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Tag: Kenneth Wayne Leaming

  • BULLETIN: Already Under Scrutiny, JSS Tripler/JustBeenPaid May Be Using ‘Regional Reps’ To Increase Ponzi Reach Over National Borders

    Redacted screen shot of "regional representatives" claim today on the website of JSS Tripler/JustBeenPaid.

    BULLETIN: The PP Blog has learned that JSS Tripler/JustBeenPaid is publishing a page in which it advertises the availability of “regional representatives” in various parts of the world, including Italy.

    On Jan. 23, CONSOB, the Italian securities regulator, took action against certain JSS Tripler/JustBeenPaid affiliaties. Despite the CONSOB action, JSS Tripler/JustBeenPaid is openly advertising that it has at least two affiliates who speak Italian and that the affiliates are available to “assist you with ALL aspects of the program IN YOUR LANGUAGE.”

    The page also touts the native-language talents of JSS Tripler/JustBeenPaid affiliates to assist members in Hong Hong, Taiwan, Belgium, Canada, Ireland, the United Kingdom, the United States (to assist people who speak English or Japanese), Germany, Lithuania, Indonesia, Malaysia, Mongolia, Poland, Portugal, Latvia, France, Chile, the Dominican Republic, Ecuador and Spain.

    JSS Tripler/JustBeenPaid described its outreach via regional reps as “AMAZING!”

    “The people on this page have been thoroughly trained in all the workings of JustBeenPaid’s programs, and are happy to assist you TODAY!” the murky entity crowed.

    In a Feb. 23 conference call, Frederick Mann, the purported operator of JSS Tripler/JustBeenPaid, declined to say precisely where the “opportunity” itself was located.

    JSS Tripler/JustBeenPaid, Mann asserted to an audience of Americans and at least one person who claimed to be a resident of Canada, was “not located in any specific part of the world.

    “We’re all over the planet,” he said, speaking with an English accent that appeared to be native to South Africa.

    The assertion led to questions about whether Mann was running the “program” in a fashion reminiscent of a sort of small-scale Bank of Credit and Commerce International (BCCI). BCCI deliberately structured itself in murky fashion to ward off oversight by regulators. Its collapse created one of the great business scandals of the 1990s, prompting the Wall Street Journal (Europe) to observe that BCCI had been set up to be “offshore everywhere.”

    BCCI’s collapse also triggered Congressional probes in the United States, along with both civil and criminal prosecutions.

    The CONSOB probe in Italy, which the agency announced nearly six weeks ago, was not referenced on the “representatives” page on the JSS Tripler/JustBeenPaid website.

    Incongruously, the “representatives” page included a link to an “agreement” page in which JSS Tripler/JustBeenPaid registrants and/or prospects were informed they must affirm “that I am not an employee or official of any government agency, nor am I acting on behalf of or collecting information for or on behalf of any government agency.”

    Moreover, the registrants and/or prospects were informed they must affirm “that I am not an employee, by contract or otherwise, of any media or research company, and I am not reading any of the JBP pages in order to collect information for someone else.”

    The collapsed Legis HYIP published similar terms. (More on the Legisi prosecution below.)

    How long the JSS Tripler/JustBeenPaid regional reps have been in place was not immediately clear. Also unclear was whether each of the reps had a physical presence in the respective countries or were using the Internet to reach over borders and perform customer service and recruit downlines in the respective nations.

    The U.S. government and other governments of the world have become increasingly concerned about cross-border fraud. Yesterday, U.S. Attorney General Eric Holder and Janet Napolitano, the secretary of the U.S. Department of Homeland Security, met with top officials in Canada to discuss the problem.

    Perhaps aghast over JSS Tripler/JustBeenPaid developments, a poster on the MoneyMakerGroup Ponzi forum declared today that having regional reps for JSS Tripler/JustBeenPaid is an “insane idea.”

    “Forget about the matrix spots and payouts,” the MoneyMakerGroup poster wrote today. “[W]hy is 200,000 + members not enough and why arent (sic) we off the radar and private and not opening ourselves up to potential problems ? Regional reps is an insane idea, Im (sic) sorry but the admin needs to protect us and wakeup (sic) to the reality that you cant (sic) get this huge and expect nothing bad to happen.”

    The poster did not explain his apparent belief that JSS Tripler/JustBeenPaid had a duty to go “private” and to get “off the radar” of regulators. Nor did he say precisely what constituted something “bad.”

    HYIPs have been the subject of both civil and criminal litigation in various jurisdictions.

    It is common for HYIP purveyors to tout purported “offshore” operating venues and to claim such venues insulate an “opportunity” from prosecution. It also is common for HYIPs to announce they are “private” programs and therefore not subject to government oversight. At the same time, it is common for HYIPs to try to structure a Terms of Service or Member Agreement that purports either that the “opportunity” is not selling securities or is not subject to regulatory oversight.

    Some HYIPs, including JSS Tripler/JustBeenPaid, have preemptively denied they are Ponzi schemes.

    JSS Tripler/JustBeenPaid purports to pay a daily return of 2 percent. On an annualized basis, the sum is between 48 and 73 times the purported returns of imprisoned Ponzi schemer Bernard Madoff. It is EIGHT times the daily return touted by Gregory McKnight, who pleaded guilty last month in federal court in the Eastern District of Michigan for his operation of the Legisi HYIP scheme.

    The purported returns of JSS Tripler/JustBeenPaid are somewhat on par with the returns of Nicholas Smirnow of the alleged Pathway To Prosperity HYIP Ponzi scheme. Smirnow is listed as “Wanted” by INTERPOL.

    On Feb. 27, the PP Blog reported that a website linked to Mann displayed videos of Francis Schaeffer Cox, an American and purported “sovereign citizen” under indictment in Alaska in an alleged murder plot against public officials.

    Separately, a YouTube promo for JSS Tripler/JustBeenPaid dated yesterday asserted that “[a]ll you have to do is wait for your money to increase!!!”

    A Blog post dated today, meanwhile, makes this assertion (italics added):

    “The JSS Tripler new site is one month old. It has been a month of phenomenal growth, but it’s nothing compared to what’s in the future. Some ‘Big Things’ are on the horizon that will enable many of the members to become millionaires, some could even become billionaires.”

    Neither the March 3 Blog post nor the March 2 YouTube video referenced the CONSOB probe.

    In 2008, AdSurfDaily President Andy Bowdoin asserted that ASD had a plan to create 100,000 millionaires in three years. On Dec. 1, 2010, the U.S. government announced that Bowdoin had been indicted on Ponzi-related charges of wire fraud, securities fraud and selling unregistered securities.

    About 16 days later — on Dec. 17, 2010 — U.S. federal prosecutors announced they had filed forfeiture litigation against at least two ASD affiliates. One of the alleged affiliates was purported ASD “trainer” Erma Seabaugh.

    Seabaugh also was an affiliate of an enterprise known as Ad-Ventures4U (ADV4u), which crashed in 2009 amid allegations that its operator had been threatened by members.

    In web promos, Mann has described himself as a promoter for both ASD and ADV4U. Some affiliates have described him as a “genius,” the same description accorded Bowdoin before the August 2008 raid on ASD headquarters by the U.S. Secret Service.

    After the event — and facing both civil prosecution and a criminal investigation — Bowdoin told ASD members that the raid was the work of “Satan.”

    It is a descriptor completely contrary to the typical view Americans have of the Secret Service, which has the twin duties of protecting the nation’s financial infrastructure and the life of the President of the United States.

    Most Americans believe the Secret Service consists of heroes who place themselves in harm’s way every day to keep the United States safe, doing everything from making sure U.S. grandparents have safe places to deposit their Social Security checks to making sure that the President is well-protected and accessible to the American people.

    Kenneth Wayne Leaming, an ASD member and purported “sovereign citizen,” allegedly filed a bogus lien against the Secret Service agent who led the ASD investigation in 2008, the FBI said in November 2011 court filings.

    Leaming also allegedly filed bogus liens against a federal judge and three federal prosecutors involved in the ASD case, according to court filings by the FBI. He is jailed near Seattle awaiting trial on those charges, along with charges of filing false liens against other public officials, concealing two federal fugitives wanted in a home-business caper in Arkansas, being a felon in possession of firearms and uttering a bogus “Bonded Primissory Note” for $1 million.

    Court filings suggest Leaming was conducting financial research on John Roberts, the chief justice of the United States and the head judge of the U.S. Supreme Court, while hatching a scheme to serve papers on Roberts through a school attended by the distinguished jurist’s children.

  • ‘MoneyMakingBrain,’ Advocate For JSS Tripler/JustBeenPaid, Emails Threats To PP Blog; ‘That’s Not A Threat, It’s A Promise,’ First Email Claims; Second Suggests He’ll Create Banking Trouble For Blog Poster And Defend JSS Tripler Operator ‘So Help Me God’

    “Either we talk about here, or I talk about somewhere else (that’s not a threat, it’s a promise :)” — ‘MoneyMakingBrain (MMB), in email threat to PP Blog, Feb. 29, 2012, 7:52 a.m. ET

    UPDATED 4:22 P.M. ET (U.S.A.) It has happened again: The PP Blog has received yet another threat via email for its reporting on the HYIP sphere, which FINRA described in a 2010 Alert as a “bizarre substratum of the Internet.”

    Today’s threat came from “MoneyMakingBrain” (MMB) in apparent “defense” of JSS Tripler/JustBeenPaid, an HYIP “program” purportedly operated by self-described former AdSurfDaily and Ad-Ventures4U pitchman Frederick Mann. JSS Tripler/JustBeenPaid claims it pays a return of 2 percent per day.

    ASD operator Andy Bowdoin, 77, is an accused Ponzi schemer under indictment for wire fraud, securities fraud and selling unregistered securities. The ASD scheme, which was based in Florida,  gathered at least $110 million and created thousands of victims, federal prosecutors have said. Bowdoin’s Ponzi trial has been scheduled for September 2012. JSS Tripler/JustBeenPaid purports to pay a daily return twice that of ASD.

    Among other things, Bowdoin has compared the August 2008 U.S. Secret Service raid on ASD’s headquarters to the 9/11 terrorist attacks and described it as the work of “Satan.”

    MMB’s initial email threat was received at 7:52 a.m. ET. It was followed by another email threat at 11:14 a.m. in which MMB suggested he’d seek to cause banking troubles for a specific PP Blog poster and defend Mann “so help me God.”

    “You could be the nicest guy in the world, doing a real public service, but on the matter of Frederick Mann, you’ve made a gross error, and you crossed the line, Mr.,” the second threat read in part. “I am not a passive by-stander Patrick, I am one of those who will come and help an old man from being beaten up by a bully, so help me God.”

    The second email also claimed that, “If anything, you’ve brought all this upon yourself.”

    On Feb. 27, the PP Blog reported that a site registered to Mann in South Africa at the same street address of JustBeenPaid had at least 11 links to videos featuring Francis Schaeffer Cox. Cox, 27,  is a purported “sovereign citizen.” He is accused in Alaska of a “militia” murder plot against public officials.

    Federal prosecutors known to be investigating the ASD scheme in the District of Columbia declined to comment on the Blog’s story, which was published Monday. Meanwhile, federal prosecutors known to be investigating the “sovereign citizen” movement in the Pacific Northwest did not respond to a request for comment on the report.

    Today’s disturbing developments began with the Blog’s receipt of the initial threatening email at 7:52 a.m. The initial threat implied that, if the PP Blog did publish a comment submitted by MMB during the overnight hours and respond to the email, MMB would seek to cause harm to the Blog. The PP Blog did not reply to the initial email. Nor did it reply to the follow-up threat.

    MMB’s comment already had been published by the PP Blog by the time the initial email threat was received. The comment was submitted at 1:12 a.m. today and approved by the PP Blog at approximately 7:30 a.m., after being temporarily sequestered in a holding queue because of the menacing nature of previous comments submitted by MMB.

    An anonymous proxy in Europe was used to send the comment, and a Gmail address was entered on the PP Blog’s Comments form. For the past two days, MMB has been submitting comments that imply he has the power to harm the Blog if the Blog does not submit to his threats. His comments were sent from IPs in the United States and Europe. Today’s email communications from MMB were the first received from MMB.

    Because the Blog believes it is important to publish comments that showcase the bizarre and sometimes menacing nature of the HYIP sphere, it has published several comments from MMB since Monday. But because today’s email threats introduced a new form of electronic menacing and implied a PP Blog reader would be subjected to a hectoring campaign,  the Blog no longer will publish any additional comments from MMB.

    The PP Blog engages in the marketplace of ideas, not the marketplace of threats.

    These are among MMB’s menacing assertions yesterday:

    • “I know you’re reading everything I write and you are scared.”
    • ” But, continue to annoy the MoneyMakingBrain and deviate him from his monitoring duties, and you’ll be the ones to be in the hot water. “
    • “no one is invisible to the MoneyMakingBrain and you need to stop doing what you’re doing against this man immediately. Because if you don’t, I am going to make a formal complain (sic) to the very authorities you purport are coming after scam sites and send all the evidence I’ve gathered so far from posting on your site and the realscam site. I don’t like witch hunts and I am sure Fred Mann can whip your ass in court for your highly suggestive, provocative, highly contentious and flat-out defamatory commentaries against his character on your sites.”
    • “You can delete my comments as much as you like, but take what I said to the bank. In the end, you are going to look like a fool.”
    • “Maybe it’s a good idea that you stop your charade once and for all and finally cease and desist attacking Mr. Fred Mann, who is innocent until proven guilty. Not going to be repeating myself again.”
    • “Needless to say that you’ll be needing to look for another ISP because you won’t have internet access at home or your office, wherever. Needless to say that your server host will also shut down your sites down for violation of terms and conditions.”

    MMB also advanced a number of conspiracy theories, including one in which he asserts that two different people who post on RealScam.com and the PP Blog are one and the same. RealScam is a forum that concerns itself with mass-marketing fraud.

    In November 2011, RealScam  was subjected to a bid to chill from Bogdan Fiedur, the operator of AdLandPro, a website whose members routinely promote HYIP schemes and other highly dubious pursuits. JSS Tripler/JustBeenPaid is one of the “programs” promoted on AdLandPro, which also has a presence on Ponzi forums such as TalkGold and MoneyMakerGroup.

    Conspiracy theories are part and parcel to the HYIP landscape, as are threats — direct and veiled. Today”s second MMB email threat also raised the specter of fear.

    ” . . . it’s clear that you are too scared of me by now,” the second email read in part.

    In November 2011, an FBI Terrorism Task Force arrested ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming on charges he filed false liens against at least five public officials involved in the ASD Ponzi case. Two months later, a superseding indictment was returned against Leaming that accused him of participating in a scheme to file false liens against two U.S. prison officials, uttering a false “Bonded Promissory Note” for $1 million and being a convicted felon in possession of firearms.

    So-called “sovereign citizens” have been linked to various forms of securities fraud and tax fraud. Because they believe prosecutors and judges have no authority over them, “sovereigns” have been known to target state, local and national officials in plots to file bogus liens and destroy the credit of members of the law-enforcement community and litigation opponents.

    Their harassment methods, which feature the use of both postal mail and email and often include direct or veiled threats, have become known as “paper terrorism.”

    When arrested, Leaming, the ASD figure and purported “sovereign,”  was found with two federal fugitives from Arkansas who’d been indicted on charges of duping participants in a home-business scheme of more than $2 million. Those fugitives also have been linked to the “sovereign citizen” movement and filed a series of bizarre pleadings in Arkansas after their arrests with Leaming, who is jailed near Seattle. Both fugitives now are detained at federal facilities in Texas, according to prison records.

    After MMB sent today’s initial email threat, he sent another comment to the Blog that included a threat:

    “Stop abusing your forum as Lynn does, or I am going to conclude that there is a business relationship between the two of you, and that would be bad a thing (I am afraid to say anything else as you may call it another ‘threat’).

    “And yes, this is not a threat: you’re better off having me talking here than somewhere else. I know too much already about both you and Lynn, and I still want to believe that the two of you are men of good (although the tactics of one indicate the otherwise).”

    “Lynn” is a reference to Lynn Edgington, the chairman of Eagle Research Associates Inc., a 501(c)3 Public Benefit Charitable Corporation based in Mission Viejo, Calif.

    The second email implied that MMB would seek to interfere with an Eagle Research banking relationship.

    See related story and Comments thread.

  • SPECIAL REPORT: Domain Registered To Purported JSS Tripler Operator Features Videos Of ‘Sovereign Citizen’ Accused In Alleged Alaska Murder Plot Against Public Officials; Meanwhile, Americans Listen To ‘Frederick Mann’ Tell Them That Even A ‘1-Year-Old’ Can Have An Account And That Adults Can Open Accounts For Others; Separate Sites Have Links To Antitax Screeds And Debt-Elimination Schemes

    From grainy "BigBooster" YouTube video dated June 6, 2007. "Hi, Frederick Mann here," the video begins — with Mann speaking in what may be British or South African English. Mann, who identified himself in 2008 as an AdSurfDaily promoter three months before the U.S. Secret Service conducted a raid on ASD's Florida headquarters, was the featured guest in a conference call last week for JSS Tripler/JustBeenPaid. He is the purported operator of the "program."

    Visitors to BuildFreedom.com are greeted by a drop-down ad for JSS Tripler/JustBeenPaid that encourages them to register with a free Gmail address from Google for the outlandish “program” and its purported return of 2 percent a day.

    At least 11 videos featuring Francis Schaeffer Cox are accessible on the BuildFreedom page, which features remarks attributed to Frederick Mann and others.

    Mann is the purported operator of JSS Tripler/JustBeenPaid. Here is part of what he relates in written form on BuildFreedom in the context of Cox and others:

    “To what extent do the people and activities featured so far on this page provide real solutions? How far do they go toward neutralizing the real enemies? What activities need to be added to increase the prospects for freedom?”

    The remarks appear to have been written prior to the arrest of Cox and others in an alleged “militia” plot on U.S. soil.

    In 2011, Cox, 27, was arrested on charges of plotting the murders of state and federal officials in Alaska. In January 2012, a superseding federal grand-jury indictment was returned against Cox and two alleged accomplices.

    Based on its research, the PP Blog is reporting today that BuildFreedom.com is registered to Frederick Mann at an address in South Africa. At least two other sites registered to Mann at the same address — JustBeenPaid.com and BigBooster.com — have been used to drive traffic to the JSS Tripler/JustBeenPaid “program.”

    The BigBooster website uses the same drop-down ad for JSS Tripler/JustBeenPaid that appears on the BuildFreedom domain.

    As the PP Blog reported in October 2011, the BigBooster domain was used in 2008 to drive traffic to AdSurfDaily, which the U.S. Secret Service described as an online Ponzi scheme involving at least $110 million. In November 2011, ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming of Spanaway, Wash., was arrested by an FBI Terrorism Task Force on charges of filing false liens against at least five public officials involved in the ASD case.

    In December 2010, ASD President Andy Bowdoin was charged criminally with wire fraud, securities fraud and selling unregistered securities. Bowdoin’s program advertised a payout rate half of that advertised by JSS Tripler/JustBeenPaid.

    The Conference Call

    Separately, the PP Blog is reporting today that Frederick Mann was the featured guest on a conference call for JSS Tripler/JustBeenPaid last week. The Feb. 23 call appears to have been hosted by an American — and Americans and persons from at least one other country (Canada) appear to have quizzed Mann on the investment scheme after joining the “program.”

    Whether the conference-call participants were aware of the BuildFreedom domain and Mann’s written comments on Cox and “neutralizing the real enemies” is not known.

    The American (likely) who served as the call host was a woman who appeared to speak U.S. English. She described Mann as a “mathematical genius,” but did not say whether JSS Tripler/JustBeenPaid was authorized to sell securities to U.S. citizens. Nor did she say whether she was a registered broker-dealer or whether others promoting the “program” were required to be registered in the United States and other jurisdictions.

    Mann also did not speak to any issues concerning securities, including whether the “program” was properly registered in all jurisdictions in which it conducts business and whether individual promoters needed to be registered.

    The first person who asked Mann questions during the call identified himself as “Randy” from “South Dakota.” Another caller who identified himself as “Chester” from “North Carolina” also quizzed Mann, who appears to speak British or South African English — or perhaps English from a different part of the world.

    The call was conducted one month to the day after CONSOB, the Italian securities regulator, announced that the actions of certain JSS Tripler promoters were under investigation. The CONSOB action was not addressed in the call, which also featured commentary or questions from “Michael” from “San Francisco” and others.

    During the call, Mann asserted — among other things — that there was no “age discrimination” in JSS Tripler/JustBeenPaid.

    “So, theoretically,” he intoned, “even a one-year person” can participate.

    And, he noted, adults were permitted to open accounts in the names of other adults and that registrants could send money to JSS Tripler/JustBeenPaid via AlertPay, SolidTrustPay, LibertyReserve and Perfect Money.

    All four of the processors are referenced in U.S. court filings as processors for alleged or proven fraud schemes.

    In response to a question from “Edward” (nationality unclear) about whether JSS Tripler/JustBeenPaid had a “contingency plan” in case problems with payment processors developed or if government “harassed” them, Mann suggested that LibertyReserve and PerfectMoney were part of a fail-safe strategy.

    “Even if AlertPay and Solid  Trust Pay get shut down, that won’t stop” the program, Mann said.

    In response to a question from “Potato” from “California,” Mann also suggested it was possible to open accounts without a Social Security number that that members could open accounts for others, including teen-aged grandchildren in another U.S. state — even if a grandparent didn’t know the Social Security numbers of their grandchildren and the grandchildrens’ parents did not give permission to open the accounts.

    Who would be responsible for the tax consequences of opening accounts in the names of others was not discussed.

    The call appears not to have been limited to participation by Americans. A person who identified himself as “Mark(?)” from “Alberta” also was on the call.

    At least one of the persons on the call complained that the “program” was confusing. Even so, he ventured that this is “quite a deal.”

    In response to a question about where the “program” was located, Mann claimed JSS Tripler/JustBeenPaid was “not located in any specific part of the world. We’re all over the planet.”

    “Oh, OK, cool,” the caller who asked the question replied to Mann.

    It was unclear from the call whether all participants who listened in or asked questions understood that the governments of various jurisdictions have acted forcefully against similar “programs” over the years, bringing both civil and criminal prosecutions.

    Other Domains That Reference Frederick Mann

    On a domain styled Mind-Trek.com, Fredrick Mann is quoted as writing, “In order to legally and safely beat the IRS it is necessary for you to adopt a certain frame of mind. You need to have a certain independence of mind. You need to be able to read the U.S. Constitution for yourself. You need to be able to recognize how the Supreme Court ‘judges’ and other politicians routinely violate the Constitution. You need to realize that practically all lawyers and accountants are handmaidens of the ‘terrocrats’ – terrorist bureaucrats or coercive government agents.”

    Similar antitax screeds appear elsewhere on the domain. Although the domain data lists a company that uses the word “Freeman” as part of its name and a contact address in Arizona, the address appears to be nonexistent in the state. Based on the registration data, the actual address of the purported owner may be in the area of Fort Smith, Ark.

    Arkansas business records show data on similarly named business entities in the state, but it is far from clear whether the “Freeman” entity listed in the domain-registration data was one of those firms.

    Based on its research, the PP Blog also is reporting today that a second domain that uses the Arizona address of Mind-Trek.com exists. That domain, which also appears to confuse Arkansas and Arizona in registration data, is styled TerrorCrat.com. “TerrorCrat” is a phrase Mann has used in his writings. The domain currently resolves to a parked page that beams advertisements.

    Meanwhile, this Twitter account purportedly for BigBooster suggests that Mann is an “Internet entrepreneur” from Arizona.

    The PP Blog initially learned about the BuildFreedom domain through a URL that appears under Mann’s name on the BigBooster site. That URL resolved to the BuildFreedom domain. When accessed, it loads the landing page of the BuildFreedom domain, the drop-down ad for JSSTripler/JustBeenPaid and two videos and 11 links pertaining to Francis Schaeffer Cox, the purported Alaska “sovereign” indicted in the alleged murder plot.

    Also during the course of its research, the PP Blog observed writings attributed to Mann on a domain that sought to attract customers for debt-elimination schemes. Such schemes also have been advanced by so-called “sovereign citizens.”

    A domain that lists Mann as the author of an introductory piece makes a reference to a purported “Indian” tribe. Although it is possible that the tribe is legitimate, some “sovereign citizens” who have no Indian heritage and no standing either as “Indians” or courtroom litigants have married debt-elimination schemes to purported tribal membership in bizarre bids to hamstring prosecutions and target litigation opponents and public officials with vexatious lawsuits.

    Some AdSurfDaily members have been linked to the same kind of vexatious legal filings, which sometimes included threats to arrest judges and attorneys that represent banks in collections-related litigation.

  • WILLFUL BLINDNESS: With Legisi Operator Now Convicted Of Wire Fraud, HYIP Colleague And Fellow Ponzi-Forum Darling Nicholas Smirnow Of Pathway To Prosperity Listed As ‘Wanted’ By INTERPOL; Meanwhile, Cheerleading For JSS Tripler Continues

    Nicholas A. Smirnow. Source: Interpol "Wanted" notice.

    After the news broke yesterday that Gregory N. McKnight, the accused operator of the Legisi HYIP Ponzi scheme, had pleaded guilty to wire fraud in a $72 million caper, things only got worse for the serial Ponzi-forum cheerleaders — not that they’re likely to abandon their practice of willful blindness while reaching across oceans to pick the pockets of any person with cash and a pulse.

    Nicholas Smirnow, a convicted robber, burglar and drug dealer before he became an HYIP operator and darling of the TalkGold, MoneyMakerGroup and ASAMonitor Ponzi forums, is listed as wanted by INTERPOL.

    How long Smirnow has been on INTERPOL’s wanted list and the circumstances under which he was placed on the list were not immediately clear. An email yesterday by the PP Blog seeking comment from federal prosecutors in the Southern District of Illinois on the status of Smirnow and the case against him was not immediately returned.

    Smirnow, 54, also is known as Nicolay Smirnow, Alexander Judizcev, Nicholas Kachura and Jeff Prozorowiczm. He was charged in the Southern District of Illinois with fraud and money laundering-related crimes in May 2010 for his alleged operation of the Pathway To Prosperity (P2P) Ponzi scheme.

    When the charges against Smirnow were announced approaching two years ago, U.S. federal prosecutors said they intended to ask the government of the Philippines to extradite Smirnow to the United States. Whether Smirnow had been jailed in the Philippines and somehow later was set free after the U.S. arrest warrant was issued could not immediately be determined.

    What is clear is that INTERPOL is publishing a “Wanted” listing with the following physical details about Smirnow:

    Height: 1.76 meter
    Weight: 76 Kg
    Colour of hair: Brown
    Colour of eyes: Green

    The INTERPOL poster for Smirnow was up even as the SEC was announcing the McKnight conviction. (See “Wanted” poster, which is active at the time of this post.)

    A U.S. Postal Inspection Service affidavit in the Smirnow case references TalkGold, MoneyMakerGroup and ASAMonitor, which is now defunct. The affidavit also references AlertPay and SolidTrustPay, Canada-based processors often used by HYIP hucksters. The Smirnow criminal complaint also references the Canadian processors.

    The P2P scheme was almost unimaginably widespread, a postal inspector said in the 2010 affidavit.

    “Financial records of payment processors utilized by P-2-P to collect investment funds from investors show that approximately 40,000 investors in 120 countries established accounts with P-2-P,” the postal inspector said. “Despite the fact that the investment was supposedly ‘guaranteed, investors lost approximately $70 million as a result of [Smirnow’s] actions.”

    Ponzi-forum cheerleaders yesterday appeared either to be unaware of (or to have to ignored) the news about the guilty plea of Legisi’s McKnight and corresponding civil judgments against him totaling about $6.5 million.

    Some of them continued to focus on their efforts to promote JSS Tripler/JustBeenPaid, a “program” purportedly operated by Frederick Mann that also uses AlertPay and SolidTrustPay.

    AlertPay and SolidTrustPay also are referenced in court filings in the AdSurfDaily Ponzi case. A 2008 promo for ASD attributed to Mann asserted that Mann was an ASD promoter. ASD operator Andy Bowdoin faces a criminal trial in September 2012 on Ponzi-related charges of wire fraud, securities fraud and selling unregistered securities.

    JSS Tripler/JustBeenPaid asserts it pays a daily return of twice what ASD offered. ASD figure Kenneth Wayne Leaming has been linked to the so-called “sovereign citizens” movement and is jailed near Seattle on federal charges of filing false liens against public officials involved in the ASD case.

    McKnight’s base program in Legisi offered a return of .25 percent (one quarter of 1 percent) per day, according to a 2008 SEC filing.

    Mann’s purported base program offers eight times that return on a daily basis, according to JSS Tripler/JustBeenPaid promos. On an annualized basis, the “program” offers a return that is between 48 and 73 times higher than the returns of imprisoned Ponzi schemer Bernard Madoff.

    Madoff is serving a U.S. prison term of 150 years. McKnight faces up to 20 years, the SEC said yesterday.

    A promo for JSS Tripler/JustBeenPaid that appeared yesterday on a forum known as CariGold made this claim. (Italics added):

    JSS-Tripler now has 213,884 members —
    continuing to grow by over 3,000 new
    members a day. (If it hadn’t been for
    yesterday’s downtime, the number would
    have been “over 4,000.”) Thank you to
    our many promoters for doing such a
    great job!

    Purchases of new JSS-Tripler positions
    are on track for a new all-time record,
    today.

    More than a month ago — on Jan. 23 — the Italian securities regulator CONSOB announced that JSS Tripler promoters were under investigation. Ponzi-forum promoters pooh-poohed the news.

  • BIRTH OF A ‘SOVEREIGN’ VERB: Appeals Court Upholds Convictions In ‘False-Liens’ Case In Which Defendant Called Law ‘A[**] Wipe’ And Declared He’d ‘Lien . . . Down’ Even On Court-Appointed Defense Counsel; Co-Defendant Was Figure In SEC’s Gold Quest International Ponzi Case And Sought To File Bizarre Lawsuit Against Agency

    “I don’t want to see a lawyer. If you do, I’m going to lien him down fast.” — Gregory Allen Davis addressing U.S. Magistrate Judge Alice R. Senechal of North Dakota in a false-liens case that evolved from events in 2010 and earlier

    UPDATED 5:14 P.M. ET (U.S.A.)

    The word “lien” is a noun. But it seems quickly to have become a verb in the mind of Gregory Allen Davis, a reputed “sovereign citizen” accused in 2010 of filing false liens against U.S. District Judge Daniel Hovland of North Dakota and Lynn Jordheim, a federal prosecutor who once served as the acting U.S. Attorney for the state.

    Appearing before U.S. Magistrate Judge Alice R. Senechal to be arraigned on charges of filing false liens in the form of UCC Financing Statements against Hovland and Jordheim, Davis informed Senechal that he’d reject the appointment of defense counsel by the court, according to transcripts cited by the U.S. Court of Appeals for the Eighth Circuit. (PP Blog emphasis):

    “I don’t want to see a lawyer,” Davis barked to the judge. “If you do, I’m going to lien him down fast.”

    A Tortured History

    With the belligerent morphing of “lien” from noun to verb even as Davis claimed the judge had no jurisdiction over him and demanded she present her “oath of office,” thus began a new chapter in the already-bizarre sagas of Davis and fellow purported “sovereign citizen” Michael Howard Reed.

    Reed emerged as a figure in the May 2008 SEC Ponzi-scheme case against Gold-Quest International (GQI) after asserting he was the “attorney general” for an “Indian” tribe in North Dakota and trying to sue the agency for the staggering sum of $1.7 trillion.

    GQI operated from Las Vegas and touted a footprint in Panama. Reed’s apparent theory was that the enterprise, which was accused of hatching a Ponzi that had gathered nearly $30 million, was untouchable under U.S. law and that it enjoyed sovereignty that somehow was portable across multiple state lines in the United States. A federal judge in Nevada quickly put an end to that nonsensical argument — even as regulators in Canada also were preparing or pressing claims against GQI, which purportedly was operated by a “Lord.”

    Reed’s unsuccessful bid to intervene in the GQI case was hardly his only encounter with the federal judiciary and law-enforcement agencies.

    In rejecting various claims by Davis and Reed in the false-liens case and upholding the rulings of U.S. District Judge Charles B. Kornmann of South Dakota — who was sitting in special designation because the North Dakota federal judiciary had recused itself — the Eighth Circuit appeals panel started out by reciting some of the tortured litigation history surrounding the false-liens case. (Italics added):

    “Gregory Allen Davis and Michael Howard Reed irrationally believe that their membership in the Little Shell Nation, an unrecognized Indian tribe, means they are not United States citizens subject to the jurisdiction of the federal courts. This belief led them into serious trouble. First, Reed threatened North Dakota District Judge Ralph Erickson because he refused to dismiss federal drug charges against two other Little Shell members. Months later, when District Judge Daniel Hovland denied a motion to dismiss a firearm charge pending against Reed, Davis filed a Uniform Commercial Code (UCC) financing statement listing Judge Hovland and acting United States Attorney Lynn Jordheim as $3.4 million debtors and Davis as the secured party. After a three-day trial, a jury convicted Davis and Reed of conspiring to file and filing false liens against Judge Hovland and Jordheim in violation of 18 U.S.C. § 1521. The jury also convicted Reed of corruptly obstructing justice in violation of 18 U.S.C. § 1503(a), based on his earlier threats. On appeal, Davis argues that the evidence was insufficient to prove a violation of § 1521. Both Davis and Reed argue, for somewhat different reasons, that the district court violated their constitutional rights by allowing them to represent themselves at trial. We affirm.”

    Notwithstanding the fact Davis initially had claimed he’d “lien . . . down” even appointed defense counsel and personally defend the charge that he’d filed false liens against public officials, Davis subsequently permitted a lawyer appointed by the court as “standby counsel” to carry out duties such as arguing evidentiary issues, according to court records. Both Davis and Reed reserved their rights to argue the case-in-chief.

    “[T]hey provided opening statements, cross-examined the government’s witnesses, testified in their own defense, and offered a mountain of irrelevant documents relating to their claims of personal sovereignty,” according to Eighth Circuit.

    But after both men were convicted of filing false liens and conspiring to file them, they then claimed they should not have been permitted to act as their own counsel, a claim in stark contrast to the earlier insistence by Davis that he be permitted to exercise his Constitutional right to represent himself and that he’d file a lien against a defense attorney if one were appointed for him.

    Among other things, the Eighth Circuit upheld Kornmann’s conclusion that Davis “knowingly and voluntarily waived his right to counsel.” It made the same determination in rejecting Reed’s argument that the judge should not have permitted him to argue his own case.

    Reed claimed, among other things, that “he should not have been allowed to defend himself foolishly,” according to the Eighth Circuit.

    The Story Within The Story

    Also of note is that the federal law under which Davis and Reed were charged and convicted in North Dakota is the same law under which AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming was charged in November 2011 by an FBI terrorism task force in Washington state: Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title.

    Leaming, 56, also has a “Little Shell” link, according to the Anti-Defamation League.

    In court filings, the FBI said Leaming filed bogus liens against a federal judge, three federal prosecutors and a special agent of the U.S. Secret Service — among other officials. In addition, he is charged with being a felon in possession of firearms, harboring two fugitives and uttering a bogus “Bonded Promissory Note” for $1 million. He is jailed near Seattle.

    But to Davis, the law against filing false liens against public officials is “ass wipe,” according to a citation in the Eighth Circuit decision upholding his conviction.

    “At trial, an FBI agent testified that, during a January 20 interview, Davis admitted to filing this lien, threatened to file more liens, and referred to the statute prohibiting false liens as “ass wipe,” the appeals panel recounted.

    Leaming, according to court filings in the false-liens cases against him, filed the liens in Washington state.

    Davis, though, chose to file liens in the District of Columbia — and he did so electronically, according to the Eighth Circuit.

    “Reed and Davis conducted a recorded telephone conversation on January 5, 2010, the day Judge Hovland issued an order denying Reed’s motion to dismiss the pending firearms charge,” the appeals panel recounted. “The two discussed placing UCC liens for $2.4 million in cash and $1 million in silver against federal entities. The next day, Davis electronically filed a Form UCC-1 financing statement with the Recorder of Deeds in Washington, D.C., listing as debtors, ‘1. U.S. District Court of North Dakota/Daniel Hovland,’ and ‘2. Acting United States Attorney, Lynn C. Jordheim.”

    The histories of both the Davis/Reed case and the emerging Leaming case lead to troubling questions about whether the Internet and the current state of U.S. and state procedures with respect to how liens are accepted and recorded in the public record have opened the doors for “sovereign citizens” to wage far-reaching revenge campaigns against public officials.

    This comes at potential expense to both taxpayers and the targeted public officials who at least briefly have to take time away from their public duties and put on the hat of a witness/crime victim.

    The Eighth Circuit ruling, for instance, points out that lien targets and federal officials “Hovland and Jordheim testified that they are not indebted to Davis” despite his assertion they owed him millions of dollars.

    “Davis chose a filing office whose public records would likely be searched by a party looking for adverse claims against the properties of Judge Hovland and Jordheim, such as prospective lenders, credit card issuers, and credit rating agencies,” the appeals panel found. “He also filed the facially suspect statement electronically and it became a public record without review.”

    And, as the appeals panel highlighted in a potentially ominous footnote, different results are possible in different jurisdictions. (PP Blog emphasis added):

    “Some States have amended UCC Article 9 to give filing officers discretion to refuse apparently fraudulent or unauthorized filings and to streamline procedures for the removal of fraudulent filings. See White & Summers, Uniform Commercial Code § 31-16 (6th ed. 2010). Absent such an amendment, the UCC grants little authority to refuse to accept fraudulent filings. See § 9-520(a) & cmt. 2.”

    See “The Lawless Ones” report by the Anti-Defamation League.

    Read the Feb. 9, 2012, ruling against Davis and Reed by a three-judge panel in the Eighth Circuit.

  • BULLETIN: Andrew Isaac Chance Sentenced To 65 Months In Federal Prison For False-Lien And Tax Scams; ‘Tax Defier’ Filed Bogus UCC Statement For $1.313 Billion Against Federal Prosecutor, Justice Department Says

    BULLETIN: Andrew Isaac Chance, the Maryland man described by the Justice Department as a “tax defier” and recidivist fraudster who filed a bogus lien for $1.313 billion against a federal prosecutor, has been sentenced to 65 months in federal prison.

    Chance, a retired station manager of the Washington (D.C.) Metropolitan Area Transit Authority, explained that he filed liens against the federal prosecutor and a Maryland state prosecutor because they had “done him wrong,” prosecutors said.

    The bogus lien against the federal prosecutor was in the form of a UCC Financing Statement filed in Maryland. The Uniform Commercial Code has been in the news in recent days in the context of purported “sovereign citizens.”

    Michael Lee Crane, an Arizona man now charged in three murders in late January, told a judge at his arraignment on the first two murder charges that “I would like to reserve my right to Uniform Commercial Code 1-207, and the Uniform Commercial Code 1-103.”

    Chance filed the false lien against the federal prosecutor who’d handled an earlier tax-fraud case against him “shortly after” Chance was released from prison. Chance, prosecutors said, was on federal probation when he filed the lien.

    After filing the bogus lien, Chance returned to the same behavior that landed him in prison initially, filing three false claims for tax refunds, prosecutors said.

    “This sentence shows that filing false tax returns and retaliating against federal prosecutors and other government officials, who are simply doing their jobs, will not be tolerated,” said John A. DiCicco, principal deputy assistant attorney general of the Justice Department’s Tax Division.

    In the false-liens case, Chance was charged under the same law federal prosecutors in Washington state used to charge AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming: Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title.

    Leaming allegedly was involved in the filing of several retaliatory liens against federal officials.  He also faces charges of harboring fugitives, being a felon in possession of firearms and uttering a bogus “Bonded Promissory Note.”

  • BULLETIN: David Carroll Stephenson, Alleged Accomplice Of AdSurfDaily Figure And Purported ‘Sovereign Citizen’ Kenneth Wayne Leaming, Now Jailed Near Seattle; Feds Say False Liens Totaling $30 Million Were Filed Against Prison Officials

    Kenneth Wayne Leaming

    BULLETIN: David Carroll Stephenson, an alleged business associate of AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming, has been moved from a federal prison in Arizona to the SeaTac federal detention center near Seattle to answer charges that he conspired with Leaming to file false liens against two Federal Bureau of Prisons officials.

    Leaming, 56, remains in federal custody at SeaTac. In addition to charges that he worked with Stephenson to file bogus liens totaling $30 million against Harley Lappin and Dennis R. Smith, Leaming is accused of filing false liens against at least five public officials involved in the AdSurfDaily Ponzi case. He’s also charged with harboring two federal fugitives from Arkansas at his residence in Spanaway, Wash., being a felon in possession of firearms and uttering a bogus “Bonded Promissory Note” with a purported face value of $1 million.

    Lappin is the former director of the Federal Bureau of Prisons; Smith is the warden of the Federal Correctional Institution in Phoenix. Stephenson and Leaming divined a construction by which Lappin owed Stephenson $10 million and Smith owed him $20 million, the FBI said in court documents filed in November 2011.

    The scheme involved a Leaming-associated company known as American-International Business Law Inc. The firm, which is listed in Washington state as the registered agent of at least 73  companies, also has been part of the ASD story narrative and was referenced in the Congressional Record last year in the context of a purported “claim against the United States of America.”

    Some of the firms with which American-International had a business relationship formed their names with words typically associated with government or banking. One was called “Homeland Security Service,” for instance. Another was called “Presidential Detail.” Yet another was called “Federal Asset Management Service.” Still another was called “Federal Fleet Management,” according to records.

    At least two of the entities used forms of the name JP Morgan, according to records. The firm also was listed as the registered agent of two firms allegedly operated by the federal fugitives Leaming allegedly concealed.

    Stephenson, 56, was serving a 96-month prison sentence (ending in January 2013) for defrauding the United States in a tax scam during the time in which he plotted with Leaming last year to carry out the fraud against Lappin and Smith, the FBI said.

    An FBI affidavit filed in November alleges that Leaming was conducting research on the real estate holdings and personal finances of U.S. Chief Justice John Roberts and his wife and discussed a scheme to serve Stephenson-related documents on Roberts through the school his children attended.

    Robert’s is chief judge of the U.S. Supreme Court and America’s highest-ranking judicial officer. He is one of nine members of the Supreme Court.

    Other Leaming email correspondence cited by the FBI suggests he sent a “certified,” Stephenson-related letter to the personal residence of Associate Justice Ruth Bader Ginsburg and was trying to find a home address for Associate Justice Stephen G. Breyer — instead of sending Stephenson-related correspondence to the Supreme Court address.

    Like Roberts, Ginsburg and Breyer are members of the Supreme Court.

    Breyer’s name was in the news yesterday, amid reports that he was robbed while vacationing with his wife and several friends in Nevis last week by a masked intruder wielding a machete. The Supreme Court is on break. There were no reports that anyone was injured in the Nevis incident, but the robber allegedly got away with $1,000.

    On Oct. 2, 2011, the PP Blog reported that ASD members were encouraged in an email to identify a federal judge, federal prosecutors and a special agent of the U.S. Secret Service as “DOJ thieves” in “county”-level filings and to send a “certified copy” of their claims to the home address of Chief Justice Roberts.

    The email was attributed to “Keny,” a nickname used by Leaming.

    Court records suggest Leaming was under FBI surveillance when the email was sent. He was arrested by an FBI terrorism task force about seven weeks later.

    In court filings in the original liens case against Leaming in November, the FBI said “one of the specific documents” found in Washington state sought the staggering sum of $225.4 billion and listed “Kenneth Wayne, sovereign man” as “grantee,” and public officials as “grantors.”

    Bogus liens against Mary Peters, the former U.S. Secretary of Transportation, and Cutler Dawson, president and CEO of Navy Federal Credit Union, also were discovered, according to court filings.

    Leaming was arrested on the liens charges via a criminal complaint filed in November. The firearms, fugitive-harboring and false-utterance charges were added in a superseding grand-jury indictment returned on Jan. 26.

    The two fugitives Leaming allegedly harbored were implicated in an Arkansas-based, home-business scam that fetched more than $2 million, according to court records. Meanwhile, the ASD Ponzi scheme fetched at least $110 million, federal prosecutors said.

    Timothy Shawn Donavan, 63, and Sharon Jeannette Henningsen, 67 — the fugitives allegedly found with Leaming — both are listed as federal detainees at facilities in Texas. They initially were jailed at SeaTac in Washington state, but made bond after their November arrests and returned to Arkansas, according to federal records.

    Bizarre pleadings laced with language associated with “sovereign citizens” soon began to appear in their Arkansas proceedings. Donavan’s bond was revoked after he refused to be sworn as a witness at a pretrial proceeding in Arkansas, according to records. He is jailed at a federal facility in Texas.

    Henningsen currently is in federal custody at a Texas facility that provides specialized medical care and mental-health services, according to records.

    Andy Bowdoin, the 77-year-old alleged operator of the ASD Ponzi scheme, is awaiting his September 2012 federal criminal trial on charges of wire fraud, securities fraud and selling unregistered securities.

  • URGENT >> BULLETIN >> MOVING: AdSurfDaily Figure and Purported ‘Sovereign Citizen’ Kenneth Wayne Leaming Facing New Federal Felony Charges

    Leaming

    UPDATED 1:33 P.M. ET WITH LINK TO INDICTMENT: AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming is facing new federal-felony charges.

    Leaming, 56, originally was arrested in November 2011 by an FBI terrorism task force on charges of filing false liens against at least five public officials involved in the ASD Ponzi scheme case.

    Prosecutors now say he faces charges in addition to the ones originally filed and will be arraigned on the charges tomorrow in Tacoma, Wash.

    Among the new charges are concealing a person from arrest, being a felon in possession of a firearm and using a false and fictitious instrument, the office of U.S. Attorney Jenny A. Durkan of the Western District of Washington said.

    Leaming is among at least six purported “sovereign citizens” recently charged or convicted of crimes in the western section of the state.

    Timothy Garrison, 60, of Mount Vernon, Wash., was sentenced yesterday to 42 months in federal prison for a tax scam that cost the U.S. government more than $2.5 million.

    Like Leaming, Garrison’s activities included filing false liens. He also made “threats to ‘arrest’ law enforcement officers,” prosecutors said.

    “No one is above the law,” Durkan said. “[Garrison’s] scheme now creates a hardship for those who put their trust in Mr. Garrison – they have big tax bills to pay. His further abuse of the legal system with fraudulent liens and so-called ‘arrest warrants,’ is a dangerous mix for our law enforcement officers who are trying to keep our communities safe.”

    A convicted felon prior to the charges for which he was sentenced yesterday, Garrison assisted in the filing of more than 50 returns with false or fraudulent information, prosecutors said.

    When Leaming was arrested in November, he was found with two federal fugitives from Arkansas, along with firearms, prosecutors said.

    UPDATE AT 1:33 P.M. ET. Here is a link to the indictment, which also names alleged Leaming associate David Carroll Stephenson in a count of retaliating against a federal judge or federal law-enforcement officer. Stephenson currently is serving time in an Arizona federal prison in an earlier case, and prosecutors said he’ll be brought to Washington state on the new retaliation charge against him.  He is referenced in this November 2010 PP Blog story on a Leaming email sent to ASD members. Stephenson also is referenced in this November 2011 Leaming story about certain communications allegedly directed at U.S. Chief Justice John Roberts at the behest of Stephenson.

    The indictment describes the weapons allegedly found with Leaming and describes the fugitives by their initials. The PP Blog previously confirmed that the fugitives were Timothy Shawn Donavan and Sharon Jeannette Henningsen, who were wanted in an alleged mail-fraud caper involving envelope stuffing in Arkansas.

  • UPDATE: JSS Tripler Promoters On Ponzi Boards Scoff At CONSOB Action, React By Making ‘I Got Paid’ Posts; Like AdSurfDaily, Purported ‘Opportunity’ Calls Payouts ‘Rebates’ And Employs Confluence Of Payment Schemes

    “I dont care what the CONSOB or whatever says because I am not an Italian.” — TalkGold poster known as “WallStreetIsAPonzi,” Jan. 28, 2012

    Even as CONSOB, the Italian securities regulator, is publishing an announcement on its website that promoters of a bizarre HYIP known as JSS Tripler are under investigation amid preposterous claims that investors receive an annualized return of 730 percent, promoters on Ponzi forums such as MoneyMakerGroup and TalkGold are thumbing their noses at the news.

    JSS Tripler is an arm of “program” known as “JustBeenPaid” (JBP). Whether JBP plans to assist any of the companies or individuals identified in the CONSOB announcement in navigating the regulatory waters and preparing a defense in the weeks ahead is unclear.

    What is clear is that some JBP promoters are reacting to the news by posting fresh “I got paid” posts on the Ponzi boards, even as JBP continues to use its website to advertise returns of “2%+ per Day” and “60% per Month!”

    Visitors are advised they can “Increase Earnings with Daily Compounding” and glean affiliate “bonuses” totaling 15 percent over two tiers — on top of the annualized returns of 730 percent.

    In the AdSurfDaily Ponzi case in 2008, U.S. District Judge Rosemary Collyer described “a confluence [of ASD] payment schemes” very similar to the payment schemes purportedly in place at JBP. JBP, though, is advertising a return rate double that of ASD, whose operator, Andy Bowdoin, later was arrested on charges of wire fraud, securities fraud and selling unregistered securities.

    Bowdoin faces up to 125 years in federal prison and fines in the millions of dollars, if convicted on all counts.

    In her 2008 ruling in the ASD case in which she refused to release money seized by the U.S. Secret Service as part of an international Ponzi probe, Collyer noted that ASD called its payouts to members “rebates.”

    Separately, documents from Canadian investigators show that the word “rebates” was used in international scams, including Flat Electronic Data Interchange (FEDI) and the mysterious “Alpha Project.” At least one FEDI promoter is jailed in the United States, as is FEDI operator Abdul Tawala Ibn Ali Alishtari, also known as “Michael Mixon,” who was convicted on charges of operating an investment-fraud scheme and financing terror.

    At MoneyMakerGroup yesterday — on the heels of the CONSOB news — a poster published seven purportedly recent payment proofs from JSS Tripler. Each of them used the word “rebate,” demonstrating that the purported opportunity also is using the same language as ASD and FEDI to describe payouts to members.

    The MoneyMakerGroup member said he planned to buy a “motor home” and “start traveling the US” with his JSS Tripler money.

    In the AdSurfDaily Ponzi case, several automobiles were seized as the alleged proceeds of a criminal scheme. A boat and marine equipment also were seized, along with computers and real estate valued at more than $1 million. All in all, the cash seizures to date in the ASD case total more than $80 million, including cash seized from individual promoters in at least four U.S. states.

    U.S. federal prosecutors say that ASD in part tried to mask its $110 million Ponzi scheme by calling its payments to members "rebates." JSS Tripler, an arm of a "program" known as "JustBeenPaid," also refers to its payouts to members as a "rebate," according to this post yesterday at the MoneyMakerGroup Ponzi forum.

    Although Frederick Mann, the purported operator of JBP/JSS Tripler, is described by supporters as a business genius and creator of a “masterpiece,” the program is using the same sort of language and bizarre presentations that drew the attention of law enforcement in the ASD and FEDI cases.

    Elsewhere on MoneyMakerGroup, a member described the CONSOB development as “NONSENSE!”

    Another member observed yesterday that JBP payouts came from an email address on a domain styled BigBooster.com. Why the payouts are associated with the BigBooster domain is unclear, but the BigBooster domain previously has been linked to the alleged ASD Ponzi scheme and Frederick Mann, the purported operator of JBP/JSS Tripler.

    Separately, the TalkGold forum deleted a link to a PP Blog report on the CONSOB action. In the ASD case, a forum known as “Surf’s Up” routinely deleted links to the PP Blog. ASD members who relied on the Blog for information were described on the forum as troublemakers, and posters willing to consider the government’s point of view were described as “rats,” “maggots” and “cockroaches.”

    ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming was arrested by the FBI in November 2011 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 an active-duty agent of the U.S. Secret Service who did some of the early legwork in the case.

    The Secret Service employed undercover operatives in bringing the ASD prosecution.

    One MoneyMakerGroup poster yesterday suggested that the CONSOB action was “crap” and claimed outright that JSS Tripler had “paid out over 10 million bucks.”

    Whether the poster ever had seen the verified, audited books of JBP/JSS Tripler and other financial records such as bank and payment-processor statements to substantiate his claim is unclear. But even if the $10 million claim is true, the claimed sum was not broken down by recipient — and online scams are infamous for siphoning cash and concentrating it in the pockets of program sponsors and insiders.

    Promoters of fraud schemes often pass along company lies and deceptions to recruits and prospects, a situation that U.S. government agencies, including the Secret Service, the SEC and the CFTC,  have noted in prosecutions involving individual, commission-based promoters.

    The same MoneyMakerGroup promoter also ventured the CONSOB action came because “governments are not getting a cut of this revenue,” further asserting that  “the only reason they are starting to do probes and crap (sic) not because they care about protecting you from loosing (sic) your money.”

    ASD members made similar claims. Like JBP/JSS Tripler, ASD also was promoted on the Ponzi boards — as were at least three purported ASD clones, all of which have ceased to operate. The cost to investors is unknown.

    Like ASD, JSS Tripler also appears to have a clone — one that actually uses JSS Tripler’s name to form its own name. That “program,” known as JSS Triper 2 or T2, appears now to be changing its name to T2MoneyKlub. Regardless of the name, T2 also was hawked on the Ponzi boards and appears even to have given birth to itself on a Ponzi board as a result of a dispute with JBP/JSS Tripler.

    Federal prosecutors said ASD also changed its name, morphing from just plain AdSurfDaily into ASD Cash Generator. Court records suggest that changing names was part of ASD’s criminal plan and that the change occurred after the initial ASD Ponzi collapsed and after certain payment conduits began to come under government scrutiny.

    Among the MoneyMakerGroup posters who published “I got paid” posts for JBP/JSS Tripler yesterday was “10BucksUp” — his second such post since the CONSOB action became public.

    “10BuckUp” previously pushed Club Asteria, anotherPonzi-forum darling that came under CONSOB scrutiny. In addition to displaying no apparent respect for CONSOB, “10BucksUp” let it be known in September 2011 that he also was a pitchman for Cherry Shares, a collapsed program referenced in June by Canadian regulators.

    Cherry Shares also was a Ponzi-forum darling.

    Whether “10BucksUp” and other JBP/JSS Tripler promoters planned to tell their existing recruits and prospects about the fact CONSOB is targeting individual promoters in a 90-day suspension order related to the purported JBP/JSS Tripler program is unclear.

    Also unclear is whether JBP/JSS Tripler will inform existing participants and prospects about the CONSOB action.

    Members of any “opportunity” that purports to pay an absurd return always are at great risk. The risk becomes even greater if they are denied information about investigations. Promoters who do not disclose the presence of an investigation or simply rely on the company line (or lack thereof) potentially are at greater risk of prosecution as individual promoters.

    In the ASD case, for instance, federal prosecutors said the company was collecting money from new members and funneling it to original members affected by ASD’s first collapsed Ponzi — without informing new enlistees and prospects that their money was being used to prop up losers from the initial scheme and to help the second Ponzi gain a head of steam.

    The personal assets of a number of individual ASD promoters were targeted in forfeiture actions or affidavits, with the government seizing sums in several bank accounts in multiple U.S. states. These sums totaled in the hundreds of thousands of dollars, according to court records.

  • BULLETIN: Fugitive Found With AdSurfDaily Figure Kenneth Wayne Leaming Back In Jail After Judge Revokes Bond; Timothy Shawn Donavan Refused To Be Sworn As Witness At Pretrial Hearing In Arkansas Mail-Fraud Case; Leaming’s Firm Listed As Registered Agent For 2 Companies Implicated In Alleged Multimillion-Dollar Envelope-Stuffing Fraud

    BULLETIN: Timothy Shawn Donavan, one of two federal fugitives from Arkansas found in Washington state Nov. 22 with AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming, is back in jail.

    Separately, records show that Leaming’s Washington state firm was the registered agent for two defunct companies linked to the alleged Donavan mail-fraud scheme and that Leaming himself — using the name “Kenneth Wayne” and dropping his surname — was an officer in the companies.

    U.S. District Judge P.K. Holmes III revoked Donavan’s bond after Donavan, 63, refused to be sworn at a court proceeding in Arkansas earlier this month in violation of a bond condition that required him to cooperate at pretrial hearings in the mail-fraud case filed against Donavan in February 2011.

    Meanwhile, Donavan’s co-defendant in the mail-fraud case, Sharon Jeannette Henningsen, also is listed as back in federal custody. The circumstances surrounding her renewed detention were not immediately clear.

    Henningsen, 67, also was found with Leaming in the Pacific Northwest, federal prosecutors said in November. Donavan and Henningsen were participants in an Arkansas-based fraud involving envelope-stuffing, according to an indictment filed in February 2011.

    Donavan and Henningsen were freed on conditional bond several days after their arrests in Washington state. They returned to Arkansas, and trouble begun anew in very short order, according to court records.

    In the order revoking Donavan’s bond, Holmes said that Donavan “continues to insist, as he has in past proceedings, on repeating incomprehensible legal jargon in response to any question the Court posits, instead of cooperating with Court proceedings and responding appropriately to questions asked. Donavan ultimately refused to either swear or affirm to tell the truth during the proceedings.”

    The judge warned Donavan that he’d be taken into custody by U.S. Marshals if he refused to cooperate, according to the order revoking bond.

    On Jan. 23, Holmes ordered Donavan to be transported to a Bureau of Prisons medical facility in Texas, according to records.

    On Dec. 28, Donavan and Henningsen filed a strange pleading styled “NOTICE of Tender for Setoff and a Request Regarding a Statement of Account by Sharon Jeannette Henningsen and Timothy Shawn Donavan.”

    The Dec. 28 pleading was filed on the heels of other strange pleadings, including one styled,”Notice: Forgive Me Request; Constructive Notice of Conditional Acceptance and Request to Continue Public Proceedings.”

    Although Donavan and Henningsen had been scheduled to go on trial Jan. 19, the trial date has been canceled — and prosecutors have filed a superseding indictment against both defendants that adds at least four mail-fraud-related counts to the 15 originally filed 11 months ago.

    In the new allegations, federal prosecutors referenced two defunct Washington state companies — 1st Incentive Co. and Trail Head Options Inc. — allegedly tied to the Arkansas fraud of Donavan and Henningsen.

    Both firms, according to records in Washington state, listed Leaming’s firm — American International Business Law Inc. — as their registered agent.  Leaming, who sometimes drops his surname and uses simply “Kenneth Wayne,”  is listed as an officer of both companies.

    Prosecutors said the Donavan/Henningsen mail-fraud scheme netted more than $2.2 million.

    Leaming, 56, of Spanaway, Wash., was arrested in November on charges of filing bogus liens against at least five public officials involved in the ASD case. The U.S. Secret Service said ASD was a Florida-based Ponzi scheme that gathered at least $110 million.

    ASD President Andy Bowdoin, 77, was charged with wire fraud, securities fraud and selling unregistered securities in 2010.

    Some ASD members reportedly relied on Leaming for legal advice, even though he is not an attorney. Whether Dovavan and Henningsen did the same thing is unclear. Also unclear is whether they were ASD members.

    Leaming is jailed near Seattle. He is not named a defendant in the Arkansas case, but the indictment refers to at least one “unindicted co-conspirator.”

  • UPDATE: Fugitives Arrested With AdSurfDaily Figure Kenneth Wayne Leaming File Bizarre ‘Forgive Me’ Pleading In Arkansas Federal Court — AFTER Missing First Filing Deadline

    On Nov. 22, 2011, AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming was arrested by the FBI in Washington state on charges he filed bogus liens against at least five public officials involved in the ASD Ponzi case.

    Some ASD members apparently have relied on Leaming for legal advice, even though he is not an attorney.

    Leaming was found with two federal fugitives implicated in an Arkansas-based, home-business scheme involving envelope-stuffing, federal prosecutors said. Those fugitives — Timothy Shawn Donavan and Sharon Jeannette Henningsen — were indicted on mail-fraud charges in February 2011, according to federal records.

    Whether Donavan and Henningsen were ASD members is unclear. Also unclear is whether they relied on Leaming for legal advice at any point in time. Their filings, however, appear to be consistent with filings in cases involving purported “sovereign citizens.”

    Although Leaming remains jailed, Donavan, 63, and Henningsen, 67, were released on bond in Washington state several days after their arrests and kept a court date in Arkansas on Dec. 8. During their initial Arkansas appearance, both defendants suggested they’d defend themselves — while also ambiguously suggesting they might hire a lawyer, according to court filings.

    They again were released on bond, with the judge ordering them as a bond condition “to report to the court within 10 days o[n] whether they had hired an attorney or intended to pursue representing themselves.”

    They did not do so, according to federal court records. The judge then set a hearing date for Dec. 27 and required Donavan and Henningsen to formally explain whether they’d rely on attorneys or themselves to defend the case.

    On Dec. 27 — the date of the hearing and nine days after the initial deadline to inform the court on how they intended to defend the case — Donavan and Henningsen filed a bizarre pleading styled, “Notice: Forgive Me Request; Constructive Notice of Conditional Acceptance and Request to Continue Public Proceedings.”

    In the pleading, Donavan and Henningsen apparently argued that they needed “80” more days to make up their minds. Their trail date, however, already had been scheduled for Jan. 19, 2012. Both defendants were aware of the trial date, according to court records.

    It got stranger yet.

    “At the hearing and in their Notice the Defendants stated that they were appearing as ‘Authorized Representatives for the Secured Party Creditor having a security interest in the collateral belonging to the Debtor-Defendant, SHARON JEANNETTE HENNINGSEN AND TIMOTHY SHAWN DONAVAN, and also accommodation parties, hereinafter, ‘Offerees.’” according to an order issued by the judge.

    “The Offerees,” the strange pleading continued, “are in receipt of INDICTMENT a copy attached hereto and incorporated herein as if full reproduced herein as ‘Exhibit 1’ dated February 24, 2011 in Case #2:11-CR-20008, hereinafter ‘offer’, (sic) from UNITED STATES OF AMERICA via M.W. FLEMING, Assistant United States Attorney, U.S. Attorney’s Office . . ., hereinafter `Offerer’”. (sic)

    Donavan and Henningsen then apparently ventured that they’d accept appointed counsel if the appointed counsel would “hold them harmless” for anything they suffered.

    The judge denied the motion for an 80-day continuance and appointed provisional counsel.

    How the case will proceed was not immediately clear.

    Visit Leagle.com to read the full judge’s order.