Tag: Clarence Busby

  • BREAKING NEWS: BOA Asks Court To Dismiss Claims Against It In RICO Lawsuit Against Bowdoin, Busby, Garner

    Bank of America has filed a motion to dismiss claims against it in a class-action racketeering lawsuit against ASD President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby.

    BOA was not named a RICO defendant in the lawsuit. Instead, former ASD members Mike Collins of Savage, Minn.; Frank Greene of Washington, D.C.;  and Natures Discount of Aventura, Fla., accused the bank of aiding and abetting Bowdoin, Busby and Garner in an organized effort to defraud.

    Tens of millions of dollars connected to ASD, Golden Panda and LaFuenteDinero were seized by the U.S. Secret Service in August, amid allegations of wire fraud, money-laundering, selling unregistered securities and operating a Ponzi scheme.

    “Banks are not guarantors of their customers’ conduct,” BOA argued in its motion to dismiss. The bank further argued that the complaint was vague and speculative, lacking in facts to such a degree that U.S. District Judge Rosemary Collyer of the District of Columbia must dismiss BOA as a defendant.

    The bank filed the motion on its behalf, not on behalf of the RICO defendants. Neither Bowdoin nor Garner nor Busby has responded to the lawsuit, which was filed Jan. 15, more than two months ago. The court reissued the summons last week to the trio of RICO defendants.

    “All told, Plaintiffs’ allegations merely describe Bank of America as having engaged in legitimate banking services without pleading any facts that Bank of America engaged in any wrongdoing whatsoever,” BOA said in its motion.

    The plaintiffs, however, said BOA ignored red flags that should have signaled the bank that surf-operators Bowdoin and Busby were using it to launder money and conduct a criminal enterprise.

    “From ASD’s inception in November 2006, Defendant Bank of America played an integral role in ASD’s operations and success,” the plaintiffs charged. “While other financial institutions and payment processors refused to facilitate ASD’s fraud, Bank of America, even in the face of significant banking best practices ‘red flags’ and likely violations of the Bank Secrecy Act and relevant anti-money laundering statutes, not only conducted business with ASD and the RICO Defendants, but it also substantially assisted the expansion of the ASD scheme.”

  • ‘Paperless Access’ Video May Seal Bowdoin’s Slide Into Infamy

    Andy Bowdoin
    Andy Bowdoin

    UPDATED 10:45 A.M. EDT (U.S.A.) History may record that ASD President Andy Bowdoin’s final slide into infamy began last week with the release of a video for Paperless Access, a new surf company.

    Some ASD members, including members of the Pro-ASD Surf’s Up forum, reacted with anger and horror. Surf’s Up predictably went into damage-control mode by ending debate on the subject, but it was too late. This genie refused to go back in the bottle.

    Incredibly, Bowdoin positioned PaperlessAccess as a way members could recapture funds federal agents seized in August as part of the ASD Ponzi scheme investigation. Although insisting he was not involved with the Paperless Access business, Bowdoin did not name the company owners in his video pitch. Nor did he say where the company was located.

    Nor did Bowdoin describe how the company was legal, choosing instead to make the vague claim that Paperless Access employed a business model “based solely on outside revenue.” Bowdoin didn’t mention his own name in the video. Nor did he mention the name of ASD.

    No, with nothing that resembled clarity, Andy Bowdoin told members to sign up for Paperless Access — and this only a few days after he acknowledged in court filings that ASD was operating illegally when agents seized tens of millions of dollars last summer.

    One of the ways the video can be construed is as a fail-safe for Bowdoin: He is a defendant in a private racketeering lawsuit brought by ASD members. One question, of course, is whether he is trying to minimize the number of plaintiffs against him by telling people they can get back their money by joining Paperless Access.

    Another question the video raises is whether Bowdoin is trying to limit the number of complaints ASD members file with the government, which intends to implement a refund program.

    Within hours of the release of the Paperless Access video, web records surfaced that showed Paperless Access was using virtually the same template ASD used in June 2007 — right down to the FAQs. The company called itself an “Income Generator”; ASD had been a “Cash Generator,” and Paperless Access used “viewing earnings” to describe what ASD called “rebates.”

    Surf’s Up, doing what it does, deleted complaints about Bowdoin’s decision to turn over the ASD database to Paperless Access. Members’ private information now is in the hands of people Bowdoin wouldn’t identify.

    Think about what just happened: Bowdoin, who said he spent $800,000 to try to get back money the government seized from him, submitted to the forfeiture in January. He didn’t tell members. They found out about it in the newspaper and by reading Blogs. Nor did Bowdoin tell members about a second forfeiture complaint that had been filed against assets tied to ASD in December.

    The December forfeiture complaint described how Bowdoin’s family members used company money to buy cars, water equipment and haul trailers — and then used company funds to pay off the mortgage on the home of Bowdoin’s stepson, George Harris.

    Harris is a trustee in AdViewGlobal (AVG), yet another autosurf with ASD ties.

    Members again learned about unsettling events from the newspaper and Blogs. Bowdoin didn’t tell them; he simply vanished from the stage. While he was off-stage, some of the Surf’s Up Mods created a promotional site for AVG — after receiving ASD’s official endorsement in November.

    In late February, Bowdoin resurfaced. He blamed his defeat on his paid attorneys. He changed his mind about submitting to the forfeiture and started acting as his own attorney — all while AVG announced it was receiving advice from Pro Advocate Group.

    A man named Karl Dahlstrom is associated with Pro Advocate Group, which says it can help people practice law without a license. Dahlstrom was sentenced to 78 months in prison in the 1990s for securities fraud.

    Securities fraud is one of the elements in the ASD case. It could be one of the elements in any future case that might evolve against AVG or Paperless Access.

    All of this was done while Bowdoin was choosing not to respond to the RICO lawsuit filed against him by ASD members. In a prospective class-action, the members accuse Bowdoin of racketeering — and Bowdoin’s response was to ignore the lawsuit and star in a video for Paperless Access.

    The theory behind the RICO lawsuit is that Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby engaged with unnamed parties in a conspiracy to defraud. The plaintiffs claim  the defendants committed indictable racketeering offenses.

    Now Bowdoin is starring in a video for unnamed parties at Paperless Access, as controversy swirls around every square inch of the ASD and AVG operations.

    For its part, one of the first acts by Paperless Access was to turn over its brand to Andy Bowdoin, a convicted felon and suspected racketeer. The decision boggles the mind.

    Bowdoin, however, has lost what once was a considerable support base, his celebrity days at an end, the vestiges of his reputation propped up by Surf’s Up Mods and a handful of remaining loyalists.

    People want their money back. They’re growing increasingly tired of Bowdoin’s pro se legal pleadings, and the release of the Paperless Access video well may be recorded as the singular event that cemented his place in infamy.

  • AdSurfDaily Promo Cited Ties To Google, Kodak, Pepsi, NBC, USA Today, Starbucks And Other Prominent Advertisers

    Promotional material for AdSurfDaily featured a photograph of Andy Bowdoin and claimed the company had advertising relationships with some of the top brands in the world.

    Meanwhile, the document introduced readers to Golden Panda Ad Builder, referencing it as ASD’s “Chinese Site” and asking readers to specify if they’d like to advertise on the site.

    The document was created on July 6, 2008, in Adobe Illustrator, and was converted to PDF format, according to its “Properties” function.  It is possible that an earlier version of the document was in use before the July 6 version.

    Among the major advertisers referenced were Google, Kodak, Starbucks, Quiznos Sub, Callaway Golf, Macy’s, Toshiba, NBC, Farmers Insurance, USA Today, Priceline.com and more. Individual logos of the companies were pictured.

    A Secret Service Task Force quietly opened a probe into ASD on July 3, 2008. On July 7, just a day after the July 6 promo for ASD was created, an IRS/Secret Service Task member opened a free ASD account. On July 14, an IRS/Secret Service Task force member opened a paid account. A separate Task Force member funded the account by delivering a check to a Bank of America branch office in Orlando, Fla.

    Despite claims ASD was home to famous, paid advertisers, ASD has not provided any documentation in court filings to substantiate the claims.

    Promo for ASD references prominent brands in ASD customer base.
    Promo for ASD references prominent brands in ASD customer base.

    “This new approach to Internet advertising has businesses of all sizes, from small home
    based businesses to large corporations such as Google, Starbucks, Kodak, etc., joining ASD,” the promotion said.

    “Not only are there over 75,000 small businesses advertising with ASD, but now major corporations are as well. Remember, a part of the daily rebate comes from the revenue corporations pay to advertise with ASD. The following are just a few of these companies,” the promotion said, introducing 24 corporate logos from prominent companies.

    The individual logos appeared on Page 10 of the document. Page 11 featured a photo of Andy Bowdoin and what purported to be his business biography, including references to Dale Carnegie and “the notorious Napoleon Hill.”

    A White House tie also was claimed.

    “In fact, AdSurfDaily President and CEO, Andy Bowdoin, was invited to Washington, D.C., in June, 2008, by United States President George Bush and Vice President Dick Cheney to receive the Medal of Distinction, at the White House. This is a very special honor for his service and leadership contributions in business,” the document crowed.

    Prosecutors said claims about Bowdoin’s White House ties were false. The Medal of Distinction is offered by the National Republican Congressional Committee for campaign donations to keep Republican members in Congress. The “medal” signifies a person’s ability to write a check for what amounts to banquet tickets.

    At the same time, the July 6 document references a so-called “Chinese site,” instructing readers to specify if they’d like to advertise on it.

    Members were told to provide a “[s]hort description of where you would like the funds to be placed (English site, Spanish Site, Chinese Site),” and to specify  “which promotion is running.”

    Within days, however, Bowdoin distanced himself from Golden Panda Ad Builder, the so-called Chinese site. During the same time period, it was revealed that Golden Panda Ad Builder president Clarence Busby had been accused of investment fraud in the 1990s by the Securities and Exchange Commission.

    Read the July 6 promo for ASD. To see the “Properties” showing the date in Adobe Reader, click on “File” and select “Properties.”

  • BREAKING NEWS: Obama To Sponsor Plan To Curb International Tax Scheming, Treasury Secretary Tells Panel

    obamaThe Obama administration said today that it will crack down on international tax cheats and people using tax havens to evade U.S. regulators.

    In testimony before the House Ways and Means Committee, Treasury Secretary Tim Geithner said Obama will propose new rules to curtail international scheming.

    “The budget also seeks to close the ‘tax gap’ by tackling tax shelters and other efforts to abuse our tax laws, including international tax-evasion efforts,” Geithner said. “The budget addresses the use of offshore structures and accounts by U.S. corporations and individuals to avoid and evade U.S. taxes. Over the next several months, the President will propose a series of legislative and enforcement measures to reduce such U.S. tax evasion and avoidance.”

    Geithner’s remarks couldn’t have come at a worse time for some AdSurfDaily members. Some members Surf’s Up, a Pro-ASD forum, are engaging in a letter-writing campaign to have the government investigate the prosecutors and federal judge involved in the case.

    Members have sent letters to Obama, Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, and other politicians.

    In August, prosecutors alleged that ASD was a wire-fraud and money-laundering operation whose central component was an international, $100 million Ponzi scheme. ASD had more than $1 million on deposit in Antigua, which later became ground zero in the alleged multibillion-dollar Allen Stanford Ponzi scheme.

    Robert Garner, an ASD attorney who advertised his international financial services in a magazine in 2003, was named a defendant in a RICO lawsuit in January. His co-defendants include ASD President Andy Bowdoin and Golden Panda Ad Builder President Clarence Busby. Assets tied to Golden Panda were seized in the ASD case.

    Promoter say Busby now is involved with another surf — BizAdSplash — which promotes itself as an offshore business.

    Bowdoin’s stepson, George Harris, and two former ASD employees, Gary Talbert and Chuck Osmin, are associated with yet another offshore surf — AdViewGlobal.

    Three autosurfs with ties to ASD sprouted up in the aftermath of the government’s seizure of ASD funds, all touting the benefits of their “offshore” locations in countries such as Panama and Uruguay. One of the surfs, BizAdSplash, is having trouble with a bank in Panama and a payment processor in Panama. The surf announced the trouble after the SEC charged Stanford with fraud.

    Meanwhile, AdGateWorld positioned itself as an attractive option after what happened to ASD. Promoters said AdGateWorld provided protection from the SEC, the IRS and state attorneys general.

    For its part, AdViewGlobal now says it is forming a private association.

  • Shush! AdViewGlobal Promoters Get Tongue-Tied

    Here’s how one AdViewGlobal (AVG) promoter put it in a message to his list:

    “Ad View Global is now known as AV Global Association. AV Global Association is a private membership association. To help protect the members of this private association, I will no longer discuss AVG in my Newsletter.”

    He did not mention that AVG is taking advice from Karl Dahlstrom of Pro Advocate Group.  Dahlstrom, in 1997, was sentenced to 78 months in federal prison for his role in a securities scheme. Nor did the promoter mention that Dahlstrom’s daughter also was sentenced to prison.

    No one at the Pro-AdSurfDaily Surf’s Up forum has mentioned it either. A sister site for AVG set up by some of the Surf’s Up Mods and members, however, also has gone underground. A couple of weeks ago the AdViewGlobal forum anointed Curtis Richmond a “hero” for intervening in the ASD case, but never told members about Richmond’s conviction for threatening federal judges.

    Nor did the AdViewGlobal forum tells members about an order by a federal judge for Richmond and others to pay nearly $110,000 in damages and costs to public officials harmed by an organized nuisance campaign. Richmond is a member of a Utah “Indian” tribe the judge ruled a sham, saying the “tribe’s” efforts to undermine the legal system by filing vexatious lawsuits and trying to collect enormous judgments against public officials amounted to racketeering.

    BizAdSplash

    Here’s what the first promoter cited above had to say about BizAdSplash, yet another surf with ties to ASD that came to life in the aftermath of the government seizure of assets linked to ASD in August and December.

    “I think it is best to leave the percentages off my Newsletter going forward. For those who are already members of Biz Ad Splash, you can see the daily calculations by going to your Ad Package History and then clicking on any one of your active ad packs.

    “Biz Ad Splash announced over the weekend that they are discontinuing the Strict Pay payment processor. Strict Pay is having some problems right now which has caused Biz Ad Splash to stop using them for the time being at least.”

    Early promoters of BizAdSplash linked it to Clarence Busby, the operator of GoldenPandaAdBuilder. Assets linked to Golden Panda were seized in the ASD probe. Busby was called a “special consultant” to BizAdSplash. Other promoters said he was the owner.

    Like ASD President Andy Bowdoin and ASD attorney Robert Garner, Busby has been named a defendant in a racketeering lawsuit.

    The BizAdSplash promoter did not mention banking problems in Panama and elsewhere in Latin America and the Caribbean created by the collapse of the R. Allen Stanford Ponzi in Antigua. Three of three surfs that sprouted up after the government seizure of assets linked to ASD claimed ties to Panama or South America. These included BizAdSplash, AVG and AdGateWorld.

    All three surfs are trolling for cash in particularly odious ways right now — and this on the heels of other surfs that collapsed in the wake of the Stanford Ponzi. The extent of Stanford’s troubles on the autosurf trade is unclear, but two surfs — PAC and Aggero Investment — flamed out in spectacular fashion in the past week, and promoters for both surfs claimed the programs were safe because they were offshore.

    Both PAC and Aggero Investment collected money until the bitter end, saying things were just fine.

    Boom! They were gone.

    And, speaking of “gone,” MegaLido also is gone. The first promoter cited above promoted it, too, and he’s also promoting AdGateWorld.

  • Garner Advertised In ‘Escape Artist’ Publication

    Attorney Robert Garner
    Attorney Robert Garner

    An attorney accused of racketeering in a lawsuit by members of AdSurfDaily and accused by prosecutors of shilling for ASD President Andy Bowdoin once advertised his services in “Escape From America Magazine.”

    The magazine is part of a website known as EscapeArtist.com.

    Robert F. Garner identified himself a “[f]ormer General Counsel for  major Miami-based securities firm with Latin and South American  focus,” according to his ad. He listed the URL for his law office in Greensboro, North Carolina, saying he also specialized in “[r]ecoveries from scam.”

    Garner is licensed to practice law in North Carolina. But web records show he has not informed the North Carolina bar this year whether he is in private practice or carries malpractice insurance — two things he is required to do.

    “Each active member of the North Carolina State Bar is required to advise the State Bar annually whether he or she is engaged in private practice and whether he or she is covered by legal malpractice insurance,” the bar says on its website. Garner’s entries for 2009 are listed “no response.”

    Garner’s magazine ad ran in Vol. 5, Issue 11, of Escape From America. It was published in November 2003, alongside ads for tax havens, financial, telephone and real estate services for expatriates, and pitches for people to move to Belize and elsewhere.

    “YOUR OWN OFFSHORE BANK ACCOUNT IS WAITING FOR YOU,” promised one of the ads in the publication.

    In December, federal prosecutors filed a second forfeiture complaint against assets tied to ASD, including a home and personal property acquired by Bowdoin family members.

    Bowdoin’s wife, Edna Faye Bowdoin, and her son, George Harris, used ASD money to open an account in a separate bank. Harris used $157,216 of the opening deposit to pay off the mortgage on the Tallahassee home he shared with his wife, prosecutors said.

    Garner shilled for Andy Bowdoin in an ASD video, prosecutors said.

    “ASD actually [employed] Garner to participate in a marketing video that ASD crafted to reassure hesitant prospects of ASD’s lawfulness, not for his expertise in ensuring ASD’s compliance with applicable laws,” prosecutors said.

    “Messrs. Bowdoin and Garner said that ASD’s operations had been reviewed carefully by a team of legal experts to ensure compliance with all applicable laws,” prosecutors said.

    “Messrs. Bowdoin and Garner knew the representations made in the video were material to prospective participants, made-up, and false,” prosecutors said. “The misrepresentations led to a significant expansion of investment in ASD and related auto-surf investment programs.”

    In fact, prosecutors said, ASD didn’t hire compliance attorneys during the first 20 months of its existence, waiting until after it started to collect enormous sums at rallies last year to address compliance with federal securities laws and other laws.

    A RICO complaint brought against Bowdoin, Garner and Golden Panda Ad Builder President Clarence Busby in January accuses the men of organized efforts to defraud. The lawsuit was filed by Mike Collins of Savage, Minn.; Frank Greene of Washington, D.C.; and Natures Discount of Aventura, Fla.

    The complaint alleged the men were involved in “other” schemes beyond ASD, Golden Panda and LaFuenteDinero, and have “committed or aided and abetted in the commission of countless acts of racketeering activity,” including indictable offenses.

    “The ASD Enterprise provides the RICO Defendants and other unnamed co-conspirators with a system by which to operate fraudulent schemes such as ASD, to hide the fraudulent nature of the schemes, and to profit from such schemes,” the plaintiffs alleged. “Each RICO Defendant agreed to perform services of a kind which facilitated the operation of the ASD Enterprise and facilitated the RICO Defendants and others in the operation of various fraudulent schemes, including ASD.”

    One entity associated with ASD — a surf known as AdViewGlobal — lists former ASD executive Gary Talbert as its chief executive officer. Chuck Osmin, a former ASD customer-service representative who said he expected to earn $2,000 a day from ASD, also now works for AVG.

    Meanwhile, AVG lists George Harris as a trustee. AVG has turned to a firm known as Pro Advocate Group for advice on becoming a private members’ association. Pro Advocate Group is associated with Karl Dahlstom. In 1997, Dahlstrom was sentenced to 78 months in federal prison for his participation in a securities scheme.

    An attorney named Robert F. Garner — with ties to Florida and North Carolina –  is referenced in documents published by the U.S. Senate pertaining to a 2001 investigation into international money-laundering.

  • BOLO Clarence Busby? Reader Puzzled By RICO Defendant’s Absence; Says Busby Out Of Touch For ‘Months’

    Should the government and litigants be on the lookout for Clarence Busby? He hasn’t been charged with a crime and, in September, he surrendered his claims to money seized by the U.S. Secret Service as part of its probe into the alleged criminal business practices of his company, Golden Panda Ad Builder of Acworth, Ga.

    Prosecutors said the money was part of the proceeds of a wire-fraud, money-laundering and $100 million Ponzi scheme in which Busby and Golden Panda participated with AdSurfDaily Inc. of Quincy, Fla.

    Busby identified himself as a minister. But he also is in the real-estate business, and last night a reader contacted us to say he has been unable to reach Busby.

    “We are buying a house from him and can’t seem to get in contact with him,” the reader said. “The last we heard, he was overseas starting up an internet company. We are a little concerned.”

    The reader added that he has been unable to contact Busby “for the past couple of months.”

    Here’s what we know about Busby: He played it cool as a cucumber when federal prosecutors announced the seizure of tens of millions of dollars last summer. Busby announced to Golden Panda members that his faith would get him through the dark hours. He composed a series of cloying Blog posts, assuring everyone that things would be just fine.

    Clarence Busby lays on the syrup, to be sure. In court filings, he explained how he’d gone fishing with ASD 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.”

    Busby then explained how Golden Panda was born:

    “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.

    “I was interested in the idea, but did not have knowledge of computers and the web, so I thought Bowdoin should run it, but Bowdoin did not want to run it,” Busby continued. “I chose the name of Golden Panda Ad Builder Inc. and I had the company incorporated on May 15, 2008. At that time, I still thought that Bowdoin would end up running the business, so I placed his name as President of the company, although Bowdoin never actually took any step to run the company.

    “Two and one half weeks before Golden Panda commenced operations on July 24, 2008, Bowdoin called me and reiterated that he did not have time for Golden Panda, had done nothing to help create it, and therefore thought I should be the one to own, operate, and control the business.

    “I then decided that with the help of my kids that I really could run a web based advertising business on my own. On July 2, 2008, I amended the Golden Panda papers with the state, naming myself as the President and removing Bowdoin’s name.”

    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. The SEC waived a $15,000 penalty and accrued interest because Busby certified he was broke.

    Almost 10 years to the month later, Busby went fishing with Andy Bowdoin. Both men now have been accused of racketeering in a class-action lawsuit brought by members of AdSurfDaily.

  • BREAKING NEWS: Bowdoin, Busby, Garner, BOA Sued Anew

    Attorney Robert Garner
    Attorney Robert Garner

    UPDATED 7:42 P.M. EST (U.S.A.) Individuals associated with AdSurfDaily Inc. have been sued in U.S. District Court in Washington, D.C. The complaint alleges racketeering, and names Bank Of America a defendant for aiding and abetting the scheme.

    BOA was not named a RICO defendant.

    The case was brought by Mike Collins of Savage, Minn.; Frank Greene of Washington, D.C.;  and Natures Discount of Aventura, Fla. It was filed as a class-action and has been assigned to Judge Rosemary Collyer, the same judge hearing the ASD civil-forfeiture case filed by federal prosecutors in August and a second forfeiture case against ASD assets seized in December.

    Natures Discount previously sued the same defendants in U.S. District Court for the Northern District of Florida, but withdrew the case.

    “From ASD’s inception in November 2006, Defendant Bank of America played an integral role in ASD’s operations and success,” the plaintiffs charged. “While other financial institutions and payment processors refused to facilitate ASD’s fraud, Bank of America, even in the face of significant banking best practices ‘red flags’ and likely violations of the Bank Secrecy Act and relevant anti-money laundering statutes, not only conducted business with ASD and the RICO Defendants, but it also substantially assisted the expansion of the ASD scheme.”

    Plaintiffs Hint Of Other Bowdoin, Busby, Garner Schemes

    ASD President Andy Bowdoin, Golden Panda President Clarence Busby and ASD attorney Robert Garner were accused in the complaint of conspiring with unnamed parties in organized efforts to defraud.

    The complaint alleged the men were involved in “other” schemes beyond ASD, Golden Panda and LaFuenteDinero, and have “committed or aided and abetted in the commission of countless acts of racketeering activity,” including indictable offenses.

    “The ASD Enterprise provides the RICO Defendants and other unnamed co-conspirators with a system by which to operate fraudulent schemes such as ASD, to hide the fraudulent nature of the schemes, and to profit from such schemes,” the plaintiffs alleged. “Each RICO Defendant agreed to perform services of a kind which facilitated the operation of the ASD Enterprise and facilitated the RICO Defendants and others in the operation of various fraudulent schemes, including ASD.”

    Attorneys for the plaintiffs did not name the other alleged schemes. One of the attorneys, Steven N. Berk, is a former federal prosecutor and a former staff attorney for the Securities and Exchange Commission. Berk served as an assistant U.S. Attorney for the District of Columbia, and is a partner in Chavez & Gertler in Washington.

    In recent weeks, at least three autosurfs using a model similar to ASD either have launched or are in the process of launching. One of the autosurfs — AdGateWorld — once published a Terms of Service document on its website that included references to “ASD.”

    adgatetermssmall1

    Screenshot from Oct. 25, 2008.

    A second autosurf known as AdViewGlobal has known ties to ASD. Early promotions for the surf listed Juan Fernandez, chief executive officer of ASD, as “national sales manager” for AdViewGlobal.

    Meanwhile, a surf known as Biz Ad Splash is using a model that requires members to become “qualified distributors” after 30 days to take advantage of surfing rebates. ASD briefly tried a similar approach in July, according to a forfeiture complaint filed in December by federal prosecutors against assets linked to ASD.

    “In July 2008, on the first page of its website, ASD informed prospective ad purchasers that “[a]d purchasers will continue to be paid rebates until they receive 100 percent of their ad purchases,” prosecutors said. “To earn an additional 25% rebate on their ad purchase, an ad purchaser must have a minimum group sales volume of $15 per month or their sales volume must average $15 per month while the ad package is still active. This helps us maintain a constant growth so everyone can reap their profits.”

    None of the new surf sites identifies the owners/operators. And they all list offshore registration — BizAdSplash and AdGateWorld in Panama, and AdViewGlobal in Uruguay. The IP addresses for each of the surfs resolve to Panama.

    adgateworld525Early AdGateWorld promoter’s pitch.

    Plaintiffs in the RICO lawsuit outlined an alleged pattern of fraud and deceit on the parts of Bowdoin and Busby, citing their previous encounters with securities regulators — a felony conviction for Bowdoin in Alabama and a deal Busby struck with the Securities and Exchange Commission to settle charges he was a principal in three prime bank schemes that defrauded investors. Neither man disclosed their previous involvement in securities schemes to members before launching ASD and Golden Panda Ad Builder, the plaintiffs charged.

    Bowdoin spun an untrue tale of fabulous business success to recruit ASD members, and the company and some of its participants told lie after lie to separate people from their money, the plaintiffs alleged.

    Included among the lies were assertions that ASD was going to “sign up” more than 100 Fortune 500 companies “such as Google, Coke, Pepsi” and others to pay for advertising and generate revenue to pay for rebates. Another lie was that ASD had a contract to place ads for three companies and would collect “at least $13 million a year” as a result of the contract, the plaintiffs alleged.

  • BREAKING NEWS: Natures Discount Drops RICO Lawsuit Against Bowdoin, Busby, Garner

    Natures Discount, a former AdSurfDaily advertiser, has dropped a racketeering lawsuit it brought in November against ASD President Andy Bowdoin, Golden Panda President Clarence Busby, and Robert Garner, an attorney who appeared in a video touting ASD’s legality.

    Bank of America also was named a defendant in the Natures Discount complaint, though not as a RICO defendant. Natures Discount asserted that the bank didn’t pay close enough attention to Bowdoin and Busby and aided them in their scheme to defraud customers.

    The allegations against BOA also were dismissed.

    “Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiff hereby gives notice of its voluntary dismissal of the above-styled action without prejudice,” Natures Discount said in court filings today. “Each party will bear their own costs.”

    The dismissal follows on the heels of a government notice last week that it intends to litigate two separate forfeiture actions filed against ASD to their conclusion and take possession of all seized money and property tied to the firm.

    Should the government prevail — and ASD already has surrendered claims to assets seized in the initial forfeiture complaint filed in August — it would mean the government would have exclusive control over virtually all of ASD’s money and property.

    Prosecutors last week established a procedure for members to file for ASD refunds, saying it intended to liquidate real estate and other assets seized from ASD. Members seeking refunds will be required to file petitions and certify under oath that they were crime victims.

    In December, a second forfeiture complaint filed against assets tied to ASD alleged that hundreds of thousands of dollars of ASD funds were used to fuel personal spending by Bowdoin family members. Included were automobiles, a boat, jet skis, hauling trailers and a family home in Tallahassee.

    The government has not guaranteed any refund amount, and its probe is ongoing. All of ASD’s assets were forfeitable under U.S. law because they were the proceeds of a criminal enterprise, prosecutors said.

  • Breaking News: More ASD-Connected Assets Seized; Bowdoin Blamed Company Troubles On Russian Hackers

    Federal prosecutors quietly went to court last month, filing a second forfeiture complaint against assets tied to AdSurfDaily Inc. The complaint paints a jaw-dropping picture of insider dealings, special favors, a “silent” ASD partner, people getting paid large sums for doing virtually nothing — and a claim that Russian hackers broke into ASD’s servers and stole more than $1 million.

    ASD President Andy Bowdoin never reported the theft to police or other authorities. He also told different people different stories about the cash struggles ASD was having before the autosurf changed its name to ASD Cash Generator, prosecutors said.

    “Mr.  Bowdoin told some individuals that he had to stop operating the program over the Internet as AdSurfDaily after one or more Russians hacked into his program and caused the ASD operation to issue approximately $1 million to one or more Russians,” prosecutors said.

    Bowdoin explained the money was taken “before [he] discovered that the Russians had not paid any money to ASD to secure for themselves a portion of its revenue stream (as so-called ‘rebates’),” prosecutors said.

    The new forfeiture complaint, which is filed in the District of Columbia but has been assigned a different case number than the still-active August forfeiture complaint, names currency, real estate, luxury vehicles, a 20-foot Triton Cabana boat, jet skis, trailers and computer equipment as the property the government seeks to seize as additional proceeds of an illegal Ponzi scheme.

    Prosecutors seek $634,266 previously deposited in Bartow County Bank in the name of Golden Panda Ad Builder. The money previously was ceded to the government by ASD President Clarence Busby and his daughter, Dawn Stowers.

    In addition, they seek a 2009 Lincoln MKS in the name of Bowdoin/Harris Enterprises; a 2009 Acura registered to Hays McDougal Amos; a 2008 Honda CRV registered to Judy Shriver Harris and George Franklin Harris; a 20-foot Triton Cabana boat, Mercury outboard motor and trailer; two 2007 Bombardier jet skis and a 2008 Confab trailer.

    At the same time, they seek the old Masonic Hall building Bowdoin purchased for $800,000 cash in Quincy, and a home in Tallahassee that was purchased with ASD funds that Bowdoin’s wife diverted to her son, George Harris, with the assistance of Harris.

    On June 10 and June 11 alone, Bowdoin’s family members and employees used $239,957 derived from ASD funds to make personal purchases, prosecutors said.

    Bowdoin’s wife, Edna Faye Bowdoin, worked with her son on June 10, 2008, to create an account at Capital City Bank, into which more than $177,000 in ASD funds were transferred from Bank of America, prosecutors said.

    On June 23, 2008, Harris used $157,216 of the money to pay off the mortgage on the Tallahassee home he occupied with his wife, Judy Harris, prosecutors said.

    “In short, Edna Faye Bowdoin and her son, George Harris, created an entity that funneled ASD proceeds into a bank account from which funds were provided to George Harris, and his wife, to pay off their home mortgage,” prosecutors said.

    Andy Bowdoin and Edna Faye Bowdoin created Bowdoin/Harris Enterprises to help “conceal from the government their expenditures and assets they purchased,” prosecutors said.

    Insider Dealings

    It is clear from the new forfeiture complaint that investigators have interviewed many people, including Bowdoin relatives, and spent considerable time chasing paper. The brackets in the quoted passages below are emphasis we added.

    “Mr. Bowdoin and associates [note the use of the plural] issued ad packages to friends and family (who  paid nothing for the ad packages) as free investment, and compensation programs,” prosecutors said.

    “Mr. Bowdoin, and others [note the plural] working with or associated with ASD, also gave ad packages to employees/workers as compensation for services performed for ASD,” prosecutors said.

    “These individuals also were able to pull out considerable funds from the so-called rebate program even though in many [note the use of the word “many”] cases they put little, if any, of their own money into the scheme,” prosecutors said.

    “For example, a former employee took over $30,000 out of ASD after putting in nothing. Another former employee pulled out over $300,000 after putting in about $10,000,” prosecutors said. “One ASD promoter pulled out almost $100,000 after putting in less than $1,000.”

    Family Spending Spree

    Here is a list of major family transactions last summer that used ASD funds, according to prosecutors.

    • June 10, 2008: Edna Faye Bowdoin and her son, George Harris, opened at account at Capital City Bank, funding it with $177,900 transferred from ASD’s Bank of America accounts. Harris later used $157,216 of the deposit to pay off the Tallahassee home he shared with his wife, Judy Harris.
    • June 11, 2008: Judy Harris and George Harris used $28,607 to purchase a 2008 Honda CRV. The vehicle was paid for with ASD company check No. 1337. On Aug. 8 — about a week after ASD’s assets were seized in the initial complaint — a lien was placed on the vehicle to secure a $5,000 loan Judy Harris took out with a family member.
    • June 11, 2008: ASD Chief Executive Officer Juan Fernandez issued an ASD check for $33,450 that was used to pay for a 2009 Acura registered to Hays McDougal Amos.
    • June 28, 2008: ASD Check No. 2708, for $20,506, was used to purchase the jet skis and a trailer. The bill of sale was made out to ASD, and Edna Faye Bowdoin signed for the goods.
    • July 1, 2008: A check from Bowdoin/Harris Enterprises for $23,445 was used to purchase the Triton boat and other equipment. The funds Bowdoin/Harris used originated in ASD’s Bank of America accounts.
    • July 28, 2008: A cashier’s check from Bowdoin/Harris for $48,244 was used to pay for the Lincoln. The funds originated in ASD’s accounts.
  • AdSurfDaily: Bowdoin The Envy Of Con Artists Worldwide

    andybowdoinbwASD President Andy Bowdoin demonstrated that any person with access to an autosurf script can put tens of millions of dollars on the table if he or she can meet two minimal conditions: the ability to recruit a few key MLM promoters, and the ability to be influenced by MLM promoters who know how to take the business to the next level by playing fast and loose with the truth.

    One of the reasons autosurfs continue to proliferate is because other con men can’t stand the thought that Bowdoin — himself a con man — relieved people of nearly $100 million in a matter of only weeks.

    “Con man envy” perhaps is Bowdoin’s greatest contribution to the autosurf trade. He is proof of the nefarious dream. Surfs have been popping up left and right since people learned Bowdoin had huge amounts of money stockpiled in banks (and in the form of uncashed checks) and had gone on a real-estate and vehicle-buying frenzy.

    Did you think they were popping up because the model was the product of genius and a utopian desire to let all people share in wealth created by a perfect machine?

    Bowdoin surrendered tens of millions of dollars to the government yesterday, demonstrating the machine is not perfect and no healthy ingenuity is involved. Bowdoin, for instance, spent $500,000 to place a deposit so ASD could process credit-card transactions from Antigua. He didn’t seek members’ approval; he simply did it, thus placing his enterprise in even greater danger of collapse. Members also paid for the properties, vehicles and toys he or insiders bought — each one of them weighting down the Ponzi even more.

    Andy, who deposited corporate funds into personal accounts over which he had sole signatory authority, had new houses and new cars, places to go and people to meet. He’d finally arrived at age 74, and some people even were happy to trade wages for the earning power of all those “ad packs,” which became a new form of currency in Quincy and elsewhere.

    And Bowdoin’s donation of 100,000 “ad packs” to a charity? That also weighted down the Ponzi, putting even more stress on members. The donation alone created a $365,000 liability for ASD at the advertised pay-out rates, even more over time with compounding.

    Any volunteer or employee who’d accept “ad packs” instead of cash was a friend to Bowdoin, who simply could transfer the responsibility to pay for the “ad packs” and their earning power to members.

    Still think ASD had a prayer of surviving?

    Bowdoin also was spending money like a sailor who’d been at sea for six months and suddenly, excitedly, unexpectedly found himself in possession of a big paycheck on shore in the Bright City.  Lots of sailors spend money not because they need to, but because they can. Andy had become a big man in Quincy: Realtors and auto dealers couldn’t wait to see him or members of his family.

    Some of the new surfs have ties to ASD, either directly or through sentiment. We know this because some of the people promoting the new enterprises traded on ASD’s pain to create buzz for the upstarts.

    Cynical does not even begin to describe it.

    A “Poor Andy” theme has been an early selling point in promotions. Part of it is because folks with big downlines don’t want to get sued by people they brought into the program, and they don’t want to have their “profits” disgorged by the government or a receiver it appoints. By casting Bowdoin as a victim of a foundationally corrupt government, promoters hope to keep the heat off themselves while launching new enterprises that essentially are ASD packaged with different words.

    ASD was a Ponzi; the new autosurfs soon will become Ponzis, if they’re not already Ponzis. “Rebates aren’t guaranteed” is a Ponzi signature, a disclaimer the companies use on the theory it will insulate them from claims. It didn’t work for ASD; it won’t work for the new companies.

    Why? Because it’s the equivalent of saying that bank-robbery laws don’t apply to you simply because you make a formal statement that bank-robbery laws don’t apply to you. To the Ponzi purveyor, however, the words themselves are self-validating. We aren’t a Ponzi because rebates aren’t guaranteed. They also serve the secondary purpose of sounding reasonable, putting the onus on you to recognize you’re granting the operator license to keep your money and become rich when the Ponzi math becomes too inconvenient.

    Virtually all Ponzis pay in the early stages; it’s what keeps money flowing into the system. But “rebates aren’t guaranteed” is the “out” — one that can be exercised at any point in time and for any reason, including “We just want to keep the money now.”

    Shame on prosecutors for not understanding “rebates aren’t guaranteed” are the magical words that make the enterprise wholesome, a business of which society can be proud  — even as family members are shunned and lose the esteem and respect of other family members for introducing them to such a wholesome pursuit.

    There’s a good chance your friendly autosurf promoter is in deep trouble with his or her own family for ASD and Golden Panda losses and the grief associated with a court battle –and that the promoter is selling the new autosurf in a bid to recover losses and get back in the good graces of people they love.

    And there also is a chance the promoter is trying to recover personal losses by selling yet another autosurf.

    The Bowdoin Roadmap

    By getting caught, Bowdoin accidentally provided a roadmap on how not to get caught — at least not right away. Few autosurf promoters these days would dare claim that Google endorsed the enterprise after entering into a “partnership.” Fewer yet would dare claim that the President of the United States had given the autosurf operator  his stamp of approval at a White House dinner.

    There is shorthand for this: President = Secret Service, and Secret Service = No Stone Unturned.  Thus — at least temporarily — ends the ridiculous notion that the President is on board the autosurf ship. It was nothing more than a lie that achieved virality. The Google lie also went viral.

    And the rallies, the ones at which faithful volunteers collected members’ money and paperwork on camera and laid it neatly in plastic baskets? Thanks to Bowdoin, new owners will put the lid on rallies and the collection of money by volunteers — customers, after all, might have trouble reconciling why a professional advertising company is using volunteers to round up the loot. (The irony of placing money in plastic baskets in a case what went on to become a money-laundering prosecution is almost too much to contemplate.)

    But don’t rest easy, even as you’re reverse-engineering Bowdoin’s mistakes to make sure your operation doesn’t repeat them and get on the Feds’ radar screens.

    Here’s how the new autosurf operators will get caught, despite what they’ve learned from Bowdoin’s experience and despite reportedly moving to “offshore” locations such as Panama and Uruguay:

    • The word “offshore” itself will signal investigators that the new enterprise studied the ASD case and determined one of ASD’s core “weaknesses” was its domestic location. Some people already are bragging about this. Early promoters of “offshore” surf sites have claimed the sites provide protection from the SEC, the IRS and state attorneys general. Some of these people are the same people who promoted Google “partnerships” and White House ties.
    • A hiccup by a payment processor or an international probe of payment processors could neuter autosurfs and leave tens of thousands of participants holding the bag. There is a distinct possibility that governments worldwide will crack down on processors that do business with autosurfs. In the post-Bernard Madoff Ponzi era — and with the global economy shedding jobs as wealth continues to evaporate — nations will take a closer look at the international wire business.
    • Credit-card issuers and banks will more closely monitor transactions. They’re tired of posting hundreds of billions of dollars of losses. Shareholders will demand additional controls and regulation.
    • Some autosurf promoters are trading so heavily on government resentment that it has become a signature of Ponzi fraud. Even at this moment, promoters are trying to build your resentment so you’ll give them more money. They’ll tell you that the government is antibusiness, anti-little guy, antiwealth, and they’ll point to the $700 billion U.S. corporate bailout and employ other populist rhetoric to make you believe that real patriots play the autosurf game. The loudness, coupled with the brazen conduct of promoters, will put them squarely in the sights of regulators and prosecutors.
    • The U.S. government is well aware that autosurfs exist, but agencies lack the money to police them individually. One possible approach is to work with domestic and international agencies to engineer a sting operation. Such an approach has political support because voters are tired of reading about Ponzi schemes and how wealth is being depleted by people with smiles on their faces and access to a computer. It’s not outside the realm of possibility that the government will work proactively with a TV network to record the actual planning and final execution of the sting. The networks live for this kind of thing, and the public loves to see it. (One new autosurf already is using a reference to the NBC television network to sanitize the opportunity, an act as reckless as claiming the President is your buddy when he is not. The shorthand for the pitch is Autosurf = NBC, an utterly preposterous claim. NBC doesn’t pay viewers, and NBC doesn’t tell its advertisers that they’ll get back 125 percent of their ad spend for viewing ads on NBC for a few minutes a day.)
    • Bernard Madoff fallout is having a profound effect on individuals and the government. Madoff fallout alone is bad news for Ponzi operators. The word is positively nuclear. People now understand what a Ponzi scheme is and the dangers of such schemes because they can put a face to it.
    • Autosurf operators will not be able to control the behavior of the most unscrupulous promoters, an age-old song. Despite ASD headlines — despite Madoff headlines — the seamy underbelly of this underground business once again will emerge.

    The traditional autosurf pattern already is in play at the up-and-coming sites. Have you noticed roll-outs being called “Phase One” and the promises that more and more good things will follow?

    And, hey, no sense insulting you by referring to you as a plain member. Puff out your chest and proudly wear the new title of “account executive” or “VIP.” Feel good about yourself knowing your friendly promoter thinks so highly of you.

    Just be ready to feel the scorn of your family and friends — and perhaps even see yourself on TV — when the post-Bowdoin breed of autosurfs meets its inevitable fate.

    In any event, you’ll still have the “rebates aren’t guaranteed” defense” to make you feel better.