Objection to Motion re 37 Defendant’s MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, Defendant’s MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM Defendant’s MOTION to Change Venue to District of Columbia filed by Dwight Owen Schweitzer. Replies due by 6/25/2012. (cqs) (Entered: 06/18/2012
Of course they object. Even if they cannot prove any part of their complaint, they will object to any response that does not mirror their own misguided perceptions. Here are a few of their “arguments”, the full document is on the Files website.
The activity of ASD took place in the state of Florida
Andy’s wife is sick
There has never been a finding by a preponderance of the evidence that the alleged activity that 1ed to the forfeiture was in fact, a Ponzi scheme
A seizure that is unconstitutional at its subsequent events short of a retroactive constitutional amendment
Todd and Dwight’s info on ASD servers was “private” because they were on a HTTPS (secure) server.
They have “standing” in the case because at the time of the seizure, they had not gotten all of their Ad Pack views
The affidavits contain “no operative facts or appropriately supported opinions to offer a disinterested and objective magistrate the ability to find probable cause”
That Disner’s 4th Amendment rights were violated when his “Motion to Intervene” was denied for lack of standing
“As a result of the government’s action, the plaintiffs cannot tile accurate tax return, have lost both past and future business revenues, their reputations have been damaged to the extent that they recruited others to join in the program that the defendant alleged to be a Ponzi scheme, and by inference the plaintiffs have therefore enlisted others to participate in an illegal enterprise .”
“The Plaintiff’s complaint is replete with specific allegations of the inadequacy of the process the defendant used to gain possession of the plaintiff s records”
There is a section entitled “The Search And Seizure of Encrypted And Password Protected lnformation Solely Belonging To The Plaintiffs Falls Within The Zone Of lnterests Protected By The Constitutionally Defined Right Of lndividuals To Be Free From Unreasonable Searches And Seizures”
“Judge Collyer cannot reverse herself on the same issue previously presented to her, and therefore the plaintiff’s ought not be sent there. The plaintiffs contend that sending them to the D, C. District is tantamount to a pro forma dismissal of the plaintiff’s claims.”
“The plaintiffs have already waited almost four years for this injustice to be addressed and to have their day in court”
“Based upon the foregoing, the defendant’s motion to dismiss should be denied as the court has subject matter jurisdiction upon which it can enter a declaratory judgment and for that reasons stated above, the case should not be transferred to the District of Columbia.”
I get the feeling that they do not want to go before Judge Collyer and will say whatever they feel necessary to stay in Florida. But, no other Judge has as much experience regarding ASD, so Dwight may well be appearing before Judge Collyer eventually, if the Florida case is not dismissed for lack of jurisdiction.
The following information comes from the VINE website:
Offender Name: THOMAS BOWDOIN
Offender ID: 335084
Date of Birth: 11/09/1934
Custody Status: In Custody
Location of Offender: Correctional Treatment Facility
Perhaps he is in the Treatment facility (medium security) due to his age or health conditions, or to make things more convenient for the DOJ to speak with him prior to Sentencing, as the facility has single rooms.
I would imagine that reminiscent of ASD post-raid events in 2008, some of his remaining cheerleaders will send Andy their supportive thoughts, homemade brownies/cookies or send money to his Inmate Account. It would not come as a shock if they did.
On their Contact Us page, we see what they have been doing for the last few weeks, confusing their trail. Being registered in Panama will not save them from US justice any more than it saved Manuel Noriega.
The corporation’s registered address is:
New Horizons Network, Inc.
Calle 50 y Calle Santo Domingo, Edificio Global Bank, Piso 18, Oficina 1806
Panamá City, Panamá 0832
A cursory check of the QLXchange/OneX website now shows this: (italics added)
In today’s economy, it seems that everyone is looking for a way to earn extra income. The shrinking job market, falling asset values, and economic uncertainty makes every day a struggle. Financial success can be a significant factor in developing a low-stress, worry-free life-style, and QLXchange offers an innovative way to earn a secondary income by building a home-based business to help you achieve your goals. Who knows, it may even become your primary income.
Network marketing uses all of the leverage offered via the Internet to help you prosper in an ever-growing industry. And, QLXchange is a unique business opportunity, which provides its members the ability to earn money by marketing a valuable commodity and motivates you to share this opportunity with others, which will increase your income, as well.
This program is network marketing at its finest with a high paying commission structure and a product that has the potential to significantly increase in value over the next year and beyond. The core products offered by QLXchange are marketing education, investment reports, and a silver savings program.
By joining QLXchange as a sales professional:
You gain access to discounts on all your silver purchases
You will be provided the sales and marketing tools to be a successful Internet/Network Marketing professional
You will receive home-based business building skills/knowledge
You earn residual income for every person in your downline
It’s odd they mention “Silver savings”, since they are not in the Silver business as yet. The parent company of OneX has nothing to sell. Sort of strange, but not uncommon in MLM Scams.
Anything that you get from these people can be found on the Internet for free. Their product is not really a product, but an attempt to mask the fact that they are running a pyramid scheme, and they are doing it rather badly. Like many online schemes, no one is exactly certain of who runs this program or how many more former ASD/Ad Cash Generator pimps and promoters are in this one besides Rayda Roundy.
Today, we have a new entry on the PACER docket files for the ASD Justice lawsuit seeking a Declaratory Judgement. One defendant, Rust Consulting, has been removed from the case due to lack of jurisdiction and failure to state a proper claim. I especially like Judge Altonaga reminding Dwight of the Rules, having been previously castigated by him for thinking he didn’t know the rules, after all, he had a case go before the US Supreme Court (something that I imagine he tells everyone he meets)
ORDER that Plaintiffs have until June 18, 2012 to file a response to Defendants Motion. Failure to do so will result in the Court granting Defendants Motion to Dismiss by default without further notice. re 37 Defendant’s MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, Defendant’s MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM Defendant’s MOTION to Change Venue to District of Columbia filed by United States of America, Set/Reset Deadlines as to 37 Defendant’s MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, Defendant’s MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM Defendant’s MOTION to Change Venue to District of Columbia.( Responses due by 6/18/2012). Signed by Judge Cecilia M. Altonaga on 6/8/2012. (ch1) (Entered: 06/08/2012)
I found a news report on the web about a new Scam being perpetrated from India, where they have a call center making Collections Calls to people who don’t owe any money. Sometimes, they identify themselves as “Police Officers”, even though they have a very noticeable Indian accent. They threaten people with jail, exposing their debts to friends and family, and other coercive and illegal methods.
They have identified and filed an FTC civil suit against one Kirit Patel, the supposed US connection who collects the money and sends it to India. They did achieve their goal of securing an Injunction against the company and persons responsible in the US for facilitating the India-based fraud.
You can read more about it here in and FTC press release.
United States v. Thomas Anderson Bowdoin, Jr., aka, Andy Bowdoin 1:10-cr-00320-RMC Judge Rosemary M. Collyer
On Tuesday, June 12, 2012, at 11:00 am, in Courtroom 8 of the United States District Court in Washington, D.C., Judge Rosemary M. Collyer has scheduled a revocation hearing for Mr. Thomas Anderson Bowdoin.
On Wednesday, August 29, 2012, at 11:15 am, in Courtroom 8 of the United States District Court in Washington, D.C., Judge Rosemary M. Collyer, has scheduled a sentencing hearing for Mr. Thomas Anderson Bowdoin.
Defendant’s MOTION to Stay Discovery by United States of America. Responses due by 6/21/2012 (Wherry, Karin) (Entered: 06/04/2012)
In the motion, the defendant wants to stay discovery pending resolution of their pending motion to dismiss the case entirely (as it should be). They go on to state their reasons as:
Rust Consulting filed a motion to dismiss based upon lack of subject matter jurisdiction, standing and a lack of controversy sufficient to justify entry of declaratory judgment (DE 14). By order entered on April 10, 2012, the court granted Rust Consulting’s motion to dismiss for lack of jurisdiction since the plaintiffs failed to present a claim sufficient to satisfy the controversy required to maintain and justify award of declaratory judgment.
The defendant submits that the plaintiffs lack standing to maintain their allegation of a fourth amendment violation and also lack the necessary “controversy” to maintain an action for declaratory judgment (DE 37). As an alternative,
the defendant’s motion to dismiss proposes a transfer of venue to the District of Columbia where United States District Judge Rosemary Collyer has handled all the prolific litigation in the two related forfeiture cases since 2008 and a related criminal case currently pending (Id.).
The United States’ motion to dismiss is potentially dispositive of all the issues raised in the complaint for declaratory relief. The defendants submit that the plaintiffs lack standing to maintain an action for declaratory relief, thereby divesting the court of jurisdiction under Fed.R.Civ.P. 12 (b)(1) and also plaintiffs have failed to state a claim under Rule 12 (b) (6) .
The defendant’s motion to dismiss is based upon the allegations in the complaint, and neither the parties nor the court need discovery for the court to rule upon the motion.
The defendant’s motion to stay is prudent since the defendant’s motion to dismiss is prospectively dispositive on all that is raised in the complaint. Based upon the foregoing, the defendant seeks the court to exercise its discretion to stay discovery pending the court’s resolution of the defendant’s motion to dismiss.
Since neither Dwight Schweitzer or Todd Disner have filed a response to the Defendant’s Motion to Dismiss, one wonders if they don’t already see the probable outcome of this endeavor. I hate to say “I told you so”, but….. ASD Justice has until the 21st of this month to reply to the Motion to Stay Discovery.