How to best use this site:

IMPORTETANT NOTICE: THE COMPLAINT WE INTEND TO FILE IS DRAFTED BUT WE ARE STILL SHORT OF FUNDS.  IT IS IMPORTANT FOR OUR MEMBERS TO KNOW THAT IF THE SEARCH AND SEIZURE IS RULED ILLEGAL AS TO US IT IS ILLEGAL AS TO EVERYONE AND THEY MUST GIVE EVERYTHING BACK (AND MORE). WE ARE ALMOST THERE.

 PLEASE HELP US GET OVER THE LAST HURDLE.

THOSE WITH QUESTIONS OR COMMENTS; EMAIL ME:  DwightSchweitzer@aol.com  AND I WILL CALL YOU OR EMAIL YOU BACK.

* * * * * * * * * * * * * * *

Once you are here you will see on the right the word ‘Archives’ and below it a month denoting when posts were made starting with April 2011. Just select the month and you will see the posts in that month.  Just click on it, and  it will give you access to all the postings for that month. When you see “older posts” at the end, be sure to click on that as well so you see the full list of posts.

You can then select whatever you want to look at and it will take you to the full post.  You can ‘subscribe’ to this post and by doing so you will be kept informed of additions, changes, and other activities that ocurr here.

If you have any questions or suggestions, there is an area under each post that allows for comments; feel free to offer them. We will try to respond to questions within 24 hours, just leave an email address.

Thank you.

For those of you who either missed a conference call or would like to hear it again here are the links to the three that we have had so far:


ASD Justice FIRST Call 2-15-2011

http://www.byoaudio.com/play/W6PpyHvG

ASD Justice
SECOND Call 3-3-11

http://www.byoaudio.com/play/WWBFgM6GASD

ASD Justice
THIRD Call 3-21-11

http://www.byoaudio.com/play/WX8fDQcG
Recording with Larry Saenger, Todd
Disner  <
tdisner@gmail.com>,  and Dwight
Schweitzer.

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We Need Your Help: Here is how you can.

As many of you know, for the past several months we have been collecting a war chest to enable us to attack in Court, what we are convinced was the governments’  illegal seizure of our money.  We are not yet there although many small contributions have been received.  Unfortunately Andy has refused us access to his list or to make an email appeal to help us despite the fact that he too would benefit from our success.

We now have access to a list of about 1500 names, towns and zip codes but not street addresses and need help looking them up. Just email Todd or myself telling us how many addresses you are willing to complete and we will email them to you.  DwightSchweitzer@aol.com

If you will then email back the full addresses we will cut and paste them into a mailing to them asking their help. So far we have reached about 75% of minimum our goal and much preparatory work has been done, some of which is on this blog.  We know times are tough and money is tight but if  you can spare a little time PLEASE HELP US GET THESE ADDRESSES!

Please pass our need on to your down lines and anyone else you know who has suffered from what the government did to ASD and more importantly to us.

Make your checks out to Todd Disner and mail them to him at:

Todd Disner, 701 Brickell Key Blvd. # 304, Miami, FL 33131

Be sure to put ASD on the envelope. Todd’s Email is:   todd.disner@Gmail.com and his phone number is (971) 322-3686

Dwight’s email is  DwightSchweitzer@aol.com


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Table of Contents

Table of Contents (these are NOT links; go to ‘Archive’ by month of publication to read whatever you are looking for)

  1. We Need Your Help: Here is how you can
  2. The ASD Justice Blog: Here you will find posts and comments about our activities     
  3. Affidavit of Gerald  Nehra, Esquire. Argument by Gerald Nehra, Esquire in support of his Affidavit & Gerald Nehra’s Curriculum Vitae
  4. Some of the Federal Rules of Civil Procedure that apply to   the           ASD Matter
  5. Sample Affidavit of Unauthorized Endorsement
  6. The Memorandum to Todd from Dwight regarding the 4th           Amendment Issues
  7. Excerpts from 18 USC 983 – General rules for civil           forfeiture proceedings
  8.  ASD’s Terms of Service: Member
  9. ASD’s Terms of Service for Advertisers


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ASD’s Terms of Service for Advertisers

Please note that as with the TOS for members, none of the terms and conditions from this document were cited by the government in support of it’s case or it’s claims that ASD was a Ponzi scheme:

Terms of Service – Advertiser

THESE TERMS OF SERVICE SET FORTH THE TERMS AND CONDITIONS UNDER WHICH ADSURFDAILY, INC., (HEREINAFTER REFERRED TO AS “ASD”) WILL PROVIDE ITS SERVICES. THESE TERMS ARE AN AGREEMENT BETWEEN THE ADVERTISER AND ASD. THE TERMS DESCRIBE THE ADVERTISER’S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES.

THE TERMS OF SERVICE ALSO DESCRIBES THE RIGHTS AND OBLIGATIONS OF ASD. THE ADVERTISER MUST READ THESE TERMS OF SERVICE CAREFULLY AND BE SURE THAT HE OR SHE UNDERSTANDS THESE TERMS OF SERVICE. IF THE ADVERTISER DOES NOT AGREE TO THESE TERMS OF SERVICE, THE ADVERTISER SHOULD NOT ACCESS OR USE THE SERVICES OF ASD.

1.1. Creation or use of an account with ASD means the Advertiser accepts ALL the terms and conditions of this agreement and is bound by the terms herein.

1.2. The parties to this agreement are ASD and the Advertiser.

1.3. In this agreement, “you” or “your” means any person or entity of whatsoever nature using the Service (“Advertisers”). Unless otherwise stated, “we,” or “our” will refer collectively to ASD.

2. Although we will attempt to keep Advertisers informed of any changes in these Terms of Service, we may amend this Agreement at any time without any prior notification by posting the amended terms on our site. We will notify you via the e-mail address you have on file with ASD of any changes to the terms.  ASD expressly reserves the right to make said changes and same may be posted on the website or otherwise noticed to Advertisers in addition to or in lieu of the hereinabove mentioned e-mails.

3. We value our Advertisers and wish to provide them with a results-oriented advertising program. To offer you the best service, all advertisers need to follow the same Terms of Service. These Terms of Service are intended to make ASD the most efficient and profitable advertising program in the industry.

Viewing Incentive Program (V.I.P.)

Advertisers websites will be viewed through the VIP Program, available to Advertisers who choose to become ASD Members. Becoming an ASD Member is a separate activity, and is controlled by a separate Member Terms of Service. Information about the VIP Program, provided below, is for information only, and the Member Terms of Service document is controlling..

ASD has an innovative VIP Program. A Member who is also an Advertiser can recoup a portion of their advertising costs by viewing 24 web sites of other Advertisers on a daily basis for 15 seconds each. A Member must also be an Advertiser with an “incentive qualified” ad package to earn incentive payments.

Sometime between 12:01 am and 9:00 am Central Standard Time (CST), ASD totals the number of ad package sales, banner ad sales, ebook sales and the commissions received from http://www.attractmarketingsystem.com for the previous day.

ASD multiplies the total of all these sales by 50%. ASD then divides this total by the total number of outstanding ad packages. This determines the amount to be paid per ad package. That amount will be multiplied by the number of ad packages in each Advertiser’s account and the total will be credited to his/her Member cash account on a daily basis. VIP incentive payments will show up in Member’s accounts after midnight EST. If a Member misses a day of viewing the required number of web sites, the Member does not earn any VIP incentives or leadership bonus for that day only.

Members will be paid VIP incentives based upon “incentive qualified” ad packages. An ad package remains “incentive qualified” for 150 days.

To maintain the stability of the program the daily VIP incentive payments will be capped at 8%. Any excess will go into a reserve account to be used when VIP incentive payments are extremely low. Five percent (5%) of ad package sales, banner ad sales and ebook sales on the Cash Generator will be placed in the reserve account to be used for the same purpose.

Your ad package will remain “incentive qualified” for 150 days.

Five percent will be placed in a reserve account to be paid out as a VIP incentive when needed.

Five percent will be used for contests and raffles.

Fifteen percent will be used for referral commissions.

Fourteen percent will be paid to various boards, trainers and designers.

Eleven percent will be used for administrative costs, customer support, hosting, site maintenance, advertising and profit.

Referral Commissions:

In addition to the VIP Program, available to Advertisers who choose to become Members, ASD offers a Referral Commission program to anyone, whether or not they have chosen to advertise with ASD. See the Member Terms of Service for full details.

Ad Packages and Credits

All payments made to ASD are considered advertising purchases, not investments or deposits of any kind. All sales are final. ASD does not guarantee any earnings, nor the continuation of the VIP Program, in its present or modified form.

Each ad package is $1.00 and is made up of 1 credit. You get 1 showing of your web site for each credit. The minimum ad purchase is $10.00. The minimum cash out is $10.00.

Advertisers who choose to become Members and participate in the VIP Program will receive 1 credit (1 showing of your web site) for each site you view. You must view 24 web sites each day for 15 seconds each to receive your daily incentive payment. Viewing 24 sites daily will provide you with enough credits to keep your web site showing everyday.

Members can view a maximum of 72 web sites per day. This will enable the Member to keep 3 web sites showing on a daily basis. You can show one web site, view web sites and earn credits even as a free member.

Maximum Ad Purchases

You may own a maximum of 9000 ad packages at $1.00 each at any one time for a total of $9,000.00.

Number of Web Sites that can be Advertised

Free Members can advertise 1 web site for 10 days. If you have purchased ad packages but you choose to not become a paying Member, you can advertise 3 web sites for as long as you have active ad packages. If you pay a membership fee of $10.00 per month you can advertise 3 web sites for as long as you have active ad packages. If you pay a membership fee of $25.00 per month you can advertise 4 web sites for as long as you have active ad packages. If you pay a membership fee of $75.00 per month you can advertise 5 web sites for as long as you have active ad packages.

User-Supplied Content:

ASD’s services and materials may be used for lawful purposes only.

Spam: If you are found to have spammed, without warning, ASD reserves the right to disable or terminate your account immediately. All funds will be forfeited. ASD may impose a penalty for each spam policy violation. ASD also reserves the right to determine what violates this policy, in which case, any violation that occurs will result in account termination without refund of any monies.

Refusal of Service: ASD, at its sole discretion, reserves the right to refuse or cancel service to any Advertiser. Violation of any polices, rules or regulations could result in a warning or possible account termination. Accounts may be terminated for any reason and without any prior notice to the Advertiser. Accounts terminated due to policy violations will not be subject to refunds.

Each site that you promote on ASD’s web site must comply with the following rules:

1. Web sites advertised must not have any pop-up windows, pop-in windows, downloads, redirects, Trojans or malicious code.

2. Web sites advertised must not be broken, under-construction, or slow-loading.

3. Web sites advertised must not contain the following themes: pornography, matchmaking, mail-order brides, religion, politics, goth, wicca, Satanism, war games and must not contain violent or inappropriate content. ASD reserves the right to determine unacceptable themes.

4. Do not promote your ASDCashGenerator.com referral page with the ASD rotator. Any sites submitted using ASD web site will be deleted.

5. We do not allow Rotators or URL Trackers of any kind.

6. We will accept sites in any language, but your largest target market is English.

If you break any of the above rules, your account will be deleted without notice and all funds will be forfeited.

Waiver: In keeping with these terms, I, the Advertiser, furthermore release and forever discharge and hold harmless AdSurfDaily, Inc. (ASD), it’s heirs, successors and assigns and employees from any liability, claims and or demands of any kind or nature either in law or in equity, which arise or hereafter arise from my advertising purchases.

Indemnification:

The Advertiser agrees that it will protect, indemnify, save and hold ASD harmless from any and all liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against ASD, its agents, officers, employees and administration that may arise or result from any service provided or performed or agreed to by any product sold by its Advertisers or customers, agents, employees or assigns. Advertiser agrees to defend, indemnify and hold ASD harmless against liabilities arising out of, but not limited to, (1) any injury to person or property caused by any products sold or distributed by advertiser and advertised on ASD web site, (2) any material furnished by Advertiser infringing or allegedly infringing on the rights of a third party, (3) copyright violation and any defective products sold to a customer from the ASD web site.

ASD agrees that we will not share your personal information with any third parties other than authoritative officials with authoritative rights. We will not surrender any of your information unless a court order and/or a Subpoena and/or a Protective Order is presented to us, and then we will abide by the laws of the United States and surrender your information only to the proper authorities who have the legal rights to said information. We view protection of Advertisers’ privacy as a very important principle. We store and process your personal information on computers located in the United States and elsewhere as we deem necessary that are protected by physical as well as technological security devices.

If you are an international Advertiser, you warrant that you are violating no law or regulation in your jurisdiction or any other jurisdiction by advertising with ASD.

WE AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

ASD will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control (acts of God). The obligations of this contract precede any government enactment.

We have the right to refuse service to particular individuals or entities, at our sole discretion, with or without cause.

We will suspend or re-activate a ASD account, if ordered to do so by an Order from a court or arbitration body of acceptable jurisdiction, as determined by ASD.

Solely to enable ASD to use the information with which you supply us, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have stored in your ASD account, in any media now known or not currently known, with respect to the information you have provided to ASD.

ASD and all related logos, products and services described in this website are either trademarks or registered trademarks of ASD., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of ASD. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ASD and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ASD.

You may not transfer any rights or obligations you may have under these Terms of Service without the prior written consent of ASD. ASD reserves the right to transfer these Terms of Service or any right or obligation under these Terms of Service without your consent.

You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. ASD is not responsible to establish your legal right to use our services. Such requirements rest entirely on the Advertiser.

Any controversy or claim arising under or related to these Terms of Service shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association before a single arbitrator appointed by mutual consent of the parties to these Terms of Service. The language of the arbitration shall be English.

These Terms of Service are governed by the laws of Costa Rica, except that Louisiana Advertisers may choose Louisiana law.

In the event that any provisions of these Terms of Service shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of these Terms of Service shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.

You agree that this Agreement and all incorporated agreements may be automatically assigned by ASD, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding between us with respect to the subject matter hereof.

The Services are offered by AdSurfDaily,Inc. located currently at 13 S. Calhoun St., Quincy, FL 32351.

Disputes between you and ASD regarding our Services may be reported to Customer Support using our online ticket system at any time, or by calling (850) 627-2206. Our return phone calls will only be between the hours of 8 AM and 5 PM Eastern Standard Time.

If you do not abide by these terms and conditions, ASD has the option to terminate your account immediately.

ASD reserves the right to change the terms and conditions of this site and Agreement at any time.

AdSurfDaily, Inc.

By:  _________________________________________________

Title:  ____________________________________________

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Terms of Service: Member

Note that although this was posted on ASD’s website and was required to be electronically signed, none of it’s provisions were cited by the government in it’s complaint to illustrate that ASD was a Ponzi Scheme:

Terms of Service – Member

THESE TERMS OF SERVICE SET FORTH THE TERMS AND CONDITIONS UNDER WHICH ADSURFDAILY, INC., (HEREINAFTER REFERRED TO AS “ASD”) WILL PROVIDE ITS SERVICES. THESE TERMS ARE AN AGREEMENT BETWEEN THE MEMBER AND ASD. THE TERMS DESCRIBE THE MEMBER’S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES.

THE TERMS OF SERVICE ALSO DESCRIBES THE RIGHTS AND OBLIGATIONS OF ASD. THE MEMBE MUST READ THESE TERMS OF SERVICE CAREFULLY AND BE SURE THAT HE OR SHE UNDERSTANDS THESE TERMS OF SERVICE. IF THE MEMBER DOES NOT AGREE TO THESE TERMS OF SERVICE, THE MEMBER SHOULD NOT ACCESS OR USE THE SERVICES OF ASD.

1.1. Creation or use of an account with ASD means the Member accepts ALL the terms and conditions of this agreement and is bound by the terms herein.

1.2. The parties to this agreement are ASD and the Member.

1.3. In this agreement, “you” or “your” means any person or entity of whatsoever nature using the Service (“Members”). Unless otherwise stated, “we,” or “our” will refer collectively to ASD.

2. Although we will attempt to keep Members informed of any changes in these Terms of Service, we may amend this Agreement at any time without any prior notification by posting the amended terms on our site. We will notify you via the e-mail address you have on file with ASD of any changes to the terms.  ASD expressly reserves the right to make said changes and same may be posted on the website or otherwise noticed to Members in addition to or in lieu of the hereinabove mentioned e-mails.

3. We value our Members and wish to provide them with a results-oriented programs. To offer you the best service, all Member need to follow the same Terms of Service. These Terms of Service are intended to make ASD the most efficient and profitable advertising program in the industry.

Viewing Incentive Program (V.I.P.)

Advertisers websites will be viewed through the VIP Program, available to Advertisers who choose to become ASD Members. Becoming an ASD Member is a separate activity from becoming an Advertiser, and is controlled by this Member Terms of Service.

ASD has an innovative VIP Program. A Member who is also an Advertiser can recoup a portion of their advertising costs by viewing 24 web sites of other Advertisers on a daily basis for 15 seconds each. A Member must also be an Advertiser with an “incentive qualified” ad package to earn incentive payments.

Sometime between 12:01 am and 9:00 am Central Standard Time (CST), ASD totals the number of ad package sales, banner ad sales, ebook sales and the commissions received from http://www.attractmarketingsystem for the previous day.

ASD multiplies the total of all these sales by 50%. ASD then divides this total by the total number of outstanding ad packages. This determines the amount to be paid per ad package. That amount will be multiplied by the number of ad packages in each Advertiser’s account and the total will be credited to his/her Member cash account on a daily basis. VIP incentive payments will show up in Member’s accounts after midnight EST. If a Member misses a day of viewing the required number of web sites, the Member does not earn any VIP incentives or leadership bonus for that day only.

Members will be paid VIP incentives based upon “incentive qualified” ad packages. An ad package remains “incentive qualified” for 150 days.

To maintain the stability of the program the daily VIP incentive payments will be capped at 8%. Any excess will go into a reserve account to be used when VIP incentive payments are extremely low. Five percent (5%) of ad package sales, banner ad sales and ebook sales on the Cash Generator will be placed in the reserve account to be used for the same purpose.

Your ad package will remain “incentive qualified” for 150 days.

Five percent will be placed in a reserve account to be paid out as a VIP incentive when needed.

Five percent will be used for contests and raffles.

Fifteen percent will be used for referral commissions.

Fourteen percent will be paid to various boards, trainers and designers.

Eleven percent will be used for administrative costs, customer support, hosting, site maintenance, advertising and profit.

Referral Commissions:

A Member may pay a monthly membership fee and eliminate fees for cash outs, increase referral commissions and decrease the number of sites to view on a daily basis. The amount of your monthly membership fee determines the number of times you can *cash out each week, the amount of your referral commissions and the number of sites you must view each day to receive your VIP incentive payments.

If you do not pay a membership fee you will be paid a 3% referral commission on all of your personal sales only. Free members cannot earn commissions on second level ad package sales.

When you pay a $10.00 per month membership fee you earn a 5% referral commission on your personal sales and 3% on your second level sales. When you pay a $25.00 per month membership fee you earn a 7% referral commission on your personal sales and 4% on your second level sales. When you pay a $75.00 per month membership fee you earn a 10% referral commission on your personal sales and 5% on your second level sales. This can mean a tremendous amount of income to you and you decide which is better for you. All incentive payments and referral commissions can be changed at any time with a 10-day notice to Members.  Any such notice will be sent by email to the email address you used to join as an Member.

*Cash out privileges are explained in the Cash out Section.

Ad Packages and Credits

All payments made to ASD are considered advertising purchases or membership fees, not investments or deposits of any kind. All sales are final. ASD does not guarantee any earnings, nor the continuation of the Referral Program or the VIP Program, in theie present or modified form.

Each ad package is $1.00 and is made up of 1 credit. Advertisers get 1 showing of their web site for each credit. The minimum ad purchase is $10.00. The minimum Member cash out is $10.00.

Advertisers who choose to become Members and participate in the VIP Program will receive 1 credit (1 showing of your web site) for each site you view. You must view 24 web sites each day for 15 seconds each to receive your daily incentive payment. Viewing 24 sites daily will provide you with enough credits to keep your web site showing every day.

Members can view a maximum of 72 web sites per day. This will enable the Member to keep 3 web sites showing on a daily basis. You can show one web site, view web sites and earn credits even as a free member.

Maximum Advertiser Ad Purchases

Advertisers may own a maximum of 9000 ad packages at $1.00 each at any one time for a total of $9,000.00.

Number of Web Sites that can be Advertised

Free Members can advertise 1 web site for 10 days. If you have purchased ad packages but you choose to not become a paying Member, you can advertise 3 web sites for as long as you have active ad packages. If you pay a membership fee of $10.00 per month you can advertise 3 web sites for as long as you have active ad packages. If you pay a membership fee of $25.00 per month you can advertise 4 web sites for as long as you have active ad packages. If you pay a membership fee of $75.00 per month you can advertise 5 web sites for as long as you have active ad packages.

Advertising and Promotion

To maintain the integrity of advertisers advertising the ASD Advertising Program, certain requirements and guidelines governing the advertising and promotion by ASD’s advertisers must be imposed. Misuse of the ASD name or logo and its affiliated products diminishes the goodwill of the Company, affects all ASD advertisers and is strictly prohibited.

1. Use of Authorized Promotional Materials: Only the materials that are made available directly by ASD may be used for advertising or promoting ASD. ASD will produce and offer for sale, at a reasonable price, materials that can be used to promote your business. No reproduction, personalization or modification of any of these ASD materials is allowed unless approved in writing by ASD. Members may not develop, publish, sell or distribute any ASD-related promotional materials they create. Any violation of this policy may result in termination of your membership.

2. Blind Ads: No radio or television advertising of any type is permitted without written permission of ASD. All print ads cannot include the name of ASD, it must be a blind ad.

3. Product Claims: ASD Members shall not represent any claim for any product or service that is not explained in ASD’s advertising material. ASD is only responsible for material printed or contained in ASD’s provided materials.

4. Business Cards/Stationery: ASD offers business cards and stationery through an approved independent vendor. Members may use the services of a printer of their choice, providing that ASD’s guidelines are followed. The ASD logo may be duplicated on the business card or stationery, but the words “Independent Contractor” must appear immediately after the logo. All that may be printed on the card is phone number(s), two lines of address, Member’s name, e-mail address and web address with your referral link or redirect address.

5. Business Names: ASD’s Members may not use the word AdSurfDaily within another business name.

6. Copyrights: ASD reserves ownership rights to the contents and design of all ASD’s published materials and web sites.

7. Telephone Calls: Members shall not answer the telephone “AdSurfDaily” or give an answer that creates an impression that he/she has reached the corporate office of ASD.

8. Prerecorded Telephone Solicitation Devices: ASD’s name or copyrighted material may not be used in automatic calling devices or “boiler room” operations to solicit ASD’s products or services.

9. Media Inquiries: ASD’s Members may not solicit coverage or publicity from the media regarding the ASD business, nor may they appear on radio or television talk shows to promote their ASD activities. If an ASD Member is contacted by the Media (radio, television, the press, or other), the contact should be referred to the ASD corporate office in order to maintain information accuracy and a consistent Company image.

Member Responsibilities:

All members are responsible for the following:

• Read our Frequently Asked Questions (FAQs)

• You must sign up with your own, unique email address.

• You must sign up with your own Virtual Money Debit Card, Alert-Pay or Ceptrust account.

• You must sign up with your own, unique IP address.

• You may not be sponsored by or receive 1st or 2nd-level referral commissions from anyone in your same household.

• In order to be an advertiser of ASD, you must have your own product, program or opportunity to advertise or have access to a website for which you are an authorized reseller with the right to advertise.

• If you have problems viewing ads, you must submit a support ticket the SAME day you have the viewing problem.

• If your “Home Page” or “History” page is not reflecting the proper credit, dates, incentive payments or commissions, you must submit a support ticket the SAME day the problem occurred.

• You must know the time zone and the cut off time for viewing web sites. You have twenty-four (24) hours to view twenty-four (24) web sites. A day at ASD begins at 12:01 a.m. CST and ends at 12:00 a.m. CST.

• You MUST be courteous to our administration staff at all times, regardless of any problems you are experiencing.

• When making an advertising purchase with any payment processor be sure to follow the process all the way through so that the purchase is reflected on your ASD account.

• You must be willing and able to receive emails from ASD as a requirement of your membership.

• Be aware that if you use @hotmail, @yahoo, @BellSouth or @MSN addresses, you may not always receive our emails because of their SPAM systems. If this occurs, please use a different email address or check your bulk mails. We never have problems with @gmail.

User-Supplied Content:

ASD’s services and materials may be used for lawful purposes only.

Spam: If you are found to have spammed, without warning, ASD reserves the right to disable or terminate your account immediately. All funds will be forfeited. ASD may impose a penalty for each spam policy violation. ASD also reserves the right to determine what violates this policy, in which case, any violation that occurs will result in account termination without refund of any monies.

Refusal of Service: ASD, at its sole discretion, reserves the right to refuse or cancel service to any Member or Advertiser. Violation of any polices, rules or regulations could result in a warning or possible account termination. Accounts may be terminated for any reason and without any prior notice to the Member or Advertiser. Accounts terminated due to policy violations will not be subject to refunds.

Each site Members who also choose to be Advertisers promote on ASD’s web site must comply with the following rules:

1. Web sites advertised must not have any pop-up windows, pop-in windows, downloads, redirects, Trojans or malicious code.

2. Web sites advertised must not be broken, under-construction, or slow-loading.

3. Web sites advertised must not contain the following themes: pornography, matchmaking, mail-order brides, religion, politics, goth, wicca, Satanism, war games and must not contain violent or inappropriate content. ASD reserves the right to determine unacceptable themes.

4. Do not promote your ASDCashGenerator referral page with the ASD rotator. Any sites submitted using ASD web site will be deleted.

5. We do not allow Rotators or URL Trackers of any kind.

6. We will accept sites in any language, but your largest target market is English.

If you break any of the above rules, your account will be deleted without notice and all funds will be forfeited.

Waiver: In keeping with these terms, I, the Member/advertiser, furthermore release and forever discharge and hold harmless AdSurfDaily, Inc. (ASD), it’s heirs, successors and assigns and employees from any liability, claims and or demands of any kind or nature either in law or in equity, which arise or hereafter arise from my advertising purchases.

Indemnification:

The Member agrees that it will protect, indemnify, save and hold ASD harmless from any and all liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against ASD, its agents, officers, employees and administration that may arise or result from any service provided or performed or agreed to by any product sold by its advertisers or customers, agents, employees or assigns. Member agrees to defend, indemnify and hold ASD harmless against liabilities arising out of, but not limited to, (1) any injury to person or property caused by any products sold or distributed by Member/advertiser and advertised on ASD web site, (2) any material furnished by advertiser infringing or allegedly infringing on the rights of a third party, (3) copyright violation and any defective products sold to a customer from the ASD web site.

Cash Outs and Upgrades:

Cash outs are typically completed within forty-eight (48) hours after a cash out request. There will not be any cash outs paid on Saturday, Sunday or Holidays. The minimum cash out is $10.00 and the minimum upgrade is $10.00.

If you do not pay a membership fee you can cash out only on Mondays but you must pay a cash out fee. There is a cash out fee if you do not pay a monthly membership fee. The fee depends upon your payment processor or the method of your cash out.

If you pay a monthly membership fee, ASD will not charge you a fee up and above the fee charged by your payment processor. If you pay a $10.00 per month membership fee, you can cash out your incentive payments every Monday without paying a fee to ASD over and above the fee charged by your payment processor. If you pay a $25.00 per month membership fee, you can cash out your incentive payments every Monday, Wednesday and Friday without a fee from ASD. You will only pay the fee charged by your payment processor. The same applies if you pay a $75.00 per month membership fee, you can cash out your incentive payments and upgrade daily without a fee from ASD, you will only pay the fee from your payment processor. If you pay a membership fee you will not be charged a cash out if you request to be paid by ASD’s check or bank transfer.

You need to manually request any cash outs from your account. You will get paid only to the payment processor from which you purchased Ad Packages or via ASD’s Visa Debit Card Account Programs.

If you have bought Ad Packages with more than one payment method, you will be asked to select the account to which your cash outs can be paid. You may request to be paid by a check from ASD or by a bank transfer. When ASD request a bank transfer online, it usually takes 2 or 3 days to go through the banking system. It is not an instant transaction.

We reserve the right to assess fees as per our Fee Schedule. All fees are displayed and calculated in US Dollars.

You understand that you will need a valid e-mail address for communication purposes, and you agree to maintain the e-mail address provided on the release form attached to this agreement so long as you use the services of ASD. If you have a change in your e-mail address, you agree to notify ASD of these changes before further using the Service offered by ASD.

If you open an ASD account, you hereby consent to receive periodic newsletters and other types of e-mail communications from ASD, including customer service issues, new product offers and other matters. We reserve the right to e-mail you at any time regarding issues related to your account and your use of your ASD account.

You agree to and understand the full Terms of Service of ASD, and you agree to and understand that ASD has the right to terminate your account for any violations of the terms to which you have agreed, and all your funds would be forfeited.

You agree that all transactions involving your ASD account are final and not reversible, and you understand that there is no refund available after completing a transaction.

You agree that you are liable for any transactions made from your account, and you agree to indemnify, defend and hold harmless ASD for any transaction of whatsoever nature processed from your account.

You agree that you will not file a chargeback with your credit card company or bank account against ASD, and if you do file a chargeback, your account will be terminated and all funds in your ASD account will be forfeited and you will be banned from using the services of ASD in the future.

You acknowledge and accept that in the case of a claim of unauthorized transactions, the presumption shall be that all transactions are authorized by you and are your liability.

ASD agrees to not share your personal information with any third parties other than authoritative officials with authoritative rights. We will not surrender any of your information unless a court order and/or a Subpoena and/or a Protective Order is presented to us, and then we will abide by the laws of the United States and surrender your information only to the proper authorities who have the legal rights to said information. We view protection of Members and Advertisers’ privacy as a very important principle. We store and process your personal information on computers located in the United States and elsewhere as we deem necessary that are protected by physical as well as technological security devices.

Nothing contained on http://www.ASDcashgenerator.com should be understood as granting you a license to, but not limited to, use any of the trademarks, service marks, or logos owned by ASD or by any third party.

You must not divulge your password to anyone else, nor may you use anyone else’s password. You agree that ASD will treat any person accessing your account using your password as you, and you understand and agree that any action taken by any person using your password shall be binding on you and all other parties involved in said action.

ASD is not responsible for any losses incurred by you as the result of the misuse of your password.

In order to use the service, you must register for a ASD account at w.ASD cashgenerator You may hold one ASD account, and this may be used for business or personal transactions. Our services are only available to individuals or businesses that can form legally binding contracts under applicable law.

If you are an international Advertiser, you warrant that you are violating no law or regulation in your jurisdiction or any other jurisdiction by advertising with ASD.

We are not an escrow service, and we make no guarantee of a product or service or the quality of a product or service you may receive from another Advertiser after purchasing it through http://www.ASDcashgenerator.com account as we are not the person selling the product or service. If you have a complaint about the product or quality of the product, you agree to contact the Advertiser from whom you purchased the product or service and indemnify, defend and hold harmless ASD. We do not and cannot ensure the quality, safety, or legality of any merchandise received, nor that the seller will even ship the merchandise.

We agree to initiate ACH (Automated Clearing House) transfers to and from your bank account only after you request the transaction through your ASD account, and we agree that the transaction will only be for the amount you request, less any applicable fees as found in our Fee Schedule on  (the ASD Site) or additional standard transactional banking or other appropriate standard transactional fees.

WE AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. ASD shall make reasonable efforts to ensure that requests for all payments and cash outs are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

ASD will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control (acts of God). The obligations of this contract precede any government enactment.

We have the right to refuse service to particular individuals or entities, at our sole discretion, with or without cause.

We will suspend or re-activate a ASD account, if ordered to do so by an Order from a court or arbitration body of acceptable jurisdiction, as determined by ASD.

Solely to enable ASD to use the information with which you supply us, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have stored in your ASD account, in any media now known or not currently known, with respect to the information you have provided to ASD.

ASD and all related logos, products and services described in this website are either trademarks or registered trademarks of ASD., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of ASD. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ASD and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ASD.

Notwithstanding the above, HTML logos or website payments features may be used without prior written consent for the purpose of directing web traffic to ASDcashgenerator.com. These logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to ASD. Logos may not be displayed in any manner that implies sponsorship or endorsement by ASD. ASD is an advertising company, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

You agree that you will not use any device, software or routine to interfere with the proper working of the site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to ASD by our Advertisers or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for your personal information) from our web site without the prior expressed written permission of ASD or the appropriate third party. If you use, or attempt to use our web site for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of our site, your account will be terminated, your available funds will be forfeited, and you will be subject to damages and other penalties.

You may close your account at any time by submitting a ticket using our support system on http://www.ASDcashgenerator.com with the appropriate topic title: Close Account. Upon the termination of an account, any and all pending transactions will be cancelled and all unclaimed incentive payments and referral payments are forfeited. You will remain liable for all obligations related to your account even after such account is closed.

Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account’s functions (including but not limited to the ability to send money or making withdrawals from an account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if:

You breach this Agreement or the documents it incorporates by reference.

We are unable to verify or authenticate any information you provide to us.

We believe that your account or activities pose a significant credit or fraud risk to us or the public.

We believe that your actions may cause financial loss or legal liability for you, our Advertisers or us.

To secure your performance of this Agreement, you grant to ASD a lien on and security interest in your account.

You may not transfer any rights or obligations you may have under these Terms of Service without the prior written consent of ASD. ASD reserves the right to transfer these Terms of Service or any right or obligation under these Terms of Service without your consent.

You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. ASD is not responsible to establish your legal right to use our services. Such requirements rest entirely on the Advertiser. Earnings over $600 per year will be reported to the IRS for US residents.

Any controversy or claim arising under or related to these Terms of Service shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association before a single arbitrator appointed by mutual consent of the parties to these Terms of Service. The language of the arbitration shall be English.

These Terms of Service are governed by the laws of Costa Rica, except that Louisiana Advertisers may choose Louisiana law.

In the event that any provisions of these Terms of Service shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of these Terms of Service shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.

You agree that this Agreement and all incorporated agreements may be automatically assigned by ASD, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding between us with respect to the subject matter hereof.

The Services are offered by AdSurfDaily,Inc. located currently at 13 S. Calhoun St., Quincy, FL 32351.

Disputes between you and ASD regarding our Services may be reported to Customer Support using our online ticket system at any time, or by calling (850) 627-2206. Our return phone calls will only be between the hours of 8 AM and 5 PM Eastern Standard Time.

If you do not abide by these terms and conditions, ASD has the option to terminate your account immediately.

ASD reserves the right to change the terms and conditions of this site and Agreement at any time.

AdSurfDaily, Inc.

By:  _________________________________________________

Title:  ____________________________________________

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Excerpts from 18 USC 983 – General rules for civil forfeiture proceedings

To those who had submitted checks that could be identified as theirs and were seized by the government on August 8th but were deposited by the government thereafter, see the notice requirements highlighted below:

18 USC 983 – General rules for civil forfeiture proceedings

(a) Notice; Claim; Complaint.—

(1)

(A)

(i) Except as provided in clauses (ii) through (v), in any non-judicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the Government is required to send written notice to interested parties, such notice shall be sent in a manner to achieve proper notice as soon as practicable, and in no case more than 60 days after the date of the seizure.

(ii) No notice is required if, before the 60-day period expires, the Government files a civil judicial forfeiture action against the property and provides notice of that action as required by law.

(iii) If, before the 60-day period expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government shall either

(I) send notice within the 60 days and continue the non-judicial civil forfeiture proceeding under this section; or

(II) terminate the non-judicial civil forfeiture proceeding, and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute.

(iv) In a case in which the property is seized by a State or local law enforcement agency and turned over to a Federal law enforcement agency for the purpose of forfeiture under Federal law, notice shall be sent not more than 90 days after the date of seizure by the State or local law enforcement agency.

(v) If the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered, notice shall be sent to such interested party not later than 60 days after the determination by the Government of the identity of the party or the partys interest.

(B) A supervisory official in the headquarters office of the seizing agency may extend the period for sending notice under subparagraph (A) for a period not to exceed 30 days (which period may not be further extended except by a court), if the official determines that the conditions in subparagraph (D) are present.

(C) Upon motion by the Government, a court may extend the period for sending notice under subparagraph (A) for a period not to exceed 60 days, which period may be further extended by the court for 60-day periods, as necessary, if the court determines, based on a written certification of a supervisory official in the headquarters office of the seizing agency, that the conditions in subparagraph (D) are present.

(D) The period for sending notice under this paragraph may be extended only if there is reason to believe that notice may have an adverse result, including

(i) endangering the life or physical safety of an individual;

(ii) flight from prosecution;

(iii) destruction of or tampering with evidence;

(iv) intimidation of potential witnesses; or

(v) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

(E) Each of the Federal seizing agencies conducting nonjudicial forfeitures under this section shall report periodically to the Committees on the Judiciary of the House of Representatives and the Senate the number of occasions when an extension of time is granted under subparagraph (B).

(F) If the Government does not send notice of a seizure of property in accordance with subparagraph (A) to the person from whom the property was seized, and no extension of time is granted, the Government shall return the property to that person without prejudice to the right of the Government to commence a forfeiture proceeding at a later time. The Government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.

For the full text of the Rules go to: 

Source URL: http://openjurist.org/title-18/us-code/section-983

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The Memorandum to Todd from Dwight regarding the 4th Amendment Issues


The fourth amendment to the U. S. Constitution is simple and straightforward. It provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

While most of the cases defining the rights, duties and obligations of the governmental authority to search and seize the property of others have surrounded alleged criminal conduct, the amendment applies to any search and seizure carried out by local, state or federal authorities.

The notice sent to ASD participants telling them the procedure needed to obtain the return of ‘their’ money removes the issue of standing (the right to complain) from being an issue that any individual would have to overcome as the government might otherwise claim that the money was the property of ASD and not of the individual participants and that therefore they lacked the right to complain that the seizure of the money in ASD’s accounts was a search and seizure of only money that belonged to ASD. (however since they also seized checks that had not been deposited in any ASD accounts it is my view that this action by the government would bring into question the validity of that claim in any event)

This means that any participant that had money placed with ASD has standing to raise the question of the legality of the governments actions in taking possession of some 92 million dollars from ASD’s Hq’s and accounts. A key issue is the participants reasonable expectation of privacy in their dealings with ASD, an issue that is put to rest by the necessity of having codes and passwords to get into the participants individual accounts.

As these threshold issues are not a bar to any member claiming that the taking of their money was the result of an illegal search and seizure, the issue then can be raised by any participant as to whether the funds seized were the result of a legally sanctioned process. There have been innumerable cases defining the limits on the governments right to search and seize and they apply equally to any search and seizure including that perpetrated against the funds at or under the control of ASD and it is irrelevant whether the conduct of ASD was legal or illegal.

We are all familiar with cases where a criminal is released from custody because the evidence against him or her was illegally seized and therefore could not be used against them despite the fact that the tainted evidence clearly proved guilt. To be legally valid the process in obtaining a warrant to search and seize has to meet several threshold criteria that have been clearly defined by case law.

It must (in the absence of exigent circumstances which do not apply here) be in the form of an application to a judge or magistrate, it must be made under oath or affirmation and be sufficient on its face to give the reviewing authority the ability to find “probable cause” that the search and seizure will produce evidence of or the fruits of criminal conduct by an independent analyses. The latter requirement is what is crucial and has been the subject of numerous Supreme Court cases defining and refining the baseline criteria needed to enable the reviewing authority to independently find that he or she has been presented with a sufficiently compelling fact based narrative to enable him or her to first make a finding that the information supplied meets the standards outlined by the Supreme Court as minimally necessary upon which to independently find that probable cause exists that the allegations will likely produce evidence of criminal activity.

What the cases have decreed is that the application be under oath or affirmation and that it contain facts which are either within the personal knowledge of the affiant or, if the facts relayed to the affiant were relayed by an informant, that the informant has been shown to have offered previously reliable facts upon which, having proven reliable in the past can be presumed to be reliable again now. The key words are facts and previous reliability*. The mere fact that the source is a member of law enforcement does not ipso facto confer credibility or reliability on the statements they make to the affiant and upon which he says he has relied. The reasons why that reliance is valid on something upon which he otherwise has no direct personal knowledge is a necessary component when the information came from a 3rd party not under oath but is being used to support the issuance of the warrant.

The document entitled COMPLAINT FOR FORFEITURE IN REM , dated August 2nd 2008 is, in effect, an affidavit to authorize the search and seizure of the assets of the participants in ASD and should be analyzed in that context as it was made under oath by a special agent of the Secret Service, Roy Dotson. That “VERIFICATION” is the basis upon which the Court must make it’s own determination of whether probable cause exists to search and seize the assets ultimately carried out by the courts giving it’s stamp of approval allowing the Secret Service to proceed.

The 43 pages of verbiage that preceded the verification purport to lay out the requisite “facts” upon which Agent Dotson based his oath. An examination of those “facts” alleged in the complaint however simply do not meet the constitutionally required standards in the following material respects.

Beginning on pg 7, No. 9. entitled FACTS, the government lays out it’s basis for it’s right to search and seize the assets of ASD and it’s participants.

In paragraph after paragraph they allege that ‘reliable information’ was received however they do not specify why they believed in the reliability of the information when previous reliability is a condition precedent to present reliability. In paragraph after paragraph the government makes assertions concerning the operation of ASD and states it’s conclusions based upon those assertions. They make such statements such as ‘there is reasonable cause to believe’ but do not give the basis for the otherwise unsupported assertions of what constituted the basis for that “reasonable cause”; and no expert is quoted let alone relied upon.

They attempt to flaw the ASD program by casting aspersions on Andy Bowdoin which do not have any probative value when used to determine the legal validity of the ASD program. The government goes to great lengths to describe it’s conclusions on the validity of the ASD business model but it is all non expert based opinion or hearsay or both. In other words no basis is given why they believe it let alone why the reviewing court should do so.

What is pivotal is that the “warrant”, like all warrants to search and seize, must be upon oath or affirmation. The oath of Agent Dotson does not even attempt to encompass all of the allegations contained in the complaint except in general terms and it is fatally flawed by the lack of factual credibility of what the complaint alleged, and assumes that the mere fact that the information upon which he purports to rely, came from law enforcement agents, or upon information he at once says is “known to me” but what is allegedly known to him is not stated that it is known from his personal knowledge or is based on the hearsay of others. Then, to be sure he has not perjured himself, he goes on to disclaims actual knowledge of anything by inserting the disclaimer that [if] it is true and correct it is only so “to the best of my knowledge and belief”.

As the saying goes you cannot be a little bit pregnant. Either he has based his knowledge on information received from previously reliable sources or from his own personal knowledge. Here he has artfully given the court neither. The use of phrases like ‘and/or’ do not rise to the level necessary to support a search and seizure warrant because there are no “facts” that have been established in the way the law has consistently required, and he has not unequivocally averred that he has personal knowledge of any of the alleged “facts” at all.

No Judge or Magistrate could independently and unequivocally rely on facts that the person seeking the warrant does not similarly rely upon? As such the basis for the court to authorize a search and seizure was violative of the rights of ASD participants guaranteed them by the 4th Amendment of the US Constitution as the document supporting it is legally insufficient as a matter of law.

__________________

* While the Supreme Court in Gates v. Illinois appears to have relaxed the rigidity of the recitation of the way the facts are presented  in Search and Seizure cases the ruling in that case actually helps us in that while it calls for a balancing test to relieve the police from the strict adherence to the former more rigid rule due to their lack of expertise in the legalities required, here we have a complaint drafted by a United States Attorney.  If anyone should be held to the highest standards of compliance it is him.  As such the deficiencies in the verified complaint weigh more heavily against the government as “they should have known better”.

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