Tag: Texas Bar

  • NEWS ANALYSIS: The Problem With Guenther’s ‘Secret’ Code Word (And Other Oddities About The AdSurfDaily Case)

    Bob Guenther has told the Mods and members of the ASD-Biz forum that his previous “Bob Guenther” account had been “compromised.” He announced that he had deleted the “Bob Guenther” account and now would embed a secret code word in posts under his new forum identity, so members would know he was the actual author of posts and not a hacker using his identity to post.

    Under the new forum identity “Robert L,” Guenther said he came to the conclusion that someone had hacked his old account after “in depth investigation” revealed “[s]omeone had accessed my account, had my email and my password.”

    Meanwhile, in an unrelated but equally strange development, a poster at the Surf’s Up forum threatened to beat up ASD President Andy Bowdoin for lying to him.

    “[I]f I ever see you face to face I will knock the f— out of you,” the poster said. “I met you and had breakfast with you and you lied to my face on that Sunday in [M]iami . . .”

    Miami was the site of a July 12 ASD rally — a rally attended by federal agents working undercover.

    Bowdoin was 74 at the time federal agents seized tens of millions of dollars from the firm a few weeks after the Miami rally, in the opening days of August. The poster who threatened Bowdoin also appears to be a senior citizen. Earlier discussion in the forum suggests the man lost $52,000 by trusting Bowdoin.

    The Surf’s Up post, which stood for hours, now has been deleted. The man’s wife, who also appeared to be a senior citizen, was pictured alongside him in a loving pose. Some seniors are none too happy with Andy Bowdoin. The threat, however, was excessive.

    No good can come through violence, suggestions of violence or menacing behavior. The man, who said he lives in California, made no threat to travel to Florida to harm Bowdoin.

    The ‘Secret’ Code

    At roughly the same time Guenther was deleting his old account at the ASD-Biz forum and announcing his secret code, he also was sending an email to this Blog. We deem the email menacing and convoluted.

    Guenther is the de facto head of the ASD Members Business Association (ASDMBA) Trust, the subject of some recent posts on this Blog and elsewhere on the Web.

    All of Guenther’s old posts at the ASD-Biz forum were wiped away when he deleted his account, including threatening posts and posts that triumphantly announced a slander and libel lawsuit against Florida resident Jack Arons by Dallas-based attorney Larry Friedman, who is the attorney for the Trust.

    Bob Guenther introduced Larry Friedman during an ASDMBA conference call last year while ASDMBA was solicting funds to protect contributors’ interests in the ASD case. Friedman now blames Arons for stirring the pot online and encouraging people to file complaints about his handling of the Trust’s affairs, claiming Arons is a felon and a menace.

    Links to the slander and libel lawsuit were posted in the ASD-Biz forum under the “Bob Guenther” identity, which now is wiped away. Also wiped away were goonish threats from “Bob Guenther” that Friedman would sue other people.

    Here are two questions an investigator might ask if considering recent developments concerning Guenther:

    • Who could derive a benefit from the claim the “Bob Guenther” identity at the ASD-Biz Forum was compromised by a hacker?
    • Who could derive a benefit by deleting the “Bob Guenther” account and thus deleting the posts associated with it?

    Friedman immediately should fire the Trust as a client and disassociate himself from Bob Guenther. He also should report this matter to law enforcement. These acts are disturbing and too unnatural to ignore.

    Some people said they saved copies of the old posts, anticipating that the account might go missing. Some ASDMBA members said they filed complaints with the Texas Bar and the office of Texas Attorney General Greg Abbott about the manner in which the Trust’s affairs have been handled.

    Secret code? Guenther could post something inflammatory, not include the secret code — and then claim someone else is the author because the post didn’t include the secret code.

    A secret code is proof of nothing. The notion itself strains credulity at a level that cannot be ignored.

    Along those lines, a claim by Guenther that he was at a volleyball tournament in Dallas “about the time” an unauthorized poster was using his old forum account and claiming to be heading to Mexico also is proof of nothing. A poster in Dallas could claim to be posting from Mexico. So could a poster from Arizona, at a location near the border with Mexico. (As noted in a previous post, in January we captured an Arizona IP address of Guenther’s near the Mexico border.)

    Guenther explained that he hadn’t been to Mexico since 2003 and that “[a]nyone that actually knows me, also knows why.” Again, however, the claim proves nothing . Even a person who claims not to have been in Mexico since 2003 could claim to be posting from Mexico — or anywhere.

    Restraint is not a word we associate with Guenther.  His lack of restraint is what is driving one of the stories associated with the federal probe into the business affairs of AdSurfDaily Inc. (ASD).

    Within hours of establishing a new posting identity at the ASD-Biz forum, Guenther was back to threatening people with lawsuits.

    Guenther is the de facto head of the ASD Members Business Association (ASDMBA) Trust. As noted above, ASDMBA was formed with member contributions in the aftermath of the government seizure last summer of tens of millions of dollars from ASD. Federal prosecutors say ASD was selling unregistered securities, operating a Ponzi scheme and engaging in wire fraud and money-laundering.

    ASDMBA’s stated goal was to protect the legal interests of ASD members who contributed to the association. People concerned want to know why that hasn’t happened, despite the fact ASDMBA raised more than the $100,000 said to be needed to pay for the retainer of Larry Friedman.

    In our view, Guenther has a duty to explain precisely to ASDMBA members from whom money was collected how the money was spent. If he chooses not to do so, he should have no expectation that ASDMBA members will stop asking questions.

    Something this basic should not be difficult or painful. In fact, publishing a detailed accounting is the quickest way for Guenther to disarm his critics. Concerned ASDMBA members want sunlight, the best disinfectant. What they’re getting is rudeness, hostility, profanity, tirades, threats and juvenile insults — and now secret codes.

    What they’re not getting is sunlight.

    Friedman should drop the slander and libel lawsuit against  Jack Arons. The filing of the lawsuit was repugnant, especially under these bizarre conditions.

    Arons, on Social Security, is an amateur Web critic with a fly swatter. Friedman met Arons with a Howitzer, suing him in a blitz of paperwork and then trying to force Arons to appear in Dallas for a deposition at Arons’ expense with three days’ notice.

    It was disgraceful, the stuff from which lawyer jokes are born. All of it flowed from ASDMBA’s lack of transparency. If anything, Arons owes Friedman an apology — if even that.

    Friedman has considerable stature in the Dallas legal community — and every right to defend his reputation. This lawsuit doesn’t help. Nor does the behavior of the Trust and its de facto head, Bob Guenther.

    Guenther needs people to believe in him now, and he’s doing very little to give them any reason to.

  • Purported ‘Guenther’ References Arons’ Young Daughter

    UPDATED 12:44 P.M. EDT (U.S.A.) A person purporting to be “Bob Guenther” referenced the 6-year-old daughter of Jack Arons in a post at the ASD-Biz Forum yesterday. The reference was beyond the pale and easily could become yet another matter sprouting from the AdSurfDaily case for law enforcement to investigate.

    The language from the posting is reproduced verbatim below. We took a screen shot and reduced its size to fit into the border of this column.

    “Rookie,” the poster wrote in a message directed at Arons. “Look around you, the Fat Ladies have been singing all day,, See you in court dude, and how old ios that adopted daughter, Texas Court my friend, welcome to the real world…”

    Here is the screen shot:

    guentheraronssmall

    A poster purporting to be Guenther has a history of making menacing comments, including threats to visit people at their homes.

    In an odd twist yesterday, a self-described, purported “30 something female” began to post under the  “Bob Guenther” account at the ASD-Biz forum. The purported female appeared to champion “Bob Guenther.”

    Like “Bob Guenther,” though, the purported female couldn’t resist including a passive-aggressive rant, saying the female posters at the forum needed to watch their diets, start working out “and find a man…. You obviously don’t get out much and need a lot more than a computer can provide…”

    Owing to what we view as an implicit threat against the family of Jack Arons and others, we have made the decision to publish an IP address we have associated with a poster who identified himself as Bob Guenther in January. The comment to this Blog was submitted and published on Jan. 16.

    Here is the IP address: 72.165.15.198. It resolves to Dana Park Office Center in Tucson, Arizona. Over the weekend, the person at the ASD-Biz forum purporting to be Guenther suggested he was near Mexico and planned to travel there. The geographic location to which the IP resolves is near Mexico.

    Meanwhile, this Blog received an email — as distinguished from a comment left on the Blog — from a person who identified himself as “the ‘infamous’ Bob Guenther” yesterday. Given recent developments and a pattern that suggests Bob Guenther routinely engages in menacing behavior, we have made the decision not to respond to the email.

    ASD-Biz members reacted with anger at the post referencing Arons’ daughter. Dallas attorney Larry Friedman sued Arons last week, asserting libel and slander for comments Arons allegedly had made on the Internet.

    The person purporting to be Guenther in the forum announced the Friedman lawsuit in two threads and provided links to PDFs of the documents.

    Friedman is an attorney for the ASD Members Business Association (ASDMBA) Trust. Bob Guenther is the de facto head of the Trust. Posters at ASD-Biz viewed the lawsuit as an attempt to chill speech. Prior to the lawsuit, some ASDMBA members said they had filed complaints against Friedman with the Texas Bar and Texas Attorney General Greg Abbott.

    The lawsuit against Arons followed. Posters at the ASD-Biz forum say Guenther appears to be trying to spread the chill. Forum posters said they would not be silenced by threats.

    Some posters said they intended to file complaints today.

    After threatening additional lawsuits at the ASD-Biz forum — and after an editorial that ran on this Blog appeared over the weekend — the poster purporting to be Guenther at the ASD-Biz forum then appeared at least briefly to switch courses.

    Instead of threatening lawsuits, the person purporting to be Guenther appeared actually to encourage members to file complaints with authorities.

    In one post, the person purporting to be Guenther provided a link to Abbott’s office, the office of Florida Attorney General Bill McCollum and the Internet Crime Complaint Center. At the same time, in an apparent jibe, the poster also provided a link to PETA, People for the Ethical Treatment of Animals.

    The poster then provided a link to the office of Sen. John Cornyn, and then implied he had inside connections in Abbott’s office.

    “By the way if you want to call Greg Abbott, I have his direct line and that of his assistant, would you like that too,” the purported Guenther wrote.

  • Jacks Arons Purportedly Sued By Larry Friedman

    UPDATED 12:40 P.M. EST (U.S.A.) A person posting as “Bob Guenther” at the ASD-Biz forum reports Jack Arons, a mainstay in the AdSurfDaily case and a driving force behind an effort to get the ASD Members Business Association (ASDMBA) to provide a verifiable accounting of association spending, has been sued by Larry Friedman for slander and libel.

    Arons also was accused of defamation, business disparagement and tortious interference. Arons said he had not yet been served. The case was filed in Texas, Friedman’s home. Arons lives in Florida.

    The claim was made under a headline titled “Jack Arons Sued, Served and Shut Up, Finally . . .” The purported author was Bob Guenther, known for a lack of decorum.

    Some ASDMBA members have been encouraging others to file complaints against Friedman with the Texas Bar for his handling of ASDMBA’s affairs. Others have suggested that complaints should be filed with the office of Texas Attorney General Greg Abbott.

    Friedman is an attorney for ASDMBA, which is not associated with AdSurfDaily Inc. ASDMBA was formed in August in the aftermath of the seizure of tens of millions of dollars from ASD amid allegations of wire fraud, money-laundering, selling unregistered securities and running a $100 million Ponzi scheme.

    Some ASDMBA members have demanded Bob Guenther provide a straightforward accounting of how the association spends its money. Members said they believed Friedman would file a lawsuit to protect their interests, but no lawsuit has been filed to date.

    Guenther has served as a spokesman for ASDMBA, sometimes catching the ire of ASDMBA members for what they describe as his use of menacing or threatening language and refusal to provide a detailed accounting of how ASDMBA spends its money.

    “Anyone involved with his illegal activities or false accusations may suffer the same consequences,” the poster claiming to be Guenther said. Arons was referred to as “Rookie” in a separate post.

    The lawsuit described Arons as a felon and a vigilante and a menace who has damaged Friedman’s reputation.

    Why ASDMBA has not produced the type of accounting that would ease members’ concerns is unclear. Also unclear is why litigation ASDMBA members said they were expecting hasn’t been filed. The dispute has been raging for weeks.

    ASDMBA has been collecting money for months. At least one member who contributed funds went on to file his own motion in the ASD case — a motion not related to ASDMBA, but one that used the Curtis Richmond litigation blueprint. Richmond is associated with a sham Utah “Indian” tribe known for filing vexatious litigation.

    Months after ASDMBA began collecting money — and while it still was collecting money — a prominent Washington, D.C., law firm brought a class-action lawsuit against AdSurfDaily, accusing it of racketeering. Three ASD members were named the original plaintiffs.

    ASDMBA members who’d been wondering since August when the association litigation would be filed once again complained about being left on the sidelines. They cite confusion over how ASDMBA money is being spent and the association’s litigation plan.

    In what some ASDMBA members described as a bid to chill speech and undermine their efforts to have authorities investigate Friedman and ASDMBA, the lawsuit seeks a temporary restraining order. Among other things, the complaint seeks to restrain parties from “filing false complaints with state agencies against F&F [Friedman & Feiger] and encouraging or duping ASDMBA investors to file false complaints to state agencies or other entities.”

    A judge purportedly has granted the restraining order.

    It is illegal to file false complaints, and people can be charged criminally and sued civilly for doing so. It’s hard to imagine any jurisdiction that discourages or bans the filing of truthful complaints.