Tag: Garner

Three former members of AdSurfDaily who accused the company of racketeering have asked a federal judge for more time to respond to a motion by Bank of America to dismiss it as a defendant in the case.

Although not named a RICO defendant, BOA was accused of aiding and abetting ASD President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby in a racketeering scheme.

BOA is not opposing the plaintiffs’ motion to extend the time to respond to its own motion to dismiss. In fact, the plaintiffs’ pleading for the extension was filed today as a joint motion with BOA.

Plaintiffs Mike Collins, Frank Greene and Natures Discount Inc. — all former ASD members — said Bowdoin, Busby and Garner haven’t been served with the lawsuit, which was filed Jan. 15.

Why the defendants haven’t been served in more than two and one-half months since the filing of the complaint is unclear. The court reissued the summons March 18 — nearly two weeks ago — and Bowdoin, Busby and Garner still haven’t been served.

Bowdoin, Busby and  Garner were accused of conspiring with unnamed parties in organized efforts to defraud.

The RICO 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.”

Bowdoin said he fired his attorneys in a civil-forfeiture case filed in August against proceeds linked to ASD. The U.S. Secret Service has seized nearly $100 million in the case, and Bowdoin now is acting as his own attorney.

Bowdoin has filed several motions in the forfeiture case in the past few weeks.

A Blog reader who described himself as having engaged Busby in a real-estate deal said he could not locate Busby for months. The reader added that he finally secured a phone number for Busby, spoke with him briefly about 11 days ago and that Busby hurried him off the phone.

Garner once advertised offshore legal services in an online magazine known as “Escape From America Magazine.”

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’s North Carolina law license was updated March 14 by the North Carolina State Bar. Garner’s license is active, and he is in good standing with the Bar.

The plaintiffs in the RICO case — with the consent of BOA — asked Judge Rosemary Collyer to give them until April 30 to respond to BOA’s dismissal motion — and to extend BOA’s time to respond to May 20.