‘Paperless Access’ Video Release, Removal Coincided With Issuance Of Second Summons To Bowdoin, Garner, Busby
News that a federal court had issued a second summons to ASD President Andy Bowdoin, ASD attorney Robert Garner and Golden Panda Ad Builder President Clarence Busby to notify them they’d been named defendants in a racketeering lawsuit broke on March 19.
On the same date — March 19 — a video for upstart surf company Paperless Access that featured Bowdoin telling viewers that they could recapture money seized by the U.S. Secret Service in the ASD Ponzi scheme investigation appeared online. The video was removed from the Paperless Access site within days — without explanation.
Lawyers in the racketeering lawsuit said yesterday that Bowdoin, Garner and Busby still have not been served with notice of the RICO lawsuit — despite the issuance of the original summons on Jan. 15 and the follow-up summons on March 18.
Now U.S. District Judge Rosemary Collyer has granted a delay in the RICO case.
Plaintiffs Mike Collins, Frank Greene and Natures Discount Inc. â€” all former ASD members â€” asked for the delay yesterday.
Bank of America, named a non-RICO defendant in the lawsuit and accused of aiding and abetting Bowdoin, Busby and Garner in a fraud scheme, joined in the plaintiffs’ motion.
The Plaintiffs now have until April 30 to respond to a BOA motion to be dismissed as a defendant, and BOA has until May 20 to respond to the plaintiffs’ argument against the dismissal.
Why Bowdoin, Garner and Busby have not been served more than two and one-half months after the filing of the lawsuit is unclear.
Also unclear are the date upon which the Bowdoin video for Paperless Access was recorded and the location at which the video was recorded.
Some rank-and-file ASD members were outraged that Bowdoin was pitching another surf. They also were angry that Bowdoin had transferred the ASD database to Paperless Access, which gave the company access to private information.
The first explanation for the video removal appeared yesterday, several days after the video disappeared from the Paperless Access website. A Mod at Surf’s Up, a Pro-ASD forum that received ASD’s official endorsement as an ASD infomation source in November, reported that Bowdoin asked Paperless Access to remove the video because the firm had “not accurately presentedâ€ its program to Bowdoin.
Surf’s Up did not explain how the company misrepresented itself to Bowdoin.
Also left up in the air were questions about why Bowdoin sent an email broadcast yesterday for Paperless Access after apparently deciding days ago that the firm had misrepresented itself and asking for the video to be removed.
Bowdoin has not announced to members — through Surf’s Up or in a conference call — why he has not responded to the RICO complaint.