In a case that features elements remarkably similar to the AdSurfDaily litigation, a federal judge in South Carolina has sentenced three defendants in the “3 Hebrew Boys” fraud case to a combined total of 84 years in prison.
Joseph Brunson, Tim McQueen and Tony Pough were jailed immediately after their convictions a year ago in an $82 million, foreign-currency fraud and Ponzi scheme case that traded on religion. The men, who called their business a debt-relief ministry, accused former U.S. Attorney Walt Wilkens of “treason” last year and of committing acts of war against them.
The sentencing occurred today, with U.S. District Judge Margaret Seymour giving Pough 30 years and Brunson and McQueen 27 years each. The office of U.S. Attorney William N. Nettles of the District of South Carolina did not immediately return a call from the PP Blog for comment. The Associated Press first reported on the lengths of the sentences tonight, noting that the terms were “so harsh in part because the judge found they tried to obstruct justice at every turn.”
Brunson, McQueen and Pough became known as “3 Hebrew Boys” after operating a website with the same name, which is based on a biblical story of believers who escaped a furnace by relying on their faith. The Ponzi scheme operated under the name Capital Consortium Group LLC.
In 2007, the men filed a court document that described their investment program as an effort to free people from government “bondage” and referred to the investigation as “Satan’s handiwork.”
A year later, in 2008, AdSurfDaily President Andy Bowdoin described the case against his purported Florida “advertising” firm as the work of “Satan,” comparing it to the 9/11 terrorist attacks.
Bowdoin, 76, was indicted earlier this month on Ponzi scheme charges.
The 3 Hebrew Boys’ operation sought to chill law enforcement, regulators and members of the media from scrutinizing operations, prosecutors said.
In an approach similar to one used by the AdViewGlobal (AVG) autosurf, members were forced to agree to a confidentially clause that purportedly prohibited them from discussing the company outside the confines of meeting places. Participants were threatened with a $1 million penalty for sharing information.
A court-appointed receiver published documents that listed an astonishing array of luxury purchases made by the 3 Hebrew Boys schemers with investors’ money. Among the items were a Gulf Stream jet, a Prevost Motorcoach and automobiles with famous names such as Mercedes, Lexus, BMW, Saab, Cadillac and Lincoln.
In the “3 Hebrew Boys” case, Brunson filed documents that appear to have asserted immunity from prosecution on the grounds of purported sovereignty. The documents appear to have been designed to force Wilkens, then the U.S. Attorney, to default on a contact to which he never had agreed. The approach sometimes is referred to as “paper terrorism” or “mailbox arbitration.”
A similar approach has been used by litigants in the ASD case.
Screen shot: Joseph Brunson declared last year that then-U.S. Attorney Walt Wilkens was guilty of treason, insurrection and conspiracy to overthow the U.S. government in his efforts to prosecute Brunson.
Brunson wrote in a court filing he described as a “Bill of Peace” that Wilkens had a duty to appear before a notary public and acknowledge Brunson’s assertion of sovereignty in “red ink.” The document demanded that Wilkens use his “Christian name” in his response to Brunson.
A refusal by Wilkens to carry out the demands within three days, Brunson said, would result in a contractual agreement that Wilkens was “an enemy of One and the [U]nited States of America and the people, Constitution, and Government thereof.”
Kenneth Wayne Leaming, also known as "Kenneth Wayne."
BULLETIN: A bizarre lawsuit filed against the U.S. government by AdSurfDaily figures Kenneth Wayne Leaming and Christian Oesch has been dismissed.
In dismissing the complaint, Judge Christine Odell Cook Miller of the U.S. Court of Federal Claims agreed with the government’s contention that the court had no jurisdiction to hear the claim.
The judge described the complaint by Leaming, Oesch and an affiliated company known as MYHUB GROUP LLC as a bid to argue about “an unlawful taking of the forfeited property” in the ASD case, which was heard in U.S. District Court for the District of Columbia.
Meanwhile, the judge ruled that MYHUB GROUP inappropriately sought to act as its own attorney.
Corporations are required to have professional counsel to appear in court, the judge ruled.
ASD President Andy Bowdoin suffered a similar setback last year when he tried to represent ASD pro se in U.S. District Court for the District of Columbia.
Leaming and Oesch appear to have tried to use the U.S. Court of Federal Claims as an appeals court for U.S. District Court for the District of Columbia, while apparently seeking the staggering sum of $29 trillion from a federal judge, three federal prosecutors and a U.S. Secret Service agent involved in the ASD Ponzi scheme forfeiture case.
“Plaintiffs’ challenge took the form of presenting claims issued by Tina M. Hall, a notary public in the State of Washington to officials associated with the forfeitures,” Cook Miller noted in the order of dismissal. “Ms. Hall issued ‘Certificates of Default on February 16, 2010, against these government officials for failure to respond to plaintiffs’ claims ‘in admiralty.’ At this point the complaint deteriorates into rambling.”
The judge also barred Leaming and Oesch from seeking sanctions against the government.
“As an initial matter, this court notes that, during the course of briefing on defendant’s motion, defense counsel has suffered the opprobrium of plaintiffs’ aspersions and disparagement, including charges of unethical practices,” Cook Miller said in the ruling. “Defendant charitably characterizes this argument as hyperbole . . . and the court will lay the matter to rest by denying any request for sanctions that plaintiffs may be making.”
This is actually Post No. 1,007 since the PP Blog switched to the WordPress platform two years ago this month. We’d hoped to commemorate our 1,000th WordPress post in the actual 1,000th post, but missed the chance because of Breaking News concerning the Financial Fraud Enforcement Task Force’s Operation Broken Trust.
The PP Blog's Breaking News graphic was stolen and used in a promotion for Data Network Affiliates (DNA) earlier this year. DNA, which purports to be in the business of helping the AMBER Alert prohram rescue abducted children, now apparently has morphed into a company known as OWOW, which has instructed members to advertise a secret cure for cancer.
Several hours after we reported that the Task Force now was counting investment-fraud victims by the tens of thousands and noting that even deaf people had been targeted in massive scams, we reported that Walmart had joined the “If you see something, say something” terrorism-awareness campaign operated by the Department of Homeland Security (DHS).
Walmart was instantly and savagely pilloried on YouTube, apparently for holding the view that DHS deserved private-sector help in its work to keep America safe. On. Dec. 6, when the PP Blog first observed the DHS video on YouTube announcing the Walmart partnership, the video had received only 310 views. That number now has shot up to 289,657. YouTube posters called DHS Secretary Janet Napolitano names that could peel paint. We’ll leave it at that, except to say that scores of Americans appear to have emerged as kneejerk critics and appear unwilling to view America’s economic well-being within the lens of national security.
Indeed, how safe is America — and the world at large — if fraud victims are being counted in numbers that would fill stadiums and vast sums of wealth are being consumed and disappearing down ratholes? In the Task Force announcement, Attorney General Eric Holder said that, since Aug. 16 alone, cases investigated by the Task Force have uncovered losses of more than $10.4 billion. The schemes affected at least 120,000 victims.
The victims’ count in just this relatively small cluster of cases is more than enough to fill the Rose Bowl in Pasadena or Michigan Stadium in Ann Arbor, America’s largest college-football stadium.
Just prior to our Operation Broken Trust post — in Post No. 999 — we reported that the AdPayDaily autosurf, which has promoters and members in common with both AdSurfDaily and AdViewGlobal, was showing signs of collapse. Flash forward to Post No. 1,002: In this post, we reported that a New York Internet Marketer had been arrested by the U.S. Postal Inspection Service for cyberstalking.
Vitaly Borker apparently believed it prudent to use the Internet to threaten to rape women who had received what investigators described as bogus and inferior-quality goods from him. A fair reading of the complaint against Borker shows that he used the same type of gutter language directed at Napolitano on YouTube — you know, for her apparent High Crime of asking Walmart shoppers to be aware of their surroundings in the Age of Terrorism.
We next reported on a 54-year prison sentence handed down to a former Indiana pastor who duped Christian investors in a Ponzi scheme. After that, we reported that a company that once did business with Steve Renner’s Cash Cards International had been implicated in a massive Forex scheme that affected at least 800 investors.
Renner was the operator of the INetGlobal autosurf, which the U.S. Secret Service said in February was operating a Ponzi scheme affecting thousands of people, including victims of Chinese descent who may have limited ability to understand English. The Secret Service said an undercover agent had been introduced to INetGlobal by an AdSurfDaily member.
On Dec. 8, we reported that a Maryland man had been arrested after the FBI intercepted his plot to detonate a car bomb at a military-recruitment center. A similar plot had been unmasked by the FBI in Portand, Ore., on the day after Thanksgiving. It was aimed at a Christmas tree lighting ceremony, meaning it was aimed at children and families.
Here is one way to look at the alleged Thanksgiving plot: The arrest was announced on Nov. 26. By Dec. 6, crackpots were flooding YouTube with paint-peeling comments about Napolitano and the terrorism-awareness campaign. Two days after that, on Dec. 8, a man was arrested in the Maryland plot. He allegedly also talked about blowing up Andrews Air Force Base, which happens to be the home base of Air Force One, which happens to be the aircraft used by the President of the United States.
We haven’t even written about Wikileaks and the arrest in Britian of Julian Assange. Wikileaks’ sympathizers reacted by bringing DDoS attacks, apparently based on the belief that the best way to show support for Assange was to send out an army of bots to disrupt the websites of businesses that did not support Assange.
By week’s end, Prince Charles and Camilla, the Duchess of Cornwall, were surrounded by a mob unhappy about the skyrocketing costs of getting a college education in the United Kingdom. Civility, it seems, can be cast out the door in a country minute and replaced by the taunts of a mob.
Yesterday, as we again sought to commemorate our 1,000 post, word arrived about the apparent suicide of Bernard Madoff’s son on the second anniversary of his father’s arrest.
There is no doubt — none whatsoever — that Ponzi = Pain. There also is no doubt that the Internet has ushered in an era of unprecedented, mass-produced, viral crime. Criminals have been aided in their nefarious pursuits by crackpots who employ no editorial filters and simply create or repeat lies that institutionalize crime as an occupation and even celebrate it.
At the precise moment in time in which Americans and other citizens of the world could benefit most from serious words and serious research backing those words, some of the world’s great publishing companies are struggling to make ends meet. Print circulation is down. Journalists are losing jobs. Designers and salespeople are losing jobs.
The switch to electronic publishing platforms has been accompanied by piracy, wanton theft and trademark infringement that further erodes the value of words and intellectual property, undermines the economy and adds to concerns about national and international security. People, including well-intentioned people, simply copy-and-paste entire editorial wells from one site to another. The public becomes confused about the original source of material, which often is shoe-horned to fit a specific agenda.
Earlier this year, the PP Blog’s Breaking News graphic was stolen by a member of Data Network Affiliates (DNA), an MLM company that routinely targets promos at Christians and, among other things, has claimed it is helping the AMBER Alert program rescue abducted children. DNA now apparently has morphed into a company known as OWOW, which is asking members to suggest that a product known as TurboMune cures cancer.
This is not “freedom,” as the scammers would have you believe; it is theft and piracy on the high electronic seas, plain and simple. It also often is the case that this specific brand of theft also gets mixed with appeals to faith, meaning the scammers are seeking to pluck heartstrings and separate Believers from their money.
There simply is no way that any government or branch of government can be at all places at all times. Although it is fashionable to describe efforts to battle crime in the Age of the Internet and the Age of Terrorism as an effort by Big Brother to assign each individual citizen his or her own bureaucrat to bring commerce and freedom to a screeching halt, such opinions often are simple rants that lack any real-world context.
Within hours of the PP Blog’s publication of a story about the alleged Portland plot, the Blog was bizarrely assailed by an MLM aficionado for DNA/OWOW as a tool for Israel. Michael Chertoff, a former federal judge, federal prosecutor and DHS secretary, was described as a “suspect” in the 9/11 attacks, which the poster blamed on Israel while calling Chertoff an Israeli scum bag.
As noted above, when Janet Napolitano announced a simple partnership with Walmart to encourage citizens to be aware of their surroundings, she encountered vicious name-calling — and it all happened during the same week yet-another bombing plot was unmasked, the Task Force was noting that America’s largest stadiums were not large enough to accommodate recent victims of financial fraud, DDoS attacks were aimed at companies deemed by third parties to be unfriendly to Wikileaks and the future king of England and his wife were surrounded by an angry mob.
Even if one is willing to assume that Wikileaks seeks to serve a higher, noble purpose, directing DDoS attacks at businesses and government sites hardly helps Assange elicit sympathy or understanding. He lost an important round in the PR war last week, as did the unthinking crowd that assailed Napolitano and the mob that heckled Prince Charles and the Duchess.
The lionization of crackpots of all stripes is rapidly emerging as a dangerous, unintended consequence of the Internet — as are all the tortured claims that MLM products treat or cure cancer, create vast sums of wealth for ordinary participants and the tortured claim that appropriating the names of Walmart and Winfrey and Trump and Buffet and Clinton is just another word for freedom.
Far from promoting freedom, the crackpots and criminals are promoting anarchy. They do not seek to compete in either a free marketplace of commerce or a free marketplace of ideas. Rather, they seek to commit crimes on a global scale and to fill entire stadiums with victims — even as would-be terrorists speculate about throwing cocktail bombs into military-recruitment centers and shooting soldiers and staff as they flee the flames through the doors.
In Portland, meanwhile, the idea was to kill wide-eyed children contemplating the miracles of Christmas and Santa Claus with a fireball that also would consume their parents.
We conclude this 1,000 post commemoration with a simple thought: Death and taxes are not the only two certainties of life. It is equally certain that law enforcement needs the proactive participation of the public more than ever. It is one thing to direct reasonable criticism at agencies and public officials; it is quite another to cheer against the people who are responding to unprecedented security challenges while trying to make sure the stadiums fill up with football fans, not victims.
A surf firm with membership and promoters’ ties to AdSurfDaily may be disintegrating — but is still encouraging participants to send in money, a member said.
“[T]he earnings/payouts nearly [stopped] but of course we were ‘encouraged’ to continue making purchases so that our earnings/payouts could continue as before,” the member said of the surf, which is known as AdPayDaily (APD).
The PP Blog reported in June that members of the pro-ASD Surf’s Up forum were listed as having high positions in APD.
APD’s website was registered on Nov. 18, 2008. That’s just one day before U.S. District Judge Rosemary Collyer ruled that ASD had not demonstrated it was a lawful business and not a Ponzi scheme. APD’s domain-registration date also coincides with a string of registration dates by the so-called ASD clones, including AVG, AdGateWorld and BizAdSplash — all of whose domains were registered after the seizure of ASD’s assets in August 2008 and all of which eventually went missing.
“I feel like we are being strung along to keep on paying in,” an APD member told the PP Blog.
ASD President Andy Bowdoin was arrested last week on charges of wire fraud, securities fraud and selling unregistered securities. Like Bowdoin, APD urged members to keep their faith in the enterprise.
Also like ASD, APD told members in a recent email that it was experiencing “tech issues.”
“Just a note to let everyone know that we’re still working on tech issues in with the Administrative section of our website,” APD wrote last month. “If you have continued to surf you know that the daily payouts are minimal at best and that probably won’t change until we secure the necessary funding.
“In the meantime we’re still working to resolve all issues and we are extremely hopeful that we’ll have everything in order by years end,” the company said. “We will keep you posted with our progress.”
As AdSurfDaily President Andy Bowdoin was explaining to a federal magistrate judge in Florida Wednesday that he’d honestly come by $110 million the government intends to make subject to criminal forfeiture, two other ASD figures were awaiting a ruling by a judge in another venue on whether they could proceed with their bizarre, ASD-connected lawsuit against the U.S. government.
One of the men, Kenneth Wayne Leaming of Spanaway, Wash., described himself in court documents as a “sovereign man.” Records in Washington state show that he once filed a lien against a faith-based Franciscan hospital for $9.24 billion, threatening to attach the money, furnishings and fixtures of the healthcare facility, which serves tens of thousands of patients.
Leaming, who also has a history of filing liens against public officials, has been assessed sanctions totaling at least $15,000 in Washington state for filing bogus claims, according to records. He also has been accused of the unauthorized practice of law.
Leaming and Christian Oesch filed a complaint against the United States in July 2010. The lawsuit, which was filed in the U.S. Court of Federal Claims, appears to be tied to an earlier failed bid by Leaming and Oesch to demand a payment for the astronomical sum of $29 TRILLION from a federal judge, three federal prosecutors and a U.S. Secret Service agent for their actions in the ASD civil-forfeiture cases filed in U.S. District Court for the District of Columbia in 2008.
At a bail hearing Wednesday in Florida after Bowdoin was arrested on federal charges of wire fraud and securities fraud for his operation of ASD, U.S. Magistrate Judge Thomas G. Wilson specifically ordered Bowdoin not to intimidate witnesses, jurors and officers of the court — and not to obstruct the investigation, tamper with witnesses or engage in retaliatory actions against witnesses, victims or informants.
As a condition of bail, Bowdoin was ordered not to commit a federal, state or local crime. Wilson warned him that he could be prosecuted for contempt of court for violating the conditions of his bail.
Bowdoin, 76, was granted bail after he told Wilson that he had a heart condition, diabetes and high blood pressure — and that he gives his wife medication because she has a brain tumor. He noted that he looked forward to going on trial in Washington, D.C., on the charges for which he was arrested on Wednesday, and had lined up experts to testify on his behalf.
Prosecutors argued that Bowdoin should be jailed, saying he was a flight risk, has ties to international countries, potentially could acquire false travel documents and has a large amount of money available to relocate.
Wilson set bail at $350,000. Bowdoin was freed after bail was secured by two properties in his wife’s name and a relative agreed to post a surety bond. Bowdoin was ordered to surrender his passport and not to travel outside the Northern and Middle Districts of Florida and the District of Columbia. He was further ordered to report by telephone to the federal Pre-Trial Services Agency in Tampa each Wednesday by 4 p.m., except for when he is attending court in the District of Columbia.
His first appearance in Washington is set for Dec. 17 at 1:45 p.m.
In June 2010, the PP Blog learned yesterday, Leaming and Oesch prepared documents that demanded payments totaling more than $29 TRILLION from U.S. District Judge Rosemary Collyer; Jeffrey A Taylor, the former U.S. Attorney for the District of Columbia; Vasu B Muthyala, an assistant U.S. Attorney; William Cowden, a former assistant U.S. Attorney and Roy Dotson, an active-duty agent with the U.S. Secret Service.
According to a document obtained by the Blog, the public officials were sent “invoice billing statements” for the purported debt.
Collyer, the presiding judge in the ASD forfeiture cases, had issued two final orders of forfeiture earlier this year. She later blocked Leaming and Oesch from filing documents in the ASD case.
Collyer’s name was misspelled as “Collier” in the payment demand, which was made in the form of a “Notice of Final Determination and Judgment.” The bizarre document sought a sum that would more than double the U.S. Gross Domestic Product in 2009. The precise sum demanded from the public officials was twenty-nine trillion, four-hundred-forty-four billion, one-hundred-one-million dollars — “PLUS interest and compounded penalties.”
Gross Domestic Product, or GDP, is the monetary value of all the finished goods and services produced within the borders of an entire country during an entire year. GDP for the United States in 2009 was about $14.25 trillion, meaning that Leaming and Oesch sought to collect from five public servants a sum that was more than twice the production output of the entire U.S. economy last year.
Leaming and Oesch said they defined $1 as “one ounce of .999 fine silver, or a pre-1964 United States Silver Dollar, whichever value is greater.”
In 2009, silver production in the United States totaled only 1,230 tons with an estimated value of $520 million, according to the U.S. Geological Survey.
The men said they’d accept U.S. “fiat currency” for payment if it was tied to the “spot price for silver as established on the date of tender at London, England.”
When the public officials did not cede to the payment demand, Leaming and Oesch appear to have turned to the U.S. Court of Federal Claims to enforce it, in effect arguing that Collyer, Taylor, Muthyala, Cowden and Dotson had defaulted on a contract.
Such scorched-earth litigation has been referred to as “paper terrorism.” As part of the apparent strategy, Leaming and Oesch also sought to force the government to post a bond of $100 billion and to “Cease and desist in all investigation and harassment of ASD, its officers and staff, and its member/distributors FOREVER.”
The U.S. Department of Justice responded by filing a motion to dismiss the complaint filed by Leaming and Oesch in the U.S. Court of Federal Claims, arguing that the court had no jurisdiction over ASD-connected forfeiture matters, that Leaming and Oesch were trying to use the claims court as an appeals court and that neither man had standing in the forfeiture actions.
The Justice Department pointed out that Leaming is not a licensed attorney and had been accused in 2005 by the Washington state Law Practice Board of engaging in the unauthorized practice of law.
In 2009, Leaming filed a lien against St. Clare Hospital, a Franciscan facility in Lakewood, Wash., for more than $9.24 billion. The lien sought to attach the hospital’s money, furnishings and fixtures, according to records.
AdSurfDaily President Andy Bowdoin appeared before a federal magistrate judge in Florida after his arrest yesterday on charges of wire fraud, securities fraud and selling unregistered securities, the PP Blog has learned.
Bail for Bowdoin was set at $350,000. The bail was secured by two properties and a surety bond from a relative. Bowdoin was released after posting it.
No date has been set for the arraignment. Because Bowdoin was arrested in Florida on charges filed in the District of Columbia, the initial proceedings were conducted by a federal magistrate judge in Florida.
History was made yesterday. “Wink-nod” marketing deceptions — the use of disingenuous language supplemented by willful blindness in the cancerous autosurf and HYIP trades to create plausible deniability — were pronounced dead by a grand jury sitting in the District of Columbia.
Members of the insidious trade can thank ASD President Andy Bowdoin for the much-anticipated pronouncement.
The grand jury, which began meeting in May 2009 and returned an indictment against Bowdoin that was unsealed yesterday, repeatedly referred to Bowdoin’s alleged wink-nod wordplay and incongruous claims to hide his massive international Ponzi scheme.
Want to position yourself as a man of God from a stage in Las Vegas (or in any city or home office) and tell your audience that you are a “money magnet” — and then plant the seed that audience members can become “money magnets” just like you if they turn over their cash to you?
It’s time for autosurf purveyors to anticipate that a grand jury just might have something to say about it on a time and date uncertain. Bowdoin’s grand jury handed him back his “money-magnet” line repeatedly. Federal agents arrested Bowdoin yesterday in Florida. His booking and bail status still are unclear hours after his arrest. The government previously argued that Bowdoin was a flight risk who had moved money offshore and now says he faces up to 125 years in federal prison.
And what if you’re an autosurf aficionado and want to use wordplay to tell the troops that they’re not purchasing an investment in the form of an unregistered security — but instead are purchasing “advertising” in the form of “ad packages” (or a similar phrase) you’ve concocted to mask the nature of your “program?”
Well, the grand jury had an answer for that one, too: Charge the fraudster with felonies.
Want to tell the troops that your “program” has passed muster with the SEC and does not need to concern itself with registering when the claims are untrue? The grand jury had an answer for that one, too: Charge the fraudster with felonies.
Among the grand jury’s conclusions was that Bowdoin, who’d previously been charged twice with securities offenses and modeled ASD after the 12DailyPro securities, fraud and Ponzi scheme, was blowing smoke to tens of thousands of people at a time.
KABOOM! “Wink-nod” was blown to bits yesterday.
Want to create an incongruous condition in which people are standing in line for hours at “rallies” to purchase “ad packages” that pay “rebates” of up to 150 percent and an “instant bonus” on top of the “rebates” just for signing up?
The grand jury had an answer for that one, too: Charge the fraudster with felonies.
Want to counsel members on how they should refer to the “program” and what words to avoid when presenting the “program” to others? Want to be like Bowdoin and send an email that says, “[L]et’s don’t (sic) use the words investment and returns. Instead, lets (sic) use ad sales and surfing commissions. The Attorney Generals in the U.S. don’t like for us to use these words in our program?”
The grand jury had an answer for that one, too: Charge the fraudster with felonies.
KABOOM! “Wink-nod” was blown to bits yesterday.
Will autosurf forum life ever be the same? Not a chance, except among a core group of serial criminals. The grand jury signed off on a document that neatly exposes “wink-nod.” The next time a forum “expert” cautions posters not to call a surf program an investment, autosurf critics can point out that Bowdoin said the same thing — and that his words got him indicted.
At the very same Saturday “rally” in Las Vegas at which Bowdoin called himself a “money magnet” and encouraged others to become “money magnets” by giving him their cash, Bowdoin implored members not to miss a fabulous opportunity to hand him a virtually unlimited sum in the final hours before the company would enforce a $50,000 “cap” beginning on Monday, according to the grand jury.
Handing him any more than $50,000 beyond Monday might bring out the regulators, Bowdoin ventured, pointing out that “there are so many people that want to come in now and want to purchase two hundred thousand, three hundred thousand, half a million and a million dollars . . .”
The grand jury pointed out that Bowdoin, incongruously, was selling advertising to people who did not even own businesses to advertise in the ASD “rotator.”
After observing any number of incongruities associated with ASD and its use of wordplay to skirt securities laws, the grand jury had a message for the whole of the autosurf and HYIP worlds: Charge the fraudsters will felonies.
It was the beginning of the end for wink-nod promoters — and it occurred in no small measure due to the efforts of the U.S. Secret Service, an agency Bowdoin and his apologists compared to “Nazis” and “Satan” after telling a Las Vegas crowd to plunk down unlimited sums on Saturday because he was lowering the limit to $50,000 on Monday.
Bowdoin’s theory behind enforcing a cap was that $50,000 might be a low enough sum to keep ASD under the radar, according to the grand jury.
Only in the incongruous world of the autosurf could someone sell himself on the notion that limiting purchases to $50,000 on Monday somehow created a safety buffer for others who plunked down higher sums two days earlier. Only in the incongruous world of the autosurf could someone instruct members to “act fast” and plunk down more than $50,000 on Saturday because the safety buffer would be enforced two days later.
And wink-nod also began its race to the Internet graveyard in no small measure due to the efforts of William Cowden, now in private practice — but once a federal prosecutor and the chief of the Asset Forfeiture Division in the U.S. Attorney’s Office in the District of Columbia.
Cowden was the man some ASD members loved to hate. They called him “Gomer Pyle” on the pro-ASD Surf’s Up forum. They called him a “goon.” They called him “Crowden.” They called him “Cow-dung.” They called for a “militia” to storm Washington. They said Cowden should be placed in a torture rack. They “prayed” for God to strike Cowden and other federal prosecutors dead.
And then they called themselves Christians.
In the months that followed, the Secret Service, Cowden and others at the Justice Department set the stage for the complicated nature of autosurfs and HYIPs to be both understood and rejected by a grand jury that assessed ASD’s wordplay and the sea of incongruities and decided that felonious self-indulgence needed to be dealt with by returning felony indictments and destroying wink-nod.
Indeed, history was made yesterday. It was the day “wink-nod” died, the day the music died for “money magnets” and autosurf scammers on stage and in home offices and online forums everywhere.
Kenneth Wayne Leaming, also known as "Kenneth Wayne" and "Keny."
UPDATED 5:52 P.M. ET (U.S.A.) A Washington state man emerging as a figure in the AdSurfDaily forfeiture case claimed a small town targeted him for “DEATH” and threatened to kill him by “HUNTING” him down “in screaming packs and mobs” and using “several armed street gangs” that served as police, according to records.
Kenneth Wayne Leaming of Spanaway filed a lien for $10 million in 2009 against the city of Puyallup, Wash., in the case. Among the claims were that Puyallup engaged in terrorism by controlling “multiple electronic broadcast media” and employing police who used “chemical and biological weapons,” “machine guns” and “explosives.”
The lien was notarized by Tina M. Hall, a Leaming business associate and another emerging figure in the ASD case. Hall’s notary license was revoked last month. Leaming has been linked by the Anti-Defamation League to an “extremist group” known as “Little Shell Pembina Band of North America.”
Puyallup is a city of about 33,000 in Pierce County.
Pattern Of Filing Astronomical Liens
In a separate case in which Leaming’s name is referenced as a co-defendant with Janice Kay Bryson, a lien for more than $19 billion was placed against several individuals and the city of Fife, Wash., another small town in Pierce County. Records show that Leaming has been assessed sanctions of at least $15,000 in Washington state for filing false liens.
Fife has a population of about 4,800. Puyallup, named in the $10 million lien, somehow also became a party along with Fife in the $19 billion lien.
Lien For Billions Filed Against Hospital With Historic Roots To St. Francis Of Assisi And The Order Of Poor Ladies Founded By St. Clare
Leaming also filed a bogus lien for $9.2 billion against St. Clare Hospital, a faith-based facility in Washington state that admitted 6,995 patients, handled 48,363 patient visits to its Emergency Department and received 26,114 outpatient visits during the 2008 fiscal year.
Hall also affixed her notary seal to the lien against St. Clare, which is operated by Franciscan Heath Systems and traces its faith-based healthcare mission in Washington state to 1891.
The Franciscan Order is named after St. Francis, known the world over as St. Francis of Assisi, who died 784 years ago, in 1226, after rejecting earthly wealth and living in poverty as a street preacher. He is one the most revered figures in the annals of Christianity.
One of the first followers of the man who became known as St. Francis of Assisi was Chiara Offreduccio. She became known as Clare of Assisi and, after being elevated to sainthood, St. Clare. Clare of Assisi was the founder of the Order of Poor Ladies which, like the Franciscan Order, rejected earthly wealth. The Order of Poor Ladies went on to become known as the Order of St. Clare, known the world over as the “Poor Clares.”
Leaming sought to attach “all tangible and intangible property” of the St. Clare Franciscan facility, including its money, furnishings and fixtures, according to records. St. Clare was Leaming’s community hospital in Spanaway. Ironically, AdSurfDaily members had positioned ASD in promotional materials as the invention of a Christian “genius” and an attractive way for people of faith to make enormous sums of money by clicking on advertisements for less than 20 minutes a day.
Members who recruited other members were paid commissions of 10 percent. Commissions for second-level recruits in the MLM scheme were set at 5 percent. ASD member and purported company “trainer” Robert Fava claimed in a testimonial that he made $1,000 a day from ASD.
ASD President Andy Bowdoin, speaking at an event in Las Vegas in May 2008, exhorted attendees to “to have an attitude of gratitude with God” and imagine themselves in possession of “a big check coming in from AdSurfDaily.” Bowdoin thanked God from the stage for developing him into a “money magnet.”
Video from the Las Vegas event shows members standing in line to turn money over to ASD — and employees placing paperwork into plastic baskets. By Aug. 1, 2008, about two months after the Las Vegas gathering, the U.S. Secret Service seized tens of millions of dollars from 10 personal bank accounts held by Bowdoin, amid allegations of money-laundering, wire fraud and operating a Ponzi scheme. Court filings placed the amount seized from Bowdoin at $65.8 million.
One of his personal accounts contained more than $31.6 million; another contained more than $23.7 million. Prosecutors said ASD was not Bowdoin’s first brush with the law. In the 1990s, he pleaded guilty to felonies that flowed from an Alabama securites caper, avoiding prison by agreeing to make restitution to victims.
About $14 million more under the control of Clarence Busby and an ASD-related company known as Golden Panda Ad Builder also was seized by the Secret Service. The abbreviation “Rev.” was attached to Busby’s name 120 times in an ASD-related court filing that accused the company and unnamed co-conspirators of racketeering.
Busby was accused by the SEC in the 1990s of participating in three prime bank schemes in which investors were promised enormous returns that did not materialize.
Why Leaming, who acknowledges an “Almighty Creator” only known as “I am” in documents that identify Leaming as “Postmaster,” would seek to vex and bankrupt a faith-based hospital and two small towns in Washington state is unclear.
Also unclear is why any ASD member would put faith in the purported legal skills of Leaming, who was accused of the unauthorized practice of law in the state five years ago and was the subject of a protection-from-abuse order filed by a notary public who claimed he coerced her into notarizing documents.
At least two notaries public have lost their licenses in Washington state after performing work for Leaming, according to records.
At Least 3 ASD Filers Have Leaming Ties
Excluding himself, Leaming now has been linked to at least three people who either filed or attempted to file documents in the ASD case: Hall, Christian Oesch and Kathryn E. Aschlea.
On June 11, 2010, Aschlea was blocked by U.S. District Judge Rosemary Collyer from filing a document styled “Claim by Notary Presentment/Acceptance” in the ASD forfeiture case in the District of Columbia.
The nature of the blocked filing is not publicly known.
Records in Washington state identify a woman by the same name as a notary public. Meanwhile, Kathryn Aschlea is listed as a business partner of Kenneth Wayne Leaming in a venture known as FAN NW LTD INC. Aschlea is listed as a “governing person” and vice president of the firm, with Leaming — shortening his name to “Kenneth Wayne” by dropping the surname “Leaming” in the registration — listed as president and a “governing person.”
The unsuccessful bid to file in the ASD case occurred more than five months after Collyer issued a final order of forfeiture that granted the government title to the money seized by the U.S. Secret Service from Andy Bowdoin. Collyer signed an order in July 2009 that awarded the money seized from Busby’s Golden Panda to the government.
Federal prosecutors announced more than two years ago that money declared forfeited would be used to compensate victims.
Prosecutors brought the forfeiture case to enforce wire-fraud and money-laundering laws, according to court records. A racketeering statute also is referenced in the forfeiture complaint.
Collyer has consistently ruled that nonparty claimants have no standing in the ASD case.
On July 2, 2010 — nearly six months after Collyer issued the final forfeiture order and four months after Bowdoin appealed it — Collyer blocked Leaming and Christian Oesch from filing a document styled “Notice of Final Determination and Judgment by Christian Oesch and Kenneth Wayne.”
Like Aschlea and Hall, Oesch has a business tie to Leaming. A Leaming company known as AMERICAN INTERNATIONAL BUSINESS LAW INC. is listed as the registered agent for an Oesch-controlled company in Washington state known as HUMAN ECONOMIC RESOURCE SOLUTIONS LTD.
Records list Hall as vice president of AMERICAN INTERNATIONAL, with Leaming as its president.
Records suggest that within days of the July 2 docket entry in which Collyer blocked “Kenneth Wayne” and Oesch from filing the document styled “Notice of Final Determination and Judgment,” Leaming set the stage for ads positioning him as an “attorney” or “lawyer” to appear online. Those ads were removed by Justia.com, Oyez.org and Cornell University Law school earlier this month, after questions were raised about whether Leaming was a licensed attorney.
Records show there have been multiple complaints about Leaming engaging in the unauthorized practice of law in Washington state. At least one of the complaints came from a woman who lost her notary’s license in 2005 as a result of notarizing documents on Leaming’s behalf, according to records.
The woman also filed for a protection-from-abuse order against Leaming, according to records maintained by the Washington State Bar Association, which redacted the woman’s name in a 2005 letter to Leaming that accused him of the unauthorized practice of law.
Records at the U.S. Court of Federal Claims show that “Kenneth Wayne” and Christian Oesch filed a complaint against the United States on July 23, 2010, about three weeks after Collyer rejected their bids to file a document on the ASD docket in U.S. District Court for the District of Columbia.
A public link to the complaint is not available. The docket, however, shows that the U.S. Department of Justice has filed a motion to dismiss the complaint. Whether Leaming and Oesch even can establish that the U.S. Court of Federal Claims (COFC), which typically hears contract disputes in a limited number cases in which the government waives sovereign immunity, has jurisdiction to hear an ASD-related dispute is far from clear.
Leaming is listed as an “agent” for “MYHUB GROUP LLC” on the COFC docket. A company by that name is listed in Nevada records as in “default,” with Christian Oesch as its manager.
Earlier this month, some ASD members received an email that referenced “MYHUB.” The email appeared to be a compendium assembled by ASD member Sara Mattoon. The same email referenced a purported “legal opinion” by “Keny.”
“Keny” is a nickname used by Leaming.
The email asserted that ASD members who filed a restitution claim through Rust Consulting, the government-approved claims administrator, might face a lawsuit from a group of ASD members.
“Again, we are asking that our Claimants do not engage in the DOJ’s Remission Process, as long you want to maintain being part of our Group Claims whatsoever,” the portion of the email attributed to MYHUB read in part. “If you are indeed wanting to eat on the other side of the fence, you must let us know before you submit anything to the DOJ, without causing us potential harm and further damages. In case you were to fail to notify us, we would have a possible claim against you, and that’s not what you want us to do in the first place.”
Kenneth Wayne Leaming, also known as Kenneth Wayne.
UPDATED 8:03 A.M. ET (U.S.A., Nov. 23) A Washington state notary public stripped of her license last month notarized a purported “admiralty” lien for the colossal sum of $9.24 billion against Franciscan Heath Systems, the faith-based operator of St. Clare Hospital of Lakewood, Wash., according to records.
The Franciscan tradition in Washington state traces its roots to 1891, when the Sisters of St. Francis of Philadelphia founded St. Joseph Hospital in Tacoma. St. Clare is a 106-bed facility that serves Lakewood, Spanaway, Steilacoom, DuPont, University Place and other communities in Pierce County, according to records.
The purported lien, acknowledged with the seal of notary Tina M. Hall, was in favor of her business colleague, Kenneth Wayne Leaming, according to records in Pierce County.
Both Hall and Leaming are listed as officers of American International Business Law Inc., a Spanaway company some members of Florida-based AdSurfDaily say is performing legal work on their behalf.
U.S. District Judge Rosemary Collyer of the District of Columbia has blocked bids by both Hall and Leaming to file pleadings in the ASD case. Hall lost her notary license last month after notarizing a string of bizarre documents in Washington state. The nature of the documents she sought to file in the ASD case, which is being prosecuted in the District of Columbia, has not been disclosed publicly.
Some ASD members have said they intended to pursue an admiralty claim against the government.
Leaming, using the notary services of Hall, sought in June 2009 to attach “all tangible and intangible property” of the hospital, including its fixtures, furnishings, motor vehicles, bank accounts, passbooks, saving certificates, stock certificates, lines of credit, inventories, promissory notes, office equipment, educational equipment — and even its mineral and water rights, according to records.
Hall’s license was revoked about 14 months later. The precise reason for the revocation — and whether the documents filed against the hospital played any role in the revocation decision — was not immediately clear.
Other records show that Hall has filed similar documents on Leaming’s behalf in other cases. One of them was for $10 million against members of the City Council of Puyallap, Wash.
Hall also notarized documents for other clients, including a filing styled an “Affidavit of Alternative Obligation” for $100 million against a bank dubbed an “agent” for the Internal Revenue Service.
Such scorched-earth filings have been referred to in other cases as “paper terrorism,” a litigation approach that is designed to rattle the nerves of judges, prosecutors, attorneys and courtroom opponents. ASD member Curtis Richmond has been associated with such filings in a separate case in Utah. In the Utah case, Richmond was among a group of litigants sued successfully for racketeering after a purported “Indian” tribe with which they were involved placed a bogus lien against a county prosecutor for $250 million.
Leaming, who was accused in 2005 of the unauthorized practice of law in Washington state, was dubbed “Postmaster” in the bizarre filing against Franciscan Heath Systems, the hospital, Pierce County Court Commissioner Mark Gelman and others.
Members of law enforcement were expressly warned in the notarized document not to attempt to “negate” Leaming’s wishes to attach the property of the hospital and others. Parties who attempted to interfere “shall be deemed outlaws and/or felons and shall be prosecuted,” according to the filing.
If filing liens against a hospital that has the responsibility for tending to the needs of entire communities were not enough, Leaming also filed liens or claims against the Washington State Bar Association, members of the Practice of Law Board and others.
These liens were styled “commercial liens” or “admiralty” claims or “international claims.” On Oct. 16, 2009, a judge ruled them null and void and ordered Leaming to pay the attorneys’ fees and court costs of his targets. The judge also imposed a $10,000 sanction against Leaming to be paid to the Washington State Bar Association’s Lawyer’s Fund for Client Protection.
See earlier story about the revocation of Hall’s notary license for “professional misconduct.”
See earlier story about ads listing Leaming as an attorney being pulled from prominent websites.
See earlier story about threatening email received by some ASD members.
The PP Blog will publish a Special Report on bizarre events associated with figures in the AdSurfDaily case soon. We anticipate that the report will be published within the hour.
Four egg-themed domain names used to drive business to HYIPs that ended in spectacular flameouts and foreshadowed a warning from the Financial Industry Regulatory Authority (FINRA) have gone missing.
The domains — including one that redirected to an HYIP site known bizarrely as Cash Tanker, which used an image of Jesus Christ to promote a purported payout of 2 percent a day — first were promoted on the pro-AdSurfDaily Surf’s Up forum by a poster who used the handle “joe” in December 2009.
The egg-themed promo featured a pitch that HYIP participants were wise to spread risk by not keeping all of their eggs in “ONE BASKET.” It also hawked Gold Nugget Invest (7.5 percent a week); Saza Investments (9 percent a week); and Genius Funds (6.5 percent a week).
Despite an active criminal investigation into the business practices of ASD President Andy Bowdoin and alleged co-conspirators — and despite a RICO lawsuit filed by members against Bowdoin and repeated warnings from various regulators about the dangers of HYIPs and autosurfs — the egg-themed promo claimed in all-caps that “I MAKE 2000.00 A WEEK” and directly solicited ASD members to part with their money.
One Surf’s Up member dissed critics of the promo, calling them “dead wrong.”
“I also make a lot of money from those four and your remarks tell me you don’t know anything about them,” the member claimed. “[T]hey are very reputable [companies] who have been around for years….and the money is NOT made from ‘new’ people’s money….google them and look at various forums and see what others have to say about them….I don’t even know Joe, but I can vouch for the programs!”
A series of spectacular collapses that consumed each of the HYIPs then followed over a period of just weeks, demonstrating that spreading risk across multiple HYIPs by putting eggs in multiple HYIP baskets was spectacularly poor advice that had produced a recipe for financial disaster.
In July, FINRA said that Genius Funds cost investors about $400 million. The regulator launched a public-awareness campaign, one component of which was an ad campaign on Google designed to educate and inform the public about HYIP fraud.
“Open the cyber door to HYIPs, and you will find hundreds of HYIP websites vying for investor attention,” FINRA said. “It is a bizarre substratum of the Internet.”
Records show that the government of Belize had issued a warning about Gold Nugget Invest nearly a month before the egg-themed promo had appeared on Surf’s Up and at least two members had vouched for the program.
FINRA also pointed to criminal charges filed by the U.S. Postal Inspection Service in May against Nicholas Smirnow, the alleged operator of an HYIP Ponzi scheme known as Pathway To Prosperity that fleeced more than 40,000 people across the globe out of an estimated $70 million.
Using baffling prose, a purported GNI manager claimed the program ended after it had attempted to gain “a crystal clear vision of our financial vortex” during the fourth quarter of 2009.
After the collapse of the programs in the original egg-themed pitch on Surf’s Up, the domains then were set to redirect to other HYIPs.
Some ASD members later turned their attention to promoting MLM programs such as Narc That Car/Crowd Sourcing International (CSI), Data Network Affiliates (DNA) and MPB Today. CSI and DNA purport to be in the business of paying people to write down the license-plate numbers of cars for entry in a database. MPB Today purports to be in the grocery business.
DNA, which once instructed people of faith that it was their “MORAL OBLIGATION” to hawk a purported mortgage-reduction program offered alongside the purported license-plate program, now appears to have morphed into a program known as One World One Website or “O-WOW.”
An email received by members of the O-WOW program this weekend purported that a man suffering from terminal thyroid cancer had derived benefit from an O-WOW product known as “TurboMune” and that members somehow can earn “24% Annual Interest on their money” by giving it to O-WOW.
If members don’t pay O-WOW before Nov. 30, they’ll earn a lower rate of interest (18 percent), according to an email received by members.
Like DNA, O-WOW is associated with Phil Piccolo. During a radio program in August, Piccolo threatened critics with lawsuits and planted the seed that he could cause critics to experience physical pain. DNA has an “F” rating from the Better Business Bureau. So does CSI. So does United Pro Media, a company formerly operated by MPB Today’s Gary Calhoun.
In a case that features elements remarkably similar to the AdSurfDaily litigation, a federal judge in South Carolina has sentenced three defendants in the “3 Hebrew Boys” fraud case to a combined total of 84 years in prison.
