Secret Service raid ASD offices.... on Page 2 at Nobullshit Network Forum

okosh · 08-31-2008, 03:32 AM

Quote:

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."

Patrick Pretty: Internet Marketing's 'Master Of Eye Candy' Talks Branding And Copywriting

okosh · 08-31-2008, 04:09 AM

Quote:

ASD internet ad fraud grows to $93.5 million
Print E-mail
By David Arnett
Saturday, 30 August 2008

ImageAnalysis: The U.S. Secret Service has identified and frozen additional funds from AdSurfDaily, Inc (ASD) raising the total from approximately $53 to $93.5 million, but the worldwide investigation first reported on Tulsa Today continues. Other similar Internet frauds are being reported to law enforcement as the definition, constitution and value of Internet traffic within the world of advertising comes into question.

ASD founder Andy Bowdoin filed pleas for dismissal of the charges and return of seized funds, but his positions were severely ridiculed in the government response and deemed legally incoherent to the point of being, “a bootless quibble over indistinguishable wordings – arguments `full of sound and fury, [but] signifying nothing.’”

ASD admitted in those documents, “In a matter of a few days, ASD has gone from a vibrant internet advertising business with approximately 100,000 members to a hollow shell without a working office and without the means to resume its business.”

In a telephone call to supporters August 26 Bowdoin responded to ridicule by the Justice Department calling them liars. He said he did not expect them to “lie and use half-truths to try to make their case.” Without a prayer of success, Bowdoin continues a heartless attempt to rally the faithful – the needy – the desperate who can not afford to lose money Bowdoin has taken.

In point of fact, Bowdin is a previously convicted fraudster. From the Tulsa Today investigation it seems clear that if his mouth is moving, he’s lying. From the beginning, we doubted Bowdin was smart enough to design ASD’s business model nor write the computer programs nor manage the enterprise. In our review of the facts, Bowdin is the front-man, the sincere sounding stooge, and he most certinely appears on track to take the fall for fraud.

Justice Department attorneys wrote, “Bowdoin’s Emergency motion is not just irrelevant to the emergency relief he requests, but utter nonsense. Bowdoin says that he has hired a lawyer named Gerald Nehra, who fashions himself as the country’s foremost expert in refuting Ponzi schemes, to prove that ASD was not one. Remarkably, Bowdoin attaches an affidavit from this lawyer to the very same pleading in which Bowdoin says that his customers will evaporate unless he is permitted to pay them with the funds they supposedly paid him for advertising!” Thus Bowdoin’s own pleadings make the case against him.

Tulsa Today’s second story is the most extensive describing ASD as a Ponzie scheme (click here for more) and the press release from the U.S. Department of Homeland Security, United States Secret Service states, :”Ponzi schemes promote allegedly lucrative business opportunities, when in reality there is in fact no underlying profitable business to support the payments promoters say they will make to the investors/participants … The version of the Ponzi scheme Secret Service investigators uncovered in the [ASD] investigation is referred to as an ‘auto-surf’ program, a form of online advertising that claims to generate revenue from so-called ‘advertisers’ who pay fees to have their websites displayed to other viewers through the ‘hosts’ web-based operation.

Image”In this Ponzi model, the host generates most, if not all, of its funding from membership fees, and therefore must use money received from later advertisers to pay rebates and referral fees to earlier advertisers. These programs collapse when new membership fees fail to cover the payouts promised to existing members,” the government wrote in the press release.

As Tulsa Today has previously published, there is no advertising value in a paid view within a closed system – that’s not advertising.

What is sad is the number of people who have contacted Tulsa Today that have lost more than they could afford to lose. One wrote he supported a family with $23,000 a year (which included much overtime) and he had invested $8,000 he could not afford to lose in ASD.

Many others wrote to support ASD apparently in response to pleas from Bowdoin to do so. In a conference call to members August 12, Bowdin said, “Faye and I receive letters every day from all the members, or a lot of the members, telling what ASD has done for them. Now they don't know what they'll do. They say they don't have any other avenues. Today we had one from someone in a wheelchair and they were making about $50 a day. It was keeping them in their apartment; it was helping them to purchase the prescription drugs that they needed. And now, it looks like they may be put out on the street. So folks, it has hurt a lot of people.”

Bowdin continued, “This is an attack of Satan because we were helping tens of thousands of people around the world. But we are more than [sic] overcomers, and we get our strength from God. And with God all things are possible. And we're on our way to a miracle folks. I believe beyond a shadow of a doubt that we'll be back in business, stronger than ever. It'll take all the doubts away from all these people about being a Ponzi, because it'll be proven that we are NOT a Ponzi.”

ImageGod doesn’t approve fraud, but apparently his name is often used by fraudsters. Our favorite of these e-mails is being framed for display in our office. Sent by Ronald who claims to be a pastor he manages to mention God, Satan, the U.S. Attorney, “ASD’s lawyer pool” and this writer in the same sentence. Impressive company for sure, but after a page of damnation, Ronald ended his missive with, “What is at stake here is your Eternal Soul. This is my concern. The Holy Spirit of God has sent me to tell you; even if you are right … you are still wrong. Repent and come home, I love you…my prodigal son!”

I wrote back, “God and I are fine, but frankly we are both worried a bit about you.”

Tulsa Today has also been the target of repeated harassing telephone calls threatening lawsuits from $13 to $30 million – we saved some of the audio files to better train new reporters. Some reporters in Florida believe the mafia is involved in ASD and suggested we watch our backs. We assured them there is no visible mafia presence in Oklahoma – our cowboys have more guns, our oilmen have more money, and the Indians will fight for the fun of it so we don’t really have any mafia function not fulfilled outside of government and, for that, we grow our own. (See Democrats Gene Stipe, Steve Phipps, Jason and Jeff McMahan for more detail.) Besides, some suggest mafia sons and daughters attend Oral Roberts University to stay under the Federal radar so Tulsa should be in good shape.

One reason we began a review of ASD was a scheduled meeting of the group in Tulsa August 23. That event didn’t happen. We went to the Tulsa Convention Center and the selected hotel and found no one knowledgeable or willing to admit an affiliation with ASD. We were ready to invite ASD officials, supporters, and Secret Service agents back to our offices only blocks away from the scheduled meeting. It could have been a great party – we had a live band and plenty of refreshments. I even worked up a new comedy routine called, “Teach a chicken to click.”

Time tells all truth and as events proceed we wonder if we should respond to a letter from a personal injury attorney who claimed he was retained by ASD to bring a defamation lawsuit against Tulsa Today and this writer. The letter was dated July 21, but we did not respond because no serious legal activity is conducted by mail without being sent certified. Apparently Ronald I. Meshbesher of Meshbesher and Spence, Ltd., 1616 Park Avenue Minneapolis, Minnesota did not believe in his client enough to spend $10 for a certified letter. We wondered why a company apparently incorporated in Nevada operating in Florida that at one time claimed to be operating under the laws of Panama would use a Minnesota law firm with no Tulsa connection to take a case against Tulsa Today.

We would rather talk with Mr. Meshbesher about how Adrian Peterson, Garrett Mills, and Gus Frerotte are doing for the Minnesota Vikings. In regard to his inquiry, we retract nothing and more stories may well be forthcoming. We repeat our suggestion for any considering an investment in ASD – stay financially ahead by keeping your money in your pocket and run like hell.

Further, we invite all who believe that auto-surf programs are legitimate advertising to supply what documentation they may be able to provide to support their case. We believe each and every one of those auto-surf programs should be reviewed by Federal authorities as we dispute the value of such programs.

Tulsa Today has always held the ability to tweak our site to generate great volumes of numbers, but we are growing something far more valuable – a vibrant intelligent community of real people from Brooklyn to Beijing who have some interest in Tulsa and who read and think and buy when advertisers provide messages that move them. We will stack our 100,000 unique readers per month against any group of paid chicken clickers – any day, any time.

Last Updated ( Saturday, 30 August 2008 )

Tulsa Today - ASD internet ad fraud grows to $93.5 million

okosh · 09-03-2008, 01:08 AM

From scam(dot)com...

Subpoena to appear b4 Grand Jury

http://www.scam.com/attachment.php?a...5&d=1220392750

mm101 · 09-04-2008, 12:59 AM

Quote:

Originally Posted by okosh

Tulsa Today - ASD internet ad fraud grows to $93.5 million

ASD members now have a new site to make them money while the ASD site is down. It was created by an ASD Member. Anyone can get into it an there is alot of money to be made in it. Please visit the link below to see how it works.

http://www.cashleveragingnetwork.com/home.php?rid=3837

okosh · 09-09-2008, 12:26 AM

Quote:

Originally Posted by mm101

ASD members now have a new site to make them money while the ASD site is down. It was created by an ASD Member. Anyone can get into it an there is alot of money to be made in it. Please visit the link below to see how it works.

ASD will NOT be back....

And please pimp your garbage elsewhere

**FTC warning on such scams...
The Gifting Club "Gotcha"

okosh · 09-18-2008, 10:23 AM

Following was posted at TG and is yet to be verified

Quote:

Government Has Agreed to Release ASD's Computers

Posted September 17, 2008

The United States Attorney General's office has agreed to release ASD’s computers and electronic equipment today. Representatives from ASD are on their way to Orlando to take possession of the items and should be back in Quincy sometime later tonight.

We see this as a positive first step in returning to the business of providing an advertising vehicle for all our members. We also look forward to the return of all our other assets and being exonerated of all accusations of business impropriety.

ASD NEWS | Building Your Business One Ad at aTime

okosh · 09-23-2008, 05:05 AM

Thanks to littleroundman who posted this at TG

Quote:

BREAKING NEWS . . .

Golden Panda Ad Builder has made a deal with prosecutors to dissolve the company, not come back online except to serve as a point of reference for the ASD case and cooperate with prosecutors.

The quoted passages below are from Golden Panda's attorneys and were filed today in U.S. District Court In Washington, D.C. (emphasis added).

"Golden Panda Ad Builder and Clarence Busby, Jr., claimants in the above-referenced case ("Claimants"), by counsel and with the consent of the United States, hereby submit this motion to dismiss the Claimants' claims to all funds seized by the United States.

"Claimants understand that dismissal of their claim may result in forfeiture to the United States of all funds previously claimed by Golden Panda and Clarence Busby, Jr.

"Claimants also have agreed to provide to the United States additional funds and uncashed checks, all of which constitute proceeds derived from Golden Panda's eight days of operation. In addition to its voluntary forfeiture of the foregoing funds to the United States, Golden Panda has authorized its attorneys to dissolve the Golden Panda corporation, thereby causing Golden Panda to cease its existence as a legal entity. Moreover, having discontinued its operations upon receipt of notice that the United States had seized Golden Panda's funds, Golden Panda now has made that cessation permanent."

Clarence Busby Will Cooperate With Prosecutors

Clarence Busby, through his attorneys, said today in court filings that he will cooperate with the government.

"Golden Panda has agreed to facilitate the United States' effort to identify the persons who provided funds to Golden Panda, and to that end, Golden Panda will post on its web site a notice to the public that will describe these events as well as the salient facts that led to its decision to cease operations," Busby's attorneys said.

"As to that latter point, Golden Panda will explain that while Golden Panda sought independent legal advice immediately before commencing business and was the very day before the seizure order receiving that advice as to the limits of the law, it theretofore operated on the understanding from Ad Surf Daily's representatives that the Ad Surf Daily business, upon which Golden Panda was modeled, operated lawfully in every respect and, so, believed it so.

"Nonetheless, now apprised by its separate counsel of the legal limits, and of the position of the United States, Golden Panda has no interest whatsoever in continuing its operations and has every interest in aiding the United States in restoring funds paid by third parties to Golden Panda.

"Golden Panda further consents to denial of each of its pending motions as moot.

"Accordingly, with the consent of the United States, Golden Panda respectfully requests that the Court dismiss or strike Claimants' claims for the seized properties."

Patrick Pretty: Internet Marketing's 'Master Of Eye Candy' Talks Branding And Copywriting

okosh · 10-01-2008, 10:35 PM

Quote:

ASD Evidentiary Hearing Enters Second Day
Wednesday, October 1, 2008

Tension is building among members of ASD Cash Generator as the hearing to determine whether its seized assets will be unfrozen enters a second day.

ASD said in court filings that it would submit to court monitoring if the funds were released in whole or in part. ASD has asked Judge Rosemary Collyer to weigh the Constitutionality of the seizure, something that may give ASD an appeal route if the motion is denied.

Last night, the ASD Member Advocates Forum closed down, saying "We have been asked Not to post anything about the hearing." The forum did report that witnesses had been sequestered and that things went well for ASD yesterday.

One of the issues in the case is whether ASD is a Ponzi scheme that lacks adequate revenue streams beyond member fees and pays older members with money from incoming members.

Patrick Pretty: Internet Marketing's 'Master Of Eye Candy' Talks Branding And Copywriting

okosh · 11-20-2008, 12:18 AM

Thanks to Littleroundman

Quote:

III. CONCLUSION
For the foregoing reasons, the Court will deny Claimants’ Motion to Dismiss and
their Emergency Motion for Return of Seized Funds [Dkt. # 7]. The Court will also deny Claimants’
Petition to Determine Proportionality as premature [Dkt. # 27]. A memorializing order accompanies
this Memorandum Opinion.
Date: November 19, 2008 /s/
ROSEMARY M. COLLYER
United States District Judge

https://ecf.dcd.uscourts.gov/cgi-bin...?2008cv1345-35