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Tag: Robert Guenther

  • Robert Guenther Named Defendant In Feb. 2 Shareholder Lawsuit That Alleges RICO Violations, Conversion, Unjust Enrichment, Fraudulent Transfer

    Robert Guenther and a woman referenced as “Jane Doe” are listed as defendants in a shareholder lawsuit filed Feb. 2 in Arizona by investors in Cheyenne Mountain Games (CMG) and Cheyenne Mountain Entertainment (CME).

    Guenther is the de facto head of the ASD Members Business Association (ASDMBA), an entity that came to life in the aftermath of the federal seizure of tens of millions of dollars from AdSurfDaily and a related company, Golden Panda Ad Builder. ASDMBA collected contributions from ASD members, saying it sought to protect their interests in the ASD litigation.

    Some ASDMBA members complained that its operations were less than transparent and that Guenther did not provide adequate accounting of how more than $100,000 collected through individual contributions was spent.

    Also named a defendant in the Arizona lawsuit was Jaffa Partners, a Texas entity with which Guenther is associated. The plaintiffs said they believed “Jane Doe” was Guenther’s wife. They are among more than 30 defendants listed in the case, which centers on alleged misconduct by Gary Whiting, a  CME executive.

    Guenther, “Jane Doe,” Jaffa and the other defendants are accused of RICO violations for “participating in a scheme or artifice to defraud”; conversion of assets and refusing to return the assets with an “evil mind”; unjust enrichment for “failing to pay” or provide consideration for assets; and fraudulent transfer/conveyance “with the actual intent to hinder, delay, or defraud.”

    CME and CMG are involved in the development of an online game known as “Stargate Resistance.” CME has declared bankruptcy amid a sea of allegations of mismanagement and financial manipulations by Whiting and financial manipulations by others that harmed shareholders, according to court filings.

    “Whiting has used CME and CMG as though they were his own piggy bank,” the shareholders alleged.

    Among the allegations are that CME stopped paying employees and that Whiting instructed company officers to stop paying payroll taxes, racking up more than $1.5 million in unpaid taxes. More than $3.8 million on other bills also were not paid, according to the shareholders.

    Whiting’s actions threatened the release of Stargate Resistance and the viability of the company itself, according to the shareholders.

    Side deals kept from shareholders diluted the value of shares, the plaintiffs claimed. They also claimed Whiting may have caused “listening devices” to be planted in CME’s offices in Arizona and telephone calls of key employees to be recorded without their knowledge or consent.

    In the ASD case, federal prosecutors alleged that the Florida-based company was a Ponzi scheme. After the seizure of ASD’s assets in August 2008, Guenther solicited contributions for ASDMBA.

    Some ASDMBA members demanded their money back, criticizing Guenther for rude and obnoxious behavior and claiming they had received nothing in return for their contributions. They also complained that Guenther did not disclose that he had a felony conviction for bank fraud.

    Guenther dismissed his critics as “left wing liberal no balled people,” calling one an “ignorant mouthy broad.” He also claimed ASDMBA was instrumental in returning money to ASD victims, saying the group retrieved funds for retired and active-duty police officers in Texas and California, and for a “high profile Dallas Cowboy” executive.

    ASDMBA’s website urged association members to make an ASD’s promoter’s life “miserable” until he returned funds due another member.

    Prosecutors filed a two forfeiture complaints against ASD and Golden Panda’s assets, saying they were in the process of establishing a compensation pool for ASD victims.

    Guenther’s name is not listed in court filings as a person empowered to return assets to ASD victims.

    Read the Arizona lawsuit filed by CME shareholders in which Guenther was named a defendant. The principal plaintiffs on behalf of shareholders are Keith Deering, Mark Renberg and Chris Lombardo, according to the verified complaint.

  • BREAKING NEWS: Friedman Warned Guenther About His Behavior Prior To Meeting With ASD Prosecutor, Document Says

    UPDATED 12:10 P.M. EDT (March 20, U.S.A.)

    NOTE: Though not related to the main post below, the government tonight responded to Curtis Richmond’s pro se filing in the ASD case. In the morning, we’ll publish a story on the government’s response to it and similar filings, rather than preparing another breaking-news story tonight. (Now posted here.)

    In essence, the government is arguing that Richmond’s filing and three other filings using the Richmond litigation blueprint will lead to justice being unconscionably delayed for many thousands of ASD victims and could result in manifest injustice for ASD members.

    Prosecutors also are well aware that ASD President Andy Bowdoin also now is filing his own pleadings, referencing them but not responding to them in tonight’s filings. It would not be surprising if the government takes the stand that Bowdoin’s filings are designed to delay justice. Pointedly, the government described Bowdoin as “apparently proceeding pro se,” a possible sign of developments to come.

    Tonight, Bowdoin appeared in a video, offering ASD members what he described as a way to get their money back by joining a new program called “Paperless Access.” Bowdoin appears to have shared ASD’s database with the company. Some ASD members were reacting with anger this evening, accusing Bowdoin of unrivaled, unmitigated gall.

    You can view the video here.

    Here, below, our earlier post . . .

    A document from the Dallas-based Friedman & Feiger law firm paints a picture of an out-of-control client who had to be told how to behave prior to a meeting with the lead prosecutor in the AdSurfDaily case.

    At the same time, the document also may raise questions about lawyer-client confidentiality.

    Although the document was dated Oct. 27, 2008, and addressed to Robert Guenther, the de facto head of the ASD Members Business Association (ASDMBA) Trust, Friedman’s client, it was mixed into a package sent Jack Arons.

    Arons, a Florida man, is being sued by Friedman for libel and slander. He said he received the document in both electronic and physical form from the law firm after being sued March 5.

    The document carries the signature of Friedman. A note at the top of the document says it was intended to be sent by fax to Guenther last October.

    It is unclear if Guenther received it.

    friedmanguentheroct27document

    Guenther and Friedman met with Assistant U.S. Attorney William Cowden the following month, in November 2008. Guenther has said he hoped to persuade Cowden to name Friedman’s firm receiver in the federal Ponzi scheme case against AdSurfDaily Inc.

    Guenther left the meeting without a deal and now is blustering at Cowden on the ASDMBA website.

    Arons said he thinks someone made a mistake.

    “When Larry sent me the court documents that was one of the files that was attached,” Arons said. “I think that he goofed. I also received a copy in the ones that he mailed to me later. So someone in his office screwed up.”

    Guenther was charged March 13 in Arizona with two felony counts of aggravated harassment. The action in Arizona did not stem from Guenther’s management of ASDMBA.

    At one time, Guenther used the ASDMBA website to cross-promote both ASDMBA and mmoguls, a gaming opportunity affiliated with Cheyenne Mountain and Affiliates. Cheyenne Mountain obtained a restraining order against Guenther for workplace harassment.

    He violated the order as many as five times, which led to the March 13 charges, police said.

    Arons has been a critic of both Guenther and Friedman over their handling of ASDMBA matters.

    Why the document was contained in the packages Arons received is unclear.

    In the document, Friedman told Guenther that “you need to stop threatening physical violence and, for that matter, stop threatening people altogether.

    “Making threats over the Internet and across state lines probably violates numerous state and federal laws,” the document advised.

    The document specifically warned Guenther, prior to the meeting with Cowden, that “nothing you send or say to Cowden is protected by the attorney-client privilege or any other privilege or exception.”

    At the same time, it warned Guenther “not to do anything to impede the federal government’s investigation whatsoever with whatever you are doing.”

    “Impeded” is a word Guenther used in a post three days ago at the ASD-Biz Forum, when he meant to say “embedded.”

    “You need to stop saying bad things about people on conference calls, or on the Internet,” the document warned. It specifically advised Guenther to apologize to two ASD members who raised the prospect of suing Guenther.

  • BREAKING NEWS: Bob Guenther Charged With Two Felony Counts Of Aggravated Harassment In Arizona

    UPDATED 2:12 P.M. EDT (U.S.A.) Bob Guenther, a mainstay in the AdSurfDaily case and the de facto head of the ASD Members Business Association (ASDMBA) Trust, has been charged with two felony counts of aggravated harassment in Maricopa County, Arizona.

    Mesa, Arizona, police said Guenther repeatedly violated a court injunction for workplace harassment that prohibited him from nuisancing Cheyenne Mountain and Affiliates, an Arizona business.

    Despite the injunction, Guenther continued to contact Cheyenne Mountain in a manner that “harassed or threatened” the company, police said.

    Guenther violated the court order both by email and telephone, police said. An infraction that occurred via telephone was recorded and placed into evidence.

    “[Guenther] is being charged with aggravated harassment because of the multiple violations of the injunction,” police said. The investigator handling the case said in court documents that up to five separate violations of the order occurred and that Guenther “continues to violate this injunction.”

    The case is being prosecuted by the office of Maricopa County Attorney Andrew Thomas. Charges were filed March 13. Guenther is scheduled to make a court appearance April 14.

    Read the criminal complaint for aggravated harassment against Guenther.

    Guenther is the de facto head of ASDMBA, a group funded by members with the expectation that their legal interests would be protected in the AdSurfDaily Ponzi scheme case. Federal prosecutors seized tens of millions of dollars from ASD in August, saying the company was selling unregistered securities and engaging in wire fraud and money-laundering.

    ASDMBA members said Guenther has refused to provide transparent accounting for ASDMBA, instead engaging in profanity, threats and menacing behavior. In recent days, Guenther has claimed that someone was impersonating him on the ASD-Biz forum, a discussion site for ASD and ASDMBA members and people interested in the case.

    Guenther deleted his account at the forum, an act that also deleted his posts. He then established an account under a different user name. Within hours threats and hostile language appeared under his new forum identity.

    Here is a post claimed by Guenther that appeared yesterday at the ASD-Biz Forum (italics added):

    Ill tell you how you move on, you can kiss your ASD money goodbye…

    None of you 10-12 idiots deserve a fricking thing but a butt kicking, certainly not my time

    Arons, Ill see your dumbass in court. You are a piece of work rookie, and when I finish with you, there wont be a place you can hide, and that’s after Friedman..

    This is Bob Guenther, my assistant, Maria will not waste her time again in this pissy room full of wanna-be’s, weak sucks, and overweight nagging women..

    You dont like what I say, do something about it besides talk.. Bunch of weaks sisters.

    The “Arons” to whom Guenther referred was Jack Arons, a Florida man named a defendant in a slander and libel lawsuit filed earlier this month by Dallas-based attorney Larry Friedman.

    Friedman is the attorney for the Trust and was was introduced to ASDMBA members by Guenther. Some ASDMBA members said they had turned to the Texas Bar and the office of Texas Attorney General Greg Abbott to investigate the Trust.