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Tag: U.S. Attorney Ronald C. Machen Jr.

  • UPDATE: Oscar Ramiro Ortega-Hernandez, Accused White House Shooter, Charged With Attempted Assassination Of President; Obama Allegedly Described By Suspect As ‘The Devil’ And The ‘Anti-Christ’ — A Person Who Needed To Be Killed

    Oscar Ramiro Ortega-Hernandez: Source: U.S. Park Police.

    Oscar Ramiro Ortega-Hernandez has been charged by the FBI with attempting to assassinate President Obama by firing repeated rounds from a car at the White House after dark and then fleeing the Veterans Day shooting scene in Washington.

    Ortega-Hernandez, 21, of Idaho Falls, Idaho, also is known as Oscar Ramiro Ortega. He was arrested in western Pennsylvania on Wednesday and made a preliminary court appearance in Pittsburgh yesterday. The case against him was filed in Washington, and he’ll be returned there to face the charges. (Demonstrating that it’s a small world and that judges have overlapping duties and encounter cases of all types, the arrest warrant for Ortega-Hernandez was issued by the same U.S. Magistrate Judge in the District of Columbia who issued the seizure warrants in the August 2008 AdSurfDaily Ponzi case. Meanwhile, the U.S. Secret Service is involved in the Ortega-Hernandez prosecution, as is the office of U.S. Attorney Ronald C. Machen Jr. The Secret Service and Machen’s office also are prosecuting the ASD case. )

    An FBI agent who prepared the affidavit noted that investigators had found witnesses at the shooting scene — and also had interviewed Idaho witnesses who know Ortega-Hernandez. One witness, according to the affidavit, told investigators that the suspect had come to believe that the government was conspiring against him.

    The same Idaho witness told investigators that Ortega-Hernandez wanted to “hurt” Obama and referred to him as “the anti-Christ.” Another witness, relating a conversation about Ortega-Hernandez, said that Ortega-Hernandez had been heard expressing that he “needed to kill” the President.

    Yet another witness told investigators that Ortega-Hernandez claimed Obama was “the devil” and that that Ortega-Hernandez was “preparing for something” and would not stop “until it’s done.”

    Ortega-Hernandez, according to the affidavit, told the witness that Obama “needed to be taken care of.”

    Investigators said a witness told them that Ortega-Hernandez owned a black gun with a “huge butt” — and that the gun was missing from the bedroom of Ortega-Hernandez when he left Idaho last month driving a black Honda Accord. The gun was described by another witness as a black “AK-47-like gun” with a “scope-like thing” on top.

    A witness in Washington observed shots being fired toward the White House “through the passenger-side window” of a dark car that had stopped in front of her. The car then sped away, according to the account of the witness in the affidavit. Another witness described hearing approximately eight sounds of a “popping noise” coming from the car and observing “puffs of air” coming from the passenger side.

    Ironically, police found the car abandoned on the lawn of the U.S. Institute of Peace. A witness in that area said the operator of the car fled on foot after trying to restart it. Inside the car, a black Honda Accord in which Ortega-Hernandez was one of two registered owners, investigators found a Romanian Cugir SA semiautomatic assault rifle with a large scope, three magazines loaded with cartridges and “several additional boxes” of ammunition.

    They also found a hooded jacket emblazoned with the letters “LA, ” a baseball bat, brass knuckles,  and a sales receipt from a Walmart in Fairfax, Va. The receipt was dated Nov. 11 — the day of the shooting — at “approximately” 5 p.m. Investigators went to Walmart and retrieved the surveillance video, which revealed Ortega-Hernandez had been inside the store wearing the “LA” jacket at roughly 5 p.m., according to the affidavit.

    Authorities did not describe what Ortega-Hernandez had purchased at Walmart.

    Investigators discovered that police in Arlington County, Va., had encountered Ortega-Hernandez and his car about six hours earlier — at 11 a.m. — after receiving a report about a suspicious person. Arlington police recorded the plate number of the Honda Accord and took photos of Ortega-Hernandez.

    Although Arlington officers sought permission to search the car, Ortega-Hernandez refused, the FBI said in the affidavit.

    Six hours later, Ortega-Hernandez was at the Walmart — and four-plus hours after that, he was opening fire at the White House after dark and speeding away, according to the affidavit. Sunset in Washington on Nov. 11 occurred at approximately 4:57 p.m. ET. The shots rang out at approximately 9:04 p.m., according to the affidavit.

    Investigators found nine spent shell casings in the car, according to the affidavit. Because Ortega-Hernandez apparently was wearing the “LA” attire prior to his alleged 5 p.m. Walmart visit, it seems possible that one part of the ongoing probe will focus on what he purchased at the store and what he did for the next four-plus hours before opening fire.

    Investigators found “several confirmed bullet impact points” at or above the second story of the White House, according to the affidavit. The First Family’s living quarters are on the second and third stories.

    Although the President was not home at the time of the shooting, the White House is occupied around the clock. Whether other members of the First Family were home is unclear. What is clear is that investigators believe Ortega-Hernandez had contempt for the government in general and Obama in specific — and opened fire on the White House from an automobile and made sure he had plenty of ammunition and a means of getting away

    Two assistant U.S. Attorneys from Machen’s office supervised the preparation of the documents that led to the issuance of the arrest warrant for Ortega-Hernandez. The FBI agent who prepared the affidavit has more than 15 years’ experience in law enforcement and was assisted in the early hours of the probe by the U.S. Secret Service, the U.S. Park Police and other agencies, according to the affidavit.

     

  • HAVE THE ‘GAMES’ BEGUN? AdSurfDaily Members Todd Disner, Dwight Owen Schweitzer File Lawsuit Against Government That Claims Undercover Agents Violated Firm’s Terms Of Service; Federal Prosecutors Say Money Was Seized Properly With Valid Warrants

    UPDATED 11:27 P.M. ET (U.S.A.) In May, an email attributed to AdSurfDaily member Todd Disner declared, “Let the games begin!” The remark was in the context of a lawsuit Disner and fellow ASD member Dwight Owen Schweitzer intended to file against the United States once ASD members chipped in enough money to fund the complaint.

    Those games apparently have begun with the filing today of a pro se “complaint for declaratory relief” by Disner and Schweitzer in the Southern District of Florida against the United States and Rust Consulting Inc., the government-approved claims administrator in the civil-forfeiture portion of the ASD Ponzi case.

    The lawsuit asks a federal judge in Florida to find that the seizure of assets and business records belonging to Disner and Schweitzer was “illegal and void” and demands their return. It also asks the judge to order Rust to “disclose all information in its possession or available to it pertaining to” Disner and Schweitzer.

    Among the claims in the lawsuit are that undercover agents from a U.S. Secret Service/IRS Task Force who joined ASD prior to the seizure of tens of millions of dollars from the bank accounts of ASD President Andy Bowdoin violated ASD’s Terms of Service and had a duty to report their alleged TOS violations, including the insertion of an agent’s undercover “MySpace” page in ASD’s advertising rotator, to the company.

    Rust is headquartered in Minnesota. Although the complaint named the United States a defendant alongside Rust, the address listed for the United States by Disner and Schweitzer was the address of the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia.

    Disner, an unsuccessful pro se litigant in the ASD civil case brought by the government, is a co-founder of the Quiznos sandwich franchise. He lives in Miami. Schweitzer, a former attorney, also lives in Miami. The government’s case against ASD-related assets was filed in the District of Columbia in August 2008. Disner was denied standing in the District of Columbia on Aug. 31, 2009, more than two years ago.

    Among other things, Disner and Schweitzer claim their private records as contained in ASD’s database were confiscated illegally by the government. They also claimed  an affidavit filed in the forfeiture case by the U.S. Secret Service was flawed and that the government hired Rust to implement a remissions program “designed to collect evidence and coerced admissions from the plaintiffs to be used by the government” at the criminal trial of ASD President Andy Bowdoin.

    Federal prosecutors in the District of Columbia — the venue in which both the criminal and the civil cases against Bowdoin and ASD-connected assets were filed — had a different take.

    “The funds in this case were seized under properly issued judicial warrants,” Machen’s office said today. “Beyond that, the U.S. Attorney’s Office has no comment on the matter at this time. ”

    Puzzlingly, the complaint filed by Disner and Schweitzer and recorded on the docket of U.S. District Judge Cecilia M. Altonaga today makes the assertion that “To date the plaintiffs are unaware of any remission payments having been made and specifically the plaintiffs were unable to get the information required for their submissions, all of which are still in the possession of the government.”

    On Sept. 22 — more than six weeks ago — the PP Blog reported that thousands of ASD members who filed approved remissions claims would receive back 100 cents on the dollar. Members reported that the money was deposited electronically into their bank accounts beginning on Sept. 23. On Sept. 26, the government announced that $55 million was being returned, with the Secret Service describing ASD as a “criminal enterprise” and the Department of Justice describing the ASD scheme as “insidious.”

    In a Sept. 28 email, even Bowdoin acknowledged that he was aware the government had returned money to members through the remissions process. Among other things, the ASD patriarch claimed the government had forced members to lie to receive compensation.

    Disner and Schweitzer not only claim in their complaint that they are “unaware” of any money being returned, they also claim the remissions program was designed to “prevent, hamper and forestall the return” of funds.

    Meanwhile, Disner and Schweitzer claim that ASD was a profitable venture, in stark contrast to assertions by the government that ASD was insolvent because it created a liability of $1.25 for each dollar it took in through the sale of purported “advertising.”

    Disner and Schweitzer also took issue with government agents joining ASD and allegedly violating the ASD membership agreement, including an undercover agent who placed his undercover “MySpace” page in ASD’s advertising rotator. In August 2008, the government alleged that “ASD did not require, or even verify that the agent “had any product or service to sell.”

    Had the agents “lived up to the obligations they took on by becoming members of ASD they should have reported their own violations of the ASD terms of service with the result that the sites they foisted upon ASD would have been removed and the benefits to them as advertisers’ would be forfeited as the ASD rules mandated,” Disner and Schweitzer argued.

  • EDITORIAL: Bogdan Fiedur Of AdLandPro’s Deplorable Bid To Chill RealScam.com In The Age Of International Mass-Marketing Fraud

    A few weeks prior to the Aug. 1, 2008, seizure of tens of millions of dollars in the personal bank accounts of AdSurfDaily President Andy Bowdoin, Bowdoin apparently believed it prudent to plant the seed that the ASD autosurf had amassed a giant pot of cash and would use it to “hammer” critics. His willfully blind followers helped spread the word on forums that ASD detractors soon would feel the sting of being sued back to the Stone Age.

    Here, according to federal court filings, is what Bowdoin told ASD members at a company rally in Miami on July 12, 2008:

    “These people that are making these slanderous remarks, they are going to continue these slanderous remarks in a court of law defending about a 30 to 40 million dollar slander lawsuit. Now, we’re ready to do battle with anybody. We have a legal fund set up. Right now we have about $750,000 in that legal fund. So we’re ready to get everything started and get the ball rolling.” (Emphasis added.)

    Bowdoin thuggishly suggested that ASD had hired a law firm and that the firm was experienced at “bringing the hammer down on people that need it.” It is worth noting that federal prosecutors included the remarks attributed to Bowdoin in a document labeled “Government Exhibit 5.”

    Meanwhile, it’s also worth noting that “Government Exhibit 1” consisted of the 2006 SEC complaint against 12DailyPro that accused the firm of operating an autosurf Ponzi scheme. It was the government’s way of showing that autosurfs such as ASD rely on willfully blind promoters to proliferate. “Government Exhibit 2,” meanwhile, was the SEC’s 2007 complaint against the PhoenixSurf autosurf. The inclusion of this exhibit was another way to show willful blindness.

    One of the interesting things about the PhoenixSurf complaint was that it referenced Virtual Money Inc., which federal prosecutors in Connecticut later linked to alleged money-laundering by a narcotics cartel in Medellin, Colombia.

    Robert Hodgins, the operator of Virtual Money, is an international fugitive wanted by INTERPOL. ASD also used Virtual Money, according to promos for the firm. In December 2010, federal prosecutors said ASD also had a tie to E-Bullion, a shuttered California payment processor whose operator was accused (and convicted) of arranging the brutal slashing murder of his wife in a Greater Los Angeles parking garage. ASD also had a link to E-Gold, a processor convicted in a money-laundering conspiracy case. So did PhoenixSurf.

    “Government Exhibit 4” in the August 2008 ASD Ponzi case consists of surveillance photos taken in ASD’s hometown of Quincy, Fla. The date upon which the photos were taken is unclear, but it is known that the U.S. Secret Service began to investigate ASD on July 3, 2008, a little more than a week before the Miami rally.

    The entry of the Secret Service in the ASD case fundamentally sent two signals: The U.S. government believed its financial infrastructure might be under attack by an organization — ASD — that was trading on the name of the President of the United States. The SEC has said nothing about the ASD case — at least not in public. Bowdoin was indicted on criminal charges in December 2010. If he is convicted on all counts, the man who once claimed to have a giant pot from which he could draw to “hammer” critics could face up to 125 years in federal prison, fines in the millions of dollars and forfeiture orders totaling at last $110 million.

    In the earliest days of the ASD probe, at least three media outlets — including a local newspaper, a Blog and a regional publication — were threatened with lawsuits. Bowdoin ended up suing no one. In fact, within months he was consumed by litigation directed at him from virtually all fronts. Multiple civil-forfeiture complaints were filed, as was a racketeering lawsuit. These things occurred as a criminal investigation was unfolding slowly.

    For all these reasons and more, Bogdan Fiedur — and members of the AdLandPro online “community” — should perform a sober assessment of Fiedur’s recent threat to sue RealScam.com, an antifraud forum.

    Threats to sue journalists, media outlets, forums, Blogs and other websites that publish information about online schemes are bids to chill speech. These bids are occurring as an epidemic of white-collar crime and securities fraud is sweeping the globe during a period in which government budgets are strained and literally thousands of fraud investigations are under way that reach into all corners of the world.

    It is clear that online fraud is responsible for billions of dollars in global losses. These worlds are exceptionally murky. No one knows for certain where the money goes when fraud schemes disappear — as they so often do. It is equally clear that criminal puppeteers behind the schemes are taunting investigative agencies. From the standpoint of the U.S. government, the government and financial institutions are facing attacks of thousands of tiny cuts.

    Lanny Breuer, the head of the U.S. Department of Justice’s Criminal Division, testified on Capitol Hill yesterday that the “convergence of threats” posed by transnational organized crime is “significant and growing. ”

    “Transnational organized crime is increasing its subversion of legitimate financial and commercial markets, threatening U.S. economic interests and raising the risk of significant damage to the world financial system,” Breuer told the Senate Judiciary Subcommittee on Crime and Terrorism.

    Despite worldwide headlines of one massive fraud scheme after another — and despite the fact that the financial lives of real human beings in all corners of the world are being reduced to rubble by serial Ponzi schemers and scammers — Bogdan Fiedur is threatening to sue RealScam.com.

    At a minimum, it is a PR blunder of the highest magnitude. Bowdoin made the same mistake. So did Data Network Affiliates (DNA), a purported business “opportunity” associated with serial huckster Phil Piccolo, who once planted the seed that, if lawsuits didn’t work, he knew the type of people willing to break legs to silence critics. One apologist for Piccolo and DNA planted the seed that a former federal prosecutor, federal judge and director of the U.S. Department of Homeland Security was a suspect in the 9/11 terrorist attacks.

    It doesn’t get much more bizarre than that — unless one is willing to consider that Bowdoin now is trying to raise funds for his criminal defense on Facebook and claiming that God established a program known as OneX to help him do just that.

    OneX is among the “programs” promoted by members of the AdLandPro “community” — as were ASD and Finanzas Forex (and many others) before it.

    And yet Fiedur apparently believes he can chill RealScam.com into stop doing what it does by registering a domain titled “RealScamClassActionSuit.com.”

    Inverting reality, the purported class-action site ventures that “RealScam encourages cyber-bullying and cyber-stalking by allowing the creation of anonymous accounts and by allowing the users to present of (sic) unproven accusations towards individuals of their targeted organization. The RealScam.com turns out to be just a harassment and bashing site with no verification of facts and indiscriminate attacks at anyone who looks like an easy target.”

    It’s easy to imagine Andy Bowdoin or Phil Piccolo saying the same thing — while doling out accolades to the AdLandPro “community” for its excellent judgment about the types of “programs” the world’s masses should be joining.

    “The wealth generated by today’s drug cartels and other international criminal networks enables some of the worst criminal elements to operate with impunity while wreaking havoc on individuals and institutions around the world,” Breuer of the Justice Department observed yesterday. “Generating proceeds often is only the first step — criminals then launder their proceeds, often using our financial system to move or hide their assets and often with the help of third parties located in the United States. Indeed, international criminal organizations increasingly rely on these third parties and on the use of domestic shell corporations to mask crimes and launder proceeds under the guise of a seemingly legitimate corporate structure.”

    And then Breuer asked the Senate panel to enact legislation that would strengthen money-laundering and asset-forfeiture laws and broaden the federal RICO statute.

    Whether the Senate — and the Congress as a whole — will listen is unclear. What is clear is that, at least in the context of online fraud schemes, victims are piling up in numbers that America’s largest sports stadiums cannot accommodate. Losses are in the billions. Vast sums of wealth have been taken from rightful owners and placed in the hands of criminals.

    It is simply beyond the pale that Fiedur asserts that RealScam.com is a menace, when it is one of the few sites in the world that tasks itself with exposing the menace of international mass-marketing fraud that occurs over the Internet.

    One final thing worth mentioning: A few weeks before Breuer ventured to Capitol Hill to testify before the Senate panel, he carried out another important public duty.

    On Sept. 26, Lanny Breuer joined U.S. Attorney Ronald C. Machen Jr. in announcing that ASD victims who filed successful remissions claims in the civil Ponzi case were getting $55 million back.

    “We will continue to use every tool at our disposal to bring justice to the citizens defrauded by these insidious schemes,” Breuer said.

    Get a clue, Mr. Fiedur.

    Visit RealScam.com.

  • SPECIAL REPORT: Email Encourages AdSurfDaily Members To Identify Federal Prosecutors, Federal Judge And Secret Service Agent As ‘DOJ Thieves’ In County-Level Filings — And To Send ‘Certified Copy’ Of Claims To Home Address Of Chief Justice Of The United States

    AdSurfDaily figure Kenneth Wayne Leaming, also known as "Kenneth Wayne" and "Keny."

    EDITOR’S NOTE: A week after the U.S. Department of Justice, the U.S. Secret Service and federal prosecutors in the District of Columbia put $55 million from civil judgments back in the pockets of AdSurfDaily members as the criminal prosecution of ASD President Andy Bowdoin continues, a new effort by some ASD members to undermine the credibility of public officials by describing them as thieves who are encouraging ASD members to lie appears to be under way. Whether the government is taking extra security precautions in the ASD case is not known. The U.S. Marshals Service and the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia did not respond immediately to the PP Blog’s requests for comment on this story. The Blog was unable today to contact the Public Information Office of the Supreme Court for comment.

    UPDATED 8:10 A.M. EDT (OCT. 3, U.S.A.) Is a purported “sovereign citizen” whom records show filed an involuntary bankruptcy petition against the Washington State Bar Association in 2009 that claimed he was owed an outstanding debt of more than $32 billion now leading an effort to destroy the reputations of public officials involved in the AdSurfDaily Ponzi case?

    On Saturday, two ASD members confirmed to the PP Blog that they had received copies of an email that encouraged them to identify federal prosecutors and a federal judge in the District of Columbia — as well as a U.S. Secret Service agent — as “DOJ thieves.”

    The email accused prosecutors of running a “scam” against Florida-based ASD and encouraged ASD members to file an “affidavit” with their “county recorder” that would name the prosecutors, the judge and the Secret Service agent as criminals. It further encouraged members to send a “notary certified copy” of their claims to the home address of John G. Roberts Jr., the Chief Justice of the United States.

    Why members were encouraged to send documents to Roberts at his home address was unclear. Roberts, 56, is the nation’s highest ranking judicial officer and is chief judge of the U.S. Supreme Court.

    In the email, ASD members were further encouraged to send certified copies of their “DOJ thieves” claims to U.S. Attorney General Eric Holder and the “RUST Group.” Rust Consulting Inc. is the government-approved remissions administrator in the ASD Ponzi case. Federal prosecutors last week released $55 million seized by the Secret Service, and Rust deposited the money into the bank accounts of about 8,400 ASD members who filed approved remissions claims in the case.

    ASD members who participated in the remissions program would be “coerced” into lying by prosecutors to put Bowdoin in prison, according to the email.

    If they did not “TESTILIE” — a new phrase that marries the words “testify” and “lie” and apparently means misrepresent their testimony at prosecutors’ requests — they will “be put into prison for false claims and fraud,” according to the email.

    “MARK MY WORDS,” the email emphasized in all-caps. The word “TESTILIE” also was capitalized in the email, quotes from which were attributed to ASD figure “Keny.”

    “Keny” is the nickname of ASD figure Kenneth Wayne Leaming. Leaming has been identified by the Anti-Defamation League as a so-called “sovereign citizen.”

    Records in Washington state identify Leaming as one of two persons who filed an involuntary bankruptcy petition against the Washington State Bar Association (WSBA) in 2009 that claimed a debt against the association of “US$32,091,000,000.00.”

    The petition against the bar association was filed on Oct. 12, 2009. WSBA moved within days to have the petition dismissed and for sanctions against Leaming. Leaming moved for a continuance and to have the judge removed, according to records. The judge denied both the continuance bid and a motion styled “Notice of Duty to Recuse,” and the case was dismissed on Oct. 23, 2009. A judgment of $2,750 was entered against Leaming, and he was enjoined “forever from filing a bankruptcy petition or any other pleadings before this court without the advance leave from one of the bankruptcy judges of this court.”

    Also during the month of October 2009 — while the involuntary petition against WSBA was in the courts — Leaming filed a petition to place Franciscan Health Systems, a community hospital in Washington state, in involuntary bankruptcy. That petition also was dismissed.

    Records in Pierce County, Wash., show that Leaming filed a purported lien for $9.24 billion against the hospital, seeking to attach “all tangible and intangible property” of the facility, including its fixtures, furnishings, motor vehicles, bank accounts, passbooks, saving certificates, stock certificates, lines of credit, inventories, promissory notes, office equipment, educational equipment — and even its mineral and water rights.

    Leaming and ASD figure Christian Oesch sought last year to file a lawsuit apparently seeking $29 trillion against the United States for the government’s actions in the ASD case. Leaming’s company — American-International Business Law Inc. — is referenced in the April 8, 2011, Congressional Record as the filer of an unspecified claim against the United States.

    At least two notaries public associated with Leaming have had their licenses revoked, according to records.

    Some ASD members have been associated with a practice that has been called “paper terrorism.” The practice is designed to chill litigation opponents and create inconvenience for public officials such as judges and prosecutors by making them the targets of vexatious litigation pleadings or other documents designed to nuisance them.

    Here are the comments attributed to “Keny” in the email ASD members reported receiving yesterday on the heels of the remissions payouts by the government last week. (Italics added.)

    SCAM by DOJ …. By accepting these funds, they claim to be ASD/Andy’s VICTIMS (NOT DOJ victims) who will be required to testify that they were victims of ASD/Andy if they don’t want to be arrested and prosecuted for perjury /false claims. It will totally bury Andy.

    As a “victim refund” they will now be coerced into testifying that they were a victim of Andy, not the DOJ, and unless they TESTILIE claiming that Andy scammed them, they will be put into prison for false claims and fraud. MARK MY WORDS.

    They MUST (within 72 hrs) acknowledge “receipt of the funds stolen by the DOJ, and specifically (name the ss agent, us attys, and judge as the DOJ thieves), and do so in affidavit form, filing a certified copy into public records (county recorder, etc,) and sending a notary certified copy to Eric Holder, DOJ, and the Chief Justice (Roberts) of the Supreme Court of the United States (at home), and to the RUST Group.

    ALSO, maybe close out with “Claimant hereby conditionally waives any punitive and/or exemplary and consequential damages claims in the event the funds taken are returned to me within 30 days of (NAME OF AGENT/OFFICER) receiving this claim.”

    “Keny”

    Whether the government has taken or will take extra security measures because of the strange nature of the ASD case was not immediately clear. There have been repeated attempts for months by some ASD members to discourage ASD members from filing for remissions from proceeds seized in the Secret Service’s ASD Ponzi probe and to cast prosecutors, investigators and judicial officers as corrupt.

  • MAJOR DEVELOPMENT: AdSurfDaily Remissions Payments Will Be 100 Cents On The Dollar; ‘Thousands’ Of Payments To Go Out; ‘Overwhelming Majority’ Of Claims Approved; Members React With Joy

    “Thousands” of AdSurfDaily Ponzi victims with approved claims will receive remissions payments of “100 percent” in the coming days, a source familiar with the process tells the PP Blog.

    It is quite rare “to have a remissions program that comes back with 100 percent,” the source said.

    The claims process was administered by Rust Consulting Inc. of Minnesota. The process was coordinated by the U.S. Department of Justice, the U.S. Secret Service and the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia.

    After three long years waiting for the process to be finalized after two forfeiture appeals by ASD President Andy Bowdoin and attempted pro se interventions by dozens of members who claimed the government was the bad guy, ASD members who stuck with the process expressed joy.

    “YAYAYAYAY!” exclaimed one. Another characterized the news as “amazing.”

    A small percentage of ASD members who filed claims will not receive compensation because they failed to demonstrate a loss, the source said.

    An “overwhelming majority” of claims were granted, the source said. Court records show that about 11,000 people filed claims.

    Payments are expected to begin within 15 days. The money will be deposited electronically into the accounts of ASD members whose claims were granted.

    In 2008, Bowdoin compared the prosecutors in the case to “Satan.” Other ASD members described the U.S. Secret Service as “Nazis” and “goons.” A poster on the now-defunct Surf’s Up forum said that the lead prosecutor in the case should be placed in a medieval torture rack and that ASD members should draw straws to determine who received the honor of carrying out the torture.

    A federal judge was called “brain dead” if she did not agree with ASD’s side of the case, and a purported “prayer” was circulated among ASD members calling for the prosecutors to be struck dead. One prosecutor was described derisively as “Gomer Pyle,” and rumors were unleashed on the Surf’s Up forum that the government had admitted secretly that ASD was not a Ponzi scheme.

    Some ASD members encouraged others not to file for remissions. Those who ignored the advice and were able to demonstrate a loss now will receive back 100 cents on the dollar.

    Remissions payments will be made from funds seized by the U.S. Secret Service in the earliest days of the ASD probe more than three years ago.

    Bowdoin filed appeals in the forfeiture cases, but lost. He is now soliciting funds to pay for his criminal defense to charges of wire fraud, securities fraud and selling unregistered securities.

    Some ASD members ignored the seizure and a parallel criminal investigation. They immediately joined other autosurfs, HYIPs and cash-gifting programs, claiming they were excellent ways to make up their ASD losses.

    In a March 2009 letter to ASD members on the Surf’s Up forum, Bowdoin chided prosecutors and the Secret Service, claiming his pro se filings in the civil portion of the case “should really get their attention.”

    A month later — in April 2009 — prosecutors revealed in a final response to a series of pro se pleadings by Bowdoin that Bowdoin had signed a proffer letter in the case and acknowledged that the government’s material allegations were all true.

    Bowdoin acknowledged in his own court filings that he had given information against his interests and had met with prosecutors over a period of at least four days in late 2008 and early 2009. In January 2009, he abandoned the forfeiture cases, releasing his claims to the seized money “with prejudice.”

    By the end of February 2009, however, Bowdoin reentered the case as a pro se litigant, claiming later that his decision was driven by a “group” of ASD members. He did not identify members of the group.

    ASD is known to have so-called “sovereign citizens” in its ranks.

    Bowdoin has not referenced the proffer letter in his fundraising bid. Nor has he referenced a racketeering lawsuit filed against him in January 2009 by some members.

    It was not immediately clear how many members destroyed their chances to receive remissions after coming under the influence of various crackpot theories spun by certain ASD members. One of the theories held that all commerce is lawful if a contract exists. Another held that members should include notes on the claims forms that explained Bowdoin was conducting business lawfully.

    Another theory held that the government had invested approximately $80 million seized in the case, had earned a return in excess of  $1 billion — and that prosecutors were partying with the money. Still another held that a federal judge was conspiring with another federal judge to deny ASD justice and that at least one of the judges was guilty of 60 felonies.

    Yet another theory held that ASD members should not cooperate with investigators and should not file remissions forms.

  • Attorney General Visits U.S. Attorney’s Office In District Of Columbia To Commemorate 10th Anniversary Of 9/11 Attack; Justice Department Dedicates National Security Conference Room In Memory Of Barbara Olson, Terrorist Victim And Former AUSA

    EDITOR’S NOTE: The U.S. Attorney’s Office for the District of Columbia brought both the civil and criminal prosecutions in the AdSurfDaily Ponzi case. In 2008, ASD President Andy Bowdoin compared prosecutors in the office to “Satan,” saying that what happened to ASD was “30 times worse” in some ways than what happened on Sept. 11, 2001. The 9/11 attacks killed nearly 3,000 people.

    Barbara Olson, a former assistant U.S. Attorney (AUSA) in the District of Columbia office, was killed on 9/11 when American Airlines Flight 77 — the plane she was aboard — slammed into the Pentagon. Today the Justice Department dedicated a national-security conference room in the D.C. office in her memory.

    Olson was 45 at the time of her death. She was the wife of former U.S. Solicitor General Theodore Olson.

    Here are the remarks U.S. Attorney General Eric Holder delivered today in the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia. Holder once was U.S. Attorney for the District of Columbia.

    Attorney General Eric Holder

    Thank you, Ron [Machen], for your kind words, and for your outstanding leadership of an office that is very special to me – and an essential part of our nation’s Department of Justice.

    As Ron just mentioned – and as many of you remember firsthand – I once had the privilege of leading this office. I understand the unique jurisdiction, and the vital national security prosecutions, that place you at the center of the Justice Department’s efforts to protect the safety of the American people. In a very real sense, you serve on the front lines of this fight. You’re helping to advance our most critical priorities. And you’re doing extraordinary work.

    Let me assure you – Ron never misses an opportunity to brag about his team, and to tell me just how much you’re accomplishing. Especially as we commemorate the tenth anniversary of the most devastating terrorist attacks ever carried out against the United States, it’s clear that this work – your work – has never been more important, or more urgent.

    That is one of the lessons of September 11th, 2001 – a day that transformed our entire nation and touched each of our lives. And I know that many of you experienced the human cost of 9/11 in a deeply personal – and painful – way.

    The nearly 3,000 innocent victims of 9/11 included a remarkable, and cherished, alumna of this office. Some of us had the chance to work with Barbara Olson – to learn from her example, and to count her as a friend. She reached many others with her professional commentary, her bestselling books, and the enduring impact of her contributions.

    Barbara was a wonderful woman – a dedicated public servant, a brilliant attorney, and a loving wife. As an AUSA in this office, and throughout her career, Barbara proved that her convictions ran deep, and that her fidelity – to the values she held dear, the principles she fought to defend, and the countless people whose lives she touched – was unshakeable.

    On the morning of September 11th, 2001, Barbara boarded American Airlines Flight 77 – which soon was hijacked by five al-Qaeda terrorists, and plunged into the western side of the Pentagon.

    Like so many others on that fateful day – in Arlington, Virginia; in my hometown of New York; and in a field outside of Shanksville, Pennsylvania – Barbara’s life was cut tragically short.  But – one decade later – as we gather to reflect on the events of 9/11, and to remember those who were taken from us so suddenly, I believe that – thanks to the heroic efforts of so many law enforcement officers and military service members; the vigilance of dedicated public servants like you; and the extraordinary resilience that the American people – today, our nation is not only safer, but stronger, than ever before.

    Despite the best efforts of our enemies, our resolve has never wavered or weakened. Our commitment to doing not just what is necessary, but what is right – to protect the safety and the civil liberties of those we serve – remains certain. And, over the last 10 years, we have proven this nation’s ability to respond to terror threats, but never – never – to submit to them.

    That’s why, at its core, the anniversary we observe every September 11th is about far more than the buildings that our enemies brought down, or the damage that they inflicted on our fellow citizens. It’s about honoring the heroism we witnessed. It’s about offering our strongest support to law enforcement officers, military service members, and the families of every victim. And it’s about renewing our commitment to upholding the uniquely American values that have always defined and strengthened this great nation.

    In this spirit – and in honor of our fallen colleague – I am proud to join you in dedicating a national security conference room to Barbara’s memory, here in the critical office where she once served.

    As we carry on her work – and build on the record of achievement that each of you has helped to establish – let us draw inspiration from all those who have dedicated their lives to the service of others, and whose memories remind us of the quiet power of compassion, patriotism, and selflessness that shone through the smoke and the wreckage of 9/11.

    These values have always given our nation strength – even in our darkest moments. Let us continue to honor them. And let us continue our work to ensure that – in our own time and in the work of future generations – the lessons of September 11th, and the rich legacies of those we lost, will never be forgotten.

    Thank you.

  • BULLETIN: ASDCashGenerator Website Is Active Again; Is A New ‘Program’ In The Offing? Page Is Accessible Through Old ASD Ad That Features Image Of Purported Club Asteria Owner; No Comment From Investigators

    This old ad for AdSurfDaily features an image of Hank Needham, the purported owner of Club Asteria. An ASD affiliate link in the ad summons ASD’s old ASDCashGenerator.com URL, which went dormant after the federal raid on ASD’s Florida headquarters in August 2008. In recent hours, however, the old ASDCashGenerator URL began to resolve to an apparent new business opportunity known as Ad Sales Daily International. Needham’s one-time tie to ASD leads to questions about whether Virginia-based Club Asteria, through Needham or ASD downline members, could have benefited from ASD cash prior to the federal seizure of tens of millions of dollars from the personal bank accounts of ASD President Andy Bowdoin nearly three years ago. The Club-Asteria domain name was registered in June 2009, the same month an autosurf with ASD connections known as AdViewGlobal collapsed. Club Asteria’s domain now is registered behind a proxy, but once was registered to Needham, according to web records.

    BULLETIN: (UPDATED 9:36 P.M. EDT (U.S.A.) A website identified in a 2008 forfeiture complaint as the site of a major financial crime allegedly engineered by AdSurfDaily President Andy Bowdoin and unidentified co-conspirators is active again and appears to be redirecting traffic to an entity named “Ad Sales Daily International” (ASDI) and a second entity known as ASD2Day.

    “Make $10 per direct referral & $5 for every 2nd level indirect!” the site exclaims. “Recieve (sic) $2000 Account Initiation Credits! Hurry, while we are in pre-launch.”

    A spokesman for U.S. Attorney Ronald C. Machen Jr. in the District of Columbia declined to comment on the development, saying that ASD is part of an active investigation.

    The ASDI site is accessible through an affiliate link to Bowdoin’s old ASDCashGenerator.com site, which appears to have been re-registered in the name of Barbara Cruz, whose name previously has appeared in the context of ASD. The PP Blog accessed the ASDI site by clicking on an old ASDCashGenerator affiliate link . The link was within an ASD ad from 2008 that featured an image of Club Asteria’s purported owner Hank Needham.

    The ASD ad with Needham’s image positioned ASD as a “Perfectly Credible Business” and included a contact email address that used the characters “ptigold.” The ASD ad, however, does not load Needham’s name as an ASDI affiliate when the link is clicked. Instead, it loads the name of another individual. The reason was not immediately clear.

    This page for ASDI, an apparent upstart, is accessible when a link is clicked in an old ad for Andy Bowdoin's ASD Cash Generator program. The old ASD ad features a photo of Hank Needham, the purported owner of Club Asteria, but the ad does not load Needham's name as an ASDI affiliate when the link is clicked. Instead, the ad loads the name of another person. The reason was not immediately clear. Bowdoin is under federal indictment for wire fraud, securities fraud and selling unregistered securities. Questions have been raised about whether Club Asteria also was selling unregistered securities as part of a purported "passive" investment program.

    A separate link within the ad with Needham’s image forwards to a page that displays pornography ads.

    All or part of the old ASDCashGenerator site appears to be redirecting to the domain name of ASD2Day.com. In 2009, the ASD2Day site was registered with Cruz listed as the contact person at an address in Florida that state investigators had tied to a major insurance scam. Although Cruz now is listed as the registrant of the ASDCashGenerator site, the ASD2Day site is registered in the name of another individual.

    In October 2009, the PP Blog published a story about the ASD2Day site, which was making odd claims about the state of the ASD litigation a year after the federal seizure of Bowdoin’s assets and assets linked to Golden Panda Ad Builder, an autosurf implicated by the U.S. Secret Service in the ASD probe.

    ASD2Day.com claimed, among other things, that ASD could not be a Ponzi scheme because the script employed by the autosurfing firm could not be programmed to permit a Ponzi scheme to occur. It also made a puzzling claim that U.S. District Judge Rosemary Collyer was on an Aug. 28, 2009, deadline “to determine if the US Attorney General’s case against ASD should move forward.” (Also see this story and comments thread.)

    Collyer was on no such deadline. In January 2010, Collyer issued a forfeiture order that awarded $65.8 million seized from Bowdoin’s bank accounts to the U.S. government, which is using the seized money to compensate victims of ASD. In July 2009, Collyer issued a forfeiture order for more than $14 million linked to Golden Panda, ASD’s one-time purported “Chinese” option.

    The ASD ad that featured Needham’s image also made a veiled reference to Golden Panda.

    A section of the ad read, “OPENING IN CHINA[:] July 2008.”

    Undercover agents from a Secret Service/IRS task force began to investigate ASD and Golden Panda on July 3, 2008, according to court filings. The court process of seizing cash linked to both entities began on Aug. 1, 2008, with the issuance of seizure warrants.

    It appears to be the case that all old ASD Cash Generator affiliate links, including the links in the ad that featured Needham’s photograph, now load the new ASDI webpage at the old ASD Cash Generator URL.

    Claims made about Club Asteria are under investigation by Italian authorities. Club Asteria first slashed payouts to members then reportedly suspended them for 60 days. The firm also reportedly has had its PayPal account frozen.

    Like ASD, Club Asteria was promoted on Ponzi scheme forums such as TalkGold and MoneyMakerGroup.

    In a video dated July 8, a Club Asteria executive claimed the firm had “a philanthropic foundation both domestically and internationally where we help causes all over the world.”

    Among the claims in the video, which appeared online after Club Asteria reportedly suspended payouts, was this one:

    “We donate cows and pigs and water buffaloes and camels to help families all over the world.”

    Virginia-based Club Asteria trades on the name of the World Bank. Members said payments came from an entity known as Asteria Holdings Limited (Hong Kong) — before the payments stopped.

    One of Club Asteria’s principal concerns, according to a new video, is children.

    Investigators long have fretted that some promoters of online business “opportunities” simply race from fraud scheme to fraud scheme, collecting commissions for introducing others to “programs” that prove to be scams.

    Like the now-collapsed AdViewGlobal (AVG) autosurf, Club Asteria has blamed its reported problems on members. AVG had promoters and members in common with Bowdoin’s ASD, which the Secret Service described as a massive international Ponzi scheme.

    Among other things, AVG plucked the heartstrings of members by telling them that the company was interested in saving the rain forest.