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Unsigned Pleading Attributed To Zeek Rewards’ Clawback Defendant Raises Questions About Whether Canadian ‘Sovereign Citizen’ Is Taunting Court, Receivership

4TH UPDATE 2:47 P.M. EDT JUNE 27 U.S.A. An unsigned pro se pleading docketed June 23 and attributed to Zeek Rewards’ clawback defendant Catherine Parker is leading to questions about whether Parker is a Canadian “sovereign citizen” taunting a U.S. federal court in North Carolina and the receivership judicially empowered to gather hundreds of millions of dollars for Zeek victims.

Such taunts from “sovereigns” occurred during the AdSurfDaily Ponzi prosecution brought by the U.S. Secret Service beginning in 2008. The Secret Service also is involved in the Zeek case.

Zeek once listed a “Catherine Parker” as an employee, and the name of “Catherine Parker” of Hamilton, Ontario, appears in an ASD-related petition started by certain members unhappy after the Secret Service seized more than $65.8 million from 10 bank accounts linked to now-jailed ASD President Andy Bowdoin in August 2008.

The 2008 petition called for the U.S. Senate to investigate federal prosecutors and the Secret Service, claiming that “we as Americans have a right to advertise with any company without interferences [sic] by [sic] Attorney General and /or any of its agents.”

Prosecutors said ASD was a securities company offering unusually consistent, above-market returns while posing as an “advertising” firm. Zeek, which also had a purported “advertising” element while allegedly offering securities, offered unusually consistent returns even higher than ASD.

Despite the petition, ASD’s Bowdoin pleaded guilty to a Ponzi-related criminal charge of wire fraud in 2012 for his 1-percent-a-day “program.” He is in federal prison. Zeek and ASD are known to have had members in common. The SEC says Zeek duped members into believing they were receiving a legitimate return that averaged about 1.5 percent a day.

Like ASD’s Bowdoin, alleged Zeek operator Paul R. Burks was accused by federal prosecutors of making up daily profit numbers to make the purported returns seem realistic.

Parker resides in Hamilton, Ontario, according to the June 23 pleading attributed to her. That’s the same city and province that appeared under the name of Catherine Parker in the 2008 ASD petition, leading to questions about whether a Zeek beneficiary with “sovereign” ties also had profited from ASD’s outrageous scheme that also was advanced by “sovereigns.”

The June 23 pleading attributed to Parker was sent back to Parker’s Hamilton address for a signature, according to the clawback case docket. The case is styled “Bell v. Parker et al.” Kenneth D. Bell is the court-appointed Zeek receiver. In the early months after the SEC’s August 20012 Ponzi- and pyramid action against Zeek, Bell, a former federal prosecutor, was accused by an asserted Zeek member to have committed a felony.

Certain ASD members made the same sort of potentially injurious claims against a federal judge and a federal court clerk.

Senior U.S. District Judge Graham C. Mullen is presiding over the Zeek clawback actions. A longtime jurist and former Naval officer, Mullen is no stranger to poisonous filings that may be designed to embarrass or even ruin public officials by making scandalous claims against them.

In 2002, in a case unrelated to Zeek, Mullen became the alleged target of a smear campaign that used both the court docket and the Internet. Mullen then was the chief judge in North Carolina’s Western District.

In the 2002 case, the disciplinary committee of the North Carolina State Bar found that an attorney had used a website and created a “fictitious criminal record” for Mullen and had asserted that the judge had a felony record for horribly disgraceful crimes.

The attorney, who allegedly complained about “the record keeping practices of several federal, state and local entities,” including the IRS, the FBI, the CIA, the Administrative Office of the United States’ Courts, the Charlotte Mecklenburg Police Department, the Mecklenburg County Sheriff and the North Carolina State Bar, also allegedly tried to weaponize his own pleading accusing Mullen of felonies, according to the Bar filing.

“Now that these documents are a part of the record in this case, any person can come look at the court file, and copy only the pages that they want, and publish them in any newspaper or on any web site, with or without any explanatory comment, for any purpose they want to accomplish,” the attorney allegedly wrote. “No one is under any obligation to say that these are spoof pages and that the Chief District Judge did not do these things and was not ever arrested for these things. Isn’t freedom wonderful! And as long, as they only publish the pages, and don’t comment on whether they are true or not, they can’t be sued for libel, due to the absolute privilege that attaches to court filings.”

The June 23 pleading attributed to Parker appears to contend that Parker, who faces a Zeek-related default judgment of nearly $214,000, entered a defense to the clawback claims in October 2014 and that Parker has a postal receipt to prove it — but that a 46-page document she submitted in her defense was never entered into the record of the case. The pleading, however, does not detail the asserted October 2014 defense. Nor does it appear to include a copy in the form of an exhibit that presents the claimed defense.

Instead, the pleading purports to make a U.S. court clerk for the Western District of North Carolina the “respondent.” It also contends that the clerk and two attorneys working for the Zeek receivership under Bell have “dishonored the court.” At the same time, the pleading puts the court’s Charlotte Zip Code in a bracket — “[ 28202 ]” as opposed to a straightforward 28202, the standard convention.

A pleading that asserts “dishonor” claims against public officials and litigation opponents is consistent with tactics employed by “sovereigns” and their adherents. So is the use of a bracket to encase a Zip Code. (See the Blog of the Anti Defamation League, which has a March 15, 2013, story unrelated to Zeek that references a bracket and “sovereign” conspiracy theories about Zip Codes. The ADL story reports on a particularly tragic outcome for a purported “sovereign” the PP Blog also has written about.)

Whether the asserted October 2014 filing by Parker complied with the local rules of U.S. District Court for the Western District of North Carolina — the venue from which Parker was sued for the return of her alleged Zeek winnings plus interest — is not known. What is known is that pleading standards exist in U.S. courts. Pro se filings also are one of the hallmarks of “sovereign citizens,” individuals who may express sentiment that laws do not apply to them or that courts do not have jurisdiction over them.

A court is not mandated to accept any and all pleadings. Some “sovereigns,” for instance, have been known to submit vexatious pleadings that seek to use the courts as an outlet for smear campaigns against judges, clerks, government officials and litigation opponents. “Sovereigns” also have been known to submit nonsensical claims or antigovernment or extremist political arguments, rather than cogent legal defenses.

Whether Parker is a “sovereign” is unclear. Some individuals have fallen under spells by “sovereigns” who sell pleading kits online or at speaking engagements. Now-jailed AdSurfDaily Ponzi-scheme figure Kenneth Wayne Leaming was a purported “sovereign citizen.” Fellow ASD figure Curtis Richmond also was a purported “sovereign.”

Is A Canadian ‘Sovereign Citizen’ Taunting The U.S. Court And The Zeek Receivership?

On its first page, the June 23 pleading attributed to Parker includes what appears to be an ink stamp or seal of something called the “INTERNATIONAL FLAG OF PEACE.” Some “sovereigns” have shown a fascination with ink stamps, including ones in red that purportedly signify a bloody thumb print. (See this May 13, 2015, story in the Jackson Hole News & Guide that refers to purported “sovereigns” in Wyoming and the “International Flag of Peace.”)

Meanwhile, some “sovereigns” have expressed a fascination with capital letters, arguing in essence that if their names appear in caps, the reference is to a nonperson, a person who does not exist or to a person who exists in two forms. The June 23 pleading attributed to Parker asserts she is a “natural person.”

Another oddity with the June 23 pleading attributed to Parker is that it requests “a certified copy” of any oath taken by the court clerk and “certified copies and detailed lists of all [the clerk’s] court related bonds, sureties, indemnifications, and insurance related policies.”

This, too, is consistent with filings by “sovereign citizens.”

Although the June 23 pleading attributed to Parker is typewritten, the phrase “special, private, priority” is scrawled in longhand down the left-side margin of both pages. The reason why was not immediately clear. Some “sovereigns,” however, have expressed a belief that certain word combinations and certain types of punctuation have magical properties that can render courts and litigation opponents powerless, resulting in the dismissal of a case.

The June 23 pleading attributed to Parker ends with the words “Notice to Principal is notice to Agent and Notice to Agent is Notice to Principal.” Similar words have appeared in filings by “sovereign citizens” in U.S. courts.

“Sovereign citizens” in Canada sometimes have been called “Freemen on the land.” In certain instances, they have polluted Canada’s courtrooms with gobbledygook and have behaved in fashions similar to American “sovereigns” — claiming interests in properties they do not own and asserting their actions flow from common law or the Uniform Commercial Code.

Although many “sovereigns” clutter court dockets with mind-numbing nonsense, they do not act out in violent ways.

“Sovereigns,” however, have been linked to violence, including the murders of police officers.

Questions have been raised about whether a Canadian “sovereign citizen” murdered Edmonton Constable Daniel Woodall earlier this month.

NOTE: Our thanks to the ASD Updates Blog.

Jun 25, 2015
EDITORIAL: On The War In Zeekland And HYIP Rabbit Holes

From a promo for Zeek online in 2012. The “program” operated through Rex Venture Group and later was charged by the SEC with selling unregistered securities as investment contracts.

EDITOR’S NOTE: On Feb. 5, 2014, Zeek figures and alleged insiders Dawn Wright-Olivares and Daniel Olivares pleaded guilty to federal crimes. Wright-Olivares pleaded guilty to investment-fraud conspiracy and tax-fraud conspiracy. Olivares pleaded guilty to investment-fraud conspiracy. Federal prosecutors in the Western District of North Carolina are maintaining an information site here.

Kenneth D. Bell, the court-appointed receiver in the SEC civil case, also is the special master in the criminal prosecution. The charging document in the criminal case references unnamed “co-conspirators” who are “known and unknown” to federal prosecutors.

UPDATED 5:10 P.M. EDT U.S.A. In court filings apt to find favor in MLM HYIP Ponzi Land, some alleged “winners” in the Zeek Rewards “program” have tried to turn the tables on the court-appointed receiver by claiming he owes them “treble” damages for alleged violations of the North Carolina Unfair and Deceptive Trade Practices Act.

Similar claims were made from the sidelines of the AdSurfDaily MLM Ponzi scheme in 2008. Some ASD members contended that then-Florida Attorney General Bill McCollum should be charged with Deceptive Trade Practices, apparently for having the temerity to bring a pyramid-scheme action against ASD.

Other ASD members contended at the time that federal prosecutors and a U.S. Secret Service agent should be investigated and charged with crimes for their roles in the ASD Ponzi prosecution.

Among the alleged winners in Zeek who’ve filed a counterclaim against receiver Kenneth D. Bell are Rhonda Gates of Nashville, an alleged winner of more than $1.425 million; Durant Brockett of Las Vegas, an alleged winner of more than $1.72 million; and Aaron and Shara Andrews of Lake Worth, Fla., alleged winners of more than $1 million through a Florida shell entity known as Innovation Marketing.

In addition to claiming Bell owes them damages for Deceptive Trade Practices, the counterclaimants assert Bell interfered in contracts with payment processors such as Payza and NXPay and violated their rights under the Fourth Amendment to the U.S. Constitution.

Bell sued them in late February, alleging in a clawback action that their gains were illicit because Zeek was illicit. He also sued several other Zeek alleged winners, including former ASD members Todd Disner of Miami and Jerry Napier of Owosso, Mich. Disner allegedly received more than $1.875 million through Zeek; Napier allegedly received more than $1.745 million.

Disner, in 2011, sought unsuccessfully to sue the United States for alleged violations of his Fourth Amendment rights in its prosecution of the ASD Ponzi case. His co-plaintiff in the case was Dwight Owen Schweitzer, whom filings by Bell described as a Zeek winner of more than $1,000. Several alleged Zeek winners ventured into the “program” after earlier stints at ASD, including Terralynn Hoy, a Florida MLMer who moderated a forum that called purported “sovereign” being Curtis Richmond a “hero” for his efforts to derail the civil-forfeiture action against ASD-related assets.

Richmond, a Californian, was a member of a “sham” Utah “Indian” tribe that once sought to have U.S. Marshals serve bogus arrest warrants against federal judges. ASD figure Kenneth Wayne Leaming later was arrested by an FBI Terrorism Task Force, after allegedly harboring federal fugitives from a separate home-business caper, being a felon in possession of firearms and filing false liens against a judge and prosecutors involved in the ASD case.

Other alleged Zeek winners sued by Bell in clawback litigation include Trudy Gilmond of St. Albans, Vt. (more than $1.75 million); Darren Miller of Coeur d’Alene, Idaho (more than $1.635 million); Michael Van Leeuwen, also known as “Coach Van” of Fayetteville, N.C. (more than $1.4 million); David Sorrells of Scottsdale, Az. (more than $1 million); T. Le Mont Silver Sr. of Orlando, Fla. (more than $773,000 under at least two user names, and more than $943,000 through a Florida shell entity known as Global Internet Formula Inc. with one or more Zeek user names); Karen Silver, Silver’s wife (more than $600,000); David and Mary Kettner of Peoria, Az. (more than $930,000 via one or more user names and shell companies known as Desert Oasis International Marketing LLC and Kettner & Associates LLC); and Lori Jean Weber of Land O’Lakes, Fla. (more than $1.94 million through a shell company known as P.A.W.S. Capital Management LLC.)

Whether other alleged winners would join Gates, Brockett and Aaron and Shara Andrews in asserting claims for damages against Bell was not immediately clear.

What is clear is that a legal war has broken out over Zeek, with alleged winners challenging Bell’s clawback claims by asserting Zeek wasn’t selling unregistered securities as alleged in 2012 by the SEC, that they worked for the money they received or were due, that the alleged winners were not investors, that the SEC’s case against Zeek cannot withstand scrutiny under the “Howey Test” for what constitutes a security, that the SEC had a duty to catch Zeek much earlier — and, in any event and if all else fails, attorneys Bell sued last week and Bell himself are to blame for the unpleasantness.

On June 25, Bell sued MLM attorney Kevin Grimes and tax attorney Howard N. Kaplan, alleging they helped Zeek thrive while helping Zeek gain unwarranted credibility by lending their professional reputations to a fraud scheme.

From Brockett’s June 30 “affirmative defenses” to the receiver’s clawback claims (italics added):

The Receiver has filed suit against two attorneys who provided legal advice to [Zeek operator Rex Venture Group] and Affiliates, including Brockett. Brockett relied on that advice in concluding that RVG was a legitimate business and in committing over $100,000 in his personal resources to grow his now defunct business. Because Brockett’s damages were caused in part by the conduct of the two lawyers, Brockett is entitled in equity at and at law to a credit for all money the Receiver recovers from the two attorneys as a result of his claims against them.

Also from Brockett’s “affirmative defenses” (italics added):

On information and belief, the SEC knew or should have known of the RVG Ponzi scheme, but delayed unreasonably in its prosecution of claims against RVG. Alternatively, the SEC knew for some time that RVG was operating as a Ponzi scheme but intentionally delayed disclosing that information to Affiliates and to the public. That unreasonable delay has prejudiced Brockett because he has paid taxes on the money he earned working on behalf of RVG, contributed a significant portion of his earnings to his retirement plan, and has incurred business expenses as a part of his work on behalf of RVG. The Receiver in this action stands in the SEC’s shoes and also delayed to Brockett’s detriment and now seeks return of all monies Brockett earned in connection with RVG, with no credit for the taxes or business expenses that Brockett legitimately paid, but that could have been avoided had the SEC or the Receiver timely advised Brockett of RVG’s true nature or acted in a more expeditious manner.

And from Brockett’s counterclaims against the receiver (italics added/editing for space performed):

On information and belief, RVG was not involved in the sale or marketing of any securities, so the SEC was without jurisdiction and the Court did not have subject matter jurisdiction over the SEC Action. Consequently, the appointment of the Receiver was void and of no effect, and all of the Receiver’s actions in his capacity as receiver for RVG have been unlawful and without justification . . .

RVG’s and the Receiver’s conduct described above and in the Complaint constitutes unfair methods of competition, unfair trade practices, and deceptive trade practices in violation of the North Carolina Unfair and Deceptive Trade Practices Act, N.C. GEN. STAT. § 75-1.1, et seq.

The conduct was illegal, offends public policy and is immoral, unethical, oppressive, unscrupulous, and deceptive.

Bell, the Zeek receiver, is a former federal prosecutor who once received a prestigious award from the U.S. Department of Justice for his work prosecuting a Hezbollah terrorist cell operating in North Carolina.

But some of the alleged Zeek winners now describe him with adjectives that could peel paint.

And as they do this, they seek to gut or circumvent the SEC’s authority to prosecute HYIP schemes while contending the agency fumbled the ball in investigating and prosecuting Zeek — that is, if anything was worth investigating and prosecuting at all.

It is a narrative apt to go over well in MLM HYIP Ponzi Land, the latest major expression of which is TelexFree, a rabbit hole case if ever there was one.

NOTE: Our thanks to the ASD Updates Blog.

Jul 1, 2014
Zeekers Share Their Conspiracy Theories At Newspaper Site
The Dispatch of Lexington, N.C., published a story June 7 to update readers on Zeek Rewards-related litigation — specifically the date of a hearing on a motion by certain Zeek members (alleged net winners) to dissolve the receivership. (See link to story/Comments below.) As of this morning, about 27 comments appear below the story. The comments appear to be from Zeek supporters. Zeek was based in Lexington.

Zeek, the SEC said in August 2012, was a $600 million Ponzi- and pyramid fraud that duped investors into believing they were receiving a legitimate return averaging about 1.5 percent a day. Zeek’s business model was similar to AdSurfDaily, a Florida-based Ponzi scheme that collapsed in 2008. Federal prosecutors said ASD had gathered about $119 million.

ASD became infamous not only for its purported payout of 1 percent a day, but also for the extremely strange behavior of some of its supporters. Curtis Richmond, one of the scheme’s cheerleaders, was a purported “sovereign” being once sued successfully under the federal racketeering statute for his role in various bizarre plots advanced by a purported “Indian” tribe in Utah known derisively as the “Arby’s Indians.” (The “tribe” once held a meeting in an Arby’s restaurant.) Among other things, the “tribe” issued arrest warrants for public officials and litigation opponents and used the address of a Utah doughnut shop as the address of its purported “Supreme Court.”

Richmond accused the judge presiding over the ASD case of dozens of felonies, saying she was guilty of “TREASON.” Moreover, Richmond claimed the judge’s supervising judge was conspiring with the judge to deny ASD members justice. For these claims (and more), Richmond was accorded the title of “hero” on the “Surf’s Up” forum, an ASD cheerleading site set up after the U.S. Secret Service raided ASD in August 2008. Among the Surf’s Up faithful was Terralynn Hoy, who later presided over at least one conference call for Zeek. (See this PP Blog Comments thread from June 2012. Props to GlimDropper of RealScam.com.)

Many highly peculiar narratives were advanced by ASD supporters. One of them held that the U.S. government took about $80 million seized in the ASD case and plowed it into a secret fund through which it almost immediately generated $1 billion in interest that the United States used to pay for black ops. Another held that all commerce is lawful as long as the parties agree that it is lawful, a position that would legalize slavery. Yet another held that the ASD judge was on the take and “brain dead” if she ruled against ASD. Still another held that undercover agents who joined ASD to get the lay of the land had a duty to inform ASD management.

On Surf’s Up, an ASD supporter claimed that a “militia” should storm Washington with guns. Another claimed a federal prosecutor should be placed in a medieval torture rack. Beyond that, a purported “prayer” was circulated that called for federal prosecutors to be struck dead.

Given that ASD operator Andy Bowdoin once described himself (from a stage in Las Vegas) as a Christian “money magnet” and later claimed that the Secret Service was “Satan” and compared the agency to the 9/11 terrorists who killed nearly 3,000 people in New York, Pennsylvania and Washington, it’s no surprise that it became next-to-impossible to keep track of all of the ASD conspiracy theories.

What is surprising is that any number of Zeekers seem willing to buy into the same sort of mind-numbing mind-set.

At The Dispatch site, apparent Zeek supporters are claiming that:
- the “SEC messed us all up.”
- the court-appointed receiver “should be on trial.”
- “someone paid these guys off with MINIMAL evidence!”
- “Gestapo/KGB/SS tactics” are being used against Zeek by people in the “Executive Branch.”
- the government is “not allowing anyone to [grow] economically.”
Friends, a 1.5-percent-a-day “program” pushed on well-known fraud forums such as TalkGold and MoneyMakerGroup is a scam. Period. The SEC acted in the best interest of Zeek investors — and in the best interest of the people of the United States who are sick and tired of seeing their country used as a playground for HYIP scammers or worse. The security condition created by “programs” such as Zeek, Profitable Sunrise, JSSTripler/JustBeenPaid and others is untenable.

Kenneth D. Bell, the court-appointed receiver for Zeek, has been doing a commendable job amid extremely trying circumstances. (In terms of the number of victims, Zeek may be the largest Ponzi scheme in U.S. history.) Bell is a former federal prosecutor known for having once successfully prosecuted a Hezbollah terrorist cell operating in the United States. He was appointed by a federal judge who is a former Naval officer. Claiming Bell should be put on trial is pure idiocy. So is clinging to a belief that the government somehow has outlawed the growth of business in the United States.

No one got “paid off” to do anything against Zeek — and the evidence that Zeek had an insurmountable mountain of unfunded liabilities and was paying members with money from other members is overwhelming.

Claims about Gestapo, KGB and SS tactics also were made by ASD members. Dwight Owen Schweitzer, later of Zeek, sued the United States (with fellow ASD and Zeek member Todd Disner). Among other things, Schweitzer and Disner claimed they were “unaware of any remission payments having been made” through the government-sponsored restitution program — this despite the fact the government had returned tens of millions of dollars to ASD investors and had issued news releases repeatedly about the program.

For good measure, Schweitzer and Disner also claimed that undercover agents who joined ASD “should have reported their own violations of the ASD terms of service” to ASD management. The pair made this bizarre claim long after ASD lost in the District Court and in the U.S. Court of Appeals. Amazingly, the claim also was made after prosecutors pointed out that some ASD members were recruiting for ASD even though they knew it was a Ponzi scheme and that Andy Bowdoin’s silent partner in ASD was his sponsor in the 12DailyPro Ponzi scheme broken up by the SEC in February 2006 — months before ASD launched and years before Zeek launched.

So, if you’re inclined to call accused Ponzi schemer and Zeek operator Paul R. Burks a genius while ranting against the government, you are according that title to a man who appears to have learned nothing from the ASD and 12DailyPro (and Legisi and PhoenixSurf and CEP and Imperia Invest IBC) prosecutions. If you are unhappy that the government’s Zeek action froze money you were counting on — well, that’s understandable. At the same time, however, there is a good chance you don’t understand the context of your own unhappiness. Zeek and Burks are to blame, not the SEC and the receiver.

If you joined another Zeek-like “program” after the SEC action, the best that can be said is that you are slow to learn. The worst is that you are a budding “Ken Russo,” perhaps the most intransigent Ponzi-board scammer in the Western Hemisphere. Zeek member “Ken Russo” sells people into Ponzi misery for a fee.

Repeatedly.

What ASD and Zeek both appeared to be was a bid to dupe investors into believing that, if 12DailyPro’s return of 12 percent a day for 12 days for thousands of members was impossible, the “smaller” daily returns of ASD (1 percent) and Zeek (1.5 percent) for between 90 and 150 days for hundreds of thousands of members somehow were more plausible.

Read story and Comments thread in The Dispatch. While you’re doing so, remember that Zeek once auctioned sums of U.S. currency (while wrapping itself in the American flag) and told successful bidders they could pick up their cash via offshore payment processors that enable fraud schemes like JSSTripler/JustBeenPaid and its 2-percent-a-day “program” globally.
Jun 21, 2013
CURIOUS: 3 Of 5 ‘Most Popular’ Stories On PP Blog Last Week Were ‘Old’ Articles On The AdSurfDaily And AdView Global Scams

UPDATED 8:55 A.M. ET (U.S.A., DEC. 11) Are Zeekers doing research in advance of clawback actions in the Ponzi scheme case or otherwise trying to get a sense of history? Are they (or other readers) trying to gain a better understanding of ties that may exist among Zeek, AdSurfDaily and AdViewGlobal?

Three of the PP Blog’s five “Most Popular” stories last week were “old” articles about ASD and AVG, according to a tracking service used by the Blog. AVG had not dominated reader interest on the PP Blog for nearly three years.

Here are links to (and briefs about) those stories:

From July 16, 2009: (No. 2 in ‘Most Popular’ rankings last week.) BREAKING NEWS: Federal Judge Says Curtis Richmond, Six Other Parties Who Used Pro Se Litigation Blueprint, Cannot Intervene In AdSurfDaily Forfeiture Case

The July 16, 2009, story reported that seven would-be, pro se intervenors in the ASD Ponzi case were denied standing by a federal judge. In her ruling, the judge pointed out that the first filing occurred in February 2009. It is “representative and seems to be a ‘form’ complaint inasmuch as the others are duplicates,” the judge said.

A key part of the ruling (italics added): “Fraud victims who voluntarily transfer their property to their wrongdoers do not retain a legal interest in their property; instead, such victims acquire a debt against their wrongdoers.”

Waves of other pro se filiers later were denied standing in the case. (On at least two occasions, the judge denied the would-be intervenors en masse.)

It perhaps is worth pointing out that standing also could become an issue in the Zeek case. Given ASD’s history, it also seems possible that “defenders” of the Zeek scheme will ponder the use of shared litigation templates. (The ASD templates, which advanced conspiracy theories and accused public officials of crimes, didn’t “work.” To date, one Zeeker has accused the court-appointed Zeek receiver of a crime.)

From Dec. 7, 2009: (No. 4 in “Most Popular” rankings last week.) AdViewGlobal Recording Suggests Member Cashed Out $10,000 Only Days After Formal Launch And That Insiders Were Awarded Bonuses; Less Than Two Weeks Later, Surf Switched To ‘Private Association’ Structure

The Dec. 7, 2009, story reported that AVG, a purported offshore entity, had conducted conference calls earlier in the year and lured prospects with “bonuses.” It also reported that some AdSurfDaily figures were among the first to receive the “bonuses.”

It perhaps is worth pointing out that an effort by some Zeek insiders now appears to be under way to lure their downlines into nascent “programs,” at least one of which is being positioned as a way to maintain a Zeek downline in a new “program” and receive a bonus. The name of the new “program” that purportedly will provide bonuses to Zeek members and its base of operations are unclear.

Zeek and ASD figure Todd Disner, however, recently was reported to be in Hong Kong with a “lost” passport.

“Todd Disner,” said Zeek figure Robert Craddock on a call last week. “Bless his heart. I don’t know if he’s found his passport yet, but he’s . . . in Hong Kong right now assisting us with this new program. And he’s lost his passport. So, I don’t know if he’s made it back to the states yet or not. And, so, we’re all working very, very hard to pull this together for you.”

Some Zeekers have ported themselves to schemes such as “BannersBroker” and “GoFunPlaces.” It is possible that any number of Zeek members took soiled proceeds from previous scams to their new “opportunities.” What’s not known at this time is what will happen if Zeek “winners” who are the prospective targets of clawback litigation will do if they moved illicit Zeek proceeds into another scheme or dissipated the money in other ways.

From the Dec. 7, 2009, story (italics added):

The conference call, hosted by Terralynn Hoy, a Moderator at both the Pro-AdSurfDaily Surf’s Up forum and a ning.com forum set up to promote AVG, did not disclose how the member amassed a large sum in only days and qualified for a cashout. But another participant in the call announced that the man excitedly expected to receive a check for $10,000.

Terralynn Hoy, a figure in both the ASD and AVG stories, hosted at least one call for Zeek in 2011. ASD was a $119 million Ponzi scheme that collapsed in August 2008. AVG collapsed in a sea of mystery in June 2009. Before it collapsed, it sought to make an 80/20 “program” mandatory and exercised its version of a “rebates aren’t guaranteed” clause.

Lots of Zeek members tried to encourage fellow members and prospects to keep 80 percent in the “program” and remove only 20 percent. Like ASD and AVG, Zeek also had a version of a “rebates aren’t guaranteed” clause. Some Zeek “defenders” now claim that Zeek should be left alone because it never promised anybody anything. ASD and AVG members said the same thing about those “programs.”

From July 24, 2009: (No. 5 in “Most Popular” rankings last week.) UNCONFIRMED: Harris Family In Uruguay, AVG Staff Fired

This story reported that certain members of the Bowdoin-Harris family involved in both ASD and AdViewGlobal purportedly had moved to Uruguay. News about the purported move broke after AVG was mentioned in a racketeering lawsuit against ASD in June 2009.

From the July 24, 2009, story (italics added):

AVG has a history of blaming members for its problems and deflecting accountability from management to the rank-and-file. In the past, it has blamed members for the suspension of a bank account and threatened to sue members who shared information outside association walls — and even to contact their ISPs to suspend service of people who asked pointed questions about the company in forums.

Yesterday’s announcement by AVG also blamed the delay in audit findings on unspecified “complications created by changes in payment processors.”

Prior to its August 2012 collapse, Zeek appears to have experienced problems with banks and payment processors. Some Zeek promoters cautioned fellow members not to talk too much about Zeek in public. On Aug. 4, Zeek complained on its Blog about unspecified “North Carolina Credit Unions” saying unfair or untrue things about Zeek.

Zeek members were warned there would be consequences to members who did not toe the company line.

Just 13 days later, on Aug. 17, the SEC filed an emergency action in federal court that alleged Zeek was a $600 million Ponzi and pyramid scheme

Dec 10, 2012
ANOTHER FALSE-LIENS CASE: Residents Of Utah, Louisiana Charged With Mail Fraud In Alleged ‘Sovereign Citizen’ Bid To Record Phony Debts Against Judges

It has happened again — this time in Utah: Maria Melody Fuentes Cecil, 42, of Spanish Fork, and Robert Clifton Tanner, 44, of Mansura, La., have been indicted on charges of mail fraud in an alleged bid “to assert false claims of indebtedness totaling billions of dollars against state court judges and others,” federal prosecutors in Utah said.

Tanner was arrested last week in Louisiana by “local, state and federal officers,” prosecutors said, adding that Cecil was arrested in Spanish Fork.

“Cecil and Tanner made it appear as though the victims of their conduct had incurred the multi-billion dollar debts by not responding to pseudo-legal documents mailed to them,” prosecutors said. “Then, acting in concert, Cecil and Tanner filed false and fictitious lien documents with the Utah County Recorder’s Office against the state court judges and others, using the previous fraudulent mailings as justification.”

Part of the scheme featured an attempt by Cecil to file a “Notice of Expatriation” with the Utah Lieutenant Governor’s Office on March 9, 2012, in an effort to declare herself a “sovereign” citizen,” prosecutors said. “In 2011 and 2012, Cecil was a party in various court proceedings in the Provo City Justice Court, Utah Fourth District Court, and Utah Fourth District Juvenile Court in Utah County.”

Utah also was part of the staging grounds of Curtis Richmond, a purported “sovereign” being and a figure in the AdSurfDaily Ponzi story. Richmond was sued successfully under the federal racketeering statue in a case that alleged he was part of a “sham” Indian tribe that targeted public officials with vexatious liens, including one for $250 million against a county attorney.

Richmond later became a figure in the ASD Ponzi case, accusing a federal judge of “TREASON” and federal prosecutors of theft.

Cecil and Tanner sought $3.2 billion each from targets of their false liens, prosecutors said.

ASD figure Kenneth Wayne Leaming is jailed near Seattle on charges of filing false liens against at least five public officials involved in the ASD case, including a federal judge, three federal prosecutors and a special agent of the U.S. Secret Service. He was arrested by the FBI in November.

The FBI also is investigating the Cecil/Tanner case.

Sep 4, 2012
As Zeek-Related Fundraising Efforts Begin, ‘Andy’s Fundraising Army’ Down For The Final Count: AdSurfDaily Patriarch Andy Bowdoin Awaits Sentencing In Pre-Zeek, 1-Percent-A-Day Ponzi Scheme Case

UPDATED 11:31 P.M. EDT (AUG. 26, U.S.A.) After the collapse of AdSurfDaily in 2008, there were at least four efforts to raise funds to “defend” the Ponzi enterprise and/or its participants. The PP Blog has received reports that at least one such effort is under way in the aftermath of the collapse last week of Zeek Rewards, which the SEC called a $600 million Ponzi- and pyramid scheme that had affected more than 1 million people. Zeek also is under investigation by the U.S. Secret Service and the office of North Carolina Attorney General Roy Cooper.

Zeek members who cling to a belief that the government somehow got it wrong perhaps can save themselves both money and heartache by looking at the history of the various ASD-related efforts to “defend” the multilevel marketing “program” after the U.S. Secret Service seized 15 bank accounts (and about $80 million) in ASD-related proceeds in August 2008.

Here are briefs on the various ASD-related “defense” efforts:

“Andy’s Fundraising Army”: This bizarre effort was the fourth and final of a series of failed ASD-related efforts. Started by accused ASD Ponzi schemer Thomas A. “Andy” Bowdoin himself last summer (with the purported help of ASD cheerleader Tari Steward), the effort immediately devolved into a symphony of the bizarre.

With Bowdoin effectively having been out of public view for nearly three years, the purported “army” teased potential contributors for days with a photo that showed Bowdoin smiling broadly and looking confident. Among other things, the teaser asserted there was “MORE GOOD NEWS” and plenty of reasons to help Bowdoin raise $500,000 to pay for his criminal defense.

It went on to assert that “A Recent Survey of ASD Members Proves that the Vast Majority of You Want to Join Andy’s Fundraising Army” and that “[P]er standard and accepted industry guidelines, public opinion surveying of 140 members of a large group of members that all share a common interest or purpose, of any size, even in the millions, will give an excellent cross section of the opinions and viewpoints of the entire group.”

But the “army” site did not describe the characteristics of the 140 ASD members purportedly sampled. Nor did it define what specific surveying “standard” it applied or define the source of the purported “industry guidelines.”

And what would a good, MLM-like approach to raise funds for an accused HYIP scammer (1 percent a day) be without a “prelaunch” phase? With the teaser in place, a placeholder website for “Andy’s Fundraising Army” promised a full launch to come, along with the exciting opportunity for ASD members to send funds to the man accused of defrauding them to the tune of $110 million.

But like a bad HYIP dream, the “army” website naturally missed its first advertised launch date. This was blamed on the need for more “testing,” reinforcing one of the HYIP world’s longstanding clichés. It then missed its second advertised launch date, explaining that “one last important system is being finalized.” With the first two launch dates missed, the site reported that it had set a “Final Revised Launch Date.”

During the evening of July 26, 2011, the launch finally occurred. Like many things ASD, it provided minute after minute of MLM infamy. Indeed, Bowdoin appeared in a fundraising video with symbols of American patriotism as the backdrop.

Among other things, Bowdoin — who in 2008 described himself as a Christian “money magnet” and advised ASD members after the Secret Service raid that “God” was on the company’s side and that “Satan” had infiltrated the government — claimed in the video that he’d been “crucified” by U.S. law enforcement.

He blamed the ASD-related losses in civil court on a federal judge, the prosecutors and his own former defense counsel. Bowdoin asked members to provide $500,000 to help him pay his new defense team.

It is believed he raised about $26,000 in the following weeks — but things continued to unfold like a bad HYIP dream. There was a report that a hurricane knocked the fundraising site offline, for instance. By January 2012, the site had lost its ability to collect money via PayPal. Federal prosecutors declined to comment on the development, which occurred after Bowdoin had become a pitchman for “OneX.”

In April 2012, prosecutors described OneX as a fraudulent scheme and pyramid. Bowdoin pleaded guilty to wire fraud the following month, admitting ASD was a Ponzi scheme. His fundraising website, which published purported “expert” opinions from attorney Gerald Nehra and consultant Keith Laggos that ASD was not a Ponzi scheme, remained online for weeks after the guilty plea.

The “Andy’s Army” site is now offline and is listed as an expired domain. In recent days, Bowdoin — as part of his plea agreement — has dropped his last remaining claim to cash seized in the ASD case. (A third ASD-related forfeiture complaint was filed by the government in December 2010. Bowdoin entered a claim.) He is scheduled to be sentenced Aug. 29.

Nehra’s law firm later became counsel for Zeek, according to Zeek. And Laggos became a purported “consultant.”

Todd Disner and Dwight Owen Schweitzer: Even as Bowdoin was rolling out his “army” website and repeatedly missing launch dates, ASD figures Todd Disner and Dwight Owen Schweitzer were advancing a plan to raise money to sue the government. An email attributed to Disner surfaced in July 2011 that introduced a pronoun mystery: “We plan to go after Akerman Senifit (sic) next,” the email read in part.

Akerman Senterfitt was the name of Bowdoin’s original defense law firm in the civil portion of the ASD case. In the earliest days of the case, ASD cheerleaders on the now-defunct “Surf’s Up” forum positioned the well-known firm as the “Perry Mason” firm; the government, meanwhile, was said to be represented by “Gomer Pyle.” A federal judge was described as “brain dead” if she ruled against ASD, and a federal prosecutor was described as an individual who deserved to be placed in a medieval torture rack.

Why Disner chose the pronoun “we” was never explained. The July 2011 email followed an April 2011 email attributed to Disner that included this declaration: “Let the games begin!”

During this period, Disner and Schweitzer were soliciting funds to sue the government. This effort began at an unclear point of time after November 2008, the month a federal judge issued a key court ruling against ASD while saying Nehra’s opinion could not be relied upon in part because it “relied solely on the written words contained in the Terms of Service without independent investigation or review of ASD’s business records to ascertain how ASD operates in fact before opining.” (Bolding added.)

If the judge’s ruling could be reduced to two words, it might read, “Gomer won.”

At an unclear point in time, both Disner and Schweitzer became reps for Zeek. They filed their ASD-related lawsuit in November 2011, claiming, among other things, that the government had presented a “tissue of lies” when bringing the August 2008 forfeiture case. As part of their apparent strategy, Disner and Schweitzer pointed to purported expert opinions of Nehra and Laggos. Disner and Schweitzer produced those opinions months after ASD had lost two civil-forfeiture cases in both U.S. District Court and the U.S. Court of Appeals.

Months later, Bowdoin himself put both Disner and Schweitzer in a box. In May 2012 — after Nehra and Laggos both had opined ASD was not a Ponzi scheme and after Disner and Schweitzer had sued the government — Bowdoin admitted that ASD was a Ponzi scheme.

Bob Guenther and ASDMBA: In 2008, ASD member Bob Guenther became the de facto head of an entity known as the ASD Members Business Association. The stated goal of ASDMBA was to raise funds to hire Dallas attorney Larry Friedman to represent ASD members’ interests in the case.

ASDMBA soon devolved into a circus, with Guenther using its website to promote a company that was developing an online game. Along the way, Friedman sued ASD critic Jack Arons, triggering a side drama that lasted for weeks and burying Arons in an avalanche of paperwork. (As a matter of pure PR, high-powered Friedman came out the loser for bringing out nukes against a web critic armed with a fly-swatter. The avalanche finally ended, with Arons, a Florida retiree who lives in a manufactured home, largely unscathed.) Guenther, meanwhile, refused to provide a reliable accounting of how the tens of thousands of dollars raised by ASDMBA was spent, according to members.

Guenther bizarrely dismissed his critics as “left wing liberal no balled people,” calling one an “ignorant mouthy broad.” He also claimed ASDMBA was instrumental in returning money to ASD victims, saying the group retrieved funds for retired and active-duty police officers in Texas and California, and for a high profile Dallas Cowboy’s executive.

Nothing in the public record suggests Guenther had any standing to perform any services on behalf of ASD members. It later emerged that Guenther was a convicted felon. Months after the 2008 formation of ASDMBA, in March 2009, Guenther was charged with two felony counts of aggravated harassment. Mesa, Arizona, police said Guenther repeatedly violated a court injunction for workplace harassment that prohibited him from nuisancing Cheyenne Mountain and Affiliates, the Arizona business that was developing the online game promoted on ASDMBA’s website.

Guenther later accepted a plea agreement in the harassment case. No jail time was ordered.

ASD Members International: This one was hatched by members of the pro-ASD “Surf’s Up” forum, which became Bowdoin’s official mouthpiece after the key court ruling went against ASD in November 2008. ASDMI was a purported nonprofit entity formed in Missouri. Its bizarre mission was to raise funds to litigate against the government even if the government was proceeding lawfully. In short, ASDMI planted the seed that prosecutors and investigators would be sued and/or charged with crimes.

It is believed that at least 168 people contributed money to ASDMI.

Included in the ASDMI braintrust was former Surf’s Up moderator Barb McIntyre, who enforced a “Poof Penalty” when ASD members left links on Surf’s Up to stories on the PP Blog.

But if there was an ASDMI “star,” it was “Professor” Patrick Moriarty, one of the most unusual characters in the entire ASD drama. Moriarty was an early advocate for Curtis Richmond, a purported “sovereign” being who advanced a theory that all commerce was lawful as long as the buyer and seller agreed to a contract. Among other things, it was a position that would have legalized slavery and human trafficking. Richmond went on to accuse a federal judge of “TREASON” and to accuse investigators of theft.

Richmond was hailed a “hero” on Surf’s Up, which never revealed that Richmond had been found in contempt of court for threatening federal judges and was part of a Utah “Indian” tribe a federal judge ruled a “complete sham.” (This is the “tribe” known derisively as the “Arby’s Indians” because it once held a meeting in an Arby’s restaurant in Utah. The purported “tribe” also had a purported “Supreme Court.” The address for the “Supreme Court” was the address of a doughnut shop. Richmond was sued successfully under the federal racketeering statute (RICO) by public officials in Utah targeted in a vexatious legal campaign by Richmond and other “tribe” members.)

With Surf’s Up fanning the flames that federal prosecutors and a U.S. Secret Service agent needed to be investigated and prosecuted for their roles in the ASD Ponzi case, it emerged that Moriarty — who once sold fake academic degrees on eBay, claiming they were gag gifts — once had started a purported nonprofit in the name of a man accused of killing a woman in cold blood and ambushing two Missouri police officers and another man.

Moriarty later was indicted on charges of tax evasion. He pleaded guilty, and was sentenced to federal prison.

NOTE TO ZEEK READERS: This document, which was filed by federal prosecutors in December 2008, is the second of three known forfeiture complaints filed against ASD-related assets. It is highly recommended reading.

The document was filed about four months after the original — and best-known ASD forfeiture complaint — was filed.

The ASD case started as a civil case with a parallel criminal investigation. Zeek-related litigation may follow the same track. Ponzi investigations take time. The December 2008 ASD forfeiture complaint shows that investigators continued to “follow the money” and to destroy ASD’s cover story after the original forfeiture complaint was filed.

It likely is true that the August 2008 complaint has received the most attention — no doubt because it laid out the core elements of the government’s case. But the December 2008 filing was tremendously damaging because it provided the first real inside glimpse into how ASD truly was operating.

Aug 24, 2012
Lawsuit Against United States By AdSurfDaily Figures Todd Disner And Dwight Owen Schweitzer Now Officially Transferred From Florida To District Of Columbia; Case Assigned To Judge Collyer

The lawsuit against the U.S. government filed by AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer now appears on the court docket in the District of Columbia, meaning the case formally has been transferred from U.S. District Court for the Southern District of Florida.

U.S. District Judge Rosemary Collyer has been assigned the case, which was ordered transferred July 23 by U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida. It will be at least the fifth ASD-related case Collyer has overseen. The judge has presided over at least three forfeiture cases, a racketeering lawsuit filed by some ASD members against ASD President Andy Bowdoin — and the criminal case against Bowdoin.

Disner and Schweitzer — who went on to become affiliates of the Zeek Rewards MLM “program” that now is the subject of an examination by the office of North Carolina Attorney General Roy Cooper — sued the United States in November 2011. The ASD duo alleged their Constitutional rights were violated when the government seized ASD’s database in 2008. The pair also alleged that undercover agents who joined ASD had a duty to inform ASD management and that the government had gone shopping for a friendly forum in the District of Columbia when bringing the civil forfeiture case against tens of millions of dollars in the personal bank accounts of Bowdoin.

Meanwhile, Disner and Schweitzer — relying in part on a purported expert opinion by purported MLM expert Keith Laggos that ASD was not a Ponzi scheme — accused the government of presenting a “tissue of lies” when bringing the ASD Ponzi case. Disner and Schweitzer contended that ASD was not a Ponzi scheme and had been conducting business lawfully before the federal seizure.

Only months after Disner and Schweitzer presented the Laggos’ opinion to Judge Altonaga in Florida, Bowdoin pleaded guilty in the District of Columbia before Collyer to a Ponzi-related charge of wire fraud.

In a statement of offense, Bowdoin acknowledged ASD was a Ponzi scheme and had never operated lawfully from its 2006 inception.

Laggos was hired as a “consultant” by Zeek, but the firm appears to have dumped him last month. Details surrounding Laggos’ departure from Zeek remain unclear.

Litigation surrounding the ASD case has been marked by bizarre events. ASD is known to have ties to the so-called “sovereign citizens” movement. ASD figure Curtis Richmond, a purported “sovereign” being, once accused Collyer of “TREASON.” Meanwhile, ASD figure Kenneth Wayne Leaming is jailed near Seattle on charges of filing bogus liens against at least five public officials involved in the ASD case, including a federal judge, three federal prosecutors and the lead U.S. Secret Service agent on the ASD case.

Leaming also is accused of being a felon in possession of firearms, harboring two federal fugitives from Arkansas involved in a massive mail-fraud scam centered around a home-based business and uttering a false “Bonded Promissory” note. Leaming now is seeking to sue President Obama and U.S. Attorney General Eric Holder. Earlier, Leaming and ASD figure Christian Oesch sought unsuccessfully to sue the United States, apparently for the staggering sum of more than $29 trillion.

Aug 9, 2012
BULLETIN: In Bizarre Blog Post, Zeek Claims ‘All’ Of Its Critics Are Behaving ‘Unprofessionally By Acting On False Information’; MLM Firm Blasts ‘ North Carolina Credit Unions’ For Circulating Memo ‘Unfavorable To Zeek Rewards And False’

BULLETIN: The Zeek Rewards MLM “program” that is married to a penny-auction site known as Zeekler and plants the seed that an annualized return in the hundreds of percent is possible has declared that “all” Zeek criticism has been “unprofessional” and based on “false information.”

Some Zeek affiliates have said that Zeek provides a payout that averages about 1.4 percent a day, a figure higher than the AdSurfDaily Ponzi scheme.

Zeek has preemptively denied it is an investment program or “pyramid scheme.” Regardless, Zeek has a presence on HYIP forums referenced in federal court filings as places from which Ponzi schemes are promoted. The company has used offshore payment processors linked to numerous fraud schemes and employs business model similar to the $110 million AdSurfDaily Ponzi scheme.

Zeek, which has members in common with ASD, gathers sums of up to $10,000 from members. Like ASD, it claims it is not offering an investment program. But Zeek now is blasting unspecified “North Carolina Credit Unions” for circulating a purported “internal memo” that allegedly was “at once unfavorable to Zeek Rewards and false.”

The Zeek Blog post was attributed to acting COO Gregory J. Caldwell, who replaced acting COO Dawn Wright-Olivares. While acting COO, Wright-Olivares once suggested that, if Zeek instructed members to change their preference in dispensing toilet paper in their private bathrooms (top-rolling vs. bottom rolling), they should do it.

Wright-Olivares now is Zeek’s “Chief Marketing Officer,” with Caldwell holding her former job, according to the company.

Caldwell, according to the Zeek Blog post, now is warning Zeek members to stick with the company line or face the consequences. The post did not spell out those consequences.

“It’s counter-productive for Affiliates to fan the flames of issues that are the proper responsibility of Zeek Corporate…and it’s a violation of the Zeek Policies and Procedures for which violators will be held responsible,” the post attributed to Caldwell and dated today read in part.

A North Carolina credit union had slandered Zeek, according to the post attributed to Caldwell on the Zeek Blog (italics/bolding added).

Zeek Rewards policy is to act quickly to support the Zeek reputation and the future of your business. Upon learning of the memo slandering Zeek, I called the head of Risk Management to track down the origin of the memo. Upon being discovered, the person responsible admitted he really didn’t know anything about the laws regarding direct selling or how to identify a legitimate network marketing company or opportunity. Like all our critics, he was behaving unprofessionally by acting on false information.

We intervened, shut down the misinformation at its source, and that would have been that…were it not for the inappropriate action of one of our own Affiliates who posted the memo online where it has been picked up and is now being used by our critics.

Prior to being arrested on Dec. 1, 2010, by the U.S. Secret Service amid allegations he was at the helm of an Internet Ponzi scheme that planted the seed affiliates received a return of 1 percent a day but were not making an investment, ASD President Andy Bowdoin also complained about slanderous critics. Bowdoin pleaded guilty in May 2012 to a Ponzi-related charge of wire fraud.

Although Bowdoin posted bond and remained free after the Secret Service brought its case, he is now jailed in the District of Columbia, amid allegations he continued to promote fraud schemes after the Secret Service seized more than $80 million in the ASD Ponzi case in August 2008 and after Bowdoin was arrested on Ponzi charges in December 2010. Federal prosecutors identified those schemes as AdViewGlobal and OneX.

Bowdoin, 77, is scheduled to be formally sentenced in the ASD case on Aug. 29.

Some Zeek members also have promoted OneX, which reportedly used at least one of the same offshore processors as Zeek (SolidTrustPay).

Zeek members also have been linked to a “program” known as JSS Tripler/JustBeenPaid and purportedly operated by Frederick Mann, a former ASD pitchman who may have ties to the so-called “sovereign citizens” movement. ASD also had ties to “sovereign citizens,” including the now-jailed Kenneth Wayne Leaming (false liens/harboring fugitives/possessing firearms illegally after prior felony conviction/false uttering) and Curtis Richmond, who once accused the federal judge overseeing the ASD case of “TREASON” and as many as 60 felonies.

JSS/JBP purports to provide a return of 730 percent a year. JSS/JBP uses at least two of the same offshore processors used by Zeek (SolidTrustPay and AlertPay, now Payza).

Meanwhile, Zeek promoters also have been linked to a “program” known as Regenesis 2×2, which came under Secret Service scrutiny in 2009 and also had a presence on the Ponzi boards.

Before the ASD Ponzi raid by the Secret Service in 2008, ASD had moved “several million” dollars into SolidTrustPay, according to court records. AlertPay also is referenced in filings in the ASD Ponzi case. Both firms are referenced in filings in the Pathway to Prosperity HYIP Ponzi case brought in 2010 by the U.S. Postal Inspection Service.

Filings in the Pathway to Prosperity case also reference the TalkGold and MoneyMakerGroup forums — forums on which Zeek, JSS/JBP, ASD and the Legisi HYIP Ponzi scheme had a common presence. SolidTrustPay, meanwhile, was mentioned in filings in the Eagle Trades LTD fraud case. Terrance Osberger of Eagle Trades was indicted last month by a federal grand jury in Ohio on one count of wire fraud and 48 counts of money-laundering.

Eagle Trades also had a presence on the Ponzi boards.

The Blog post attributed to Caldwell came on the heels of a report yesterday by BehindMLM.com that the North Carolina State Employee’s Credit Union (NCSECU) had concerns about Zeek. (Link to BehindMLM story below.)

In June, the office of North Carolina Attorney General Roy Cooper said it had concerns about Zeek. Cooper’s office expressed those concerns after a North Carolina television station suggested Cooper’s office had determined Zeek to be operating legally. Zeek’s Blog linked to the TV station’s report, but the TV station later removed the report. Cooper’s office said that no determination that Zeek was operating lawfully had been made.

Read story on BehindMLM.com.

Read Zeek’s Blog post.

Aug 4, 2012
URGENT >> BULLETIN >> MOVING: Florida Federal Judge Grants Government Motion To Transfer Lawsuit Filed By AdSurfDaily Figures Todd Disner And Dwight Owen Schweitzer To District Of Columbia; Ruling May Put Case In Hands Of Judge Collyer

URGENT >> BULLETIN >> MOVING: A federal judge has granted the government’s request to transfer from Florida to the District of Columbia a lawsuit against the United States filed by AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer.

The ruling today by U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida deals a blow to Disner and Schweitzer, who earlier argued that federal prosecutors had gone shopping for a “frendly [sic] forum” in the District of Columbia when bringing the ASD Ponzi case in 2008 after an investigation by the U.S. Secret Service.

Altonaga’s ruling may mean that U.S. District Judge Rosemary Collyer — whom ASD President Andy Bowdoin and purported “sovereign” being Curtis Richmond tried unsuccessfully to have removed from the case for alleged bias — will preside over the Disner/Schweitzer complaint.

Disner and Schweitzer, who raised the prospect they could be charged with tax evasion, argued to Altonaga that their Constitutional rights were violated when the government seized the ASD database in 2008.

” . . . the Court finds that Plaintiffs can litigate their claims in the District of Columbia without undue inconvenience or prejudice,” Altonaga ruled. “The public interest factors also favor transfer, given the District of Columbia’s extensive familiarity with the forfeiture proceedings that gave rise to this action. In view of that familiarity, the District of Columbia is in a better position to efficiently judge whether Plaintiffs’ case warrants dismissal or whether the Government’s actions constituted an unreasonable search and seizure of Plaintiffs’ property in violation of the Fourth Amendment and other statutory requirements.”

In her ruling today, Altonaga noted that Disner and Schweitzer already have claimed they’d try to have Collyer removed from the case if made its way from Florida into her courtroom.

Disner and Schweitzer sued the government in November 2011, bringing their action in the Southern District of Florida and arguing that ASD was not a Ponzi scheme and that prosecutors and the Secret Service had authored a “tissue of lies” in the District of Columbia. About seven months later — in May 2012 — Bowdoin pleaded guilty to wire fraud before Collyer, who’d earlier ordered the forfeiture of more than $80 million in the civil portion of the case.

In a statement of offense, Bowdoin acknowledged ASD was a Ponzi scheme that never operated lawfully from its 2006 inception. He remained free after his guilty plea, but Collyer ordered him jailed in June 2012, after prosecutors presented evidence that Bowdoin continued to foist scams (AdViewGlobal and OneX) on the public even after the seizure of tens of millions of dollars in the ASD case and even after he was arrested on Ponzi charges in December 2010.

Bowdoin has been held at a local jail facility in the District of Columbia since last month. His formal sentencing on the Ponzi-related charge of wire fraud is set for Aug. 29 before Collyer.

After their ASD days, Disner and Schweitzer became pitchmen for the Zeek Rewards “program,” which has an ASD-like compensation scheme. In arguing that ASD was not a Ponzi scheme, Disner and Schweitzer relied on an opinion from purported MLM expert Keith Laggos, whom Zeek now claims as a consultant.

Jul 23, 2012
BULLETIN: AdSurfDaily Figures (And Zeek Rewards Pitchmen) Todd Disner And Dwight Owen Schweitzer Raise Possibility Of Prosecution For Tax Evasion Because Of Government Seizure Of ASD Database

After the August 2008 seizure by the U.S. Secret Service of tens of millions of dollars in the AdSurfDaily Ponzi case, Dwight Owen Schweitzer became a pitchman for the Zeek Rewards "program," according to this ad. Schweitzer, a former attorney whose license was suspended in Connecticut, and fellow ASD figure Todd Disner sued the United States in November 2011 for alleged misdeeds in the ASD case, claiming the government had authored a "tissue of lies" in the ASD case and that ASD was a legitimate business. ASD President Andy Bowdoin admitted last month that ASD was a Ponzi scheme and that his business never operated legally from its 2006 inception, putting Bowdoin at odds with both Disner and Schweitzer and also purported MLM expert Keith Laggos, who curiously opined ASD was not a "Ponzie" scheme. Bowdoin is now jailed in the District of Columbia after a federal judge revoked his bond. The judge ordered Bowdoin jailed pending formal sentencing after the government proffered evidence that Bowdoin continued to promote fraud schemes after the seizure of $65.8 million from his personal bank accounts in 2008 and after Bowdoin was arrested in December 2010 on ASD-related charges of wire fraud, securities fraud and selling unregistered securities.

EDITOR’S NOTE: The filing by Todd Disner and Dwight Owen Schweitzer to which the PP Blog refers in this story was in response to a May 18 government motion to dismiss a lawsuit filed by Disner and Schweitzer against the United States in the Southern District of Florida or to transfer the case to U.S. District Court for the District of Columbia. The government filed its motions on the same date ASD President Andy Bowdoin pleaded guilty to wire fraud and admitted that ASD was a Ponzi scheme . . .

BULLETIN: In a curious, 23-page narrative, AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer — who went on to become promoters of the Zeek Rewards MLM — have raised the prospect that they could be prosecuted for tax evasion because of the government seizure of ASD’s database in August 2008.

Neither Disner nor Schweitzer referenced Zeek in a filing stamped June 15 and entered today on the docket of U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida. But the filing includes the name of Zeek consultant Keith Laggos, positioning Laggos as an expert on Ponzi schemes who ventured an opinion that ASD was not a Ponzi scheme.

The Disner/Schweitzer filing does not mention that Laggos repeatedly misspelled “Ponzi” as “Ponzie” in his purported expert opinion in the ASD case. Nor does it mention that Laggos was prosecuted by the SEC in a 2004 case that alleged he issued laudatory press releases and a laudatory article for a company that later become the subject of a securities investigation without disclosing he was being compensated for touting the purported opportunity.

Laggos neither admitted nor denied the SEC’s allegations, which involved a company known as Converge Global Inc. and a subsidiary known as TeleWrx Inc. The future Zeek consultant settled the 2004 SEC case by disgorging nearly $12,000, paying interest of nearly $2,000, paying a civil fine of $19,500 and agreeing to a five-year penny-stock ban.

Laggos was permanently enjoined in the case from violating Section 17(b) of the Securities Act, which makes it unlawful to tout a stock without disclosing the nature and substance of any consideration, whether present or future, direct or indirect, received from an issuer, underwriter or dealer.

An image of Laggos now appears in a commercial for Zeek, and a publication owned by Laggos has issued laudatory coverage of the purported MLM opportunity, which plants the seed it provides a return of between 1 percent and 2 percent a day without being a “pyramid scheme” and without constituting an investment opportunity.

It is known that Zeek and ASD had common promoters and that, beginning in about July 2011, some well-known figures in the ASD story began to emerge publicly as Zeek boosters. Among them are former “Surf’s Up” moderator Terralynn Hoy and former ASD pitchman Jerry Napier.

Hoy, who has been listed as a “Zeek” employee and has hosted at least once conference call for Zeek, was a moderator of a defunct ASD cheerleading forum known as “Surf’s Up.” While “Surf’s Up” still was operating, Hoy became a moderator of a forum that led cheers for an autosurf known as AdViewGlobal, which federal prosecutors now say was a fraudulent scheme backed by ASD President Andy Bowdoin. Both Surf’s Up and the AdViewGlobal forum, which also now is defunct, described ASD figure and purported “sovereign citizen” Curtis Richmond as a “hero.”

Richmond has a contempt of court conviction for threatening federal judges and once was sued successfully under the federal racketeering statute for participating in a scheme in which enormous purported judgments were filed against public officials and the officials were threatened with arrest. ASD is known to have had ties to tax deniers and “sovereign citizens.”

Some Zeek promoters also are pushing a purported “opportunity” known as JSS Tripler/JustBeenPaid that may have links to the “sovereign citizens” movement. Frederick Mann, the purported operator of JSS/JBP, does not identify where the purported opportunity operates from and has speculated that the servers of JSS/JBP could be targeted in a “cruise missile” attack by the government.

JSS/JBP advertises a return of 2 percent a day, a percentage that Zeek sometimes says it has matched or exceeded — though Zeek generally stays between 1 percent and 2 percent a day when the purported payout is averaged over a week, Zeek promoters claim.

As a Zeek promoter, Napier was given a puff piece last summer by the purported Zeek opportunity. An individual with the same name appears to have signed a petition in December 2008 calling for the U.S. Senate not to investigate ASD and Bowdoin, but to investigate various federal prosecutors and the U.S. Secret Service agent who brought the ASD Ponzi case in August 2008. The petition showing the name of “Jerry Napier” appears to have been signed by “Jerry Napier” after federal prosecutors brought a second forfeiture case against ASD-related assets on Dec. 19, 2008. As was the case with the August 2008 forfeiture filing by the government, the December 2008 case alleged a Ponzi scheme.

Today’s filing by Disner and Schweitzer advances a theory — even after Bowdoin’s guilty plea to wire fraud last month and public acknowledgment that he presided over a Ponzi scheme — that the government’s Ponzi claims constituted a “house of cards.”

It also plants the seed that prosecutors shopped the ASD case to a “frendly [sic] forum” in the District of Columbia to make it easier for the government to enlist “some of their Washington D.C. operatives to become members of ASD, thereby making them potential witnesses.”

Disner and Schweitzer claim that the seizure of ASD’s database in Florida was unconstitutional because it subjected them to an invasion of privacy and potentially a tax investigation.

“The plaintiffs have alleged that the information taken by the defendant places the plaintiffs in jeopardy of the defendant seeking to prosecute the plaintiffs for tax evasion as a result of the defendant having taken the plaintiffs records which are necessary to enable the plaintiffs to file accurate tax returns for the period covered by those records,” Disner and Schweitzer argued.

And Disner and Schweitzer further ventured (italics added):

As a result of the government’s action, the plaintiffs cannot file accurate tax returns, 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 injuries suffered by the plaintiffs are not hypothetical or conjectural but are both finite and calculable. They have alleged that the actions taken against them were authorized without meeting the constitutionally guaranteed and statutorily increased requirements to establish probable cause and resulted in an illegal search and seizure of their property and effects.

Neither Zeek nor any of its executives or promoters have been accused of wrongdoing. Zeek, though, claimed last month that it was closing two U.S. bank accounts and looking to open an account with a bank it did not name.

Zeek is using offshore payment processors linked to numerous schemes that promote outsize returns. A Zeek auction arm known as Zeekler is auctioning sums of U.S. cash and telling winners it will pay them via offshore processors.

Components of the Zeek scheme are similar to components of the ASD Ponzi scheme.

In 2008, an HYIP scheme known as Legisi resulted in an an SEC civil prosecution. Court papers showed that the U.S. Secret Service and state regulators in Michigan were conducting an undercover probe of Legisi which, like JSS/JBP, sought to make participants affirm they were not government employees.

Like ASD’s Bowdoin, Legisi operator Gregory McKnight pleaded guilty to wire fraud. Records show that a tier of the purported Legisi program offered a daily return that was about one-fourth the daily return Zeek plants the seed can be realized through its purported opportunity.

Although Surf’s Up, which received ASD’s official endorsement as a news outlet with Hoy as a moderator, led cheers for ASD and Bowdoin until the forum mysteriously vanished in January 2010, Hoy appears to believe that Ponzi schemes actually can exist.

SSH2 Acquisitions, a Nevada company that listed Hoy as a director, claimed in 2010 that it had been defrauded in a Ponzi scheme.

Jun 18, 2012
Florida ‘Sovereign Citizen’ (And Former Fugitive) Who Waged Intimidation Campaign Sentenced To 78 Months In Federal Prison; Larry M. Myers Sent ‘Threatening Communications’ And Obstructed Justice

Larry M. Myers, a self-described “sovereign citizen” and fugitive who remained on the lam for 14 years before his August 2011 arrest, has been sentenced to 78 months in federal prison.

Myers, 63, was found guilty by a jury on Valentine’s Day of conspiracy, mailing threatening communications in a bid to extort and obstructing justice.

In March, the office of the Treasury Inspector General For Tax Administration (TIGTA) described Myers as member of a bogus entity known as “The Constitutional Court of We The People In and For The United States of America.”

The entity also was known as the “Constitutional Common Law Court” and “The Supreme Court of the Constitutional Court of We the People — In and For the united [sic] States of America.”

Known informally as CLC, the confabulations were “pseudo-judicial, non-governmental, and unofficial enterprise[s], created and established in 1992 in Tampa, Florida,” TIGTA said.

“Myers and his co-conspirators mailed a CLC arrest warrant to a Chief Judge of a Florida State court,” TIGTA said. “They also issued a CLC contempt of court order and ‘militia’ arrest warrant to a District Judge. By use of threats and threatening communications, Myers and co-conspirators attempted to influence, intimidate, obstruct, and impede jurors and officers in and of the Courts of the United States. For instance, they endeavored to intimidate a jury panel with a CLC ‘contempt of court order,’ in which they threatened arrest by ‘militia’ for alleged acts of treason.”

The office of U.S. Attorney Robert E. O’Neill of the Middle District of Florida described Myers as president of the so-called “Pinellas Patriots” in the Tampa region.

“He claimed that he was not a citizen of the United States, but a so-called sovereign citizen who was not subject to U.S. statutory laws,” O’Neill’s office said. “Myers participated in a sham ‘Common Law Court’ in a number of capacities, including as a ‘judge’ and a ‘militia enforcement officer.’ Between March 1994 and March 1996, Myers participated in a conspiracy with others, to obstruct justice by conveying threatening communications to state and federal judges, petit and grand jurors, and others, in order to obtain federal rulings in criminal cases, dismissals of indictments and release from incarceration for individuals who had been lawfully convicted.”

U.S. District Judge Steven D. Merryday ordered the 78-month sentence.

TIGTA and the FBI led the probe.

Curtis Richmond, a mainstay in the AdSurfDaily Ponzi scheme story, was a member of a similar sham entity in Utah.

A website linked to an emerging HYIP known as JSS Tripler/JustBeenPaid has showcased videos of purported Alaska “sovereign citizen” and “militia” leader Francis Schaeffer Cox. Cox and others are on trial amid allegations they hatched a plot against government officials.

Cox allegedly participated in a so-called common-law court that operated at a Denny’s Restaurant.

The sham entity with which Richmond was associated was known derisively as the “Arby’s Indians” because it once held a meeting at an Arby’s restaurant in Utah. Richmond was sued successfully under the federal RICO statute, and once was found guilty of contempt in California for threatening federal judges.

In a Utah case involving Richmond, a bogus lien for $250 million was placed against a county attorney and a false claim for $300,000 was made against a Family Services worker in the state. The bogus “tribe” conducted a “Supreme Court” that used the address of a Utah doughnut shop and also relied on a bogus “arbitration” panel to make mischief in the state.

Richmond repeatedly sought to intervene in the ASD case, at one time accusing the judge overseeing the case of “treason” and suggesting she and federal prosecutors were guilty of dozens of felonies.

Richmond’s theory of the ASD case was that the government was guilty of interfering in commerce. The U.S. Secret Service described ASD as an international Ponzi scheme that had gathered at least $110 million from the small town of Quincy in northern Florida.

Kenneth Wayne Leaming, another ASD story mainstay and purported “sovereign citizen,” is jailed near Seattle on charges of filing bogus liens against at least five public officials involved in the ASD case.

May 16, 2012