DISTURBING: Out On Bail After Ponzi Arrest, Is Andy Bowdoin Giving Marching Orders? Email Attributed To Former ASD Executive Gary Talbert Advises Members To Tell Claims Processor They Were Purchasing ‘Advertising’
UPDATED 9:28 A.M. ET (U.S.A.) On Dec. 1, a federal magistrate judge set bail of $350,000 for AdSurfDaily President Andy Bowdoin and ordered him not to commit a federal, state or local crime after his arrest by the U.S. Secret Service on charges of wire fraud, securities fraud and selling unregistered securities.
Bowdoin, 76, was specifically warned that he could be held in contempt of court for violating conditions of his bail. The conditions included an order not to obstruct the investigation or tamper with witnesses.
Now an email attributed to former ASD and AdViewGlobal executive Gary Talbert has surfaced that is raising questions about whether Bowdoin is trying to suppress the victims’ count and manipulate ASD members who seek to file restitution claims with Rust Consulting Inc., the official claims administrator in the $110 million Ponzi case.
The email specifically references Bowdoin’s arrest, but makes no reference to the bail conditions set by U.S. Magistrate Judge Thomas G. Wilson in advance of a scheduled appearance by Bowdoin in U.S. District Court for the District of Columbia Dec. 17.
Bowdoin made his initial court appearance before Wilson in Florida.
“Got a email from Andy and he told me to go ahead and send this email out to everyone,” noted the email attributed to Talbert, who filed a sworn affidavit on ASD’s behalf in U.S. District Court for the District of Columbia in 2008. “He does have a hearing on Dec. 17th in Washington D.C. He and his lawyers are still positive on the out come.”
“Here is just a idea and I think this will work for everyone,” the email continued. “This should keep everyone legal. Because I think everyone understood it was not a investment. I believe it is time to fill out the info. from Rust inc. with the following addendum.
“Where it asks for your signature write in there ‘See addendum’.
“Now put this in your own words on the addendum. Here is a out line.
“On the addendum write that you knew this was not a investment and you where purchasing advertising. Now since the gov. stopped my advertising company and I did not get my advertising I would like to get my advertising money back from whom ever is holding it now. Sign it and send it in with the forms from Rust.”
News about the email attributed to Talbert was spreading among ASD members last night. Separately, ASD figures Kenneth Wayne Leaming and Christian Oesch have filed an ASD-related lawsuit in the U.S. Court of Federal Claims that apparently seeks the spectacular sum of $29 TRILLION from a federal judge, three federal prosecutors and a Secret Service agent involved in the ASD Ponzi case.
On June 30, 2009, AdViewGlobal was cited as an extension of ASD in a racketeering lawsuit filed against Bowdoin by ASD members. The reference was dated June 29, 2009, the same day Bernard Madoff was sentenced to 150 years in federal prison for his Ponzi scheme.
Federal prosecutors now say Bowdoin faces up to 120 years in prison if convicted of all counts against him.
“AVG is the next iteration of the Ponzi scheme auto-surf programs, which [are] staffed with former ASD executives and Bowdoin disciples, including George Harris, the stepson of Bowdoin, who is listed as an AVG trustee, Gary Talbert, former ASD executive served as CEO of AVG and now serves as an accountant, Nate Boyd, a former compliance officer at ASD, serves as ‘Protector’ of the AVG association, and Chuck Osmin, a former ASD employee who testified on ASD’s behalf at the evidentiary hearing before this Court last fall is a customer service representative of AVG,” the RICO plaintiffs claimed.
The grand jury that indicted Bowdoin began to meet in May 2009. During that same month, AVG was scurrying to reconfigure itself after gathering money from members and offering 200 percent “bonuses” for months. AVG launched in the aftermath of the seizure of tens of millions of dollars from Bowdoin in August 2008, the filing by the government of a second forfeiture complaint against ASD-connected assets in December 2008 and the filing of the racketeering lawsuit against Bowdoin.
The December 2008 forfeiture complaint specifically named Bowdoin family members Edna Faye Bowdoin, George Harris and Judy Harris as beneficiaries of crimes committed by ASD. Edna Faye Bowdoin is Andy Bowdoin’s wife; George Harris is Bowdoin’s stepson; Judy Harris is the wife of George Harris.
In January 2009, just days prior to its official launch in early February, AVG bizarrely both confirmed and denied it had ties to ASD.
The appearance of AVG graphics in an ASD-controlled webroom after the federal seizure was an “operational coincidence,” AVG memorably explained. The announcement was attributed to Chuck Osmin, himself a former ASD employee.
Even though AVG previously had denied ASD ties, the upstart surf then announced that Talbert was its CEO.
“Since Mr. Talbert was and is the C.E.O. for both companies and had worked with the same web room company while at ASD, it would be very natural for him to choose and use many of the same venders (sic) that he had used before. So, the fact that ASD and AdView Global are using the same web room hosting company is no accident, in fact it is an operational coincidence,” AdViewGlobal said.
Why the surf identified Talbert as ASD’s CEO was unclear. He was listed in his own sworn court documents in the ASD case as ASD’s “Human Resource Manager, Assistant CFO and Website Editor.”
By March 2009, AVG announced that Talbert had resigned as AVG’s chief. It also announced that its bank account had been suspended, blaming the development on members.
In May 2009, AVG announced that it had secured a new, offshore wire facilitator to help it gather money from members. The announcement was made on the same day the Obama administration announced a crackdown on offshore financial fraud. (See this story and included links for updates on AVG’s purported facilitator, KINGZ Capital Management. There is a tie between KINGZ and Minnesota Ponzi schemer Trevor Cook.)
By June 25, 2009, AVG announced it was suspending cashouts, again blaming the development on members while threatening members and journalists with copyright-infringement lawsuits for reporting the news.
Just four days later, on June 29, 2009, the RICO plaintiffs in the ASD lawsuit referenced AVG in a court filing docketed the following day, June 30. By September 2009, federal prosecutors made a veiled reference to AVG in filings in the ASD case.
By Sept. 29, 2009, an email attributed to ASD spokeswoman Sara Mattoon was circulating among ASD members. The email specifically instructed members not to fill out a government form that would be used as part of the restitution process.
“Soon after the ASD shutdown, the DOJ (Dept of Justice) set up a website for people to file a claim for the money they had in ASD,” Mattoon was quoted as saying in the email. “As soon as I heard about it, I told everyone not to do it because I could see what the Government was trying to do, but some people didn’t realize what it was and afterwards they regretted doing so.”
The Matton email referenced an earlier email attributed to ASD member and purported trainer Robert Fava. Like the Mattoon email, the Fava email discouraged members from filling out the government form, describing it as “ammunition” that could be used against ASD.