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Tag: Todd Disner

  • OBTAINED: Draft Of Complaint Some AdSurfDaily Members Say They’ll File Against D.C. Prosecutors In Florida; ‘Let The Games Begin!’ Declares Prospective Pro Se Litigant. Document Leads To Questions About Whether ASD Had A Special Class Of Members

    Dear Readers,

    We are plugging our nose as we publish this document (link at bottom of post). You should know up front that we converted the document to PDF format after receiving it in Microsoft Word format. We did so based on the belief that many readers may not own Word but likely have a free PDF reader among the programs on their computers.

    We obtained the document from a source. An email introducing the document prompted recipients to “Please forward this to as many of our people as you can.”

    The PDF conversion altered the format of the original document, causing certain typesetting errors to appear — but the text content of the body of the document is unchanged. We did not edit the body text in any way.  For the sake of convenience, we named the PDF file declaratoryreliefdraft.

    The Word original is titled “T&D v USA UNITED STATES DISTRICT COURT.” It purports to be a draft of a “Complaint for Declaratory Relief” some AdSurfDaily members say they intend to file in U.S. District Court for the Southern District of Florida. The document lists ASD members Todd Disner and Dwight Owen Schweitzer as pro se plaintiffs.

    It is unclear if other plaintiffs will emerge. Previous ASD pro se litigants appeared to have shared  a do-it-yourself litigation template. U.S. District Court for the District of Columbia was inundated with ASD-related, pro se filings in 2009.

    No other plaintiffs are listed in the caption of the draft. The defendant is listed as:

    THE UNITED STATES OF AMERICA
    c/o United States Attorney’s Office
    555 Fourth Street N.W.,
    Washington, DC 20530

    The address is the office of U.S. Attorney Ronald C. Machen Jr. No individual defendants are named. The document, which references U.S. District Judge Rosemary Collyer of the District of Columbia, misspells her name as “Collier.”

    Disner lost a pro se round in the civil forfeiture complaint against Andy Bowdoin’s assets filed in the District of Columbia in August 2008. His petition — and the petitions of dozens of other ASD pro se filers who sought to intervene in the case amid claims the government “confiscated” their assets “wrongfully” — was denied for lack of standing.

    In the original set of pro se pleadings in Collyer’s D.C. court, former Assistant U.S. Attorney William Cowden’s last name was misspelled as “Crowden.”

    ASD President Andy Bowdoin advised Collyer in a sworn affidavit nearly three years ago that the seized assets in the U.S. Secret Service probe belonged to him or ASD, not individual members. In short, Bowdoin agreed with the prosecution’s view of the case with respect to the ownership of the seized assets.

    In its current form, the draft appears to advance the notion that individual ASD members can gain standing in Florida after having been denied in the District of Columbia, get a judgment against the government and undo the government’s remissions program organized by the Secret Service and federal prosecutors in the District of Columbia. Prosecutors have said the ASD Ponzi scheme case may have 40,000 or more victims.

    Among other things, the draft asks a Florida federal judge to declare that the government conducted an “illegal search and seizure in that it failed to meet the requirements of the fourth amendment to the United States Constitution and that therefore the search and seizure of their assets was illegal and void.”

    At the same time, the draft appears to suggest ASD had a subset of members who should have been treated differently than ordinary members whose lives were altered by the alleged Ponzi scheme. Meanwhile, the draft makes a puzzling argument that ASD’s Terms of Service superseded federal law.

    (In this snippet from the draft, the PP Blog added the emphasis to this Blog post.)

    “Among the items seized were the accounts, funds and records specifically identified as belonging to the plaintiffs which were separately accounted for on the computer programs and data seized as they were members of ASD, having bought ad packages as specified in the rules and regulations of the ASD business model,” a section of the draft complaint reads.

    “Consistent with the rules and regulations applicable to the plaintiffs’ their information was confidential and could only be accessed by them through the use of their password protected account with ASD and their accounts were separate and distinct from any other individuals or businesses who were participants in the ASD advertising program,” the section claimed.

    If the document does get filed in a final form — and if the U.S. Attorney’s Office in D.C. gets served and files a response — we sincerely hope the government moves instantly to protect ASD victims at large from further restitution delays caused by pro se sideshows.

    Make no mistake: This is gamesmanship.

    An email currently circulating among ASD members and attributed to Disner even describes it as such.

    “Let the games begin!” the email declares.

    It’s as though the first round of games were not enough for some ASD members.

    “Here is a draft of the complaint Dwight finished today,” the email, which is dated today, reads.

    “I think you will be impressed.

    “We will schedule another conference call to field any “feed back” to this motion.
    “Please forward this to as many of our people as you can. (As I know you will)
    “BEST OF LUCK TO US ALL!!”
    _________________________________________________________________________
    Click here to read the PDF, which was converted from Word by the PP Blog.

    Patrick

  • SPECIAL REPORT: U.S. Counter-Terrorism Unit Intercepted Communication From Person With AdSurfDaily Ties In 2009; Intended Recipient Was Imprisoned Felon Associated With Scheme In Which Prospects Were Told They Could Rip Off Government’s Medicaid Program

    EDITOR’S NOTE: Lower in this story, the names of AdSurfDaily President Andy Bowdoin and other individuals appear. They are NOT the individuals referenced in the government communiqué described below.

    UPDATED 12:50 P.M. ET (U.S.A.) The name of a person known to have used at least two names and to have AdSurfDaily ties appears in a law-enforcement communiqué issued in 2009 by the counter-terrorism arm of a U.S. government agency that employs a method of monitoring both domestic extremists and individuals with known links to international terror groups, the PP Blog has learned.

    At least one communication from the person was intercepted by the government and used as part of a raw intelligence report that includes summaries on the actions of dozens of individuals with alleged ties to al-Qaida, Hezbollah or homegrown extremist groups in the United States. The communication does not reference ASD, but includes a reference to a second person known to have an ASD tie.

    The sender of the communication was described as a provider of fraudulent documents typically associated with tax schemes operated by antigovernment extremists. Meanwhile, the intended recipient was an individual known to have promoted various forms of financial fraud, including a scheme in which prospects were told they could qualify for Medicaid by hiding assets and making themselves artificially poor.

    Medicaid is a federal health-services program for low-income Americans. It is administered by the states.

    The PP Blog established the identities of both individuals with ASD ties by examining a variety of public records and other documents.

    ASD's Andy Bowdoin

    Neither person is in state or federal custody, but it is clear that both the federal and state governments are aware of their activities and have worked to disrupt them. The intended recipient of the communication is in federal custody for a crime unrelated to ASD.

    Both individuals with ASD ties have a tie to a third person with ASD links, according to the Blog’s analysis of records.

    Owing to the sensitive nature of the communiqué, the Blog is declining to identify the individuals with ASD links and the agency. It also is declining to publish specific details such as quoted material, dates, times, telephone numbers and addresses. The communiqué demonstrates that the United States has identified particular areas in which it believes terrorism could fester and is monitoring oral, electronic and printed communications in a specific context.

    The communiqué devotes more than a full page to the topic of the communication intercepted from the individual with ASD ties.

    Based on its research, the Blog is reporting today that the person with ASD ties whose communication was intercepted is an American believed to have ties to a network of domestic extremists immersed in a sea of organized corruption. The person has an arrest record for a nonviolent crime, but also has been associated with bids to intimidate people and cause them financial harm. Records show that the person has used at least two names.

    News of the disturbing developments comes even as some ASD members are blindly asserting that ASD was a wholesome enterprise and making broad claims that any ties to terrorism have been ruled out. ASD has been implicated in an alleged international Ponzi scheme that gathered at least $110 million.

    Despite an alleged concession by ASD President Andy Bowdoin that the company was operating illegally and a new assertion by the government that Bowdoin and unnamed “others” ventured to Costa Rica in the spring to 2008 to get the lay of the land for an upstart “autosurf” enterprise, some members are soliciting funds to challenge a U.S. Secret Service affidavit that led to the seizure of tens of millions of dollars from Bowdoin’s personal bank accounts in August 2008.

    Bowdoin’s own bid to challenge the affidavit failed in November 2008, more than two years ago.

    In December 2010, federal prosecutors asserted that ASD had the ability to accept money from e-Bullion, a shuttered California payment processor whose operator — James Fayed — has been charged with arranging the contract murder of his wife.

    Pamela Fayed, who was stabbed to death in a parking garage, was a potential witness against her husband. James Fayed is believed to have used e-Bullion to facilitate multiple Ponzi schemes, including a scheme hatched by a New York man — Abdul Tawala Ibn Ali Alishtari — who later pleaded guilty to financing terrorism.

    Like ASD’s Bowdoin, Ali Alishtari claimed to have received an important award for his business acumen. And Ali Alishtari’s scheme, known as FEDI, was pushed by an individual convicted in a separate Ponzi scheme and sentenced to federal prison. Payments from the scheme were called “rebates,” the same terminology adopted by ASD to describe payments to members.

    “In enriching himself, Alishtari displayed a deliberate disregard for the financial and personal security of others,” U.S. Attorney Preet Bharara of the Southern District of New York said in September 2009.

    e-Bullion’s name also is referenced in court filings in the Gold Quest International (GQI) Ponzi scheme, which gathered up to $29 million, according to U.S. and Canadian regulators. GQI, which operated from Las Vegas, falsely claimed to be immune to U.S. law and to enjoy purported “sovereignty” extended by a North Dakota  “Indian” tribe.

    One of the unusual elements of the GQI case was a claim that the purported sovereignty was portable, shielding the purveyors from prosecution anywhere.

    A New Plan To Do Battle With The Government

    ASD member Todd Disner, one of dozens of unsuccessful pro se litigants in the civil portion of the ASD case in U.S. District Court for the District of Columbia, now wants ASD members to come up with money to fund a lawsuit in Florida that would challenge the U.S. Secret Service affidavit in the District of Columbia that led to the seizure of $80 million in the ASD case, according to a recording of a Feb. 22 conference call.

    “We were dragged down the river by our government agents, and the rest is history,” Disner told listeners.

    “There might be an opportunity for us to throw a few punches of our own,” Disner said. “We’ve been on the ropes for three years now, and we’d like to start swinging back if we could.”

    The opportunity to battle back after a fatiguing and demoralizing three years on the ropes would cost ASD members a combined total of about $10,000, according to people who listened to the call.

    After the call, some ASD members received an email that purported that an ASD “terrorism connection has been ruled out.” The email, sent by an ASD member who did not use a full name, did not describe who within the government had ruled out a terrorism link.

    Disner, who claimed he was “excited” about the prospect of suing the government to overturn the ASD forfeiture, also claimed he’d been advised on the complex legal issues by Dwight Schwetizer, whom he described as a fellow ASD member, friend and “very accomplished attorney” who is “not practicing law now.”

    “They’re just going to try and try to keep that money,” Disner asserted. “They seized the money improperly, and if they release it then everybody’s included.”

    The government, however, already has put in place a restitution program that would compensate crime victims from seized funds. An apparent linchpin of the new strategy outlined by Disner is a theory that the government restitution program somehow opens the door for ASD members not only to reverse the judicially declared forfeiture, but also to receive damages for an unwarranted government intrusion. Schweitzer also provided commentary on the call.

    For its part, the government says ASD was engaging in felonious wire fraud and securities fraud by disguising itself as an “advertising” business while operating a $110 million Ponzi scheme from Florida that had affected tens of thousands of people globally. Just last week prosecutors advised a federal judge that Bowdoin, who was arrested in December, had ventured to Costa Rica in the spring of 2008 to look for a way to start an offshore Ponzi scheme.

    Disner’s conference call was held just a few days after the latest damaging claims against ASD became public. The government filed the new claims against ASD on Feb. 18, the same day it announced a major prosecution against an alleged Costa Rican money-laundering operation that was accused of engaging in international securities fraud and siphoning millions of dollars in penny-stock schemes.

    The U.S. government, using its individual agencies and the Financial Fraud Enforcement Task Force created by President Obama in 2009, has been targeting various forms of fraud, including HYIPs, penny-stock capers, Forex schemes, tax schemes and domestic and offshore crime targeted at U.S. citizens.

    In some cases, victims have been counted by the tens of thousands — enough to fill the nation’s largest sports stadiums. ASD was purported to have 120,000 members.

    Some ASD members have called for a “militia” to storm Washington, D.C. Others have called for a federal prosecutor to be placed in a medieval torture rack. Still others have called for prosecutors and investigators to be charged criminally and sued civilly for their efforts to disrupt what the government has described as a classic Ponzi scheme operated by Bowdoin, a recidivist felon.