Government Opposes Bids By ASD Figures Todd Disner And Dwight Owen Schweitzer To Reopen Lawsuit And Boot Federal Judge From Case
AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer should not be permitted to reopen their lawsuit against the government for alleged misdeeds in bringing the ASD Ponzi-scheme case in August 2008, government lawyers said in court filings today.
Moreover, the bid by Disner and Schweitzer to force U.S. District Judge Rosemary Collyer of the District of Columbia to recuse herself from the case should fail because the ASD duo’s “dissatisfaction with the Court’s rulings is not a basis for recusal,” the lawyers said.
Disner and Schweitzer, who became pitchmen for the alleged Zeek Rewards Ponzi scheme after their ASD days ended, sued the United States in November 2011. Collyer dismissed their lawsuit in late August, ruling that Disner and Schweitzer lacked standing to bring their 4th Amendment claim.
Collyer dismissed the case on Aug. 29, the same date upon which she sentenced ASD operator Andy Bowdoin to 78 months in federal prison. Bowdoin, 77, admitted in May that ASD was a Ponzi scheme and that the firm never operated lawfully from its 2006 inception.
Summoning a fancy word in their bid to force Collyer to step down, Disner and Schweitzer accused the judge of “sophistry.”
The move by Disner and Schweitzer to prevent Collyer from hearing ASD-related matters was at least the third. Two others failed — one by purported “sovereign” being Curtis Richmond in 2009 and another by Bowdoin himself in 2009.
“Plaintiffs’ motion to reopen and set aside the Court’s Order of August 29, 2012, merely rehashes arguments previously raised and fails to demonstrate any error, let alone clear error, in the Court’s ruling granting Defendant’s motion to dismiss. Likewise, the record provides no support for Plaintiffs’ motion to recuse Judge Collyer and this motion, too, should be dismissed,” the government said.
ASD was a Ponzi scheme that raised at least $119 million, federal prosecutors said.
Zeek Rewards was a $600 million Ponzi- and pyramid scheme, the SEC said on Aug. 17.
Precisely when Disner and Schweitzer joined Zeek is unclear.
What is clear is that some very strange events have occurred since the U.S. Secret Service brought the civil portion of the ASD Ponzi case in 2008.
Purported “sovereign citizen” Kenneth Wayne Leaming is jailed near Seattle on charges he brought false liens against Collyer, three federal prosecutors and a U.S. Secret Service agent who had roles in the case.
Leaming was arrested by an FBI Terrorism Task Force in November 2011. He since has sued President Obama and Attorney General Eric Holder. Separately, Leaming sued a county sheriff in Arkansas.
Some ASD members claimed Leaming was doing legal work for them, even though he is not an attorney.
Disner, who solicited funds to sue the government for alleged misdeeds in the ASD case, also was involved in an effort by Zeek figure Robert Craddock to raise funds to intervene in the Zeek case.
Precisely how Craddock intends to do that is unclear.