Tag: CEP

In 2006 and 2007, AdSurfDaily Inc. used the services of Virtual Money Inc., a debit-card provider accused last year of laundering money for a major narco business in Medellin, Colombia.

ASD also has been linked to the CEP Ponzi scheme, the PhoenixSurf Ponzi scheme (which also used Virtual Money debit cards), the 12DailyPro Ponzi scheme and e-Gold, which was indicted and convicted of money-laundering.

ASD President Andy Bowdoin also has been linked to a little-known (and now gone) enterprise known as DailyProSurf, which preceded ASD and used two of the three words that comprised the title of the infamous 12DailyPro Ponzi scheme — and, as it turned out, one of two words that comprised the title of the infamous PhoenixSurf Ponzi scheme.

Earlier this year Bowdoin appeared in a video pitch for a purported surf known as PaperlessAccess. It was a way for ASD members to get their money back, he explained. The Pro-ASD Surf’s Up forum later explained that PaperlessAccess has misrepresented itself to Bowdoin. Some people observed that PaperlessAccess appeared to be using the same surf script ASD used — and the same database.

Bowdoin’s public support largely has evaporated. Although he continues to have apologists willing to twist facts and conflate new realities to explain away every bit of bad news — including people who cling to a fantasy that ASD can demonstrate it was not a Ponzi scheme — his remaining loyalists long ago lost the PR battle. “Evil government” never was much of an argument, mostly because people generally support the police. Bowdoin himself exposed the fallaciousness when he acknowledged ASD was operating illegally.

The court already has rejected one argument advanced by an ASD expert witness, ruling that attorney Gerald Nehra had “demonstrated the fallibilities of the professional expert witness, who was defensive on his client’s behalf rather than neutral in his expertise.”

Among the problems with Nehra’s testimony at an evidentiary hearing last fall, the judge said, was that it contradicted the testimony of other ASD witnesses and “relied solely on the written words contained in the Terms of Service without independent investigation or review of ASD’s business records to ascertain how ASD operates in fact before opining.”

Keith B. Laggos, another expert ASD reportedly has on its side, had problems with the SEC for publishing “laudatory” press releases and a “laudatory article” about a company without disclosing he was being compensated by the company.

“[T]he final judgment entered against Laggos provides for disgorgement of $11,989.87, plus prejudgment interest in the amount of $1,996.77, for a total of $13,986.64; the imposition of a civil penalty of $19,500; and a five-year penny stock bar,” the SEC said in 2005.

Moreover, some ASD promoters have been linked to any number of failed schemes, including MegaLido, Noobing and Regenesis 2×2, which now is under investigation by the U.S. Secret Service in Washington state. One of the purported Regenesis principals was released from federal prison only in January, after serving time in a previous fraud scheme.

Larry Cook, the receiver in a fraud case against Noobing’s parent company, Affiliate Strategies Inc., said in court filings Thursday that the company and affiliated companies were broke.

In the early stages, it has been hard to get a fix on finances because “several thousand intercompany transfers” occurred, Cook said, adding that “for at least all of 2009, Defendants operated only by signing up new victims faster than the old victims could obtain refunds.”

Some ASD promoters, of course, also pitched BizAdSplash (BAS) — even though “chief consultant” Clarence Busby operated Golden Panda Ad Builder, whose assets ($14 million) were seized in the ASD probe. BAS currently is paying no one. Neither is AdGateWorld (AGW), another surf pitched by ASD members. ASD’s name once appeared in the AGW Terms of Service.

If that were not enough, members now say that ASD President Andy Bowdoin was the silent head of AdViewGlobal (AVG), which suspended cashouts June 25, closed its forum, announced it was keeping all money sent in by members under a “rebates aren’t guaranteed” clause and conducting an audit of itself.

AVG recently announced it had reported the theft of $2.7 million to state and federal authorities. The announcement was made one day after ASD announced in court filings that it was negotiating with federal prosecutors.

Bowdoin, who also has been named a defendant in a racketeering lawsuit but has not responded to the complaint, even acknowledged in his own court filings that ASD was operating illegally, claiming the government had an extraordinary duty to inform him that what he was doing was breaking the law.

AVG launched despite ASD’s unresolved legal nightmare, which leads to questions about whether Bowdoin also believed the government had an extraordinary duty to tell him that AVG was illegal.

The ASD case is strange by any standard one chooses to apply, including the incongruous standards of the autosurf world. At various times it has featured court filings by Curtis Richmond, a man associated with a group that declared itself a sovereign Indian tribe and organized its own Supreme Court, using the address of a Utah doughnut shop. The group derisively became known as the “Arby’s Indians” because it once held a meeting at an Arby’s in Provo.

Richmond and co-defendants in a Utah civil case were found by a federal judge last year to have engaged in racketeering in a scheme to destroy the credit of public officials involved in litigation against the tribe, which the judge ruled a “complete sham.”

Even jailed racketeer and former U.S. Rep. James Traficant became a side note in the ASD case, after some ASD members circulated this PDF in sympathy of his views on what they view as a banking and Federal Reserve conspiracy.

“Redeemable currency must promise to pay a dollar equivalent in gold or silver money,” Traficant was quoted as saying in 1993, before he was jailed.  “Federal Reserve Notes (FRNs) make no such promises, and are not ‘money.’”

ASD-related litigation is not the only trouble that has dogged Bowdoin since the filing of the federal forfeiture case last August.  In December 2008 — in an unrelated case in Gadsden County, Fla. — a process server attempted unsuccessfully to serve Bowdoin with a lawsuit for an unpaid bill, and reported back to the court that “the address appears vacant.”

Bowdoin’s last known address was 8 Gilcrease Lane in Quincy, according to April court filings by his former attorneys. Bowdoin fired his attorneys and proceeded as a pro se litigant, but later was ordered to hire a new attorney.

Meanwhile, there has been virtually no public activity since early January in the case against Bowdoin filed last year by Florida Attorney General Bill McCollum, whom some ASD members said should be charged with Deceptive Trade Practices for suggesting ASD was illegal. The Florida case has been reassigned to different judges twice this year.

Bowdoin claimed last year that Ponzi allegations brought by McCollum had been dropped, which triggered ASD members to race to forums to share the good news and caused McCollum’s office to issue a statement denying that Ponzi allegations even had been brought in Florida. The Florida prosecution was brought as a pyramid scheme.

While it was awaiting a court ruling in October pertaining to the Ponzi allegations in federal court and the allegations that ASD had virtually no revenue other than fees paid by new members,  ASD suddenly announced it expected to receive a $200 million infusion from Praebius Communications, a penny-stock firm that publishes no financials.

Members were skeptical and said they’d try to confirm the story through Praebius, and ASD quickly removed the announcement from its Breaking News website — but not until other members once again had raced to forums to share good news that turned out to be disappointing news.

In the federal forfeiture case filed in August, Bowdoin ceded tens of millions of dollars to the federal government in mid-January, but signed a court document Feb. 25 saying he’d changed his mind and planned to continue to litigate as his own attorney.

Bowdoin signed the document one day after reports surfaced that the U.S. Secret Service had seized other bank accounts in the ASD case. On Feb. 26, one day after Bowdoin signed the first of his pro se pleadings, AVG announced it had consulted with Pro Advocate Group and was switching to an “association” structure.

Pro Advocate Group is associated with Karl Dahlstrom, who was convicted of securities fraud in the 1990s and sentenced to 78 months in federal prison. The “association” structure that emerged cited the U.S. Constitution as the document from which it derived its authority, but AVG said it was headquartered in Uruguay and its servers resolved to Panama.

AVG used U.S.-based Google services for communications, even though it had its own server. The likely reason for that was to preserve an ability to communicate in case the company’s servers were shut down.

ASD’s servers were shut down for spam and abuse last year. At least one domain associated with AVG — http://advglobal.com — has been shut down this year. A note in the domain data suggested the server was suspended for spam and abuse.

Beyond that, there is confusion over precisely who owns eWalletPlus, the online payment processor associated with AVG. Bowdoin was said to have paid $75,000 for eWalletPlus in November — the same month a federal judge ruled ASD had not demonstrated it was a legal business and not a Ponzi scheme — but at least three other companies or individuals have claimed to own the firm.

The situation is both a maze and amazing. A company known as Vana Blue Inc. that trades as a penny stock now has specifically disclaimed ownership of Karveck International — yet another name associated with AVG — and yet Vana Blue once boasted that it had acquired Karveck International, after earlier boasting it had acquired a company known as Karveck Corp.

Vana Blue also claimed to own TMS Corp., which had claimed to own eWalletPlus. Meanwhile,  an entity known as TMS Association also claimed to own eWalletPlus. A third entity — TMS  Corp. USA LLC — also has become part of the AVG alphabet soup.

Amid these bizarre circumstances, Andy Bowdoin’s support has collapsed — with the exception of a small universe of people eager to trot out a new conspiracy theory to deflect blame from the responsible parties.