Tag: restitution

  • BULLETIN: Feds Now Say Andy Bowdoin Was Charged In Securities Swindle In Third Alabama County; Records Show Arrest Warrants Were Issued And Suggest AdSurfDaily Patriarch Spent Time In Jail Prior To ASD Launch And Subsequent Ponzi Probe

    These court records from Jefferson County, Ala., suggest that Andy Bowdoin was jailed at least briefly in the 1990s in an alleged securities swindle involving mobile phones. (Redactions by PP Blog.)

    In April 24 court filings, federal prosecutors in the District of Columbia described four instances in which accused Ponzi schemer Andy Bowdoin was charged during the 1990s with state-level, securities-related crimes in Alabama. Those crimes occurred in Montgomery and Wilcox counties, prosecutors said.

    But yesterday prosecutors informed Bowdoin’s lawyers and U.S. District Judge Rosemary Collyer that Bowdoin also had been indicted in 1996 in Jefferson County on 12 state-level counts related to securities fraud. The government said it intended to use evidence of Bowdoin’s criminal history in all three Alabama counties in the AdSurfDaily patriarch’s September 2012 trial on ASD-related charges of wire fraud, securities fraud and selling unregistered securities.

    Warrants were issued in Jefferson County for Bowdoin’s arrest, according to exhibits federal prosecutors produced yesterday in advance of a May 8 bond-review hearing for Bowdoin in Washington. At least one of the records suggests Bowdoin was “Committed To Jail” after his arrest on the Jefferson County charges.

    How long Bowdoin actually spent in jail was not immediately clear. But records in Alabama show that he entered into plea agreements that required him to testify against at least five alleged securities fraudsters. Federal prosecutors now are suggesting that at least some of the Alabama litigation against Bowdoin was unresolved when he launched ASD in 2006 and that Bowdoin made restitution payments in the state with proceeds from the ASD Ponzi scheme.

    Bowdoin claims through ASD employees that his only encounter with law enforcement had been a speeding ticket were “false and misleading,” federal prosecutors said yesterday.

    ASD’s existing members and prospects were not told information that could have helped them in making an informed decision when joining ASD, prosecutors said.

    In August 2008, the U.S. Secret Service seized tens of millions of dollars from Bowdoin’s bank accounts, amid allegations he was presiding over a massive online Ponzi scheme through ASD. Bowdoin was arrested by the Secret Service in December 2010.

    Separately, new court filings suggest that Bowdoin’s May 8 bond-review hearing could be delayed, owing to the illness of one of Bowdoin’s lawyers.

    Prosecutors have said Bowdoin disguised ASD — an illegal securities business — as an “advertising” company. He also is accused of using ASD Ponzi proceeds to make campaign contributions to the National Republican Congressional Committee.

  • Florida Drops State-Level Pyramid Case Against AdSurfDaily; Says It Has Supplied Victims’ List To Claims Administrator For Restitution From Assets Seized By Secret Service In Federal Case

    Andy Bowdoin

    UPDATED 7:40 P.M. EDT (U.S.A.) Certain members of Florida-based AdSurfDaily began crowing last week that the office of Florida Attorney General Bill McCollum had dropped the pyramid-scheme case it had filed against ASD in August 2008.

    “The State of Florida has dropped all charges against Ad Surf Daily, Inc. This is wonderful news!” an email received by some ASD members exclaimed.

    Florida prosecutors, however, tell a different story.

    Although McCollum’s office confirmed today that the pyramid case has been dropped “without prejudice” — meaning it can be refiled — it noted that state investigators have forwarded a list of Florida victims of ASD to a federal claims administrator “for processing and reimbursement purposes.”

    Florida initially had sought restitution for victims, along with the dismantling of ASD. ASD essentially dismantled itself in September 2009 by not filing required forms with the state, which revoked its corporate registration. Less than four months later, in January 2010, the federal government was awarded title to more than $65.8 million seized in the case. The government earlier had been awarded title to more than $14 million. In March 2010, the government was awarded title to more than $600,000 that had been seized in a separate forfeiture action filed against ASD connected assets in December 2008.

    All in all, the federal government was awarded title to more than $80 million seized in the ASD case, gaining a clean sweep in the forfeiture proceedings.

    The U.S. Secret Service raided ASD on Aug. 5, 2008.  Florida followed up with a lawsuit of its own a day later, but federal prosecutors later said they intended to form a restitution pool from seized assets. That process now has begun, although ASD President Andy Bowdoin is appealing the January 2010 forfeiture order entered by U.S. District Judge Rosemary Collyer.

    In its paperwork to dismiss the pyramid case, McCollum’s office pointed to Collyer’s forfeiture order, saying ASD victims from Florida and elsewhere had been provided an opportunity for restitution by the federal government.

    On Sept. 28, 2009 — three days after Florida revoked ASD’s corporate registration and dissolved the registration of a shell company known as Bowdoin/Harris Enterprises — federal prosecutors filed a U.S. Secret Service transcript of a conference call ASD had recorded Sept. 21.

    In the call, Bowdoin told members that the government had seized their money. In his court filings, however, Bowdoin claimed the money was his.

    Federal prosecutors said the recording was evidence that Bowdoin could not keep his stories straight, arguing that he had told members one story and a federal judge another. Collyer issued the forfeiture order for more than $65.8 million less than four months later.

    Although an email some ASD members received in recent days claimed that “It looks like things are moving in the right direction” with the Florida dismissal, the email urged members to “only share this with those whom you trust.

    “Do not post on forums or blogs,” the email urged.

    Federal prosecutors noted last month that the U.S. Court of Appeals for the District of Columbia Circuit had dismissed one of two appeals Bowdoin had filed in the forfeiture cases, noting his second appeal was pending before the same court.

    The court should reject that appeal as well, prosecutors argued.

    With the federal procedure for restitution established, ASD victims now have a remedy for reimbursement, McCollum’s office advised a state judge.

    In late 2008, Bowdoin told ASD members that Florida had dropped “Ponzi scheme” allegations against the firm. McCollum’s office immediately countered with a statement that it never even had accused ASD of operating a Ponzi scheme, noting that it had alleged a pyramid scheme only.

    When Bowdoin made the 2008 claim, some ASD members raced to forums and websites to spread the news, which turned out not to be true. He later tried to sell members a VOIP telephone service, explaining the price he offered was a gift to his loyal supporters.

    Even as Bowdoin was telling members in September 2009 that he had big plans for ASD, he did not explain why he had permitted its corporate registration to lapse or explain that the state had revoked the registration.

    Instead, Bowdoin told members that the government had seized their money — a claim in opposition to his own court filings that advised a federal judge the seized money belonged to him.

  • Man Jailed For Ignoring Court Order In Puerto Rico-Based Envelope-Stuffing Scheme Targeting Spanish-Speaking Customers; Translators, Postal Inspectors Assisted In FTC Probe

    ponziblotterA man has been jailed for ignoring a court order in a civil case and continuing to operate an envelope-stuffing scheme from the area of Rio Grande, Puerto Rico, the Federal Trade Commission announced Dec. 23.

    Zoilo Cruz, also known as Zoilo Cruz Carrion, conducts business as International Marketing and Universal Wealth. The case was brought in San Juan by the FTC in U.S. District Court for the District of Puerto Rico in August 2008.

    Because the scheme involved both the Spanish and English languages,  a professional translation firm assisted in the probe. The U.S. Postal Inspection Service also assisted because the scheme involved mail.

    Among the allegations were that Cruz told prospects that they could make substantial sums of money by stuffing envelopes at home and that his company would provide stamped, addressed envelopes for them to stuff.

    Cruz charged a fee of $37 for customers to enter the program, according to court filings.

    Customers were deceived into paying the $37 by ads that suggested they could make between $690 and $2,760 a week, according to court filings.

    zoilocruzinternationalmarketing

    After customers paid the fee, International Marketing sent them a sales pamphlet, titled ‘Incredible Home Mailing Program (IHMP),’” the FTC said. The program was advertised in Spanish, but the pamphlet received by customers was in English-only.

    But language was not the only barrier customers encountered, the FTC said.

    Only after receiving the pamphlet were customers told that, “instead of receiving
    envelopes and payment from International Marketing for stuffing envelopes, consumers must engage in one of two marketing schemes, both of which involve publishing advertisements to sell the IHMP itself,” the FTC said. “In other words, each scheme aims to have consumers publish advertisements to sell the same pamphlet [Cruz] sent them (i.e., the IHMP) to other consumers.”

    Investigators said Cruz “kept up the scam despite a December 2008 court order that barred him from deceiving consumers and required him to close the post office boxes he used for taking orders.”

    In December 2008, U.S. Senior District Judge Jaime Pieras Jr. enjoined Cruz from breaking the law, finding that he had engaged in false and misleading business practices.

    “The pamphlet instructs consumers to advertise a work-at-home opportunity and provides consumers with sample advertisements that contain false and misleading earnings claims,” Pieras ruled.

    “[It] also instructs consumers to place a toll-free telephone number in the advertisement to receive inquiries,” Pieras continued. “The pamphlet provides consumers a script to use in recording a voicemail message. The script falsely states that one can earn money for stuffing envelopes and that the consumer leaving the message has been successful in earning money before he or she has earned any money at all.”

    As the investigation proceeded, the FTC determined that Cruz had made at least $64,496.51 from the scheme and used an account at Eurobank to deposit the proceeds.

    In June 2009, Pieras issued a judgment in the FTC’s favor for that amount, further ordering the restitution “immediately due and payable” from Cruz.

    “A federal court has jailed [Cruz],” the FTC said Wednesday.

    Here is an ad for the scheme that appeared in a Spanish-language newspaper:

    TRABAJE EN CASA – Le dedico mas
    tiempo a mis hijos todo los dias!
    Gane Dinero extra $500-$1,500.
    PO Box 43001 Dept. 486 Rio
    Grande PR 00745-6600 o a
    internationalmarketing123.com

    And here is the English-language translation:

    WORK AT HOME – I devote more
    time to my children every day!
    Earn Extra Money. $500 – $1,500.
    PO Box 43001 Dept. 486 Rio
    Grande PR 00745-6600 or at
    internationalmarketing123.com

    The translation service also translated the Spanish-language website to English, according to court filings.

  • EDITORIAL: In The Past 24 Hours On The PP Blog . . .

    Some things have happened here in the past 24 hours that deserve their own post and discussion thread.

    EXTREMELY NOTEWORTHY

    Poster “Tony H,” a longtime, thoughtful contributor, observed there could be more than one reason why some ASD members appear to be trying to discourage other members from filling out the government information form and claim form that will follow.

    “Perhaps the reason some ponzi promoters have been advising the flock not to file a claim is because the ponzi supporters have filed multiple claims themselves,” Tony said.

    Tony’s post struck us instantly as worthy of a wide-ranging discussion. Previously we noted that various bids to discourage ASD members from filing claims and cooperating with investigators smacked of a conspiracy to obstruct justice. We still believe that to be true.

    But, as Tony pointed out, the shenanigans may not begin and end there. If he is correct, one possible reason some ASD members are discouraging others from filing claims is to create a condition under which they can maximize their shares of the restitution pool at the expense of victims, thus fleecing them twice.

    If fewer people file claims, the pro rata shares of refunds from the government program would be higher. Beyond that, if an upline sponsor is discouraging downline members from filing individual claims by casting the government as evil, it could set the stage for all kinds of shenanigans.

    • Upline sponsors could gain disproportionate shares of the restitution pool because “Mom” and “Pop” in the downline — the real victims — became fearful of filing a claim.
    • Upline sponsors could be trying for reasons of self-interest to plant the seed that the sponsor has a duty to file a claim for the entire downline. Are some upline sponsors employing tactics of deceit, perhaps by saying things such as, “Don’t worry; I’ll fill out the form for you” or “Filling out the form only will get you in trouble” or “My downline members all agree that I’ll file the only claim and distribute refunds to members when I get the money from the government?”

    The rules suggest each ASD member is/will be required to file an individual claim through a process in forfeiture cases known as “remission.” Upline sponsors appear to have no authority to file claims for downline members.

    Because it is known that some downline members paid upline sponsors directly for “ad-packs” — as opposed to paying ASD itself for “ad-packs” — is is possible that some sponsors may try to manipulate members into not filing claims in a bid to keep the heat off the sponsors. Such direct sales by sponsors could affect a downline member’s standing in the case if the downline member cannot produce documentation that the purchase was made directly from ASD.

    This is troubling. As poster “dirty_bird” has noted, such devious upline tricks have been pulled in other dying Ponzi schemes — and ASD is known to have a good number of professional Ponzi promoters in the organization.

    We encourage readers to share their thoughts on this issue.

    NOTEWORTHY

    ASD mainstay Bob Guenther, de facto head of the ASD Members Business Association (ASDMBA), once again rattled the china when he bulled his way into a thread here.

    In one thread, Guenther said the government was capturing “personal information” from people who called the new Justice Department hotline for ASD or visited the website prosecutors set up for ASD victims.

    “So because the US Government sets up a hotline and a website, both of which will capture YOUR personal information, people think they will see a refund,” Guenther said.

    We wondered if it had not occurred to Guenther that victims in criminal cases all have to make a showing to receive justice. It’s one of the reasons rape cases often are particularly difficult to prosecute and why prosecutors set up information/support networks to aid victims through horribly painful ordeals.

    At the same time, we wondered why Guenther — who implies he can help ASD members get refunds faster than the government — suggested the government hotline was nefarious, that people should avoid it because of all the purported capturing of personal information.

    Perhaps the answer to that question can be found in yet another thread into which Guenther plowed. He reminded our readers that ASDMBA used “pressure” to gain a refund for an ASD member.

    “Let’s just say a little pressure was applied in the right places,” he said. Guenther was describing a case in which ASDMBA encouraged website visitors to “make Dan Trost’s life miserable until he refunds Mr. Smith’s $2,000.00 dollars.”

    For good measure, the ASDMBA website provided Trost’s postal address, email address and phone number, along with these instructions:

    Call, email and write this man until he gives Bill Smith, Jr. his $2,000.00,” the ASDMBA website instructed, on a page marked “Testimonials.”

    “With Unity there is Power,” ASDMBA instructed.

    People can get in trouble for engaging in threatening behavior and vigilanteism.

    NOTEWORTHY

    A poster, “Arnet,” pointed out that there seems to be a disparity between the amount ($93.5 million) the U.S. Secret Service listed as seized in the ASD case and the amount ($65.8 million) federal prosecutors said was seized from ASD President Andy’s Bowdoin’s bank accounts.

    Arnet noted the disparity is $27.7 million.

    We noted that Golden Panda also is part of the ASD case, and the total seizure listed from Golden Panda/ASD combined was $79.88 million. This takes the seeming disparity down to $13.62 million.

    But we also pointed out that perhaps no disparity exists because of reconciliations that occurred after the seizure. Some banks might have stopped payment on seized checks that had been deposited, for example.

    It’s also possible that no disparity exists because the ASD case is proceeding on two separate tracks — civil and criminal — and that the $93.5 million figure reported by the Secret Service reflects what is publicly known about the forfeiture case ($79.88 million) and an additional amount that is filed under seal in a criminal matter.

    It could be that $13.62 million — the difference between the amount published in the forfeiture case ($79.88 million) and the total seizure amount published by the Secret Service ($93.5 million) — is being held in a separate account in a case under seal.

    As we pointed out, we’re not sure precisely what accounts for the seeming disparity of $13.62 million. We believe it a virtual certainty, however, that no disparity actually exists.

    We believe the government will explain this issue in detail at an appropriate time. The investigation still is in progress. It’s important to remember it also involves the LaFuenteDinero autosurf, and that information concerning how LaFuenteDinero managed its operations and finances is particularly sketchy.