The Sarasota Herald-Tribune is reporting that Ponzi swinder Beau Diamond has been sentenced to 186 months in federal prison.
Sentencing court was conducted this morning.
The Diamond case is among a number of complex Ponzi or fraud-scheme investigations undertaken by federal prosecutors and investigators in the Middle District of Florida.
EDITOR’S NOTE: Content from an email referenced in the story below has not been edited by the PP Blog for spelling, punctuation, grammar or clarity.
Some AdSurfDaily members have received a disturbing email that accuses them of selling their souls and destroying lives by participating in the government-approved remissions program designed to mitigate their losses, the PP Blog has learned.
The author of the email is unclear.
It is possible, however, that the email rant originated with a member of the AdViewGlobal (AVG) autosurf, which had members and promoters in common with ASD and crashed and burned in June 2009. An email address under which the rant against ASD members appeared included the apparent abbreviations “fms” and “avg” as part of the address in this format: fms.avg@
Even so, it was unclear if the person who used the address was the author of the rant, which was unsigned and appears to have been forwarded to multiple ASD members. The rant makes the claim that ASD never sold an “investment” product and that the company was an “online advertising system.”
ASD President Andy Bowdoin was indicted earlier this month. Federal prosecutors described ASD as a wink-nod investment business through which Bowdoin sold unregistered securities as investment contracts by calling member payouts “rebates” to avoid regulatory scrutiny.
AVG, which launched in the aftermath of the seizure of tens of millions of dollars from Bowdoin in 2008, advertised 200 percent “bonuses” for months. The surf announced it was suspending payouts in June 2009. Just days later, AVG’s name was cited in a racketeering lawsuit filed against Bowdoin by ASD members.
The rant surfaced yesterday, in advance of a purported phone conference to be held by Sheldon Drobny of AnShell Financial Services at 9 p.m. (ET) today. Drobny, whose company is not the official ASD claims administrator, says he can assist in helping ASD members file claims forms with Rust Consulting Inc., the official administrator, and help them recover money.
Apparently unhappy that ASD members even would think about filing claims, the author of the email rant wrote that participants who filed a claim would be signing their “morals and soul away” and supporting “innocent peoples lives being destroyed.”
The email claimed that a “back lash” would occur against any ASD member who participated in the claims program. The author did not say who would carry out the purported backlash and what it would entail.
“Again, if you continue to pass on and support meaningless calls like this and help people build their belief the actions done to ASD were right and the claim form is asking you the appropriate questions and truly believe it was an invstment you made and your friends and family referred you to a securities investment then by all means fill out the scandalist claim form,” the author wrote. “Just be prepared for the back lash and consequences to come.”
Persons who agreed with the government’s contention that ASD scammed investors “should hide under a rock and stay their,” according to the rant.
Some ASD victims are believed to have lost tens of thousands of dollars in the alleged, $110 million Ponzi scheme. Regardless, the rant implied that there are no victims and that ASD members who filed claims did so at the cost of the “sacrafice of other decent human beings such as your family and friends.”
EDITOR’S NOTE: If you’ve been following the odd developments and conspiracy theories associated with the AdSurfDaily and Gold Quest International cases, we recommend you read this August 2010 report (see link below) by the Anti-Defamation League. The report notes various threats made against law enforcement, along with frauds and scams linked to the so called “Sovereign Citizen Movement.”
Both ASD and GQI are known to have so-called “sovereigns” among their membership ranks. Bizarre court pleadings have surfaced in both cases.
The ADL report specifically references Michael Howard Reed, shown in records to have been a harassing presence in the GQI Ponzi case brought by the SEC in May 2008. On Friday, federal prosecutors filed a forfeiture complaint that alleged ASD had a tie to E-Bullion, a shuttered digital-currency business. Other records show E-Bullion also had a tie to GQI.
Friday’s filing marked the first time that E-Bullion’s name had surfaced in the ASD case. The reference is important because E-Bullion now has been linked to multiple alleged fraud schemes. E-Bullion founder James Fayed was charged in California in 2008 with operating an unlicensed money-transmitting business. He also was charged with murdering his estranged wife, who sought to cooperate with prosecutors in the E-Bullion investigation.
Among the calling cards of the sovereign movement are bizarre court pleadings and vexatious litigation described as “paper terrorism.” The so-called sovereigns have sought to derail investigations and hamstring investigators and public officials by making them parties to lawsuits or subjecting them to threats of litigation or the filing of bogus liens against personal property, ADL reports.
Bogus liens filed against public servants in the performance of their duties is a “major problem,” ADL says.
One such lien even was filed against former President Bill Clinton, ADL reports.
“Many sovereign citizens have engaged in a variety of scams and frauds, some of them raking in millions of dollars, while countless more sovereign citizens have engaged in acts of harassment, retaliation, and intimidation against public officials, law enforcement officers, and private citizens,” ADL says.
“As it evolved, the sovereign citizen movement developed an ideology centered on a massive conspiracy theory,” ADL says. “Though different sovereign theorists all have their own varying versions of this conspiracy, including exactly when it started and how it manifested itself, the theories all share the belief that many years ago an insidious conspiracy infiltrated the U.S. government and subverted it, slowly replacing parts of the original, legitimate government (often referred to by sovereigns as the ‘de jure’ government) with an illegitimate, tyrannical government (the ‘de facto’ government).
“As a result, sovereign citizens believe that today there are really two governments: the ‘illegitimate’ government that everyone else thinks is genuine and the original government that existed before the conspiracy allegedly infiltrated it.”
An AdSurfDaily promoter whose cash was seized in February 2009 and now has been targeted for forfeiture funded one of her three ASD accounts in part with a transfer from E-Bullion, a shuttered payment processor whose founder was charged in 2008 with operating an unlicensed money-transmitting business and hiring a hit man to kill his estranged wife, according to records.
The E-Bullion allegation raises troubling new questions about the sinister worlds of autosurfs and HYIPs, how ASD and its members were exchanging money and whether ASD and top promoters were employing secret conduits. In 2008, prosecutors asserted ASD had a relationship with E-Gold, a payment processor accused in 2007 of money-laundering. Yesterday’s assertion that ASD also had a relationship with E-Bullion marked the first time that prosecutors have raised E-Bullion’s name in the ASD case.
Erma Seabaugh, known among ASD members as the “Web Room Lady,” used E-Bullion in November 2007 to transfer $10,510 to ASD, according to a forfeiture complaint filed yesterday.
SCREEN SHOT: Federal prosecutors asserted yesterday that ASD member Erma Seabaugh funded one of her ASD accounts by transferring $10,510 from E-Bullion.
E-Bullion founder James Fayed was jailed in California in August 2008, the same month as the seizure of tens of millions of dollars from ASD and nine months after the firm was used to transfer money to ASD, according to records. He initially was charged in an indictment unsealed in August 2008 by federal prosecutors with operating an unlicensed money-transmitting business that had processed more than $20 million in Ponzi scheme payments. The scope of E-Bullion’s alleged Ponzi business is unclear, but the company now has been linked to at least three alleged Ponzi schemes.
In September 2008, Fayed was charged by the Los Angeles District Attorney’s office with the July 2008 murder of his wife, Pamela Fayed.
In June 2008, a month before she was killed in a California parking garage by a man who allegedly had accepted $25,000 from James Fayed to carry out the plot, Pamela Fayed had informed federal prosecutors in California that she wished to cooperate in the investigation of E-Bullion, according to records. E-Bullion is referenced in court files as a payment processor used by Gold Quest International (GQI), an alleged Ponzi scheme operating in Las Vegas that was charged by the SEC in May 2008 and also was charged by Canadian regulators.
A total of four people, including James Fayed, now have been charged in the murder plot. As with many things in the miserable worlds of HYIPs and autosurfs, the prosecution of GQI by the SEC turned into Theatre of the Absurd.
GQI, accused in May 2008 by the SEC in a $29 million Ponzi case, sought to derail the case by filing a lawsuit for $1.7 trillion against the agency. Company officials absurdly asserted that GQI was immune to U.S. law because its Las Vegas operations enjoyed purported sovereignty that was portable from an “Indian” tribe in North Dakota and that GQI also was off-limits to prosecution in the United States because it was registered in Panama.
Chillingly, E-Bullion also is referenced in documents filed by the Ontario Securities Commission in a case against Ponzi swindler Brian David Anderson, a former Christian clergyman from Vancouver, British Columbia. Anderson was sentenced to prison in the United States earlier this year for his role in a Ponzi scheme known as Frontier Assets.
Anderson also was linked to a mysterious scheme known as the “Alpha Project.” U.S. and Canadian investigators also identified Anderson as a pitchman for an international HYIP known as Flat Electronic Data Interchange (FEDI). FEDI’s operator, Abdul Tawala Ibn Ali Alishtari, also known as Michael Mixon, was convicted in September 2009 of financing terror and fleecing investors in the FEDI scheme.
In addition to the ASD account funded by the E-Bullion transfer, Seabaugh had at least two other ASD accounts, prosecutors charged in the forfeiture complaint. She used one of her accounts to advertise a mysterious business known as StreamlineGold, which was described by investigators as a probable “pyramid scheme dealing with the sale of memberships that are sold to customers.”
The account through which Seabaugh promoted StreamlineGold was funded by a transfer from La Fuente Dinero, yet-another Ponzi scheme associated with ASD, prosecutors said.
StreamlineGold’s website now throws an error message, but web records show it was promoted on the MoneyMakerGroup and TalkGold forums, two websites that are associated with Ponzi schemes and referenced in federal court records as a place from which the alleged Pathway To Prosperity Ponzi scheme was promoted.
“StreamLine Gold is literally what it says,” a poster crowed on the MoneyMakerGroup Ponzi site in November 2007, the same month Seabaugh allegedly was promoting the same scheme through ASD. “[I]t can provide you with an unlimited income through the combination of Precious Metals and Cash with a business model whose time has come PLUS the most advanced and lucrative pay plan ever devised.”
Records suggest StreamlineGold had failed in an earlier iteration — and then failed again after rebirthing itself.
BULLETIN:UPDATED 6:27 A.M. ET (U.S.A., DEC. 18) The U.S. Secret Service and federal prosecutors have seized nearly $250,000 from two alleged ASD promoters and filed a new forfeiture complaint dated today.
More than $153,000 has been seized from a bank account controlled by ASD promoter Erma Seabaugh, known as the “Web Room Lady.” Seabaugh was a purported ASD “trainer,” prosecutors said.
She was accused in the complaint of accepting checks made out to ASD, depositing them into her bank account and transferring “ad packs” to her downline by using ASD’s internal system.
Meanwhile, more than $96,000 has been seized from bank accounts controlled by ASD member Robyn Lynn Stevenson, who operated a company known as Robyn Lynn LLC and worked briefly for ASD itself, prosecutors said.
At the same time, investigators seized nearly $500,000 from a bank account once controlled by ASD President Andy Bowdoin and nearly $50,000 from an account controlled by Golden Panda Ad Builder President Clarence Busby.
Busby, prosecutors said, already has ceded the money to the government. The money was ceded in September 2008, about two months after an undercover agent had been invited by an ASD member to listen to Busby talk in July 2008, as Golden Panda was ramping up for its formal launch.
The additional sum of nearly $500,000 ($496,505) seized from Bowdoin was a balance left in an account that once contained more than $31.6 million, prosecutors said. The lion’s share of the money in the account already has been declared forfeited, but agents worked out an agreement with Bank of America to permit about $500,000 to remain in the account on the date of the Aug. 1, 2008, seizure of Bowdoin’s assets.
The buffer was necessary to permit checks already drawn on the account prior to the effective date of the seizure warrant to clear, prosecutors said.
All in all, the forfeiture complaint filed today targeted $794,718 in illegal ASD proceeds, prosecutors said.
The seizure of cash tied to Seabaugh and Stevenson traced its roots to the opening days of 2009, months after the seizure of the lion’s share of money from Bowdoin’s bank accounts, according to the complaint.
On Feb. 26, 2009, U.S. District Judge Rosemary Collyer authorized the seizure of “up to” $213,693 in the name of “Carpe Diem or Erma Seabaugh,” prosecutors said. The seizure occurred one day after Bowdoin had signed a document in which he sought to reverse an earlier decision he made to submit to the forfeiture of tens of millions of dollars in his bank accounts, records show.
When the Secret Service executed the warrant to seize the money from Seabaugh, only $153,097 was found in the account, according to the complaint.
Between July 15 and July 30, 2008 — effectively the two week period leading up to the ASD seizure — Seabaugh received nine ASD checks totaling $203,993, prosecutors said.
On July 25, 2008, just days before the seizure of Bowdoin’s bank accounts, Seabaugh deposited into her bank account seven checks made out to ASD totaling $9,700 prosecutors said.
The checks came from “third parties,” and Seabaugh transferred a corresponding number of “ad packs” to the buyers by using ASD’s internal system, prosecutors said.
“Based on these facts, it appears Ms. Seabaugh was selling her own investment ‘ad packs’ to clients and representing herself as ASD,” prosecutors said.
Seabaugh had at least three ASD accounts and appeared to be using ASD’s “advertising” rotator to sell other pyramid schemes, prosecutors said. All three of the accounts used a form of the “Carpe Diem” name, according to the complaint.
One of Seabaugh’s ASD accounts was opened with a transfer of “ad packs” from La Fuente Dinero, yet-another autosurf scheme tied to ASD, prosecutors said.
Noting that Seabaugh deposited no “new money” into the account, prosecutors said she withdrew $83,994 from the account via checks from ASD.
Seabaugh recruited 48 ASD members, according to the complaint. She withdrew an additional $107,997 from another ASD account.
Stevenson, meanwhile, made only one deposit with ASD — for $500 — and yet received $96,525, prosecutors said. The withdrawals came in the form of 17 checks issued by ASD between July 10 and July 25, 2008, just days before the seizure of ASD’s assets, according to records.
The checks were deposited into two bank accounts that Stevenson opened July 31, 2008, one day before the seizure of Bowdoin’s bank accounts, according to records.
Separately, Bowdoin pleaded not guilty today to criminal charges filed against him in U.S. District Court for the District of Columbia. Prosecutors said he was at the helm of a massive Ponzi scheme that gathered at least $110 million.
First, don’t be confused. Rust Consulting Inc. is the official claims administrator under contract with the U.S. government to handle claims from victims of the alleged AdSurfDaily Ponzi scheme. ASD also is known as ASD Cash Generator.
See this document at Justia.com. It is signed by Ronald C. Machen Jr., the U.S. Attorney for the District of Columbia, and appears on the court docket of U.S. District Judge Rosemary Collyer. The document lists the URL for the official claims site: http://www.adsurfdailyremission.com
Today a highly confusing report appeared on RipoffReport.com suggesting that, not only was ASD a ripoff, but so is the claims program. The PP Blog became aware of the report after receiving a message from Google Alerts, which the Blog uses to track mentions of ASD Cash Generator across the web.
The PP Blog sought to contact Rust about the Ripoff Report, but it was past business hours. The Blog left a detailed message for the firm.
Here is the headline of the Ripoff Report: “Asd cash generator ad Surf daily remission administrator Beware…scam, Internet . . .”
Meanwhile, the report says this, “do not reply to remission forms that says from secret services asking for your bank account and social security number informations. secret services do not send out such forms asking specific account numbers. and secret services do not use post office box numbers address.”
At the same time, the report urges readers to “report your forms to your better business bureau.”
Other mistakes dot the Ripoff Report — for example, the Minnesota address of the claims administrator is listed as the address for ASD and the URL for the official claims site is incorrect.
The U.S. Secret Service conducted the ASD investigation. Rust, the government-approved claims administrator, is using a Post Office Box to receive completed claims forms. The company specifically informs ASD members on the remissions site that it is asking victims to provide bank-account information so they can receive restitution by electronic deposit.
“Payment will be disbursed by electronic funds transfer after all Remission Forms are decided,” the company notes on the website. “Therefore it is necessary to ensure that the section requiring your banking information is completed in full on the Remission Form in order to receive a remission payment.”
The official remissions form also asks for a Social Security number or Employer Identification Number (EIN).
Why a poster on RipoffReport.com appeared to imply that the “secret services” did not authorize the information to be gathered was unclear. The U.S. Secret Service has the duty of assisting the U.S. Department of Justice in reviewing the claims.
The ASD case has been marked by one bizarre event after another. In recent weeks, some ASD members have tried to confuse others about the remissions process.
ASD President Andy Bowdoin, who was indicted on felony charges earlier this month, is scheduled to make his first court appearance in the District of Columbia tomorrow.
The Commodity Futures Trading Commission has gone to federal court in California to halt a precious-metals and options scheme operated by a man who claimed to have the same award for business achievement as AdSurfDaily President Andy Bowdoin, according to web listings.
Like Bowdoin, the head of Florida-based AdSurfDaily, Ryan A. Nassbridges of Laguna Niguel, Calif., claimed to possess an important award known as the Congressional Medal of Distinction, according to a website that bears his name and is registered in his wife’s name.
Also like Bowdoin, Nassbridges now has been charged in a massive fraud scheme. The CFTC said today that Nassbridges, who once was known as Ryan Nasserabadi, was operating a “precious metals futures and options fraud” that gathered $5.5 million from at least 80 customers.
He also was accused of lying to investigators about the scheme.
Also charged were Nassbridges-affiliated companies known as American Bullion Exchange (ABEX Corp.) and American Bullion Exchange LLC (ABEX LLC).
Other web listings suggest Nassbridges was referred to by multiple names online. While one site refers to him as Ryan A. Nassbridges, another refers to him as both Ryan A. Bridges and Ryan N. Bridges. The site that uses the Ryan A. Bridges and Ryan N. Bridges names is registered behind a proxy, meaning the owner of the domain is unclear. Curiously, documents on the domain list the name of Ryan A. Nassbridges.
Equally curiously, the entire left sidebar of both websites stream images of the awards purportedly received by Ryan A. Nassbridges.
It was not immediately clear if Nassbridges operates the sites and why the sites used different names.
Both sites tout the Congressional Medal of Distinction and include photographs of Nassbridges posing with prominent Republican politicians, including former President George W. Bush. Whether the photos were authentic was not immediately clear.
One thing that is clear is that the medal now has been linked to at least two alleged Ponzi schemes and that both alleged schemes have traded on the name of the President of the United States.
In the ASD case, the medal was described as a marketing memento for making campaign contributions to the National Republican Congressional Committee. Bowdoin was accused earlier this month of using Ponzi proceeds to make the donations and not correcting the record when affiliates told prospects he had received an important award from the President of the United States.
The websites that use the one or more forms of the Nassbridges’ name claim that he received the medal for his “contribution toward the passage of the tax cut.”
CFTC did not reference the medal in its allegations against Nassbridges, saying only that he used participants’ funds to make “political contributions” of an unspecified amount.
He also used about $586,100 to make mortgage payments, $305,000 to make credit-card payments, $90,100 to make car payments and $157,700 for cash withdrawals, CFTC charged.
Some investors received Ponzi-like payments, CFTC charged. It added that investors did not know that Nassbridges and the companies were trading commodity futures and options while “sustaining significant trading losses.”
Investors believed they were trading in precious metals, including gold, palladium, platinum, silver bullion and gold and silver coins, CFTC said, noting that the alleged scheme was advertised on Fox, MSNBC and Home and Garden Television.
The complaint described an operation by which “account representatives” were required to make a minimum of 350 “prospecting calls” per day.
The websites tout Nassbridges as the “2005 Businessman of Year” and the recipient of the “Presidential Certificate of Merit Signed by the President of United States of America.”
“[H]e is among those few who are Awarded with the ‘Eisenhower Commission’ Signed and presented by 3 former President’s (sic) of United States of America for helping the USA Small Business Organization and talented entrepreneurs create jobs for the American working class,” according to the websites.
His wife, Bita Nassbridges, who was named a relief defendant by CFTC for allegedly receiving ill-gotten gains from the scheme, is referred to as “Mrs. Bridges” on one of the sites and “Mrs. Nassbridges” on the other. The couple is pictured in poses with Republicans Bush, former New York Mayor Rudy Guiliani and Sen. John Thune.
NOTE TO READERS: The PP Blog anticipates that it will publish a story this evening that will say a second financial scandal involving the so-called “Congressional Medal Of Distinction” is evolving.
It is the same award claimed by AdSurfDaily President Andy Bowdoin — and this time it has been used by a California man accused of swindling investors. The man appears to have used as many as three names and has had his picture taken with some of America’s top politicians.
In a case that features elements remarkably similar to the AdSurfDaily litigation, a federal judge in South Carolina has sentenced three defendants in the “3 Hebrew Boys” fraud case to a combined total of 84 years in prison.
Joseph Brunson, Tim McQueen and Tony Pough were jailed immediately after their convictions a year ago in an $82 million, foreign-currency fraud and Ponzi scheme case that traded on religion. The men, who called their business a debt-relief ministry, accused former U.S. Attorney Walt Wilkens of “treason” last year and of committing acts of war against them.
The sentencing occurred today, with U.S. District Judge Margaret Seymour giving Pough 30 years and Brunson and McQueen 27 years each. The office of U.S. Attorney William N. Nettles of the District of South Carolina did not immediately return a call from the PP Blog for comment. The Associated Press first reported on the lengths of the sentences tonight, noting that the terms were “so harsh in part because the judge found they tried to obstruct justice at every turn.”
Brunson, McQueen and Pough became known as “3 Hebrew Boys” after operating a website with the same name, which is based on a biblical story of believers who escaped a furnace by relying on their faith. The Ponzi scheme operated under the name Capital Consortium Group LLC.
In 2007, the men filed a court document that described their investment program as an effort to free people from government “bondage” and referred to the investigation as “Satan’s handiwork.”
A year later, in 2008, AdSurfDaily President Andy Bowdoin described the case against his purported Florida “advertising” firm as the work of “Satan,” comparing it to the 9/11 terrorist attacks.
Bowdoin, 76, was indicted earlier this month on Ponzi scheme charges.
The 3 Hebrew Boys’ operation sought to chill law enforcement, regulators and members of the media from scrutinizing operations, prosecutors said.
In an approach similar to one used by the AdViewGlobal (AVG) autosurf, members were forced to agree to a confidentially clause that purportedly prohibited them from discussing the company outside the confines of meeting places. Participants were threatened with a $1 million penalty for sharing information.
A court-appointed receiver published documents that listed an astonishing array of luxury purchases made by the 3 Hebrew Boys schemers with investors’ money. Among the items were a Gulf Stream jet, a Prevost Motorcoach and automobiles with famous names such as Mercedes, Lexus, BMW, Saab, Cadillac and Lincoln.
In the “3 Hebrew Boys” case, Brunson filed documents that appear to have asserted immunity from prosecution on the grounds of purported sovereignty. The documents appear to have been designed to force Wilkens, then the U.S. Attorney, to default on a contact to which he never had agreed. The approach sometimes is referred to as “paper terrorism” or “mailbox arbitration.”
A similar approach has been used by litigants in the ASD case.
Screen shot: Joseph Brunson declared last year that then-U.S. Attorney Walt Wilkens was guilty of treason, insurrection and conspiracy to overthow the U.S. government in his efforts to prosecute Brunson.
Brunson wrote in a court filing he described as a “Bill of Peace” that Wilkens had a duty to appear before a notary public and acknowledge Brunson’s assertion of sovereignty in “red ink.” The document demanded that Wilkens use his “Christian name” in his response to Brunson.
A refusal by Wilkens to carry out the demands within three days, Brunson said, would result in a contractual agreement that Wilkens was “an enemy of One and the [U]nited States of America and the people, Constitution, and Government thereof.”
A surf firm with membership and promoters’ ties to AdSurfDaily may be disintegrating — but is still encouraging participants to send in money, a member said.
“[T]he earnings/payouts nearly [stopped] but of course we were ‘encouraged’ to continue making purchases so that our earnings/payouts could continue as before,” the member said of the surf, which is known as AdPayDaily (APD).
The PP Blog reported in June that members of the pro-ASD Surf’s Up forum were listed as having high positions in APD.
APD’s website was registered on Nov. 18, 2008. That’s just one day before U.S. District Judge Rosemary Collyer ruled that ASD had not demonstrated it was a lawful business and not a Ponzi scheme. APD’s domain-registration date also coincides with a string of registration dates by the so-called ASD clones, including AVG, AdGateWorld and BizAdSplash — all of whose domains were registered after the seizure of ASD’s assets in August 2008 and all of which eventually went missing.
“I feel like we are being strung along to keep on paying in,” an APD member told the PP Blog.
ASD President Andy Bowdoin was arrested last week on charges of wire fraud, securities fraud and selling unregistered securities. Like Bowdoin, APD urged members to keep their faith in the enterprise.
Also like ASD, APD told members in a recent email that it was experiencing “tech issues.”
“Just a note to let everyone know that we’re still working on tech issues in with the Administrative section of our website,” APD wrote last month. “If you have continued to surf you know that the daily payouts are minimal at best and that probably won’t change until we secure the necessary funding.
“In the meantime we’re still working to resolve all issues and we are extremely hopeful that we’ll have everything in order by years end,” the company said. “We will keep you posted with our progress.”
As AdSurfDaily President Andy Bowdoin was explaining to a federal magistrate judge in Florida Wednesday that he’d honestly come by $110 million the government intends to make subject to criminal forfeiture, two other ASD figures were awaiting a ruling by a judge in another venue on whether they could proceed with their bizarre, ASD-connected lawsuit against the U.S. government.
One of the men, Kenneth Wayne Leaming of Spanaway, Wash., described himself in court documents as a “sovereign man.” Records in Washington state show that he once filed a lien against a faith-based Franciscan hospital for $9.24 billion, threatening to attach the money, furnishings and fixtures of the healthcare facility, which serves tens of thousands of patients.
Leaming, who also has a history of filing liens against public officials, has been assessed sanctions totaling at least $15,000 in Washington state for filing bogus claims, according to records. He also has been accused of the unauthorized practice of law.
Leaming and Christian Oesch filed a complaint against the United States in July 2010. The lawsuit, which was filed in the U.S. Court of Federal Claims, appears to be tied to an earlier failed bid by Leaming and Oesch to demand a payment for the astronomical sum of $29 TRILLION from a federal judge, three federal prosecutors and a U.S. Secret Service agent for their actions in the ASD civil-forfeiture cases filed in U.S. District Court for the District of Columbia in 2008.
At a bail hearing Wednesday in Florida after Bowdoin was arrested on federal charges of wire fraud and securities fraud for his operation of ASD, U.S. Magistrate Judge Thomas G. Wilson specifically ordered Bowdoin not to intimidate witnesses, jurors and officers of the court — and not to obstruct the investigation, tamper with witnesses or engage in retaliatory actions against witnesses, victims or informants.
As a condition of bail, Bowdoin was ordered not to commit a federal, state or local crime. Wilson warned him that he could be prosecuted for contempt of court for violating the conditions of his bail.
Bowdoin, 76, was granted bail after he told Wilson that he had a heart condition, diabetes and high blood pressure — and that he gives his wife medication because she has a brain tumor. He noted that he looked forward to going on trial in Washington, D.C., on the charges for which he was arrested on Wednesday, and had lined up experts to testify on his behalf.
Prosecutors argued that Bowdoin should be jailed, saying he was a flight risk, has ties to international countries, potentially could acquire false travel documents and has a large amount of money available to relocate.
Wilson set bail at $350,000. Bowdoin was freed after bail was secured by two properties in his wife’s name and a relative agreed to post a surety bond. Bowdoin was ordered to surrender his passport and not to travel outside the Northern and Middle Districts of Florida and the District of Columbia. He was further ordered to report by telephone to the federal Pre-Trial Services Agency in Tampa each Wednesday by 4 p.m., except for when he is attending court in the District of Columbia.
His first appearance in Washington is set for Dec. 17 at 1:45 p.m.
In June 2010, the PP Blog learned yesterday, Leaming and Oesch prepared documents that demanded payments totaling more than $29 TRILLION from U.S. District Judge Rosemary Collyer; Jeffrey A Taylor, the former U.S. Attorney for the District of Columbia; Vasu B Muthyala, an assistant U.S. Attorney; William Cowden, a former assistant U.S. Attorney and Roy Dotson, an active-duty agent with the U.S. Secret Service.
According to a document obtained by the Blog, the public officials were sent “invoice billing statements” for the purported debt.
Collyer, the presiding judge in the ASD forfeiture cases, had issued two final orders of forfeiture earlier this year. She later blocked Leaming and Oesch from filing documents in the ASD case.
Collyer’s name was misspelled as “Collier” in the payment demand, which was made in the form of a “Notice of Final Determination and Judgment.” The bizarre document sought a sum that would more than double the U.S. Gross Domestic Product in 2009. The precise sum demanded from the public officials was twenty-nine trillion, four-hundred-forty-four billion, one-hundred-one-million dollars — “PLUS interest and compounded penalties.”
Gross Domestic Product, or GDP, is the monetary value of all the finished goods and services produced within the borders of an entire country during an entire year. GDP for the United States in 2009 was about $14.25 trillion, meaning that Leaming and Oesch sought to collect from five public servants a sum that was more than twice the production output of the entire U.S. economy last year.
Leaming and Oesch said they defined $1 as “one ounce of .999 fine silver, or a pre-1964 United States Silver Dollar, whichever value is greater.”
In 2009, silver production in the United States totaled only 1,230 tons with an estimated value of $520 million, according to the U.S. Geological Survey.
The men said they’d accept U.S. “fiat currency” for payment if it was tied to the “spot price for silver as established on the date of tender at London, England.”
When the public officials did not cede to the payment demand, Leaming and Oesch appear to have turned to the U.S. Court of Federal Claims to enforce it, in effect arguing that Collyer, Taylor, Muthyala, Cowden and Dotson had defaulted on a contract.
Such scorched-earth litigation has been referred to as “paper terrorism.” As part of the apparent strategy, Leaming and Oesch also sought to force the government to post a bond of $100 billion and to “Cease and desist in all investigation and harassment of ASD, its officers and staff, and its member/distributors FOREVER.”
The U.S. Department of Justice responded by filing a motion to dismiss the complaint filed by Leaming and Oesch in the U.S. Court of Federal Claims, arguing that the court had no jurisdiction over ASD-connected forfeiture matters, that Leaming and Oesch were trying to use the claims court as an appeals court and that neither man had standing in the forfeiture actions.
The Justice Department pointed out that Leaming is not a licensed attorney and had been accused in 2005 by the Washington state Law Practice Board of engaging in the unauthorized practice of law.
In 2009, Leaming filed a lien against St. Clare Hospital, a Franciscan facility in Lakewood, Wash., for more than $9.24 billion. The lien sought to attach the hospital’s money, furnishings and fixtures, according to records.
The Sarasota Herald-Tribune is reporting that Ponzi swinder Beau Diamond has been sentenced to 186 months in federal prison.
