Will Richmond Filing Trigger New Federal Probe Or Lead To Interminable Delays In The AdSurfDaily Inc. Forfeiture Case?

UPDATED 1:29 P.M. EST (U.S.A.) A California man associated with a sham Utah “Indian” tribe purportedly founded inside an Arby’s Restaurant lambasted District of Columbia federal judges, federal prosecutors and a court clerk in legal filings this week, accusing them of crimes and threatening them with litigation and jail time.

Curtis Richmond said Pacific Ministry of Giving International — an entity of which he is chairman — had $41,000 at stake in AdSurfDaily Inc. and lost access to the money because of a forfeiture action prosecutors filed in August against assets linked to ASD.

Electronic records at the California Department of State website list Pacific Ministry of Giving’s registration with the state as “forfeited” in 2004. The organization, though, is registered as a corporation sole and “religious organization” in Utah, according to electronic records in Utah.

Judge Rosemary Collyer, who’d earlier denied Richmond leave to file in the case, permitted Richmond’s latest motion to be docketed. In the motion, Richmond accuses Collyer of dozens of felonies, saying she could spend up to 252 years in federal prison for her actions in the case.

Richmond’s filing is a bid to set aside the forfeiture of tens of millions of dollars seized by the government. In the motion, he threatens additional litigation and criminal prosecution. At the same time, the motion appears to be designed to force Collyer to withdraw from the case.

“Professor” Patrick Moriarty, a former board member of ASD Members International (ASDMI) and a person who championed Richmond’s legal approach, applauded the filings on his website today. Meanwhile, Steve Watt, another former ASDMI board member, said the filings equated to “credibility” for the ASD cause.

TheAdViewGlobal Members’ forum, operated by some of the Mods at the Pro-ASD “Surf’s Up!” forum, named Richmond “Hero Of The Day!” For its part, Surf’s Up heralded the action with a three-exclamation-point headline celebrating Richmond’s legal heroics.

But some members of other forums discussing the ASD case are scratching their heads in disbelief. They’re wondering how the filings by Richmond, who has a felony conviction for contempt of court for threatening federal judges in a separate case and is associated with a bogus Utah “Indian tribe” infamous for trying to extort favorable court results by intimidating judges and prosecutors, adds up to anything credible at all.

What’s Ahead?

How Richmond’s filings will affect the case is unclear. One possible outcome is that justice will be delayed — meaning that ASD members who’d hoped to get a refund through the government will have to wait even longer if Richmond and the government square off in protracted litigation.

“Protracted” is a word that frequently accompanies litigation involving Richmond or filed by him. ASD members expecting a refund may be none too pleased if Richmond’s entry into the ASD fray results in interminable delays.

Another possible outcome is that the litigation will trigger probes by the U.S. Marshal’s Service, which is in charge of securing federal courtrooms and federal judges, and the FBI. The FBI and the U.S. Marshals entered a probe of Richmond in California for threatening or trying to intimidate federal judges through vexatious court filings — under circumstances that are very similar to what is happening now in the ASD case.

Richmond was convicted of criminal contempt of court in 2007, and was sentenced to six months’ home confinement with electronic monitoring, a fine of $1,000 and five years’ supervised probation. He also was ordered not to file vexatious legal pleadings in California. Richmond appealed the sentence.

“Our office is committed to protecting the safety, security and integrity of the United States District Court for the Southern District of California,” said U.S. Attorney Carol C. Lam, upon Richmond’s February 2007 conviction. “While every citizen has the right of free speech and the right to address grievances in our courts, no one has the right to intimidate and harass judges and court staff.”

Federal prosecutors in California said U.S. District Judges “had previously rejected arguments advanced by Richmond in civil litigation, and Richmond had responded by accusing those judges of treason, threatening to bring multi-million dollar lawsuits against them, and attempting to have the U.S. Marshal’s Service execute fraudulent arrest warrants against those judges.”

Richmond had been “advised on several occasions that such conduct was viewed as threatening, and explicitly warned that if he continued to file pleadings accusing judges of criminal conduct he would be subject to prosecution for criminal contempt,” prosecutors said.

In May 2006, prosecutors said, Richmond filed a pleading that accused a federal judge of engaging in fraud and criminal conspiracy and “willfully violated” an injunction banning him from filing vexatious legal papers.

In his ASD filings, Richmond accused Collyer of conspiring with prosecutors to deny ASD members justice.

Prosecutors and Collyer had “No Authority or Jurisdiction To Steal Most of the $93 million” seized in the case, Richmond said. He claimed prosecutors, Collyer and the court clerk were “guility” of interference with commerce, and he threatened to prosecute them for crimes, sue them under racketeering statutes and hold them “personally liable” for damages.

In his motion, Richmond claimed Collyer and a court clerk are guilty of at least 60 felonies for not permitting 21 documents he submitted in November to be filed. These actions could lead to to prison sentences of up to 12 years for each of the documents that weren’t filed, he said.

“Judge Collyer had the Clerk of the Court Return All Of The Motion To Dismiss Affidavits[,] including the 19 Demand For legal Evidence Notarized Affidavits In Support to Curtis Richmond,” he said.

“This is like having 21 Witnesses to a Murder,” Richmond said. “Judge Collyer is Guilty As Charged . . .”

Meanwhile, Richmond accused Collyer and Chief U.S. District Judge Royce Lamberth of presiding over a “Kangaroo Court” and conspiring to thwart justice.

Utah ‘Indian’ Cases

Richmond claims to be an adopted member of Wampanoag Nation, Tribe of Grayhead, Wolf Band, a purported “Indian” tribe a federal judge ruled a sham last year. The judge had to be brought in from an outside district because the sham tribe brought or threatened legal action against the available judges in the jurisdiction.

Some of the legal filings read like impossible fiction, but they resulted in monumental inconvenience for judges, prosecutors, opposition attorneys, investigators, police officers and others involved in tribal litigation.

The tribe, for instance, established its own sham “Supreme Court” and issued arrest warrants for judges and litigation opponents.

Despite the fact he is not an attorney, Richmond has been banned from practicing law in Colorado.

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