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Subpoenas for Ad Surf Daily | ASD Cashgenerator owner, Andy Bowdoin and CEO, Juan Fernandez were withdrawn today (9-25-08) following a motion to quash yesterday by Ad Surf Daily’s lawyers. The subpeonas, which they received int he mail on September, 23, would have required Andy Bowdoin and Juan Fernandez to testify at the evidentiary hearing on September 30 and October 1.

Ad Surf Daily | ASD Cashgenerator lawyers filed for a motion, on behalf of Andy Bowdoin, to quash the subpoenas citing three reasons:

1.) The subpoenas were improperly mailed to the party’s counsel and not served on the party named on the subpoena
2.) Andy Bowdoin and Juan Fernandez were beyond the subpoena power of the court in violation of Rule 45(b)(2), and (iii)
3.) Would waste the Movants’(Andy Bowdoin and Juan Fernandez) time and squander the Government’s money (for travel expenses) because Movants have been pressured into asserting their Fifth Amendment rights by the Government’s clear and strident threat of criminal indictment and prosecution.

As cited in Document 25:
“The Government has unequivocally advised Movant Bowdoin that he will be indicted
and has threatened Movant Fernandez with criminal prosecution as a target. Setting aside the
issue of whether these comments are inappropriate, the consequences are not difficult to imagine:
Movants will need to assert their Constitutional rights if forced to appear at the D.C. hearing.”

As also cited by lawyers in this same document in regards to Ad Surf Daily | ASD Cashgenerator,
“Movants’ intent to assert the Fifth Amendment should not be construed as a litmus test of
guilt. Movants have not committed any criminal activity and the AdSurfDaily business plan is
not an illegal Ponzi scheme, as we intend to show at the evidentiary hearing scheduled for
September 30 and October 1. In fact, the privilege “serves to protect the innocent who otherwise
might be ensnared by ambiguous circumstances.”

The reply to motion to quash came today, only citing their 5th amendment rights as a reason to withdraw the subpoenas:

“Yesterday, in a motion to quash filed on behalf of “THOMAS A. BOWDOIN, JR. (’Andy
Bowdoin’) and JUAN FERNANDEZ, by counsel” the Akerman Senterfitt law firm indicated that
it represents these individuals in their individual capacities, too, and that as their attorneys it was
for the first time informing this Court, and the government, that both individuals “would be
asserting their Constitutional right not to testify if compelled to appear at the hearing.” Based on
this new information, which now is a matter of record, the government hereby informs counsel
for these individuals, and this Court, that the subpoenas are withdrawn.

CONCLUSION
For the foregoing reasons, the United States respectfully submits that movants’ Motion to
Quash should be DENIED as moot.”

It is in our opinion that these are the first steps to justice being served for Ad Surf Daily | ASD Cashgenerator and Andy Bowdoin.