The de facto head of the ASD Members Business Association (ASDMBA) Trust was charged by federal prosecutors with 11 counts of bank fraud in July 1994, according to records.
Bob Guenther pleaded guilty to a single count in December 1994. In a plea agreement, prosecutors dropped 10 counts.
ASDMBA members said Guenther has refused to provide details on how the association had spent money it began collecting last summer to ensure contributors’ legal interests were covered in the AdSurfDaily Ponzi scheme case.
After a year-long series of delays in the 1994 Texas bank-fraud case, Guenther was sentenced to three years’ probation, in December 1995. He was ordered to pay $76,134 in restitution, which U.S. District Judge Paul Brown labeled “due immediately.”
In July 1998, his probation was modified, enabling Guenther to pay restitution in installments of $3,000 monthly. Why restitution remained unpaid more than two years after sentencing is unclear. Brown extended Guenther’s probation by one year to ensure payment.
Guenther made good on the restitution and was discharged from probation in April 1999.
Guenther was charged in Maricopa County, Arizona, with two felony counts of aggravated harrassment March 13. Police alleged he violated a court order that prohibited him from making harassing contact with Cheyenne Mountain and Affiliates, an Arizona company.
ASDMBA members said Guenther routinely used threats and menacing talk when the subject of his management of the association’s business affairs was brought up.
One of Guenther’s lawyers in the bank-fraud case was Michael McColloch. McColloch’s name was referenced in an an Oct. 27, 2008, document prepared by Dallas attorney Larry Friedman.
The document advised Guenther on how to behave when he interacted with a federal prosecutor in the ASD case, and warned him to quit threatening ASDMBA members.