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okosh · 08-31-2008, 03:32 AM

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Golden Panda's Clarence Busby Seeks Divorce From ASD
Saturday, August 30, 2008

BREAKING NEWS: Golden Panda Ad Builder is seeking to sever the Ad Surf Daily case and have elements concerning Golden Panda heard in U.S. District Court in Georgia, not Washington, D.C.

Clarence Busby Jr. says in court papers that Golden Panda is separate and distinct from ASD and that no ASD money was used in Golden Panda's start-up. Meanwhile, Busby asserts that ASD President Andy Bowdoin is uniquely responsible for the legal crisis Golden Panda is encountering.

"At no time was I ever involved in ASD ownership, operation, or control. I have never been an ASD officer, director, or shareholder. I am not privy to how Bowdoin runs ASDs business and was not privy to any decision Bowdoin made concerning how to allocate funds raised by ASD," Busby said in court papers. "I had no involvement in any sales presentations he has made and never knew, prior to my receipt of the complaint in this proceeding, that he had prior run ins with the law."

Golden Panda is a standalone firm, Busby's lawyers argued.

"Neither Ad Surf Daily ("ASD") nor any of its officers, directors, or shareholders is an officer, director, or shareholder in Golden Panda. None has ever exercised any influence or control over the company's operations. Neither ASD nor Bowdoin ever opened, placed funds into, or controlled any Golden Panda bank accounts or any of Golden Panda's officers, directors, or shareholders' bank accounts."

Highlights Of Busby's Declaration To The Court

How Busby First Learned About ASD . . .

"I was first informed of ASD from Robyn Lynn from Sarasota, Florida, an ASD member who I met at a new business opportunity seminar. She told me that she was an ASD member and asked me if I would be interested in buying an ASD ad package and becoming an ASD member also. I initially said no.

"Because I regarded her as intelligent and honest, I told her I would consider the proposal further but would have to meet the person who headed ASD to know whether to buy the package. She gave me Bowdoin's name and phone number.

"As it happens, in November of 2007, I needed to attend a funeral for my wife's uncle. The funeral would take place near the area where Lynn told me Bowdoin was located. I called Bowdoin and left him a message telling him I would be in the area and would like to meet him. He called me back and confirmed a lunch appointment. I then first met him at the Charter House restaurant in Bainbridge, Georgia."

Wife Influenced Decision To Purchase ASD Ads . . .

"[Bowdoin] explained his ASD program to me over lunch. I had (and still have) little understanding of computers and the web. I told him I would have to talk over the idea of buying an ASD ad package with my wife before I decided whether to buy the package and thereby become an ASD member. I spoke with my wife and she thought it worth a try, so we bought an ad package."

Bowdoin And ASD Were On Their Own . . .

"At no time was I ever involved in ASD ownership, operation, or control. I have never been an ASD officer, director, or shareholder. I am not privy to how Bowdoin runs ASD's business and was not privy to any decision Bowdoin made concerning how to allocate funds raised by ASD. I had no involvement in any sales presentations he has made and never knew, prior to my receipt of the complaint in this proceeding, that he had prior run ins with the law."

Fishing Trip Arranged By Minister Was 'Social Courtesy' To Bowdoin . . .

"As a social courtesy to Bowdoin, I asked a pastor friend of mine, Rev. Charles Green, if he might bring his boat and join me in inviting Bowdoin on a relaxing fishing trip. I imagined that operating ASD involved a lot of stress, and I had heard Bowdoin liked to fish. I also wanted a respite from work. The invitation was extended and Bowdoin agreed to join us."

Bowdoin Recommends Chinese Version Of ASD On Fishing Trip; Busby 'Surprised' . . .

"On April 11, 2008, we fished at a lake in Brunswick, Georgia for a day. On that Day Bowdoin surprised me by recommending that I start a Chinese version of ASD. Bowdoin suggested that I organize the business without him. He said, "I can't handle the business I already have," stating that I should be the one to create, own, and operate this Chinese version of ASD.

"I was interested in the idea, but did not have knowledge of computers and the web, so I thought Bowdoin should run it, but Bowdoin did not want to run it. I chose the name of Golden Panda Ad Builder Inc. and I had the company incorporated on May 15, 2008. At that time, I still thought that Bowdoin would end up running the business, so I placed his name as President of the company, although Bowdoin never actually took any step to run the company.

Bowdoin Says Busby Should Run Golden Panda . . .

"Two and one half weeks before Golden Panda commenced operations on July 24, 2008, Bowdoin called me and reiterated that he did not have time for Golden Panda, had done nothing to help create it, and therefore thought I should be the one to own, operate, and control the business.

"I then decided that with the help of my kids that I really could run a web based advertising business on my own. On July 2, 2008, I amended the Golden Panda papers with the state, naming myself as the President and removing Bowdoin's name.

"On July 12, 2008, in an ASD rally in Miami, Florida, Bowdoin announced that he had no affiliation with Golden Panda. He reiterated that he had no affiliation with Golden Panda at an ASD rally in Chicago on July 19, 2008. I know those statements to be true."

Bowdoin Was Golden Panda President In Title Only . . .

"In fact, Bowdoin never performed any function when I put his name down as President of Golden Panda in the corporate papers. He was President in name only for the period of May 15 to July 2, 2008. He not only did not perform any function for Golden Panda or direct Golden Panda's operations in any way, he also never contributed any funding either from ASD or personally to Golden Panda. He had no involvement in forming Golden Panda beyond planting the idea of a web based advertising business in my mind.

ASD's Name Tells A Story; Golden Panda's Name Tells A Different Story . . .

"Bowdoin's business is named Ad Surf Daily Income Generator. I named my business Golden Panda Ad Builder. I chose that name. I now have come to realize that the last two words of each name are telling. While the focus of ASD may be income generation based on my read of the complaint, the focus of my business was advertising (building greater audiences for web based advertising)."

Golden Panda Hired Lawyer After Launch . . .

"Because I wanted to ensure that Golden Panda operated lawfully, I searched for and found a recognized expert on legal compliance in direct selling and network marketing law who resided in Memphis, Tennessee. D. Jack Smith is that expert attorney.

"My daughter and I first contacted Jack on or about the week of July 22, 2008. We retained Jack on July 29, 2008. We invited Jack to visit our offices and go through all of our records and discuss with us Golden Panda's business model.

"We asked him to help us ensure that it was lawful in every respect. Jack came to our offices in Atlanta, Georgia, for his review and conferences on July 31, 2008. The following day, after Smith had returned to Memphis, we received word from our bank that the Department of Justice had frozen our accounts. It was not until one week later that we received the government's complaint and first learned of the government's reason for freezing the funds."

Government Charges That ASD Provided Capital 'False'

"The charges in the complaint associating us with ASD and stating that a majority of Golden Panda's funds came from ASD are false, as explained above. Neither Bowdoin nor ASD provided any capital or expended any effort in establishing or operating Golden Panda. I chose the name for the business, and I provided seed capital from my real estate business revenues. Golden Panda obtained all other start up money from 34 founders:

"Lucille Allen and her spouse; Dr. Kevin Campbell and his spouse; Donald L. Chrestensen and his spouse; Robert Cobb and his spouse; Kent Davis and his spouse; Ray Dawson and his spouse; Judy Dishman and her spouse; Jenny Elliott and her spouse; Alan Ferguson and his spouse; Anthony Gantz and his spouse; Toby Gantz and his spouse; Rev. Charles D. Green and his spouse; Billy Jo Haas and her spouse; Joyce Haws and her spouse; Boyd Wayne Hughes and his spouse; and Shannon Hutto and her spouse.

Busby Uses Word 'Invested' In Describing ASD Purchases . . .

"None of those founders is an officer, director, or shareholder in ASD. None of Golden Panda's funds are from Bowdoin, ASD, or any bank account affiliated with Bowdoin or ASD . . . The money I invested in Golden Panda came from my local real estate business."

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