Tag: claims in admiralty

  • Document Linked To Company Associated With AdSurfDaily Figure Kenneth Wayne Leaming Is Referenced In Congressional Record As ‘Claim Against The United States Of America’

    Screen shot from the Congessional Record of April 8, 2011. (Also see image and link to full-scale PDF below.)

    UPDATED 6:55 P.M. EDT (U.S.A.) A garden-variety, lawful protest commonly received in mailrooms within the halls of power? A self-serving, reality-inverting tale of the civil-forfeiture case against the proceeds of an alleged $110 million autosurf Ponzi scheme? A backdoor bid to end-run rulings made by the U.S. Judiciary and hand an invoice to the U.S. Congress for purported damages and financial penalties against public officials sprouting from the government’s alleged mishandling of the ASD case?

    The staff of Senate Judiciary Committee Chairman Patrick Leahy, D-Vermont, did not immediately respond to a PP Blog request for comment this afternoon on a document apparently tabled by the panel after it was received in April after having been submitted by American-International Business Law Inc.

    AdSurfDaily figure Kenneth Wayne Leaming, a purported “sovereign citizen,” is listed in Washington state records (as “Kenneth Wayne”) as the chairman and president of American-International Business Law Inc. The firm’s name appears in the Congressional Record of April 8 as the presenter of a “petition . . .  relative to a claim against the United States of America.”

    Among other things, Leaming, who once was convicted of piloting an airplane without a license,  also was accused of practicing law without a license. He has purported to be a specialist in admiralty law — and has advertised the availability of a lower rate for “prepaid” clients.

    Details about the April document were not provided in the Congressional Record entry, and Leahy’s committee staff was unable to provide details immediately. The Blog asked the staff staff to provide a copy of the claim and, if possible, forward it to the Blog. Whether the staff will be able to accommodate the request was not immediately clear.

    Leaming and ASD member Christian Oesch unsuccessfully sought to sue the United States last year in the U.S. Court of Federal Claims, apparently seeking the staggering sum of more than $29 TRILLION — more than twice the U.S. Gross Domestic Product in 2009.

    Their lawsuit targeted federal employees who had a role in the civil-forfeiture case filed against tens of millions of dollars alleged to be the proceeds of a massive Ponzi scheme conducted by Florida-based ASD. About $65.8 million was seized by the U.S. Secret Service from the personal bank accounts of ASD President Andy Bowdoin, and federal prosecutors in the District of Columbia scored a clean sweep in forfeiture-related litigation. The government now holds title to about $80 million seized from ASD-related bank accounts.

    The lawsuit came in the form of purported “Certificates of Default” issued against public officials on Feb. 16, 2010, by Tina M. Hall, a notary public with ties to Leaming.

    Hall’s notary license was revoked by the state of Washington in October 2010, about three months after Leaming and Oesch filed their lawsuit. The PP Blog reported yesterday that the license of Kathryn E. Aschlea, a second notary with a tie to Leaming and American-International Business Law Inc., also had her license revoked by the state of Washington.

    When Judge Christine Odell Cook Miller dismissed the Leaming/Oesch lawsuit in December 2010, she noted that the complaint included a claim by Hall that the officials had failed to respond to “claims in admiralty.”

    “At this point the complaint deteriorates into rambling,” the judge wrote  in her dismissal order.

    Whether the Judiciary Committee received a similar rambling narrative from Leaming and Oesch and one or more notaries public is unclear.

    See February 2009 story about ASD-related letter-writing campaign to Sen. Leahy by ASD figure “Professor” Patrick Moriarty. See follow-up editorial by PP Blog. Read May 2009 “Poof Penalty” story. Click here to read a Congressional Record PDF that includes the American-International Business Law Inc. reference.

  • BULLETIN: Court Dismisses Bizarre, ASD-Connected Lawsuit Filed By Leaming, Oesch; ‘Complaint Deteriorates Into Rambling,’ Judge Says

    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.”

    Hall’s notary license was revoked by the state of Washington in October. Records show that she has notarized other bizarre claims on Leaming’s behalf, including a claim against a Franciscan hospital for more than $9 billion.

    See earlier story.