AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer — later to become pitchmen for the alleged Zeek Rewards Ponzi scheme — have appealed the dismissal of their ASD-related lawsuit.
In August, U.S. District Judge Rosemary Collyer dismissed claims by the ASD duo that their 4th Amendment rights had been violated when ASD computer records were seized in 2008.
Disner and Schweitzer had no standing to make the claim and had no privacy interests in records they voluntarily conveyed to ASD, Collyer ruled.
In September, the duo sought to reopen the case and have Collyer removed from hearing it, but Collyer said no.
Disner and Schweitzer now have appealed to the U.S. Court of Appeals for the District of Columbia the Aug. 29 final judgment and their denied motions to reopen the case and have Collyer stand down.
The combined ASD and Zeek schemes fetched at least $719 million, according to federal records. On Aug. 17, the SEC described Zeek as a $600 million Ponzi- and pyramid fraud.
ASD was a $119 million Ponzi scheme, according to the U.S. Secret Service. The Secret Service said in August that it also was investigating Zeek.