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Tuesday, September 15, 2009

President of internet marketing firm claims he was 'hoodwinked' in order to strike a deal with Feds in ponzi case

The president of internet marketing firm, Ad Surf Daily (ASD), says he only brokered a deal with federal prosecutors because they promised to grant him leniency in the 'ponzi' case against him. ASD president Andy Bowdoin and his new attorney, Charles A. Murray, filed a motion in federal court yesterday claiming Bowdoin should be allowed to fight for money seized by federal agents last year.

The motion filed by Murray is a 'response to order to show cause and a motion to rescind release of claims'. Bowdoin hopes to convince federal officials to restore his right to fight for ASD's assets even though he had previously agreed to release them to the government.

US District Judge Rosemary Collyer is presiding over the ASD case and will ultimately decide whether to grant the motion. Bowdoin must prove to Judge Collyer that he has a legal right to attempt to reclaim the funds. Charles Murray filed the motion to 'show cause' on September 14th which was the deadline set by Judge Collyer. The judge's original deadline was August 28th but she granted Bowdoin an extension after Murray insisted he needed more time to 'continue negotiations' with federal officials.

Last year Federal agents raided ASD's headquarters in Quincy, Florida and proceeded to seize millions of dollars after determining the company was a 'ponzi scheme'.

Several months after the seizure prosecutors say Bowdoin voluntarily 'walked away' from the money when he reviewed the federal charges against him. Soon after, Bowdoin changed his mind and decided to fight for the money. He and his attorney hope this new motion will convince Judge Collyer to allow him to stay 'in the case'.

Judge Collyer's deadline for Bowdoin to show Cause was September 14, 2009. She had extended her previous deadline of August 28th.

Murray believes Bowdoin chose to forfeit ASD funds because he received erroneous information from his former attorneys. In the court order Murray states, "On January 13, 2009, he (Bowdoin) filed a motion to release claims to seized property. Mr. Bowdoin’s January 13, 2009 motion was predicated on misinformation and misrepresentation; therefore, Mr. Bowdoin’s Motion to Release Claims is voidable and subject to rescission under Rule 60(b). Mr. Bowdoin hereby responds to the Order to Show Cause, and respectfully requests that this Court reinstate his claims to seized property."

Bowdoin also filed an affidavit yesterday in which he contends his former attorney Steven Dobson, "represented to me that I could possibly avoid prison or get a reduced sentence if I agreed to disclose details concerning ASD and releasing the assets."

US Department of Justice Senior Trial Attorney William R. Cowden maintains Bowdoin voluntarily ‘walked away’ from his claim on the money after reviewing the Government’s evidence against him. Cowden asserts Bowdoin was never offered any deals in exchange for his cooperation and is still subject to criminal charges.

Bowdoin says he was led to believe otherwise, "Cowden explained that I would be subject to the maximum penalty, under the statute, but that he would inform the judge that I cooperated."

Bowdoin says he surrendered ASD's funds to the government because he thought prosecutors would offer him a deal. Bowdoin now claims he "had been hoodwinked."

Federal prosecutors accuse Bowdoin of running an elaborate ponzi scheme which required its ‘members’ to purchase 'ad packs' in order to participate in the program. Members then received a profit each time they clicked on websites of businesses that advertised with ASD. The US Attorney General’s Office contends the company was a ‘ponzi’ because it could only generate revenue by having new members pay to participate in the program.

The government's confiscation of the funds netted $53M (fifty three million dollars) which Bowdoin had deposited in several Bank of America accounts.

Bowdoin hopes to convince Judge Collyer that his attorney and federal prosecutors misled and unfairly pressured him to forfeit his claim on those funds. Bowdoin states, "Government counsel wanted me to admit to criminal conduct despite my belief in my innocence."

Officials with the United States Department of Justice are hoping Judge Collyer will dismiss Bowdoin's motion to reclaim the assets and allow the government to assume complete ownership of the funds. Officials contend the government could then distribute the money to ASD members using carefully controlled methods.

US Justice officials have posted an online form for ASD members who wish to recoup any money they lost while doing business with ASD. Members can fill out the form by going to the government's website:
'www.usdoj.gov/usao/dc/Victim_Witness_Assistance/adsurfdaily.html'

27 comments:

  1. When will decision be made? It is now Sept. 16th, 2 days past deadline.

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  2. When Andy stops filing frivilious motions

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  3. It sure leads me to wonder how Bill Cowden can sleep at night. He is not just doing his job, he is pursuing a personal vendetta at this point. There is no other explanation for his behavior. They treat drug dealers with more kindness and respect and certainly more leniency.
    When you read the latest filing there is pretty much no doubt whatsoever that the government allowed money to be given to two different attorney firms in exchange for them selling this man down the drain.
    Why on earth would anyone facing criminal prosecution give up anything without a solid deal in place that did not include jail time.
    I have also been told that he has had mini strokes and may very well have some cognitive impairment that might prevent him from making competent decision on his own behalf.

    This also is further proof of what Glenn Beck is now talking about. The Government is corrupt and apparently the judicial system is as well.

    There should never be an instance where the Government has the right to take what rightfully belongs to it's citizens without due process of law.

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  4. Anon, I believe the Prosecution has a reply to Andy's motion yet to file, and then Judge Collyer will make her decision. It may take weeks, no one knows but Her Honor.

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  5. This leads me to wonder how Andy Bowdoin can sleep at might. He got a great deal. He had the potential prison years reduced. What does he want? A full pardon?

    Innocent people do not have to make deals like the one he made. There is a great reason for Judge Collyer not to permit him to reverse his relinquishment of the forfeited assets. They wre illegally obtained. This isnt the first time he's been up before the judge for fraud. The previous two times he was found guilty. That is on public record.

    The Government has done their job right for once

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  6. How can the government disperse the money fairly when they froze our assets and the government did not allow customer service to post and give credit to all the people concerned? The government tore the money orders off the sheets with the information and threw them on the floor. Andy Bowdin and his people are the only ones that can fairly release the funds to the ASD members. ASD was a successful business until the government intervined.Over 120,000 people concerned. The government put business's and jobs down the drain. Those jobs would have created revenue through taxes and also help to keep business thriving though out the USA.From an ASD satisfied customer.

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  7. I lost my life savings of $21,000 deposited to 3 Ad Surf Daily accounts the week before the government took it away. I filled out the form mentioned near the end of this report last September and still have received no relief. This is insane. I could have more Han doubled my money if I could have gotten it back last year by investing on Apple. How much longer is this government going to jerk us around continuing to not give us our money back?

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  8. Anon, the government did not freeze "our assets". They froze the personal assets of Andy Bowdoin. andy Bowdoin accepted our money on behalf of AdSurfDaily, Inc and put it into his own personal bank accounts "dba AdSurfDaily". He has said this in court documents, his lawyers have said this in court documents and the federal judge Collyer has said this.

    If that wasnt enough, he was allowed to continue to advertise his embers sites and "fessed up" to having several millions of dollsrs offshore in another name, with which to run ASD as an advertising company.

    After all we have read in court documents, including statements verified by Andy Bowdoin we now know that the ASD payments were not a real percentage of the days sales, but were invented figures. We now know that some insiders and family members were given free ad packs and took money out without having paid anything in. Noone is going to be entitled to "earnings" from ASD, only their cash investments in "ad packs" as victims of a fraud.

    The government didnt put businesses down the drain, as the conversion rate of ASD advertising was abismal, given its high charges - well in excess of anything even Google Adwords charges - and worse than many legal free Traffic Exchangees. Very few, if any made real legal sales of real legal products and services from ASD. They made money on their investment return through earning through surfing.

    The only jobs that went down the drain were those of the people from poor old Quincy who are on the street because of Bowdoin's crooked management of an illegal scheme. (We dont even know if he bothered to pay their medical insurance and even if he did, they are now left without medical insurance cover as well).

    ASD was not a business that contributed to any countries gross national wealth, nor had they paid any taxes during the first year. There were no audited cocmpany accounts in existence. The fiasco of the W9s was just that - a fiasco. No 1099s were issued for the year 2007, although they were due. The fuss about taxation turns out to have been just smoke and mirrors to give an impression of a legality which did not exist.

    Scams do not help keep businesses thriving. They just divert money out of the system. ASD was not a successful business when the government intervened. They just paid out members more than they paid in using other members' money. They were holding rallies like crazy to raise cash to pay older members, because there wasnt enough left. The Government froze a total of some $93 million. At the last few rallies over $95 million was raised - so it looks as if there was already nothing in the bank before then. ASD's liabilities would have caused it to implode shortly after the summer, leaving no money in the bank for the later members. The Government has at stopped the drain of nearly $100 million into the pockets of the earlier members, leaving the later members with no money to claim.

    The only satisfied customers of ASD were people who received large rebates for a small investment and either didnt know or didnt care that their source of income was totally illegal.

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  9. Andy is a convicted con-man and hopefully will spend the rest of his life behind bars! He can talk to God in there everyday! He is a born con-man who talks of God to scam people of their money!! If the Gov gives him the money back, we will never see it again because he will either spend it or move it out of the country.

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  10. Don't blame the Gov on not getting your funds back, if Andy would not keep filing all these bogus motions and would have just released the funds like 6 months ago you would have your money-back by now!

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  11. Hmmmm.....another delay!! LOL Now there's a shock!! I wish I could go a year past my deadlines to make a decision! lol Maybe it's a good excuse not to make one! Sounds like what's going on here or could it be $ talking???

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  12. The Secret Service was shocked when they came in and did not find stacks of money hidden and records with other bank accounts where Andy Bowdin and ASD tried to hide money. Nothing was found on Andy the way he managed ASD's operation. 4 attorney firm's said ASD was NOT a Ponzi Scheme.All the money they said came into ASD is at the ASD Bank accounts that the government froze.At the first hearing Andy had with the Honorable Judge Rosemary Collyer,even she asked why has this ever come this far. It should have been settled long before reaching her. Now it is a year and a month later and it is still tied up. It was known at that time it was not a Ponzi nor wire fraud nor any one of the allegations made against ASD. Now one year and a month later don't know anymore than what they did. This is ridiculous as Andy has NEVER cheated anybody out of a penny, as the money was all acounted for. THINK!!!!At this point its been proven ASD has not been a Ponzi. RIGHT!!RIGHT!!What are we waiting for. From another, out of 120,000 satisfied customers.

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  13. So now biblical Andy got "hoodwinked"

    Do not be deceived as thousands got hoodwinked by Andy. No matter what unfolds with the rest of the story, Andy you have reaped what you have sown.

    That is poetic justice.

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  14. Anonymous:

    Looks like the Judge does not agree with you or Andy. She has denied ALL of his prose filings. She has yet to rule on his latest filings done by his current $1 Million dollar Attorney.

    The end is just around the corner and Saint Andy and his merry band of crooks will be facing a no holds barred Judge on criminal charges.

    It is apparent that you are a follower and have failed to read the Judges ruling in October where after testimony by ASD members and elites she said that Andy had failed to produce any evidence proving that ASD was not a Ponzi.

    So much for ASD being legal.

    Maybe next time should he live long enough to get out of prison he will think twice about threatning to sue people for 30 million dollars. I do not take threats lightly.

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  15. There are not 120,000 satisfied customers! Andy has alot of unhappy customers that he would not pay to. I put in numerous requests for pay-outs and time after time was given BS about why they couldn't do it. You know why they couldn't do it.... because they had no money to do it... they weren't enough new members coming in to pay me with the ponzi money. ASD has many, many unhappy customers!!!!

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  16. According to the latest email circulating from Sara Matoon, the famous live call from Andy Bowdoin to members on Monday night will now be a recorded call available later on Tuesday night. So no questions from any members, happy or not, will be asked. Now why am I not surprised?

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  17. Mike,

    When can we expect another update? It would be nice to know what's going on and when a decision is expected. This is very frustrating! Thanks for your help!

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  18. Good Day Mike, As I read some of these comments my hope of ever seeing any of the money our government is holding from members seems to be a bad dream. I wonder, what is truth? I am afarid to use the name of Our Lord as I might be labeled. I have emailed my story to you as an layman who took someone's word as truth. And again, I find the truth, still is: You get what you pay for. When will we learn? Thank You for you help, updates and your opionion on where we stand. Because, alot of us are in the gutter due to ASD's promises, our own greed or stupidity. SHHH! (God Bless You) John gettuit@verizon.net

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  19. Andy was paying, unless you got in late. Andy did not shut down the business and stop paying the government did. Duh! Calling Andy a thief is ridiculus, He had plenty of money he did not need more. Just to close down and retire rich. The reason we have this Gov now is because they have most people brain washed that they are the good guys. What will it take for people to wake up.
    There suing people for praying in this country. This is not the America I was raised in.I would give my name but big brother is everywhere and soon will be at your door to collect your property too. Pray for America.

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  20. The ones who complained were naysayers like Jack@ss aaron. Naysayers that put in $10 just to complain. ASD paid EVERYONE up until the real thieves came in to steal to help their wall street buddies out with bailout money. I joined 2 years after ASD was in business and I got PAID! How in the world is that a PONZI?

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  21. Andy was NOT paying!!!! I tried to get my money for months BEFORE the gov came in to no avail! Whatever the problem was, it was obvious that Andy was not running his business correctly and needs to pay eveyone back and retire ( hopefully in a jail cell!)

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  22. This is absolutely ridiculous! The goverment has had our funds for almost 14 months. We are in a financial crisis and we need to know if and when our money will be returned.

    Keep Andy quiet and return our money now.

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  23. Talk about bad timing, I sent in a check so that I could get started and that is when the Fed's raided ASD. My check was never even deposited by ASD. When I saw what was happening, I went to the bank to put a stop payment on the cashiers check only to find out that the Fed's deposited it in whatever account they opened to deposit all of Andy's money in. They could have just returned the check but they didn't. Guess they'll make big money on all that interest they're accumulating.

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  24. The relief form does nothing. I've filled it out a couple of times and I've never recieved any messege back. What are they exactly do with all them forms?

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  25. I agree with many of these posts. Andy needs to shut up and stop filing ridiculous motions. He is spending our money to keep himself out of jail. Andy - drop it!!!! Even once the government has a right to the assets, it will still take some time to sort it, sell the real estate, etc. and disburse funds back out.

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  26. im tired of all this time they dont know they are affecting the country with this action how long more they need to release our money that we decide where we put it right

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