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Tag: William Cowden

  • BULLETIN: Bowdoin Blames Lawyers, Continues To Fight

    UPDATED 6:34 P.M. EDT (U.S.A.) AdSurfDaily President Andy Bowdoin has informed a federal judge that he intends to continue to fight the civil forfeiture case.

    Bowdoin has filed a five-page affidavit in which he claims his defense counsel lied to him and manipulated him, prosecutors asked him “to provide statements which I did not believe to be true” and that he revealed “significant information against my interest.”

    Bowdoin said a grand jury convened in May 2009. Part of Bowdoin’s affidavit appears either to be missing or to have been reproduced out of order, but the document suggests either that a sealed indictment was returned or that an indictment was forthcoming.

    Defense attorney Steven Dobson of Dobson and Smith led Bowdoin to believe he possibly would receive no jail time if he cooperated, Bowdoin said. Two meetings were held with federal prosecutors in December and January, with Bowdoin in attendance, according to Bowdoin.

    “During our meeting in Tallahassee, Florida, [prosecutor William] Cowden requested that I dismiss my claims” in the civil forfeiture case, Bowdoin said.

    “Dobson provided Cowden with my signed agreement,” Bowdoin continued. “I was led to believe that a grand jury indictment was forthcoming. My attorney represented to me that Cowden had spoken to a judge, persuaded the judge that I was a flight risk, and that I would be held without bail following a prompt indictment.

    “Dobson led me to believe that I would be promptly arrested if I failed to cooperate with Government counsel,” Bowdoin said.

    He advised the judge in his affidavit that he had a heart condition and believed “any measure of prison time would constitute a life sentence.”

    Bowdoin, 74, did not say in the document whether he had any involvement in the AdViewGlobal (AVG)  autosurf, which launched in February in the aftermath of the seizure of tens of millions of dollars from Bowdoin, the filing of two forfeiture complaints against ASD’s assets and the filing of a lawsuit by private litigants who accused him of racketeering.

    Some AdSurfDaily members now say Bowdoin was the silent head of AVG.

    Another Bowdoin attorney, Charles A. Murray, filed a separate motion on Bowdoin’s behalf today in which he argued Bowdoin had been snookered.

    Bowdoin’s motion to release claims “was based on his belief that relinquishing his civil claims could possibly prevent imprisonment in a forthcoming criminal matter,” Murray said. “Bowdoin believed he had an agreement with the government that required the release of claims in the [forfeiture case.]

    “Mr. Bowdoin reasonably relied on information received from his counsel in forming the belief that release in the civil suit could possibly avoid imprisonment,” Murray continued.
    “In fact, no agreement existed and Mr. Bowdoin now faces a significant period of
    incarceration. Given the lack of an agreement, Mr. Bowdoin’s release in the [forfeiture case] is illogical. He received nothing of value for the release.

    “Bowdoin has consistently demonstrated an intent to aggressively defend ownership of his property in the civil in rem forfeiture proceeding,” Murray continued. “This Court
    should rescind its January 22, 2009 Order [granting Bowdoin’s forfeiture motion] because Mr. Bowdoin lacked knowledge of the consequences for his actions and was induced into filing the release on false pretenses.”

    Read Bowdoin’s affidavit.

    Read the motion on Bowdoin’s behalf by Charles Murray.

  • 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.

  • Two New Motions To Intervene Filed In ASD Case

    Using the Curtis Richmond litigation blueprint, two new motions to intervene have been filed in the AdSurfDaily forfeiture case.

    The motions were filed by Ronald Breckenfelder of Littleton, Colo., and John R. Moore of Ames, Iowa. The motions accuse U.S. District Judge Rosemary Collyer, U.S. Attorney Jeffrey A Taylor, and Assistant U.S. Attorney William Cowden of committing crimes.

    In addition, the motions accuse the judge, the prosecutors and Chief Judge Royce Lamberth of conspiring to deny ASD members justice. Collyer and Lamberth specifically were accused of operating a “Kangaroo Court.”

    As was the case in two previous motions to intervene, including a motion filed by Richmond himself, Collyer placed a hand-written note on the cover pages of the motions.

    “Let this be filed,” she wrote. Collyer has used the exact same wording on each of four motions to intervene filed in the ASD case in recent weeks.

    The documents order Collyer to set aside the ASD forfeiture within 30 days or face criminal or civil prosecution.  At the same time, court documents filed with the motions include a list of demands made on prosecutors and Agent Roy Dotson of the U.S. Secret Service to produce “Legal Evidence” within seven days or face legal action.

    Richmond is associated with a sham Utah Indian tribe that has been successfully sued under racketeering statutes for bringing vexatious legal proceedings against judges, prosecutors and police officers. He also has been convicted of contempt of court for threatening federal judges.

    The tribe is known derisively as the “Arby’s Indians” because it once held a meeting in an Arby’s restaurant in Provo, Utah. A sham “Supreme Court” set up by the tribe used the address of a conference room attached to a doughnut shop in Utah as its chambers.

    One prong of the “Indian” strategy is to place enormous judgments against public officials in a bid to extort a litigation result. Recent motions in the ASD case that have used the Richmond blueprint have said an ASD member by the name of Alana Holsted has been prevented from collecting on a $30 million judgment because of conspiratorial actions by the judge and prosecutors.

    The Holstead claim appears to seek a total of $120 million in judgments for the alleged offenses of Interference With Commerce and Interference With Interstate Commerce.

  • BREAKING NEWS: Court Rejects Richmond Appeal Bid In Criminal Contempt Of Court Case For Threatening Judges

    UPDATED 10:34 A.M. EST (U.S.A.) The U.S. Court of Appeals for the 9th Circuit (Pasadena) has denied Curtis Richmond’s bid  to have criminal contempt of court charges for threatening federal judges dismissed.

    Richmond argued that he was denied his right to a speedy trial.

    The appeals court rejected his argument, but the effect of the ruling was not immediately clear.

    In 2007, Richmond was convicted of criminal contempt of court for threatening federal judges. He was sentenced to six months’ home confinement with electronic monitoring, a $1,000 fine and five years’ probation.

    He is now a central figure in the AdSurfDaily case and has threatened to bring charges against U.S. District Judge Rosemary Collyer, U.S. Attorney Jeffrey Taylor, Assistant U.S. Attorney William Cowden and others.

    Richmond argued in court briefs that he’d already served the home-confinement portion of his sentence even though he hadn’t been formally detained at home and was out on bail, pending trial.

    His argument appears to suggest that he satisfied the requirement of six months’ home confinement before the trial on the charge even was held.

    He told the court that the fact he was not permitted to leave San Diego County under the terms of his bail meant that he was in custody and had satisfied his six-month sentence at home.

    “The Petitioner recently learned in talking to the Tribal Atty. General that he had already served his 6 months of Custody and where he needed to go to get the Legal Evidence,” Richmond said in November 2007 court filings.

    Richmond is a member of a sham Utah Indian tribe tied to bizarre litigation and threats to imprison federal judges.

    “The Petitioner was Arrested on May 17, 2006, Jailed, and was brought for arraignment on May 18, 2006 when he was allowed to be out On Bail but Could Not Leave the County Without the Court’s Permission and was Under The Control of the Probation Department” Richmond said.

    “Any Restraint of one’s Liberty of Movement Is Considered Custody[,] which means the Petitioner’s 6 Months Arrest & Sentence Expired Nov. 17, 2006,” he argued.

    But the actual trial on the contempt charges wasn’t held until February 2007, two years ago this month.

    Owing to the nature of Richmond’s appeal filings, a federal judge ordered that a public defender be appointed to represent him. An attorney was appointed in December 2007. About 6 months later, the attorney petitioned the court to withdraw as Richmond’s counsel, but the court refused to let him withdraw.

    The denial by the 9th Circuit was Richmond’s second loss in the U.S. Court of Appeals in the past month. His appeal in the 10th Circuit (Denver) was rejected because he failed to follow procedures. The case in the 10th Circuit dealt with a finding by a federal judge that Richmond and co-defendants from the sham Utah tribe had engaged in rackeetering by pestering public servants and filing vexatious litigation.

  • More Than 50 ‘Demand’ Letters Sent To Prosecutors, Secret Service, In AdSurfDaily Case, Moriarty Tells Senator

    UPDATED 12:21 P.M. EST (U.S.A.) Banks are failing. Unemployment is surging. Housing values are plummeting. Credit markets are tight. The economy is shrinking.

    And “Professor” Patrick Moriarty wants the Senate to investigate the prosecutors and a Secret Service agent involved in the AdSurfDaily case, an alleged $100 million Ponzi scheme.

    ASD President Andy Bowdoin, the operator of the scheme, already has ceded seized funds to the government “with prejudice.”

    “With prejudice” means that Bowdoin intends to submit to the forfeiture and never reassert the claims to tens of millions of dollars seized. Meanwhile, the government is establishing a process by which ASD members can apply for refunds.

    Despite the fact the money was seized as the proceeds of a criminal wire-fraud, money-laundering and Ponzi-scheme operation, Moriarty says the Senate should set its sights on the people who prevented the scheme from mushrooming globally — not Bowdoin, the person responsible for organizing the scheme.

    “Over 50 individual and notarized DEMAND[S] FOR LEGAL EVIDENCE were sent to Jeffrey Taylor, US Attorney; William Cowden, Assistant US Attorney; and Roy Dotson, Special Agent, US Secret Service,” Moriarty said in a letter to Sen. Patrick Leahy, D.-Vermont. “Not once did any of these three Government Servants respond.”

    Leahy is chairman of the Senate Judiciary Committee.

    “Innocent Americans have suffered and continue to suffer because of these incredulous and despicable acts” by prosecutors, Moriarty said.

    Moriarty was a founder and former board member of ASD Members International (ASDMI), which registered as a Missouri nonprofit in October and threatened to litigate against the government because of its actions in the ASD case. Moriarty resigned from the ASDMI board in December, citing ill health. The entity now has dissolved.

    ASDMI recruited members from within the membership ranks of the ASD Member Advocates Forum, a Pro-ASD site also known as “Surf’s Up.” At least three ASDMI board members also were members of “Surf’s Up.”

    Last week, Curtis Richmond filed a motion to intervene in the ASD case, accusing U.S. District Judge Rosemary Collyer and the prosecutors of crimes and threatening prosecution and lawsuits under federal racketeering statutes.

    Moriarty, on his website, touted Richmond’s approach to litigation. Richmond is associated with a sham Utah Indian tribe that has attempted unsuccessfully to have prosecutors and federal judges jailed. At least two people who employed the tactics of the tribe have been sent to prison, and Richmond himself was convicted of criminal contempt of court in California in 2007.

    In his letter to Leahy, Moriarty discloses none of this. He also did not inform Leahy that a class-action lawsuit alleging racketeering has been filed against Bowdoin and alleged co-conspirators.

    Court filings by Richmond last week claim that an ASD member named Alana Holsted was prevented from “Collecting on an Entry of Default Affidavit for $30 million for each Defendant.”

    The Utah tribe routinely placed huge, fraudulent judgments against officers of the court or litigation opponents in what victims described as extortion bids. Victims sued under racketeering and mail-fraud statutes. U.S. District Court Judge Stephen Friot ruled the tribe a “complete sham” and ordered members to pay damages and costs of more than $108,000.

    Records show that Richmond tried to force Friot to recuse himself from the “Indian” case by claiming the judge owed him $30 million. Friot refused to step down.

    “I hope your office can review this situation and lend their support,” Moriarty told Leahy.

    Surf’s Up Asks Members To Contact Leahy

    Here is an email Surf’s Up members received today, alerting them of Moriarty’s letter-writing campaign to Leahy. The email was signed by Barb McIntire, a Mod at the Surf’s Up forum, and a former ASDMI board member. The email accuses the prosecutors of committing a “legal travesty” and of “incredible and despicable acts.”  (Emphasis added):

    A message to all members of ASD Member Advocates – Surf’s up Baby!

    Hello ASD Members,

    If timing is everything, then maybe our time for some type of justice has arrived. On February 8,  Senator Patrick Leahy proposed a “Truth Commission” for the Department of Justice.

    Mr. Leahy heads the Senate Judiciary Committee. According to the Washington Wire, he has proposed an independent commission to investigate allegations of wrongdoing by the DOJ during the Bush administration. As ASD members know, the warrantless wiretapping, the politically motivated firing of some US attorneys, and the highly controversial memos on treatment of detainees are not the only things the new administration must examine to find out what went wrong with the DOJ.

    Please take the time and make the effort to write Senator Leahy about the “legal” travesty that was committed against the 100,000-plus members of ASD by US attorneys Jeffrey Taylor and William Cowden. Explain how they used the DOJ to seize $93-million under forfeiture procedures reserved for drug- trafficking crimes. Explain in your own words how our Constitutional rights were trampled on so the DOJ could control the millions in bank accounts, deposits, and property. We each need to explain how thousands of innocent Americans have suffered and continue to suffer because of these incredible and despicable acts.

    Senator Leahy’s contact information is here: http://leahy.senate.gov/contact.cfm
    You can find supporting documentation on Steve Watt’s site:
    http://www.thejoyluckclub.com/ASD_Latest_News.htm

    If you can, send your letter via USPS certified mail and request a return receipt. It will be the best $5 you’ve spent. Please don’t wait. The timing is right. Just do it!

    Emails and phone calls to the Senator’s office are fine, but only after you send that first letter.
    If we don’t do this now, we’ll have no one to blame but ourselves.

    Please email me back and let me know you will do this. I’m counting on you for this support.

    [Email Address Deleted]

    Thank you!
    Barb

    Visit ASD Member Advocates – Surf’s up Baby! at: http://asdmembers.ning.com

    To control which emails you receive on ASD Member Advocates – Surf’s up Baby!, go to:
    http://asdmembers.ning.com/profiles/profile/emailSettings

  • BREAKING NEWS: Curtis Richmond, Man Linked To Sham Utah ‘Indian’ Tribe, Files Motion To Intervene in ASD Case; Says Judge Collyer Faces Criminal Charges

    UPDATED 12:19 A.M. EST (FEB. 5, U.S.A.) Curtis Richmond has filed a motion to intervene in the ASD case. On the cover page of the motion, Judge Rosemary Collyer inserted a handwritten note:

    “Let this be filed,” she wrote.

    richmondasdmotion350Inside the motion Richmond accused the judge and a court clerk of felonies. He filed the motion as the chairman of Pacific Ministry of Giving International of Solana Beach, Calif.

    Pacific Ministry of Giving International had $41,000 at stake in ASD — including “Upgrade Bonuses promised between July 14th and Aug. 1, 2008” — and lost access to the money because of the government seizure, Richmond said.

    Richmond asserted that, if Collyer doesn’t do as he says and overturn the forfeiture, she is guilty of civil-rights violations and is violating U.S. law. He also threatened two federal prosecutors — U.S. Attorney Jeffrey A. Taylor of the District of Columbia and Assistant U.S. Attorney William Cowden — with “legal damages,” saying he had a “binding contract” with them as a result of certified mail he had sent them.

    Cowden and Taylor ignored ASD members’ Constitutional rights in the ASD asset seizure, did not properly notify members of the seizure and interfered with commerce, Richmond claimed.

    He accused Collyer, Taylor, Cowden and Court Clerk Nancy Mayer-Whittington of engaging in a conspiracy to deny justice. He specifically accused Collyer and the prosecutors of theft.

    “The U.S. Atty. and/or U.S. Judge Had No Authority or Jurisdiction to Steal Most of the $93 million of ASD Member Ownership Interest,” Richmond said, using a mix of uppercase and lowercase letters. “All of the ASD Members had a Constitutional Right to Make A Contract With ASD and None of the ASD Members had a Contract With the U.S. Government.”

    A nonlawyer representing himself, Richmond advanced his theory of the case:

    “Since the U.S. Atty. could not present any court order giving him Authority to Seize the $40 million of Cashier Checks and deposit them in an Account Of His Choosing, he is Guilty of Misappropriation of Funds [at] a minimum and very possibly Embezzlement,” Richmond claimed.

    Richmond claimed he had “irrefutable” evidence against Collyer and the prosecutors.

    “This was accomplished by sending by Return Receipt with a ‘Demand For Legal Evidence Affidavit’ to William Cowden, Assist. U.S. Atty., Jeffrey Taylor, U.S. Atty., and Roy Dotson, Special Agent, U.S. Secret Service[,] giving them 7 Days to present Legal Evidence that the Statements Made in the Demand For Legal Evidence[,] including the Listed Constitutional Rights, WERE FALSE,” Richmond claimed.

    “The Demand for Legal Evidence [was] part of Notarized Affidavits and clearly stated “Your Silence will be an Admission that you do not have the Legal Evidence,” he said.

    Cowden, Taylor and Dotson knowingly and willingly defaulted on his demands “because they had no Legal Evidence or believed they were above the law,” Richmond said. “Attorneys & Judges Are Not Above The Law. A Lawful Default Is a Lawful Default.”

    Richmond V. Collyer

    In his motion, Richmond said Collyer “sat on” a previous motion he attempted to file in the case in the days immediately prior to her November ruling that ASD had not demonstrated it was a legal business and not a Ponzi scheme. Richmond ultimately was denied leave to file.

    Richmond said he filed 19 affidavits in support of his claims, and that Collyer and Mayer-Whittington are guilty of at least 60 felonies, including felonies that include prison sentences of up to 12 years for each affidavit that wasn’t filed.

    “Judge Collyer had the Clerk of the Court Return All Of The Motion To Dismiss Affidavits[,] including the 19 Demand For legal Evidence Notarized Affidavits In Support to Curtis Richmond,” he said.

    “This is like having 21 Witnesses to a Murder,” Richmond continued. “Judge Collyer is Guilty As Charged . . .”

    One of the aims of Richmond’s motion appears to be to force Collyer to withdraw from the case. He accused her of operating a “Kangaroo Court.”

    He accused Chief U.S. District Judge Royce Lamberth of becoming a co-conspirator, saying Lamberth also erected hurdles to block Richmond from filing as a party in the August forfeiture complaint against assets tied to ASD.

    “Either Judge Lamberth is unbelievably biased, believing he is Above The Law, or he does not know how to read the English language,” Richmond said.

    Lamberth also operated a “Kangaroo Court,” Richmond asserted.

    Richmond has a history of filing vexatious lawsuits and court motions, and of employing a strategy known as “Mailbox Arbitration” to hamstring prosecutors, judges, court clerks and others. He was convicted of criminal contempt of court in California in 2007 for threatening or trying to intimidate judges.

    Last year, a federal judge ruled an “Indian” tribe with which he is associated in Utah a “sham.” Various vexatious filings against public servants were made in the Wampanoag Nation, Tribe of Grayhead, Wolf Band case, and the judge ordered Richmond and other “tribe” members to pay damages and costs in excess of $100,000.

    In the “Indian” case, huge financial judgments against prosecutors and others were sought. At least one “tribe” member tried to enforce a bogus judgment in the hundreds of millions of dollars.

    In court filings, Richmond has claimed he was a “Sovereign” who answered only to Jesus Christ and enjoyed diplomatic immunity from prosecution.

    “Professor” Patrick Moriarty, a former board member of a defunct organization known as ASD Members International (ASDMI), associated himself with Richmond on Moriarty’s website. At the same time, Steve Watt, another former ASDMI board member, told visitors to TheJoyLuckClub ASD news site that Richmond’s court filings would lead to a major criminal complaint against members of the government.

    Before folding last month, ASDMI said on its website that it had recruited 167 members to litigate against the government in the ASD case. Moriarty also wrote of a certified-mail campaign and solicited funds to make it happen.

    Screen Shots

    1.

    indianchildrenCurtis Richmond’s signature as “Arbitrator” for a “tribal” panel set up by a sham Utah “Indian” tribe. In this case, the panel issued a fraudulent award of $300,720 and interest at “18% per annum against the Utah Department of Child & Family Services in a family matter.

    2.

    indianjudgeSham “Indian” arbitration panel issues award of $9,535.67 to sham “Indian chief.” The “award” was lodged against a judge, assessing the judge interest of 18 percent per annum and collection costs “not exceeding 30% of the principal sum.” The “chief,” Dale Stevens, later was arrested on child porn charges and announced his intention to marry two underage girls, including a 12-year-old, with whom he sought marriage in exchange for half a cooler of “energy bars.” Stevens, 69, acknowledged his plan in open court.