Tag: Alana Holsted

  • ASD-LIKE LITIGATION PLAYBOOK BACKFIRES: Washington State Man Indicted For Placing Fraudulent Liens Against Prosecutors, IRS Agent; Ronald James Davenport Faces Decades In Prison If Convicted

    EDITOR’S NOTE: This is a post in which the introduction is longer than the actual story (below). The story demonstrates the dangers of jumping on bandwagons before giving them careful thought.

    Longtime readers of the PP Blog will recall our coverage of Curtis Richmond, “Professor” Patrick Moriarty and ASD Members International (ASDMI). Each was a mainstay in the AdSurfDaily autosurf Ponzi scheme case.

    Richmond, a member of a sham Utah “Indian” tribe, was sued successfully in 2008 under federal racketeering statutes for being part of a group that placed enormous financial judgments against Utah public officials in performance of their duties. The judgments were bogus. Richmond and other members of the sham tribe were ordered to pay damages and penalties totaling more than $108,000.

    Richmond has described himself in court filings as a “sovereign” being answerable only to Jesus Christ.

    Moriarty, now in federal prison in Missouri after pleading guilty in January to filing a false tax return, advocated Richmond’s legal theories in the ASD case. Among other things, Moriarty, who claimed to be skilled in the art of “karma restoration” and once sold fake academic degrees on eBay by explaining they were gag gifts, was part of a group — ASDMI — whose membership roster consisted of members of the now-defunct Surf’s Up forum.

    ASDMI came out of the gate by announcing a scorched-earth legal campaign against the government for its seizure of tens of millions of dollars in the ASD case. At least two federal prosecutors and at least one Secret Service agent became targets of a hectoring campaign that involved the use of certified mail. Surf’s Up championed the campaign, which was designed to demand a litigation result from the government by trapping the recipients of the certified mail into a contract to which they never agreed. The approach, which also was used by the sham Utah tribe in litigation separate from the ASD case, sometimes is known as “paper terrorism” or “mailbox arbitration.”

    Surf’s Up also championed a secondary campaign to write letters to Sen. Patrick Leahy, chairman of the Senate Judiciary Committee. Surf’s Up described the ASD case as a legal “travesty that was committed against the 100,000-plus members of ASD by US attorneys Jeffrey Taylor and William Cowden.”

    Richmond, fresh from his RICO rebuke in “Indian”-related litigation in Utah, then became a mainstay in the ASD case. He filed a series of pro-se pleadings accusing U.S. District Judge Rosemary Collyer and the prosecutors of crimes and threatening prosecution and lawsuits under federal racketeering statutes.

    Some ASD members cheered the filings. Richmond was dubbed a “hero” on Surf’s Up, and also on a forum some of the Surf’s Up Mods established to promote the AdViewGlobal (AVG) autosurf, which had close ASD ties. One of Richmond’s motions claimed that actions by Collyer, a court clerk and two prosecutors prevented an ASD member named Alana Holsted from “Collecting on an Entry of Default Affidavit for $30 million for each Defendant.” In the Utah “Indian” case, Richmond tried to force the federal judge presiding over the litigation to step down by claiming the judge owed him $30 million.

    It is believed that bogus payment claims against Collyer, the prosecutors and the court clerk by some pro-se litigants in the ASD case totaled at least $120 million. It is unclear if overt steps were taken to formalize the purported judgments by filing liens against the judge, the clerk and the prosecutors.

    Previously Richmond had been linked to a scheme to imprison federal judges and litigation opponents and had been declared in contempt of court in California for threatening and trying to intimidate judges.

    Although the story about Ronald James Davenport is not related to the ASD case, it demonstrates the risk of some of the approaches advocated by Richmond, Moriarty and ASDMI — and it shows the utter madness of the advocacy of the Surf’s Up forum. It was the type of advocacy that can land followers in prison for decades.

    Here, now, a brief on Ronald James Davenport . . .

    A Washington state man faces up to 40 years in prison if convicted on charges of filing fraudulent liens against a U.S. Attorney and other government officials, the U.S. Department of Justice said.

    Bogus liens filed by Ronald James Davenport of Deer Park sought the spectacular sum of nearly $5.2 billion from each of the officials, including U.S. Attorney James McDevitt of the Eastern District of Washington, an assistant U.S. attorney, a court clerk and an IRS agent, according to court records.

    Prosecutors described Davenport as a “tax defier.” Davenport has described himself in court filings as a “sovereign.”

    In a civil case that preceded the criminal indictment against Davenport, Senior U.S. District Judge Justin L. Quackenbush ruled last month that the liens “were filed to retaliate against the officers for their good-faith efforts to enforce the tax laws against Mr. Davenport.”

    Quackenbush struck the liens, which were filed in the form of UCC Financing Statements with the Washington State Department of Licensing, according to records. The liens not only were fraudulent, but also contained “sensitive personal information” that violated privacy laws, the judge ruled.

    Davenport also filed instruments dubbed “Notice[s] of Claim of Maritime Lien” with the Spokane County Auditor’s Office, according to records. Those, too, were struck.

    The government sued Davenport civilly in 2008 “to collect delinquent income taxes,” prosecutors said.

    Records show that Davenport responded by filing liens against the officials.

    “The indictment alleges that in retaliation for attempting to collect the delinquent taxes, Davenport made a series of fraudulent claims in December 2009,” prosecutors said.

    “Davenport filed liens against the property of these government officials, falsely claiming that each of them owed Davenport $5,184,000,000,” the Justice Department said.

  • Two New Motions To Intervene Filed In ASD Case

    Using the Curtis Richmond litigation blueprint, two new motions to intervene have been filed in the AdSurfDaily forfeiture case.

    The motions were filed by Ronald Breckenfelder of Littleton, Colo., and John R. Moore of Ames, Iowa. The motions accuse U.S. District Judge Rosemary Collyer, U.S. Attorney Jeffrey A Taylor, and Assistant U.S. Attorney William Cowden of committing crimes.

    In addition, the motions accuse the judge, the prosecutors and Chief Judge Royce Lamberth of conspiring to deny ASD members justice. Collyer and Lamberth specifically were accused of operating a “Kangaroo Court.”

    As was the case in two previous motions to intervene, including a motion filed by Richmond himself, Collyer placed a hand-written note on the cover pages of the motions.

    “Let this be filed,” she wrote. Collyer has used the exact same wording on each of four motions to intervene filed in the ASD case in recent weeks.

    The documents order Collyer to set aside the ASD forfeiture within 30 days or face criminal or civil prosecution.  At the same time, court documents filed with the motions include a list of demands made on prosecutors and Agent Roy Dotson of the U.S. Secret Service to produce “Legal Evidence” within seven days or face legal action.

    Richmond is associated with a sham Utah Indian tribe that has been successfully sued under racketeering statutes for bringing vexatious legal proceedings against judges, prosecutors and police officers. He also has been convicted of contempt of court for threatening federal judges.

    The tribe is known derisively as the “Arby’s Indians” because it once held a meeting in an Arby’s restaurant in Provo, Utah. A sham “Supreme Court” set up by the tribe used the address of a conference room attached to a doughnut shop in Utah as its chambers.

    One prong of the “Indian” strategy is to place enormous judgments against public officials in a bid to extort a litigation result. Recent motions in the ASD case that have used the Richmond blueprint have said an ASD member by the name of Alana Holsted has been prevented from collecting on a $30 million judgment because of conspiratorial actions by the judge and prosecutors.

    The Holstead claim appears to seek a total of $120 million in judgments for the alleged offenses of Interference With Commerce and Interference With Interstate Commerce.

  • BREAKING NEWS: Following Richmond’s Lead, Second Motion To Intervene Filed In AdSurfDaily Forfeiture Case

    UPDATED 11:23 P.M. EST (U.S.A.) Using a blueprint by Curtis Richmond, an Iowa resident has filed a motion to intervene in the AdSurfDaily case.

    As was the case with Richmond’s motion last week, U.S. District Judge Rosemary Collyer added a hand-written note to the cover page of the motion.

    “Let this be filed,” Collyer wrote.

    The motion was filed by Aaron Wilkey, president of Tingley Chiropractic Center and M.H.M. Inc. of Tingley, Iowa. “M.H.M.” stands for “Midwest Healing Ministries.”

    Richmond’s motion last week was filed on behalf of Pacific Ministry of Giving International Inc.

    M.H.M. purchased $73,000 in ASD “ad packs” between May 13 and June 15, 2008 to advertise Vemma, according to documents filed along with the motion. Tingley Chiropractic, which also advertised Vemma, purchased $5,000 in ASD “ad packs” on June 15.

    Vemma calls itself “quite possibly the most powerful liquid antioxidant program in the world!” Vemma is sold MLM-style.

    Wilkey did not explain how the two entities that spent a combined $78,000 to advertise Vemma expected to recapture the expense. But at ASD’s advertised rate of return of 1 percent per day, the firms would have shown a paper return of $780 a day, whether or not they sold a single product as a Vemma affiliate.

    M.H.M. Also Contributed To ASDMBA

    Although Wilkey used the shell of Richmond’s motion to file his motion, he appears also to have had a Plan B.

    M.H.M.’s name is listed as a $100 contributor (Aug. 21, 2008) to the ASD Members Business Association (ASDMBA) Trust-Legal Fund. Aaron Wilkey also is listed in ASDMBA documents as an individual contributor to the Trust in the amount of $100 (Aug. 14, 2008). The names and amounts appear on Page 9 of an ASDMBA list of contributors. The ASDMBA contributor’s list is dated Dec. 22, 2008.

    ASDMBA was one of at least three entities that collected money from ASD members and announced intentions to enter the litigation. Some ASDMBA members have challenged Bob Guenther, who helped organize ASDMBA, to explain in precise detail how ASDMBA spent the money it collected from ASD members and to explain precisely how the organization intends to proceed. No ASDMBA litigation has been filed, but ASDMBA representatives did meet with federal prosecutors in Washington.

    Wilkey’s Claims

    As was the case with Richmond’s filing, Wilkey’s filing accuses Collyer, Clerk of the Court Nancy Mayer-Whittington, U.S. Attorney Jeffrey A. Taylor and Assistant U.S. Attorney William Cowden of conspiring to deny ASD members justice.

    It also accuses Collyer and the prosecutors of stealing “Most of the $93 million of ASD Member Ownership Interest.” It further accuses the judge and prosecutors of interfering with commerce, and specifically accuses the judge of dozens of felonies.

    The document — as did Richmond’s — also accuses Chief Judge Royce Lamberth of entering into a conspiracy against ASD members. Both Lamberth and Collyer were accused of running a “Kangaroo Court.”

    Actions by Collyer, Whittington and the prosecutors prevented an ASD member named Alana Holsted from collecting $30 million from “defendants,” the motion claimed. Richmond made the same claim in his motion.

    Richmond is associated with a sham Utah Indian tribe that, in the past, has tried to have federal judges imprisoned. The tribe filed huge judgments against prosecutors and litigation opponents in Utah.

    In his motion, Wilkey threatens to charge the judge and prosecutors under federal racketeering statutes if Collyer does not set aside the ASD forfeiture within 30 days.

    Screen shot of excerpt from Wilkey motion.
    Screen shot of excerpt from Wilkey motion.

    “Justice is going to be Served either quickly and painlessly or the Hard and Expensive Way if the Co-Conspirators believe they are Above the Law,” Wilkey threatened.

    Today, members of the Surf’s Up Pro-ASD forum asked members to get involved in a campaign to petition Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, to investigate the ASD prosecutors.

    “Professor” Patrick Moriarty, who has spoken warmly of Richmond’s litigation methods, wrote a letter to Leahy yesterday. Today Surf’s Up sent out an email asking members to follow Moriarty’s lead in asking Leahy to get involved.

    Late tonight, reports were circulating that a link on Moriarty’s website leads to the website of a man who claims to own an asteroid. A link on the website of the man who claims to own Eros, the asteroid, carries a story of how he sent NASA a bill for “parking/storage” of a probe on Eros.

    http://www.erosproject.com/010216.html?source=ErosProject

  • More Than 50 ‘Demand’ Letters Sent To Prosecutors, Secret Service, In AdSurfDaily Case, Moriarty Tells Senator

    UPDATED 12:21 P.M. EST (U.S.A.) Banks are failing. Unemployment is surging. Housing values are plummeting. Credit markets are tight. The economy is shrinking.

    And “Professor” Patrick Moriarty wants the Senate to investigate the prosecutors and a Secret Service agent involved in the AdSurfDaily case, an alleged $100 million Ponzi scheme.

    ASD President Andy Bowdoin, the operator of the scheme, already has ceded seized funds to the government “with prejudice.”

    “With prejudice” means that Bowdoin intends to submit to the forfeiture and never reassert the claims to tens of millions of dollars seized. Meanwhile, the government is establishing a process by which ASD members can apply for refunds.

    Despite the fact the money was seized as the proceeds of a criminal wire-fraud, money-laundering and Ponzi-scheme operation, Moriarty says the Senate should set its sights on the people who prevented the scheme from mushrooming globally — not Bowdoin, the person responsible for organizing the scheme.

    “Over 50 individual and notarized DEMAND[S] FOR LEGAL EVIDENCE were sent to Jeffrey Taylor, US Attorney; William Cowden, Assistant US Attorney; and Roy Dotson, Special Agent, US Secret Service,” Moriarty said in a letter to Sen. Patrick Leahy, D.-Vermont. “Not once did any of these three Government Servants respond.”

    Leahy is chairman of the Senate Judiciary Committee.

    “Innocent Americans have suffered and continue to suffer because of these incredulous and despicable acts” by prosecutors, Moriarty said.

    Moriarty was a founder and former board member of ASD Members International (ASDMI), which registered as a Missouri nonprofit in October and threatened to litigate against the government because of its actions in the ASD case. Moriarty resigned from the ASDMI board in December, citing ill health. The entity now has dissolved.

    ASDMI recruited members from within the membership ranks of the ASD Member Advocates Forum, a Pro-ASD site also known as “Surf’s Up.” At least three ASDMI board members also were members of “Surf’s Up.”

    Last week, Curtis Richmond filed a motion to intervene in the ASD case, accusing U.S. District Judge Rosemary Collyer and the prosecutors of crimes and threatening prosecution and lawsuits under federal racketeering statutes.

    Moriarty, on his website, touted Richmond’s approach to litigation. Richmond is associated with a sham Utah Indian tribe that has attempted unsuccessfully to have prosecutors and federal judges jailed. At least two people who employed the tactics of the tribe have been sent to prison, and Richmond himself was convicted of criminal contempt of court in California in 2007.

    In his letter to Leahy, Moriarty discloses none of this. He also did not inform Leahy that a class-action lawsuit alleging racketeering has been filed against Bowdoin and alleged co-conspirators.

    Court filings by Richmond last week claim that an ASD member named Alana Holsted was prevented from “Collecting on an Entry of Default Affidavit for $30 million for each Defendant.”

    The Utah tribe routinely placed huge, fraudulent judgments against officers of the court or litigation opponents in what victims described as extortion bids. Victims sued under racketeering and mail-fraud statutes. U.S. District Court Judge Stephen Friot ruled the tribe a “complete sham” and ordered members to pay damages and costs of more than $108,000.

    Records show that Richmond tried to force Friot to recuse himself from the “Indian” case by claiming the judge owed him $30 million. Friot refused to step down.

    “I hope your office can review this situation and lend their support,” Moriarty told Leahy.

    Surf’s Up Asks Members To Contact Leahy

    Here is an email Surf’s Up members received today, alerting them of Moriarty’s letter-writing campaign to Leahy. The email was signed by Barb McIntire, a Mod at the Surf’s Up forum, and a former ASDMI board member. The email accuses the prosecutors of committing a “legal travesty” and of “incredible and despicable acts.”  (Emphasis added):

    A message to all members of ASD Member Advocates – Surf’s up Baby!

    Hello ASD Members,

    If timing is everything, then maybe our time for some type of justice has arrived. On February 8,  Senator Patrick Leahy proposed a “Truth Commission” for the Department of Justice.

    Mr. Leahy heads the Senate Judiciary Committee. According to the Washington Wire, he has proposed an independent commission to investigate allegations of wrongdoing by the DOJ during the Bush administration. As ASD members know, the warrantless wiretapping, the politically motivated firing of some US attorneys, and the highly controversial memos on treatment of detainees are not the only things the new administration must examine to find out what went wrong with the DOJ.

    Please take the time and make the effort to write Senator Leahy about the “legal” travesty that was committed against the 100,000-plus members of ASD by US attorneys Jeffrey Taylor and William Cowden. Explain how they used the DOJ to seize $93-million under forfeiture procedures reserved for drug- trafficking crimes. Explain in your own words how our Constitutional rights were trampled on so the DOJ could control the millions in bank accounts, deposits, and property. We each need to explain how thousands of innocent Americans have suffered and continue to suffer because of these incredible and despicable acts.

    Senator Leahy’s contact information is here: http://leahy.senate.gov/contact.cfm
    You can find supporting documentation on Steve Watt’s site:
    http://www.thejoyluckclub.com/ASD_Latest_News.htm

    If you can, send your letter via USPS certified mail and request a return receipt. It will be the best $5 you’ve spent. Please don’t wait. The timing is right. Just do it!

    Emails and phone calls to the Senator’s office are fine, but only after you send that first letter.
    If we don’t do this now, we’ll have no one to blame but ourselves.

    Please email me back and let me know you will do this. I’m counting on you for this support.

    [Email Address Deleted]

    Thank you!
    Barb

    Visit ASD Member Advocates – Surf’s up Baby! at: http://asdmembers.ning.com

    To control which emails you receive on ASD Member Advocates – Surf’s up Baby!, go to:
    http://asdmembers.ning.com/profiles/profile/emailSettings

  • Document Suggests AdSurfDaily Member Sought $120 Million From Judge, Prosecutors, Clerk Of Courts Involved In Case

    Did a member of AdSurfDaily Inc. try to force a federal judge, two federal prosecutors and a federal clerk of courts to default on demands totaling $120 million as part of a certified-mail strategy?

    Details are unclear, but a motion by Curtis Richmond in the ASD case suggests at least one ASD member sent a certified demand letter and spelled out a $30 million penalty for each of four “defendants” as the price of not submitting to the demand.

    Richmond filed a motion to set aside the forfeiture of tens of millions of dollars seized in the ASD probe. He claimed a multipronged conspiracy involving judges, prosecutors and a court clerk to deny ASD members justice.

    In his motion, Richmond asserts that actions by Judge Rosemary Collyer, U.S. Attorney Jeffrey Taylor, Assistant U.S. Attorney William Cowden and Court Clerk Nancy Mayer-Whittington prevented the member from “Collecting on an Entry of Default Affidavit for $30 million for each Defendant.”

    Just above the assertion, on Page 9 of Richmond’s motion, he lists the names of Collyer, Taylor, Cowden and Mayer-Whittington, claiming they “Have Been Guilty of Interference With Commerce.”

    alanaholstedasd

    Under point (a) of his claim, Richmond asserts the interference prevented “Alana Holsted from Collecting on an Entry of Default Affidavit for $30 million for each Defendant.” In November, Collyer denied Richmond leave to file a motion to dismiss the ASD case. Richmond said he submitted 19 affidavits to support his motion, and now claims Collyer is guilty of felonies for not permitting the documents to be filed.

    Similar tactics were used by a sham Utah “Indian tribe” with which Richmond is associated. In the Utah cases, bogus judgments for huge amounts were sought, including a fraudulent judgment for $250 million against JoAnn Stringham, the prosecutor for Uintah County.

    Uintah County countersued, and Richmond and co-defendents were ordered to pay damages and costs in excess of $100,000 for filing the bogus claims. Richmond was assessed an additional penalty of $2,915.

    The practice of sending litigation opponents a list of demands by certified mail — and stating that not acknowleding the demands, which often are deliberately unreasonable, amounts to a default — sometimes is called “Mailbox Arbitration.” The practice also is known as “paper terrorism,” and can land practitioners in a heap of trouble.

    So can making reckless claims against judges and officers of the court — as Richmond found out in California. He was charged with criminal contempt of court, arrested and found guilty. (Click here to see the order for Richmond’s arrest in the case.)