UPDATED 6:31 P.M. ET (U.S.A.) A website collecting money through PayPal for the criminal defense of accused Ponzi schemer Andy Bowdoin of AdSurfDaily appears to have lost its ability to gather funds designated for an attorney’s “trust account.”
This message (next paragraph) appears if would-be Bowdoin sympathizers click on any of a number of payment buttons on the site, which is known as “Andy’s Fundraising Army.”
“This recipient is currently unable to receive money.”
The message originates on PayPal’s server.
Why the trust account lost the ability to collect money via PayPal is unclear. The office of U.S. Attorney Ronald C. Machen Jr. of the District of Columbia said this afternoon that it “typically does not comment on pending cases, and has no comment on this particular matter.”
Machen’s office is leading the Bowdoin prosecution.
Bowdoin, 77, is awaiting a September 2012 trial on charges of wire fraud, securities fraud and selling unregistered securities. The U.S. Secret Service said the ASD patriarch was presiding over a Ponzi scheme involving at least $110 million and thousands of victims.
In September 2011, the Secret Service and federal prosecutors returned to members more than $55 million seized in 2008 in the civil portion of the case. The agency described ASD as a “criminal enterprise.”
Bowdoin began to solicit money through the fundraising website last summer, after repeated delays. Information published on the site suggests Bowdoin collected about $26,800, far short of this stated goal of $500,000. The site positioned Bowdoin as “David,” with the government as “Goliath.”
In recent months, Bowdoin has been pushing a mysterious scheme known as OneX, claiming God had delivered OneX to enable him to pay for his criminal defense.
ASD figure Kenneth Wayne Leaming, a purported “sovereign citizen,” was arrested by the FBI in November 2011. He is detained in a federal facility near Seattle on charged he filed fraudulent liens against at least five public officials involved in the ASD Ponzi case.
Screen shot from Dec. 14 evidence exhibit filed as part of an emergency motion in the Jeremy Johnson/IWorks fraud cause brought by the FTC. The site shown in the exhibit and described in the emergency motion by an attorney for the court-appointed receiver in the case is not the actual site of the receiver. Rather, it is an imposter site that uses the receiver’s name and is designed to intercept traffic and undermine the receivership estate, according to the emergency motion. The bogus site later was altered further and the words “Thieves,” “Lairs” (sic) and “Crooks” were placed near the top of the page, according to a separate evidence exhibit.
EDITOR’S NOTE: This story originally was published Dec. 22, 2011, 10:41 a.m. It was updated at 8:11 a.m. on Dec. 23, 2011. The PP Blog temporarily “unpublished” the story on March 23, 2012. Explanation of why it was taken offline temporarily is here. On March 23, 2012, the PP Blog’s security software recorded a “mass injection attack” as the Blog visited a domain styled CollotGuerard.com while researching matters pertaining to Jeremy Johnson. Collot Guerard is an attorney for the FTC and an alleged subject of harassment by Johnson or people close to Johnson because of the FTC actions against Johnson. The PPBlog is not revisiting the CollotGuerard.com domain and believes it is imprudent for readers to visit the domain.
Our Dec, 22, 2011, story is republished below. The republication date is Jan. 15, 2013 . . .
UPDATED 8:11 A.M. ET (DEC. 23, U.S.A.) Robb Evans, the court-appointed receiver in the Jeremy Johnson/IWorks Internet Marketing fraud case filed by the FTC a year ago, first came to national prominence as a liquidator in the Bank of Credit and Commerce International case in the 1990s. If the bank’s name alone doesn’t spark your memory, think of the acronym by which it was known: BCCI.
If you’re, say, over 40, images of BCCI and the spectacle it created perhaps are seared in your memory. The bank’s criminality and 1991 collapse created a scandal royale on both sides of the Atlantic and all over the world, including the Middle East. BCCI, the Wall Street Journal (Europe) wrote on Aug. 3, 2001 — a little more than a month before the 9/11 terrorist attacks — was a “renegade bank” that had relied on secrecy and had been designed to be “offshore everywhere” to evade regulatory scrutiny. The stunning collapse amid allegations of international money-laundering and a disguised takeover of U.S. banks initially put customers on the hook for $9 billion in losses.
BCCI, which allegedly conducted business with the terrorist Abu Nidal (died 2002) and the now-dead or imprisoned dictators of Iraq and Panama (Saddam Hussein [died 2006] and Manuel Noriega) — and also could not say no to the Medellin Cartel and Colombian narcotics traffickers — went on to become perhaps the most infamous acronym in the history of banking. Evans has testified before Congress on the subject of offshore banking, corruption and the war on terrorism. His bona fides and expertise in unraveling the affairs of companies implicated in complex fraud schemes are firmly established in the courts.
U.S. District Judge Joyce Hens Green of the District of Columbia once described Evans’ efforts as “remarkable.” In 1998, noting that she had presided over elements of the multibillion-dollar BCCI case for eight years and calling it the “longest-running forfeiture proceeding in the history of federal racketeering law,” the judge thanked Evans and others publicly for helping preserve $1.2 billion in U.S. assets for distribution to defrauded BCCI customers.
Evans is the namesake of Robb Evans & Associates LLC. What does the company do?
“What we do in my organization is we trace money, and we try and recover it for the victims of fraud, and we do it mostly on behalf of the United States Government,” Evans told the House Subcommittee on Oversight and Investigations in 2006.
Despite his bona fides — despite his record as a court-appointed receiver in numerous cases and his testimony before the U.S. Congress on critical matters of U.S. and international financial security — someone with a Google AdWords account and perhaps some knowledge about SEO planted the seed earlier this month that Evans was presiding over a fraudulent company, according to new federal court filings in the Johnson/IWorks case.
For a yet-to-be-determined period of time, the names of Evans and his company were pushed down in Google search results and replaced at the top of the rankings by a domain styled RobbEvansFraud.com — with a paid AdWords ad to the right of the No. 1 search result driving traffic to the faux Evans site, according to an evidence exhibit filed in federal court on Dec. 14.
The faux site planted the seed that Robb Evans & Associates consisted of “Thieves,” “Lairs” (sic) and “Crooks,” according to to an emergency motion filed by an attorney for Evans.
“Warning,” the first sentence on the faux site blared, “this website is dedicated to collecting information from victims of Robb Evans and Associates.”
In June, Johnson, 35, was arrested at the Phoenix airport at which federal agents allegedly found him in possession of $26,400 in cash and a one-way ticket to Costa Rica. He asserts his innocence to both the criminal and civil charges brought in the case. Johnson now is free on bond.
Stop The Madness
The FTC moved against Johnson, IWorks and other companies in December 2010, alleging an Internet-fueled fraud involving hundreds of millions of dollars. Evans was appointed receiver by a federal judge in Nevada, the venue from which the action was brought. The agency alleged that at least 51 shell companies were set up to dupe banks and to carry out the fraud, which resulted in “hundreds of thousands” of chargebacks and threats to consumers who filed chargebacks.
FBI Director Robert Mueller III warned Congress in March 2010 and again a month later about the dangers of shadowy banking practices, noting that that shell companies often play a role in disguising fraudulent proceeds.
“Money laundering allows criminals to infuse illegal money into the stream of commerce, thus manipulating financial institutions to facilitate the concealing of criminal proceeds; this provides the criminals with unwarranted economic power,” Mueller said.
IWorks operated out of an office at 249 E. Tabernacle St. in St. George, Utah. The street intersects with nearby South Main, home of the historic St. George Tabernacle. The Tabernacle opened in 1876. The city of St. George is famous for its geology, its climate and for its historic ties to Brigham Young and The Church of Jesus Christ of Latter-day Saints.
The city, unfortunately, also is becoming increasingly known as the town from which Johnson allegedly carried out a fraud involving hundreds of millions of dollars, in part by manipulating the banking system through dozens of shell companies in Nevada and other states.
In the emergency motion, an attorney for Evans now says that Johnson and perhaps others are seeking to interfere with the courts and the receivership estate by using the Internet to slime Evans, the FTC and Collot Guerard, an attorney for the FTC. The FTC has filed its own emergency motion.
Despite Hunt’s order, Johnson sued Evans in Utah state court. On Dec. 7, Hunt ordered the Utah state action brought by Johnson dismissed.
Johnson also asked Hunt to order the FTC to pay the legal fees of corporate defendants. The judge refused.
Of all the troubling developments, perhaps the most troubling is the allegation that Johnson and perhaps others have weaponized the Internet to interfere with the administration of justice. The site that attacks Guerard — a career civil servant — clams she has been “accused of fraud and corruption.” The site was created on Oct. 7, 2011, months after Hunt issued the preliminary injunction and order not to interfere. The site appears to operate from servers in Utah, with the registration hidden behind a proxy.
“[W]e are collecting information related to any wrongdoing on her part,” the site informs visitors.
The attack on Guerard is just the latest in a string of attacks or veiled threats against law enforcement. AdSurfDaily figure Kenneth Wayne Leaming, for example, is jailed near Seattle on federal charges he filed bogus liens against public officials in the ASD Ponzi case, including a federal judge, three federal prosecutors and a special agent of the U.S. Secret Service.
Vincent McCrudden, meanwhile, was arrested and jailed in January 2011 amid allegations he threatened to kill 47 regulators and government officials while using a website and emails to terrorize public servants. Just last week, federal prosecutors in Virginia said that Roger Charles Day Jr., who endangered the U.S. military and others in an offshore scam and was sentenced to 105 years in federal prison, had “filed hundreds of billions of dollars of fraudulent default judgments against more than 100 people who Day claimed had prosecuted him unfairly.”
The Day procurement scheme involved at least 18 companies, prosecutors said. When the scheme was exposed, Day simply “directed his conspirators to discontinue bidding through those companies and instead form and use new companies,” the Justice Department said.
In the new filings by the attorney for Evans in the FTC’s case against Johnson and IWorks, is is alleged that Johnson had a role in the posting of “false and scurrilous” material on the Internet in a bid to hamstring the administration of the receivership estate.
Among other things, one of the websites tied to Johnson “makes false allegations concerning ‘mass fraud and corruption by Robb Evans and Associates,’” according to the attorney’s emergency motion to disable the site.
Gmail addresses using the names of Evans and Guerard were created and were designed to “impersonate and/or interfere” with the receiver and others associated with the case, according to the emergency motion.
Johnson and others created other websites — including EvilFTC, FTCTactics and a site in Guerard’s name — to further undermine the legal process, according to the receiver’s emergency filing. Two other sites in the names of other FTC attorneys also were created, according to the receiver’s emergency motion.
Those sites, according to records, both were created on Dec. 1. Like the site in Guerard’s name, the servers appear to be based in Utah.
When the receiver’s attorney contacted Johnson to demand the site targeted at Evans be taken offline, Johnson claimed he did not own, host or control the site while insisting that “the domain has not been used for anything deceptive.”
“It is a constitutional right to be able to speak freely even if your client does not like it,” Johnson informed the receiver’s attorney in an email, according to an exhibit attached to the receiver’s emergency motion.
UPDATE: On Dec. 1, 2010, AdSurfDaily President Andy Bowdoin was arrested on charges of wire fraud, securities fraud and selling unregistered securities. Sixteen days later — on Dec. 17, 2010 — federal prosecutors filed a forfeiture complaint against certain ASD-related bank accounts, including an account in Bowdoin’s name and accounts allegedly controlled by ASD members Erma Seabaugh of Missouri and Robyn Lynne Stevenson of Florida.
In the December 2010 forfeiture case, Bowdoin filed a claim for nearly $500,000 in assets he allegedly controlled. But Seabaugh and Stevenson did not, and federal prosecutors in the District of Columbia filed motions for default judgments in August 2011, according to court records.
The motions for default against more than $153,000 allegedly controlled by Seabaugh and more than $96,000 allegedly controlled by Stevenson are pending.
Seabaugh, Florida-based ASD’s purported “Web Room Lady,” is listed in Oregon records as the operator of a purported Missouri-based “religious” nonprofit firm known as Carpe Diem.
Stevenson operated a company known as Robyn Lynn LLC, according to court filings.
Bowdoin, 77, is free on bail. His criminal trial is scheduled for September 2012.
Separately, ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming remains jailed near Seattle. The FBI accused him last month of filing false liens against five public officials involved in the ASD case, including U.S. District Judge Rosemary Collyer.
Collyer is presiding over the forfeiture case against money in the bank accounts allegedly controlled by Seabaugh and Stevenson. Collyer also is presiding over Bowdoin’s criminal trial and two related forfeiture cases involving ASD assets. Those cases were filed in August 2008 and December 2008.
The portion of the December 2010 forfeiture case involving assets allegedly controlled by Bowdoin has been placed on hold because of the criminal trial, but the cases against the assets allegedly controlled by Seabaugh and Stevenson are active.
Prosecutors have scored a clean sweep in ASD forfeiture-related litigation, with Bowdoin losing appeals to funds seized in the August 2008 and December 2008 cases. The U.S. Secret Service brought all of the ASD-related forfeiture cases.
The December 2010 case involving Bowdoin, Seabaugh and Stevenson traces its roots to February 2009, when Bowdoin — who’d initially submitted to the August 2008 forfeiture a month earlier — sought to undo his forfeiture decision and reenter the case as a pro se litigant. The AdViewGlobal (AVG) autosurf, which came to life after the August 2008 and December 2009 forfeiture cases were filed and after Bowdoin was sued by members amid allegations he had engaged in racketeering, was morphing into a so-called “private association” as Bowdoin was morphing into a pro se litigant, according to records.
AVG, which members said had close ASD ties, purportedly operated from Uruguay. Members positioned it as an offshore, safe alternative to the post-seizure ASD, but AVG appears to have gone belly-up in June 2009, less than a year after the first sound of seizures began in the ASD case.
NWITimes.com is reporting that Christopher H. Cannon, a purported “sovereign citizen,” has been found guilty in federal court in the Northern District of Indiana of using counterfeit currency to pay for big-screen TVs.
The TVs were purchased at Sears, according to the NWITimes report.
On Nov. 4, the IndyChannel.com reported that a purported Indiana “sovereign citizen” who described himself as a “free man” was found to be driving an unregistered motorcycle and in possession of an identification card that purported he was a diplomat.
“Sovereign citizens” in Indiana and other states have been known to assert diplomatic immunity from prosecution.
In federal court in Washington state yesterday, purported “sovereign citizen” Kenneth Wayne Leaming was denied bail on charges he filed bogus liens against federal officials involved in the AdSurfDaily Ponzi case in the District of Columbia.
Meanwhile, Bob Paudert, the retired police chief of West Memphis, Ark., gave a training speech at the Wiregrass Law Enforcement Seminar in Alabama yesterday on the “sovereign citizen” movement, the Dothan Eagle is reporting.
Paudert’s son, a police officer, was killed last year during a traffic stop involving a “sovereign citizen.” Another officer died in the same hail of gunfire.
Ret. Chief Paudert is featured in this video by the “60 Minutes” program produced by CBS News.
BULLETIN: Purported “sovereign citizen” and AdSurfDaily figure Kenneth Wayne Leaming will remain jailed after a judge at a bail hearing today found that Leaming was a flight risk and a danger to the community, the office of U.S. Attorney Jenny A. Durkan of the Western District of Washington said this evening.
Leaming, 55, of Spanaway, Wash., was arrested last month on charges of filing false liens against public officials involved in the ASD Ponzi scheme case in the District of Columbia. The liens allegedly were filed in Pierce County in Washington state.
In advance of today’s 3 p.m. PT hearing, Leaming argued in court filings that he should be freed pending trial. U.S. Magistrate Judge J. Richard Creatura disagreed at today’s hearing, which was held in Tacoma.
Leaming has been detained at the Sea Tac Federal Detention Center near Seattle since his Nov. 22 arrest. Prosecutors said last week that firearms were found at the Leaming arrest scene.
At a proceeding last month, Creatura preliminarily found that Leaming had no adequate residence and that “no condition or combination of conditions which defendant can meet will reasonably assure the appearance of the defendant as required and/or the safety of any other person and the community.”
Creatura specifically found at the first proceeding that Leaming’s history included a “failure to comply with Court orders and terms of supervision” in a previous case in which he was charged with piloting an airplane without a license.
On one of the occasions in which he violated his probation in the aircraft-piloting case, Leaming claimed he had “diplomatic status or immunity.” On another occasion, he filed a “vexatious lawsuit lien or retaliatory complaint,” according to the FBI.
Records show that Leaming tried to overturn his conviction in the aircraft-piloting case by making the strange assertion that the court hearing the case was a “BANK.”
UPDATED 10:04 A.M. ET (DEC. 8, U.S.A.) Frank L. Pavlico III — convicted in 2007 of felony conspiracy to conduct financial transactions involving the proceeds of drug trafficking and released in 2008 after serving his 10-month prison term — has been arrested for wire fraud by the FBI in an alleged prime-bank swindle that occurred while Pavlico was on probation, the SEC said.
Charged civilly with securities fraud is Brynee K. Baylor, an attorney in the District of Columbia, Maryland and New Jersey. The SEC said Baylor helped Pavlico pull off the swindle, which allegedly gathered about $2.1 million and affected at least 13 investors.
U.S. District Judge Rosemary Collyer of the District of Columbia approved an emergency asset freeze, the SEC said.
“Pavlico and Baylor produced paperwork dotted with legal-sounding gibberish designed to deceive investors into believing this is a highly-sophisticated investment opportunity,” said Stephen L. Cohen, associate director of the SEC’s Division of Enforcement. “This case is particularly egregious because attorneys hold a special position of trust, and Baylor and her law firm cloaked the Milan investment in the guise of licensed legal services to deceive investors and steal their money.”
Baylor, 37, of Silver Spring, Md., is co-founder and managing partner of Baylor & Jackson PLLC in the District of Columbia, according to the SEC. The agency said she and the law firm “acted as ‘counsel’ for Pavlico’s company The Milan Group, vouching for Pavlico and acting as an escrow agent that in reality was merely receiving and diverting the majority of investor funds.”
The Milan Group, which also was known as The Milan Trading Group Inc., operated from Pavlico’s home in Clarks Summit, Pa., the SEC said. Pavlico is 41, the SEC said.
The scheme operated in a shroud of mystery, with inexperienced investors being told about a purported “private trading platform” and that “confidentiality and secrecy requirements prevented the defendants from providing details of the investments,” the SEC charged.
Baylor “deceive[ed] investors into believing that the Milan investment was legitimate and that investors’ funds would be safe,” the SEC charged, adding that she provided notarized “Attorney Attestation” letters to some investors.
Moreover, the SEC charged, Baylor “told investors that she had personally witnessed millions of dollars paid to investors through B&J’s trust account, consistent with Pavlico’s representations.”
Pavlico “deceived investors by using the name ‘Frank Lorenzo’ and by failing to disclose that he pled guilty to a felony, served 10 months in prison, and was on supervised release at the time he was soliciting their investments,” the SEC charged.
Investors were duped by high-sounding terms such as “standby letters of credit” and “bank guarantees,” the SEC said. Meanwhile, “Pavlico and Baylor also provided investors with bogus excuses attempting to explain the delay in providing the promised returns including, among other things, feigned illnesses, false representations that the European bankers supposedly involved in the transaction were on extended vacation, or that there were unspecified problems with processing the transactions through ‘Euroclear,’ a supposed necessary step in the transaction,” the SEC charged.
The scheme began in August 2010 or earlier, the SEC charged. Prison records show Pavlico was released in November 2008. His probation ran through Nov. 5, 2011, according to records.
“Pavlico offered returns of up to twenty times the original investment within forty-five days,” the SEC charged. “Investors were told that the investment involved no risk and that their principal would be returned if a successful bank instrument transaction was not completed.”
Fake “screen shots” also were used to dupe investors, the SEC charged.
Collyer also is presiding over the AdSurfDaily Ponzi case in the District of Columbia. The FBI alleged last month that Collyer was targeted with false liens by Kenneth Wayne Leaming, 55, of Spanaway, Wash.
UPDATE:Andrew Isaac Chance, the Maryland man accused last year of filing a false lien against a federal prosecutor, has been convicted. Sentencing by U.S. District Judge Alexander Williams Jr. is set for Feb. 15, the Justice Department announced in a news release last month.
Chance, a recidivist who filed the lien while on probation for his 2007 conviction for making a false claim for in income-tax refund in 2005, targeted the prosecutor “[s]hortly after” Chance was released from prison in the tax case.
Federal prison records say Chance is 65.
The lien came in the firm of a UCC financing statement that claimed the prosecutor owed him $1.313 billion, the Justice Department said.
Chance was charged in December 2010 with violating 18 U.S.C. § 1521: Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title.
AdSurfDaily figure Kenneth Wayne Leaming was charged by the FBI last month with violating the same statute, amid allegations he filed false liens against at least five public officials involved in the ASD Ponzi case. Leaming, 55, of Spanaway, Wash., is jailed at a federal detention center near Seattle.
In December 2010, Chance also was charged with filing three false claims that sought $900,000 in income-tax refunds. He was convicted last month on those counts, as well, prosecutors said.
“This verdict is a clear message that filing false retaliatory liens against federal officials, including federal prosecutors who are simply doing their jobs, is illegal and will be punished,” said Deputy Assistant Attorney General Ronald A. Cimino of the Justice Department’s Tax Division.
Prosecutors said Chance faces a maximum term of 25 years in federal prison and a fine of up to $ 1 million. He admitted filing the bogus lien against the federal prosecutor, explaining that the prosecutor had “done him wrong,” the Justice Department said.
Chance, though, did not limit his lien escapades to the federal prosecutor, the Justice Department said.
“The evidence showed that Chance filed a similar lien against a Maryland state prosecutor for her role in prosecuting him for crimes relating to his attempts to cash the fraudulently obtained U.S. Treasury check for the 2005 tax return,” the Justice Department said.
EDITOR’S NOTE: If Kirkland’s name sounds familiar to you — but you can’t quite place it — think about two of America’s great national pastimes: baseball and building things. Indeed, the city produced the 1982 Little League World Series champs, carding a thrilling win over a team from Taiwan, a youth-baseball powerhouse. Kirkland’s team became a source of tremendous U.S. pride, motivating the nation’s middle-schoolers to pursue excellence.
The Kirkland team further was immortalized by legendary sportscaster Jim McKay in the “thrill of victory” clip on ABC’s “Wide World of Sports.” (The joyous “thrill of victory” clip featuring the Kirkland team was juxtaposed against the program’s signature “agony of defeat” clip showing ski-jumper Vinko Bogataj’s jarring ramp crash at a competition in West Germany in 1970.)
Kirkland also is the home of Kenworth Truck Co., a renown nameplate whose parent firm, PACCAR, is a Fortune 500 company with 17,700 employees. (Source: 2010 annual report.) PACCAR and its subsidiaries, including Kenworth, create tens of thousands of ancillary jobs in the United States. In short, Kirkland is about excellence — and employment across America.
That Kirkland, a city that motivated young people to pursue excellence and has contributed so much to U.S. commerce and the building/rebuilding of the vital infrastructure of the United States, was subjected to a series of ugly, life-altering incidents by the “sovereign citizen movement” should be a subject of great introspection for all Americans . . .
“For too long Kirkland Mayor Joan McBride and other city officials have had to live with the specter of Mr. Myrland’s armed associates invading their homes. I applaud the courage of the mayor and her officers who appeared at the sentencing hearing today and described how this defendant’s selfish campaign of threats and quasi legal filings has altered their lives.” — U.S. Attorney Jenny A. Durkan, Western District of Washington, Dec. 2, 2011
Mayor Joan McBride
UPDATED 2:03 P.M. ET (U.S.A.) David Russell Myrland, a Washington state “sovereign citizen” whose name is referenced in the criminal complaint filed Nov. 21 against AdSurfDaily figure Kenneth Wayne Leaming, has been sentenced to 40 months in federal prison for threatening the mayor of the Seattle suburb of Kirkland.
But Mayor Joan McBride, according to federal prosecutors, was not the only target of Myrland’s sustained intimidation campaign, which began in April 2010 with a garden-variety traffic stop by police and evolved into a stupefying drama that will live in infamy.
Myrland, 53, was pulled over for driving without a license plate. A police officer at the scene discovered he also had no driver’s license — though Myrland insisted it didn’t matter because “he was not subject to Washington State laws regarding driving,” federal prosecutors said.
If Myrland were arrested, prosecutors said he insisted, Myrland would become “constitutionally authorized to come to the officer’s residence and ‘arrest’ the officer” — and would be permitted to use “deadly force.”
McBride received a letter from Myrland telling her that 50 “armed men and women” would appear at her home to arrest her, the Seattle Post-Intelligencer reported. The mayor, according to the Post-Intelligencer, was advised to facilitate her arrest by not locking her doors.
“DO NOT RESIST as these Citizens will be heavily armed,” the letter read in part, according to the Post-Intelligencer.
U.S. Attorney Jenny A. Durkan applauded Kirkland Mayor Joan McBride and city officials for their courage in the face of threats from purported "sovereign citizens."
“Our cherished right to free speech does not extend to the freedom to make threats against our public officials and law enforcement officers,” said U.S. Attorney Jenny A. Durkan of the Western District of Washington.
Other Kirkland officials also were threatened by Myrland, Durkan’s office said yesterday in a statement.
In September 2010, Myrland “sent emails and placed calls” to Kirkland officials urging them to “keep their doors unlocked,” because they were going to be arrested and “should not resist,” prosecutors said.
Myrland initially was arrested on state charges, but not even his arrest stopped the intimidation campaign. Federal prosecutors filed charges “after his associates continued to send letters to local officials referencing the use of ‘deadly force’ to apprehend a ‘fleeing felon’ such as Kirkland city leaders,” Durkan’s office said.
During the probe, investigators linked Myrland to an “Assembly” of sovereign citizens with an “armed wing” known as the “County Rangers,” prosecutors said yesterday.
Leaming has been linked to the same groups, the FBI said last month. Leaming, 55, of the Pierce County, Wash., community of Spanaway, is accused of filing bogus liens in Washington state against at least five public officials involved in the ASD Ponzi case in the District of Columbia — nearly 3,000 miles away.
Among the allegations against Leaming is that he discussed a plan by which he’d serve U.S. Chief Justice John Roberts with a writ through the school his preteen children attend.
U.S. District Judge Ricardo S. Martinez told Myrland at his sentencing yesterday that the law “applies to everyone,” as do “the consequences of breaking the law,” prosecutors said.
Whether Myrland, who also was ordered to pay Kirkland $1,961 for “police overtime costs” because of his threats and will be placed on supervised probation for three years after his prison release, got the message is an open question.
“He continues to this day to apparently believe that he was in the right, and everyone else is in the wrong,” prosecutors wrote in a sentencing memo. “Despite his guilty plea, he continues to argue that he had a legal right to make the threats he made; that they were not legally threats; and that he was in the right in virtually every respect.”
Leaming repeatedly violated his probation after an earlier arrest for piloting an airplane without a license, the FBI said last month.
BULLETIN:Ronald James Davenport, the Washington state “sovereign” described by federal prosecutors as a “tax defier,” has been convicted of filing false liens against a former U.S. Attorney, an assistant U.S. Attorney, an IRS agent and a court clerk.
Davenport was charged with four counts and convicted on each. The liens sought the spectacular sum of $5.184 billion from each of the public officials, prosecutors said last year.
A jury returned the verdicts yesterday, after a two-day trial
The conviction comes as a new false-liens case involving AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming is making news in Washington state.
Prosecutors said Davenport, of Chewelah, faces up to 40 years in federal prison. Sentencing has not been scheduled.
Davenport’s liens “were filed in the public records of Spokane County and Whatcom County, Wash.,” prosecutors said today from Washington, D.C.
“As proved at trial, the defendant chose these four victims on account of their service as government officials, namely their involvement in a civil lawsuit against Davenport for about $270,000 in unpaid tax liabilities,” prosecutors said.
Judge Judge Garr M. King of the District of Oregon heard the Davenport case, sitting in the Eastern District of Washington (Spokane) by special designation, prosecutors said.
Seven firearms were found last week at the scene of the arrest of Kenneth Wayne Leaming in Spanaway, Wash., the office of U.S. Attorney Jenny A. Durkan of the Western District of Washington said last night.
Durkan’s office said it could not discuss whether the government was contemplating taking the firearms matter before a grand jury. Leaming, a purported “sovereign citizen,” was arrested by the FBI last week on charges that he filed bogus liens against five public officials involved in the AdSurfDaily Ponzi case.
The FBI filed the false-liens charges via a 17-page criminal complaint. Information about the alleged presence of firearms came out during testimony at a detention hearing for Leaming last week, Durkan’s office said.
Prosecutors argued in court filings last week that Leaming was a “serious” flight risk who posed a risk to public safety, and a judge found after hearing testimony from two government witnesses that Leaming lacked an “appropriate residence.”
U.S. Magistrate Judge J. Richard Creatura ordered Leaming detained, finding that “no condition or combination of conditions which defendant can meet will reasonably assure the appearance of the defendant as required and/or the safety of any other person and the community.”
Creatura specifically found that Leaming’s history included a “failure to comply with Court orders and terms of supervision” that evolved from a previous case and that Leaming lacked an “appropriate residence.”
Leaming, 55, pleaded guilty in March 2005 to a federal felony of piloting an aircraft without a valid airman’s certificate, according to records. He spent 31 days in jail, and was formally sentenced in August 2005 to time served. Leaming also was placed on probation for a year. On at least two occasions after his guilty plea and sentencing, Leaming was brought up on charges of violating the conditions of his probation, according to federal records.
On one of the occasions in which he violated his probation, Leaming claimed he had “diplomatic status or immunity.” On another occasion, he filed a “vexatious lawsuit lien or retaliatory complaint,” according to the FBI
Leaming has been detained at the Sea Tac Federal Detention Center near Seattle since his arrest eight days ago.
Nearly three years after Leaming pleaded guilty to having no pilot’s license while flying a Cessna aircraft repeatedly between 2002 and 2004, he filed a document styled in part as “NOTARY PRESENTMENT OF: BONDED REPORT OF FRAUDULENT SECURITIES” in a bid to overturn his conviction in the aircraft-piloting case, according to court filings.
The document, dated June 3, 2008, and placed in the court record six days later, named the judge who sentenced Leaming in the case a “3rd Party Respondent.” Five other individuals also were named “3rd Party Respondent[s].”
“COMES NOW the man, Kenneth Wayne, of the family LEAMING, to provide the above titled ‘court’ (BANK) and its named officers a BONDED REPORT OF FRAUDULENT SECURITIES, and to provide said officers an opportunity to SUA SPONTE vacate the entire record of ‘prosecution,’ ‘conviction’ and ‘sentence’ upon which the fraudulent securities were issued,” the document began.
It went on to accuse the judge and others of “BARRATRY” and to argue that the court in the Western District of Washington through which his conviction was recorded was “actually a bank” and a “commercial” enterprise.
A plea bargain that had led to Leaming’s guilty plea three years earlier was forced on him under “THREAT OF DEATH,” Leaming argued unsuccessfully.
The June 2008 document was notarized by Tina M. Hall, according to the stamp. In January 2010 and February 2010 — approaching two years after Hall’s name appeared in Leaming’s pleadings in U.S. District Court for the Western District of Washington — her name appeared on the court docket of U.S. District Judge Rosemary Collyer in the civil portion of the ASD Ponzi case in the District of Columbia. Those filings, which were rejected, were styled “Claim by Notary Presentment.”
Collyer is presiding over both the criminal and the civil aspects of the ASD Ponzi case. ASD President Andy Bowdoin, 77, was arrested by the U.S. Secret Service in December 2010. Bowdoin is scheduled to go on trial on charges of mail fraud, securities fraud and selling unregistered securities in September 2012.
Leaming now is accused of filing a bogus lien against Collyer in Pierce County, Wash., nearly 3,000 miles from the District of Columbia. The state of Washington revoked Hall’s notary license last year, according to records.
Leaming also is accused of filing bogus liens against the federal prosecutors and the Secret Service agent involved in the ASD case.
Among the allegations against Leaming is that he sent an email in May 2011 to David Carroll Stephenson, a former business partner and a federal prisoner. That email referenced the “kids” of U.S. Chief Justice John Roberts and their “school,” according to the complaint against Leaming.
“In this email,” the FBI agent who sought Leaming’s arrest in the false-liens case wrote, “I believe that LEAMING is offering to file documents on Stephenson’s behalf, including sending them to the Chief Justice, via his minor children.”
Purported “sovereign citizen” Kenneth Wayne Leaming remains jailed near Seattle a week after his arrest on charges of filing bogus liens against five public officials involved in the AdSurfDaily Ponzi case in the District of Columbia, according to prison records.
Leaming, 55, was arrested in Spanaway, Wash., on Nov. 22. He was charged with retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title, amid allegations he filed false liens against a federal judge, a former U.S. Attorney, a former assistant U.S. Attorney, a current assistant U.S. Attorney and an active-duty special agent of the U.S. Secret Service.
The office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia — the venue from which the ASD case was brought in August 2008 — declined to comment yesterday on Leaming’s arrest on the other side of the country.
“Because our office is not handling this particular case, we have no comment on this particular matter,” Machen’s office said.
The office of U.S. Attorney Jenny A. Durkan of the Western District of Washington is supervising the Leaming prosecution. An FBI affidavit filed in the case last week references the name of American-International Business Law Inc., a Spanaway company associated with Leaming.
The company’s name also is referenced in the April 8, 2011, Congressional Record as the presenter of a “petition . . . relative to a claim against the United States of America.” (Story here.)
Whether the firm filed a claim against the United States through the U.S. Congress for a dollar sum is not known.
Meanwhile, American-International’s name appeared in a November 2010 email received by some members of ASD. (Story here.)
Pasted into the November 2010 email was a purported “legal opinion” by a person described as “Keny” of “AMERICAN-International Business Law inc. (sic).”
“Keny” is a Leaming nickname. Advertisements describing Leaming as an attorney appeared online last year, but Leaming appears to have no law degree. Some ASD members, however, appear to have turned to him for legal advice.
When Leaming was arrested last week, he was found in the company of two federal fugitives from Arkansas, Durkan’s office said last week. The fugitives, who were indicted in February 2011 amid allegations they hatched a home-business scheme involving stuffing envelopes, were identified as Timothy Shawn Donavan and Sharon Jeannette Henningsen.
Donavan, 63, and Henningsen, 67, made an appearance before U.S. Magistrate Judge J. Richard Creatura in Tacoma yesterday, according to records. They remain in custody at the Sea Tac Federal Detention Center near Seattle, according to records.
Leaming is being held at the same facility.
A grand jury in the Western District of Arkansas returned mail-fraud indictments against Donavan and Henningsen on Feb. 24. The envelope-stuffing scheme, according to the indictment, was “created solely to defraud persons seeking home-based employment” and operated through entities known as Trial Head Options Inc. and Premier Solutions in Van Buren, Ark.
When the U.S. Court of Federal Claims dismissed the lawsuit brought by Leaming and Oesch last year, Judge Christine Odell Cook Miller noted that their “challenge took the form of presenting claims issued by Tina M. Hall, a notary public in the State of Washington . . .”
Hall’s name appears on the court docket in the ASD case on Jan. 27, 2010, and Feb. 12, 2010 — with entries of “Leave to file denied” by U.S. District Judge Rosemary Collyer, whom the FBI now says was one of the targets of Leaming’s bogus liens. Hall’s license later was revoked by the state of Washington.
