his critics. Concerned ASDMBA members want sunlight, the best disinfectant. What they’re getting is rudeness, hostility, profanity, tirades, threats and juvenile insults — and now secret codes.

    What they’re not getting is sunlight.

    Friedman should drop the slander and libel lawsuit against  Jack Arons. The filing of the lawsuit was repugnant, especially under these bizarre conditions.

    Arons, on Social Security, is an amateur Web critic with a fly swatter. Friedman met Arons with a Howitzer, suing him in a blitz of paperwork and then trying to force Arons to appear in Dallas for a deposition at Arons’ expense with three days’ notice.

    It was disgraceful, the stuff from which lawyer jokes are born. All of it flowed from ASDMBA’s lack of transparency. If anything, Arons owes Friedman an apology — if even that.

    Friedman has considerable stature in the Dallas legal community — and every right to defend his reputation. This lawsuit doesn’t help. Nor does the behavior of the Trust and its de facto head, Bob Guenther.

    Guenther needs people to believe in him now, and he’s doing very little to give them any reason to.

  • Jacks Arons Purportedly Sued By Larry Friedman

    UPDATED 12:40 P.M. EST (U.S.A.) A person posting as “Bob Guenther” at the ASD-Biz forum reports Jack Arons, a mainstay in the AdSurfDaily case and a driving force behind an effort to get the ASD Members Business Association (ASDMBA) to provide a verifiable accounting of association spending, has been sued by Larry Friedman for slander and libel.

    Arons also was accused of defamation, business disparagement and tortious interference. Arons said he had not yet been served. The case was filed in Texas, Friedman’s home. Arons lives in Florida.

    The claim was made under a headline titled “Jack Arons Sued, Served and Shut Up, Finally . . .” The purported author was Bob Guenther, known for a lack of decorum.

    Some ASDMBA members have been encouraging others to file complaints against Friedman with the Texas Bar for his handling of ASDMBA’s affairs. Others have suggested that complaints should be filed with the office of Texas Attorney General Greg Abbott.

    Friedman is an attorney for ASDMBA, which is not associated with AdSurfDaily Inc. ASDMBA was formed in August in the aftermath of the seizure of tens of millions of dollars from ASD amid allegations of wire fraud, money-laundering, selling unregistered securities and running a $100 million Ponzi scheme.

    Some ASDMBA members have demanded Bob Guenther provide a straightforward accounting of how the association spends its money. Members said they believed Friedman would file a lawsuit to protect their interests, but no lawsuit has been filed to date.

    Guenther has served as a spokesman for ASDMBA, sometimes catching the ire of ASDMBA members for what they describe as his use of menacing or threatening language and refusal to provide a detailed accounting of how ASDMBA spends its money.

    “Anyone involved with his illegal activities or false accusations may suffer the same consequences,” the poster claiming to be Guenther said. Arons was referred to as “Rookie” in a separate post.

    The lawsuit described Arons as a felon and a vigilante and a menace who has damaged Friedman’s reputation.

    Why ASDMBA has not produced the type of accounting that would ease members’ concerns is unclear. Also unclear is why litigation ASDMBA members said they were expecting hasn’t been filed. The dispute has been raging for weeks.

    ASDMBA has been collecting money for months. At least one member who contributed funds went on to file his own motion in the ASD case — a motion not related to ASDMBA, but one that used the Curtis Richmond litigation blueprint. Richmond is associated with a sham Utah “Indian” tribe known for filing vexatious litigation.

    Months after ASDMBA began collecting money — and while it still was collecting money — a prominent Washington, D.C., law firm brought a class-action lawsuit against AdSurfDaily, accusing it of racketeering. Three ASD members were named the original plaintiffs.

    ASDMBA members who’d been wondering since August when the association litigation would be filed once again complained about being left on the sidelines. They cite confusion over how ASDMBA money is being spent and the association’s litigation plan.

    In what some ASDMBA members described as a bid to chill speech and undermine their efforts to have authorities investigate Friedman and ASDMBA, the lawsuit seeks a temporary restraining order. Among other things, the complaint seeks to restrain parties from “filing false complaints with state agencies against F&F [Friedman & Feiger] and encouraging or duping ASDMBA investors to file false complaints to state agencies or other entities.”

    A judge purportedly has granted the restraining order.

    It is illegal to file false complaints, and people can be charged criminally and sued civilly for doing so. It’s hard to imagine any jurisdiction that discourages or bans the filing of truthful complaints.