BULLETIN: UPDATED 8:17 P.M. ET (DEC. 10 U.S.A.) A federal judge in Washington state has issued a final order of forfeiture that awards title to items seized from AdSurfDaily story figure and purported “sovereign citizen” Kenneth Wayne Leaming to the U.S. government.
Judge Ronald B. Leighton of the Western District of Washington signed the order on Nov. 22, the two-year anniversary date of Leaming’s arrest by an FBI terrorism task force. Federal prosecutors later said the Leaming probe was part of a larger investigation into “sovereign citizens” nationwide.
Prosecutors asked for the order on Nov. 13, noting that Leaming had consented to the forfeiture.
Included in the order are six firearms possessed by Leaming, a convicted felon, at the time of his arrest. Also included is police equipment found with Leaming, including badges, credentials, law-enforcement identification documents, light bars, crime-scene tape, handcuffs, vests, nightsticks and similar items.
Leaming, 57, was a member of the purported “County Rangers,” the alleged armed-enforcement wing of a group of “sovereign citizens.”
The order also applies to computers, external hard drives, documents and “client” files linked to Leaming.
Some ASD members said Leaming was performing legal work for them after the ASD Ponzi scheme was exposed by the U.S. Secret Service and federal prosecutors in the District of Columbia in 2008. Leaming later was convicted on charges of filing false liens against government officials involved in the ASD Ponzi investigation and prosecution. In the same case, he was convicted of assisting another “sovereign citizen” in the filing of false liens against other government officials. Leaming also was convicted of being a felon in possession of firearms and harboring two federal fugitives from Arkansas wanted in a fraud scheme separate from ASD.
The government has not said what it intends to do with the seized “client” files and documents, some of which conceivably could be used to link Leaming to the ASD members who were using his services. Leaming’s history includes being accused in Washington state of engaging in the unauthorized practice of law.
ASD was a $119 million Ponzi scheme. ASD operator Andy Bowdoin, 79, pleaded guilty to wire fraud in May 2012 and now is serving a 78-month sentence in federal prison.
BULLETIN: Federal prosecutors in the Western District of Washington have asked Judge Ronald B. Leighton to sentence AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming to 10 years in federal prison, the maximum term under the law.
Leaming, 57, of Spanaway, Wash., was found guilty March 1 on charges of filing false liens against public officials involved in the ASD case and against federal prison officials, harboring two federal fugitives from Arkansas in a home-business caper separate from ASD, and possessing firearms as a convicted felon.
In a chilling sentencing memo today, prosecutors said Leaming — during his criminal trial beginning the week of Feb. 25 — was channeling deceased cop-killer Christopher Dorner in the courtroom. Although the memo did not reference Dorner by name, it was clear prosecutors were talking about the former Los Angeles police officer who threatened “unconventional and asymmetrical” warfare against police and went on a killing spree earlier in February that targeted police officers and their family members.
Dorner’s rampage resulted in the deaths of two officers and the daughter of an officer, sparking other violent confrontations and what has been described as one of the largest manhunts in LAPD history. Dorner himself died violently on Feb. 12. Leaming’s trial began about two weeks later.
“During the trial, Leaming repeatedly made statements referring to the (then recent) incident in Southern California, where a former police officer had started hunting down and murdering government officials the former officer felt had wronged him,” prosecutors said today. “Leaming would generally say something to the effect that it was better that he engaged in ‘seeking redress’ from government officials by way of liens and other paperwork, as opposed to emulating the former officer and using violence.
“This formulation was repeated often enough that the government believes it was a thinly-veiled threat,” prosecutors continued. “Leaming, in essence, engaged in ‘paper terrorism’ against government officials. By these repeated statements, Leaming seemed to be saying that if he was not permitted to engage in that conduct, he may as well resort to violent acts of terror instead.”
And, prosecutors said today, Leaming has shown no remorse “for any of his actions, and fully intends to continue to pursue the same course of conduct . . .”
“[T]his is clear from the defense he presented at trial, and in his filings since trial,” prosecutors said.
As the PP Blog reported earlier this month, Leaming now says Leighton, the judge who presided over his trial, owes him 208,000 ounces of fine silver.
“Since his conviction, [Leaming] has continued to file numerous, typically incomprehensible and/or nonsensical filings in this and other courts,” prosecutors said in today’s sentencing memo. “These filings refer to various UCC instruments, typically claim the Court lacks jurisdiction over him based on a willful misunderstanding of the law, and claim that he is being held as a ‘slave.’ Leaming has attempted to sue at least one [Assistant U.S. Attorney] in the International Court of Justice, and filed numerous monetary claims (often claiming that he should be paid in silver) against [Bureau of Prisons] officials, agents, [Assistant U.S. Attorneys,] various judges, and the Ninth Circuit Clerk. He has also filed numerous pro se civil proceedings and appeals in the Circuit. Most recently, he filed complaints with the [Washington State Bar Association] against one of the [Assistant U.S. Attorneys], U.S. Attorney [Jenny A.] Durkan, and this Court.”
Leaming also sought to claim spectacular sums from the United States in an unsuccessful lawsuit in the U.S. Court of Federal Claims.
Prosecutors said today that Leaming “has exploited the ignorance of others for his personal gain for years, taking money from . . . people to ‘help’ them with their legal problems – but in reality he of course did no such thing.”
Leaming, they said, “has spent much of his adult life engaged in the unauthorized practice of law, in itself a felony offense under state law. In doing so, Defendant variously portrays himself as an expert in law enforcement and/or as some type of legal genius – a ‘lawyer’ but not an ‘attorney’ as he explained at some (rather bewildering) length during the trial. Both self-portrayals are complete and utter fictions.”
In 2010, Cornell University Law School, Justia.com and Oyez.org removed online profiles of Leaming after he advertised a fee structure of up to $250 an hour and encouraged prospects to “schedule a free introductory consultation.”
Investigators later identified Leaming as part of a “national” group of “sovereign citizens” operating in Washington state. At the time of his November 2011 arrest, Leaming was found with multiple firearms. Prosecutors said in October 2012 that he was “instrumental in founding the ‘County Rangers,’ the sovereign group’s armed enforcement wing. Members of the County Rangers were issued realistic-looking badges and credentials were required to possess firearms as part of their duties, and held themselves out as law enforcement agents.”
Prosecutors noted today that Leaming possessed “various items of police equipment, including numerous badges, light bars, and a Crown Victoria sedan modified to appear to be a police vehicle.”
With respect to his ASD-related actions, prosecutors said this today:
“[Leaming] took money from the victims of a massive ponzi scheme prosecuted in Washington DC to ‘fix’ their problems. Of course, as the case agent testified, there was nothing to fix – the government recovered almost all of the lost money, and most victims were made whole. Defendant nonetheless took money from these hapless individuals, essentially to interfere with the ongoing prosecution.”
EDITOR’S NOTE: This post originally was published Jan. 24 at 7:33 p.m. It was updated Feb. 8 to include this editor’s note reflecting that Andy Bowdoin now is listed as an inmate at the federal prison camp in Pensacola, Fla. (Pensacola FPC.) The original story published Jan. 24 appears below and includes some edits to reflect the latest information . . .
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UPDATED 9:08 A.M. ET (JAN. 27, U.S.A.) Thomas Anderson “Andy” Bowdoin, the 78-year-old AdSurfDaily Ponzi patriarch, is listed today as an inmate at the Federal Correctional Institution in Tallahassee. His estimated release date is Feb. 7, 2018. [New on Feb. 8: Bowoin has been transferred to Pensacola FPC.)
In August 2008 — after federal prosecutors in the District of Columbia initially filed civil allegations of Ponzi fraud against Bowdoin and ASD after an investigation by the U.S. Secret Service — Bowdoin was defiant. The government was “Satan,” he claimed. And he compared the Secret Service to the 9/11 terrorists.
Bowdoin was described as a head of a “flock,” a man who had “followers.” What transpired in the years that followed was the stuff of fiction — but it was very, very real. After initially demanding an evidentiary hearing and insisting ASD’s online “program” was not a Ponzi scheme, Bowdoin did not take the stand at the hearing he requested.
He was “too honest” to testify, explained one of his followers.
Prosecutors had a different take: Bowdoin, they said, was a recidivist securities swindler with a felony record in Alabama from a previous fraud scheme in the 1990s. One of his business partners also was a veteran swindler who once pushed “prime bank” frauds, according to court filings.
Other Bowdoin followers planted stories that prosecutors secretly had admitted ASD was not a Ponzi scheme but were clinging to the case in a bid to save face. One follower ventured that a prosecutor should be placed in a medieval torture rack. Another ventured that a “militia” should storm Washington.
In the bizarre world of ASD, there were efforts to enlist public support for Bowdoin by mailing packets of Kool-Aid to Fox News host Bill O’Reilly. There was a corresponding effort to enlist support for an investigation into a Florida TV station, apparently for having the temerity to cover negative news about ASD. Some of Bowdoin’s followers also wanted to investigate then-Florida Attorney General Bill McCollum, apparently for holding the view that ASD was a pyramid scheme.
On Sept. 11, 2008, the seventh anniversary of the 9/11 attacks, some Bowdoin followers prayed for the prosecution to be struck dead.
By July 2010, purported “sovereign citizen” Kenneth Wayne Leaming had entered the ASD fray. He is now jailed near Seattle on charges of filing false liens against at least five federal officials involved in the ASD case: a federal judge, three federal prosecutors and the Secret Service agent who did the early investigative legwork in the case. Leaming, according to court filings, was harboring two federal fugitives from Arkansas, had tried to pass a bogus “Bonded Promissory Note” for $1 million and assisted in the filing of false liens against other federal officials in cases presumably unrelated to ASD.
Leaming, prosecutors said, was instrumental in the founding of the so-called “County Rangers,” an armed enforcement wing for a “sovereign” group in Washington state. The “Rangers” carried fake badges, according to court filings. And when Leaming, a convicted felon, was arrested in November 2011 by an FBI Terrorism Task Force on the false-liens charges, several firearms were found.
One of them was an “AK-47 style assault rifle with a bayonet,” according to court filings.
Bowdoin was charged criminally in November 2010, when an indictment was unsealed. By October 2011, Bowdoin was trying to sell a “program” known as OneX to the members he was accused of defrauding in the ASD case. Conference-call listeners were told they could earn $99,000 very quickly through OneX, which federal prosecutors later described as yet another fraud scheme pushed by Bowdoin.
In May 2012, Bowdoin pleaded guilty to wire fraud, acknowledging that ASD was a Ponzi scheme and that his Florida-based firm had never operated lawfully from its inception in 2006.
Even after Bowdoin pleaded guilty, some of his followers continued to insist that ASD was a legitimate business. Bowdoin was jailed in June 2012, after prosecutors proffered evidence that he continued to promote fraud schemes even after the Secret Service seized $80 million in the ASD case and even after he was charged criminally.
Bowdoin spent the early days of his sentence in a District of Columbia jail. Earlier this month, he was listed as a prisoner at a federal holding facility in Oklahoma City.
And today he apparently has arrived in Tallahassee to serve out the remainder of his 78-month term. [New on Feb. 8: Bowdoin has been transferred to Pensacola FPC.) The prison is only a short [Feb. 8 edit: roughly two-and-a-half hour] drive from Quincy, the town from which Bowdoin pulled off a $119 million Internet fraud.
AdSurfDaily figure Kenneth Wayne Leaming now claims he’s been subjected to “POISON” and “TORTURE.”
In 2009, AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming claimed a city in Washington state 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.
Leaming, now 57, further claimed the Pierce County city of Puyallup engaged in terrorism by controlling “multiple electronic broadcast media” and employing police who used “chemical and biological weapons,” “machine guns” and “explosives.”
In November 2011, prosecutors said Leaming was found in Spanaway, Wash., with two federal fugitives from Arkansas. Those fugitives now have been convicted of mail fraud for a multimillion-dollar, home-based business caper. Court filings by Timothy Shawn Donavan, 64, and Sharon Jeannette Henningsen, 68, suggest they also were sovereign citizens.
After Leaming’s arrest with Donavan and Henningsen, federal prosecutors in the Western District of Washington said an FBI terrorism Task Force found evidence that Leaming had filed false liens against at least five public officials involved in the AdSurfDaily Ponzi case filed by the U.S. Secret Service in 2008.
Leaming allegedly also filed bogus liens or assisted in filing liens against a former cabinet official in the administration of President George W. Bush, the head of a credit union and at least two U.S. prison officials. In 2012, while detained, Leaming sued President Obama and Attorney General Eric Holder, advancing a Birther conspiracy theory.
A federal judge tossed that lawsuit. Court filings by Leaming now suggest he intends to sue Holder anew, this time in the District of Columbia as opposed to the Western District of Washington.
But Leaming also has another active lawsuit against Holder and others in the Western District of Washington. A complaint by Leaming dated yesterday asserts he has been subjected to “POISON” and “TORTURE” during his ongoing detention at the SeaTac federal detention center near Seattle.
In October 2012, federal prosecutors alleged that Leaming “was instrumental in founding the ‘County Rangers,’ the sovereign group’s armed enforcement wing. Members of the County Rangers were issued realistic-looking badges and credentials were required to possess firearms as part of their duties, and held themselves out as law enforcement agents.”
Leaming already is a convicted felon from a case that alleged he had no license and yet piloted an aircraft. When he was arrested in November 2011 in the company of Donavan and Henningsen, several firearms were found in Leaming’s residence, including an “AK-47 style assault rifle with a bayonet,” prosecutors said.
He later was charged with unlawful possession of firearms as a convicted felon.
When agents executed a search warrant, they found “numerous boxes of correspondence and legal paperwork documenting other apparent fraud schemes,” prosecutors said.
Screen shot: Part of the Leaming/Stephenson complaint demanding gold and silver.
After he was charged with filing false liens and other crimes and jailed near Seattle, AdSurfDaily story figure and purported “sovereign citizen” Kenneth Wayne Leaming apparently thought it prudent to sue President Obama and U.S. Attorney General Eric Holder.
Leaming, 56, advanced a theory that Obama was not born in the United States, was not eligible to be President and had appointed Holder unlawfully.
It therefore followed, according to Leaming and co-plaintiff and former business colleague David Carroll Stephenson, that Holder was “Personating [sic] the Attorney General of the United States” and could not lawfully appoint or delegate authority to “Any United States Attorney.”
And because Holder had oversight responsibility over the U.S. Attorney’s Office in the Western District of Washington that had brought the criminal charges against Leaming and Stephenson after an FBI probe, the duo apparently surmised, it followed that the prosecution was unlawful and should be declared “VOID For FRAUD” because the U.S. Attorney also is “personating” [sic] a federal officer.
In their June lawsuit, Leaming and Stephenson demanded compensation in “gold” and “silver” for each day they allegedly were held unlawfully. Over time, the docket of the case swelled to more than 30 entries.
On Oct. 11, however, U.S. District Judge Robert S. Lasnik dismissed the Leaming/Stephenson lawsuit “for failure to identify any viable claim for relief.”
The judge also ordered “all pending motions” stricken as moot.
Leaming and Stephenson remain jailed near Seattle.
He is charged with filing false liens against at least five federal officials involved in the prosecution of the AdSurfDaily Ponzi scheme, which the U.S. Secret Service described as a fraud operated by Andy Bowdoin that had gathered at least $119 million.
Bowdoin, 77, was sentenced in August to 78 months in federal prison.
Leaming initially was arrested by the FBI in November 2011. He was indicted in January 2012 on charges of filing false liens, harboring fugitives, possessing firearms as a convicted felon and uttering a bogus “Bonded Promissory Note” with a face value of $1 million and depositing it in U.S. Bank.
Stephenson, a tax fraudster already jailed when Leaming was arrested and jailed, worked with Leaming to file false liens against U.S. prison officials, prosecutors said.
See Nov. 27, 2011, PP Blog story that outlines FBI allegations that Leaming was discussing a way to serve Stepenson-related papers on U.S. Chief Justice John Roberts through the school attended by his children, who are minors.
Roberts is the top judicial officer in the United States.
BULLETIN: The November 2011 arrest by the FBI of Kenneth Wayne Leaming was part of a deeper probe into the activities of a “national” group of “sovereign citizens” operating in the Pacific Northwest, new court filings by federal prosecutors in the Western District of Washington reveal.
“Local jurisdictions alerted federal law enforcement that they had received a significant number of threats from members of this group,” prosecutors said.
Leaming, prosecutors said, was “a long-time constitutionalist/sovereign citizen, who had a
documented history of holding himself out as a law enforcement officer and/or a lawyer . . . He also was instrumental in founding the ‘County Rangers,’ the sovereign group’s armed enforcement wing. Members of the County Rangers were issued realistic-looking badges and credentials were required to possess firearms as part of their duties, and held themselves out as law enforcement agents.”
Leaming, 56, of Spanaway, Wash., is a figure in the AdSurfDaily Ponzi scheme story. Some ASD members have claimed Leaming was performing legal work for them, and his name appears on the ASD court docket as the filer of a purported “Notice of Final Determination and Judgment.”
Such filings have been associated with the “sovereign citizens” movement.
As first reported on the PP Blog last year, Leaming, 56 and a convicted felon for piloting an aircraft without a license, was found with two federal fugitives from Arkansas at the time of his arrest.
Both of those fugitives — Timothy Shawn Donavan and Sharon Jeannette Henningsen — now have been convicted of multiple counts of mail fraud in a home-based business caper in Arkansas, according to court files.
The new filings by prosecutors came in response to a bid by Leaming to challenge the search warrant in the case and to suppress evidence against him.
Leaming was indicted on charges of filing false liens, harboring fugitives, possessing firearms as a convicted felon and uttering a bogus “Bonded Promissory Note” with a face value of $1 million and depositing it in U.S. Bank.
The bank “briefly credited Leaming’s account in the amount of $31,350, before realizing the amount was wholly fictitious and reversing the credit,” prosecutors said.
At least four of Leaming’s “sovereign” associates — David Russell Myrland, Timothy Garrison, Raymond Leo Jarlik-Bell and David Carroll Stephenson — already have been charged or convicted in various schemes, prosecutors said.
Bogus liens linked to Leaming were found during a search of Jarlik-Bell’s residence, prosecutors said, making a veiled reference to the ASD case as a “a large wire fraud case” in the District of Columbia.
Whether Jarlik-Bell has any ASD ties is unclear.
The liens had been filed with the Pierce County Auditor [in Washington state] against a “federal District Judge, an AUSA, and other federal agents and employees, ” prosecutors said.
Other records show that each of the alleged lien targets had ties to the ASD case, including U.S. District Judge Rosemary Collyer of the District of Columbia. Collyer presided over the ASD case.
Prosecutors now assert that agents conducted a search of Leaming’s Spanaway residence and found an “AK-47 style assault rifle with a bayonet; several handguns (one of which was in a drawer of the desk Leaming was sitting at as entry was made); two other rifles; and a shotgun.”
From the prosecution filing (italics added):
“Immediately after execution of the search warrant, but before Leaming was transported from the scene, agents asked Leaming questions about the presence of firearms for officer safety purposes. Leaming admitted that a number of firearms were present in the home.”
Meanwhile, agents found a “box of ‘County Ranger’ badges and other false law enforcement credentials,” prosecutors said.
At the same time, agents found “numerous boxes of correspondence and legal paperwork documenting other apparent fraud schemes,” prosecutors said.
Leaming is contending that the alleged liens aren’t really liens and, even if they were, “he had some constitutional right to file them,” prosecutors said.
He also contends that he has a Constitutional right to possess firearms as a convicted felon and that the government is not permitted to regulate firearms ownership, prosecutors said.
As the investigation continued more bogus liens were discovered against other government officials, prosecutors said.
Those liens have been linked to Leaming and Stephenson, a jailed former business colleague of Leaming’s. They were filed in Pierce County “against the Warden” of the Federal Correctional Institution in Phoenix and the “direct[or] of the Bureau of Prisons,” prosecutors said.
From the prosecution’s filing (italics added):
” . . . during the investigation agents also discovered that Leaming was preparing and using false and fictitious financial instruments. These instruments were typically called “Bonded Promissory Notes,” and purported to be issued by the Federal Reserve or the United States Treasury.”
As to the firearms allegations, Leaming “advanced some type of nonsensical, quasi-legalistic explanation as to why they were not, in fact, firearms,” prosecutors said.
Leaming has been jailed since his November 2011 arrest. Since that time, he has sued President Obama, Attorney General Eric Holder and a county sheriff in Arkansas, according to court filings.
ASD operator Andy Bowdoin was sentenced in August to 78 months in federal prison. He admitted in May that ASD was a Ponzi scheme. Prosecutors said the scheme gathered at least $119 million.
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.
EDITOR’S NOTE: A passage from a May 2011 email allegedly written by Kenneth Wayne Leaming appears in the story below. The passage, which appears to contain electronic clutter — specifically the string “#39;” — is reproduced verbatim, meaning the string also appears in the court document from which the passage was taken.
An FBI agent assigned to the Tacoma Resident Agency Joint Terrorism Task Force advised a judge last week that Kenneth Wayne Leaming — now jailed at a federal detention facility near Seattle on charges he filed bogus liens against public officials involved in the AdSurfDaily Ponzi case — referenced the young children of U.S. Chief Justice John Roberts and their “school.”
The reference appeared in a email that Leaming allegedly sent to David Carroll Stephenson on May 14, 2011. Stephenson, whom the agent described as Leaming’s former business partner in Washington state, is a convicted felon serving a 96-month sentence in federal prison for tax crimes.
“This week I will ‘flood’ the USSC with the habeas, one to each justice and resend the one to the Chief Justice, and maybe one to his kid#39;s school to be given to the parents,” Leaming allegedly wrote. “One way or another he is going to get it in his hands and I#39;ll start working on off duty locations for the remaining justices as well.”
Roberts and his wife have two preteen children.
The email clearly became a source of concern for the FBI.
“In this email,” the FBI agent who sought Leaming’s arrest 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.”
But the alleged email to Stephenson was hardly the FBI’s only concern about Leaming, who appears to have no law degree but has been depicted in online ads as a practicing attorney. (The ads were removed last year.)
Investigators discovered a paperwork trail that linked Leaming and Stephenson to a purported $10 million lien against Harley Lappin, the former director of the Federal Bureau of Prisons, and a purported lien for $20 million against Dennis R. Smith, the warden of the Federal Correctional Institution in Phoenix.
As the probe that led to Leaming’s arrest proceeded, agents found bogus liens filed in Pierce County, Wash., against other public officials, including at least five officials involved in the ASD Ponzi case. Liens against Mary Peters, the former U.S. Secretary of Transportation, and Cutler Dawson, president and CEO of Navy Federal Credit Union, also were discovered.
At least some of the bogus papers linked to Leaming were found in July 2011 — during the execution of a search warrant at the Yelm, Wash., home of purported “sovereign citizen” Raymond Leo Jarlik-Bell, according to the FBI.
Whether Jarlik-Bell was a member of ASD is unclear.
The U.S. Secret Service has described ASD as a “criminal enterprise” led by Andy Bowdoin, a 77-year-old recidivist felon and securities huckster. Bowdoin, who was arrested in the Gulf Coast area of Englewood, Fla., in December 2010, operated ASD from the small town of Quincy in northern Florida, near Tallahassee. He has described himself as a “money magnet” and man of God.
The FBI said “one of the specific documents” recovered in the search of Jarlik-Bell’s home sought the staggering sum of $225.4 billion and listed “Kenneth Wayne, sovereign man” as “grantee,” and the public officials as “grantors.”
“Kenneth Wayne” is a name used by Leaming.
Navy Federal, which serves members of the military, is the largest credit union in the world.
So-called “sovereign citizens” have been known to file vexatious liens against public officials and courtroom opponents, including financial institutions. The practice has been described as “paper terrorism” and “mailbox arbitration.” Among other things, it can cause both the lien targets and the government to expend money and resources to defend against the nuisance claims, which can affect the credit histories of the individual targets and the efficiency of the court system.
Named in the liens in in addition to Peters and Dawson were U.S. District Judge Rosemary Collyer; former U.S. Attorney Jeffrey A. Taylor; former assistant U.S. Attorney William Cowden; current assistant U.S. Attorney Vasu B. Muthyala; and Roy Dotson, a special agent of the U.S. Secret Service.
Collyer, Taylor, Cowden, Muthyala and Dotson have had roles in the ASD Ponzi case. Why Peters and Dawson were targeted with liens is unclear.
Jarlik-Bell, who has been linked with Leaming to “sovereign citizen” groups known as the “County Rangers” and the “Assemblies on the County,” was arrested in July on tax charges. He was jailed pending trial, according to the FBI complaint against Leaming.
More Alleged Leaming Correspondence
In June 2011, according to the FBI, Leaming sent an email to Stephenson that referenced a letter that had or would be sent to Roberts, America’s top judicial officer. The letter strangely described the chief justice as “FIDUCIARY.” The email followed on the heels of other Leaming emails that suggested Leaming had spent part of the month of May conducting financial research on Roberts and his wife and trying to find a street address through which he could cause Stephenson-related writs to be delivered to the couple’s home — instead of the Supreme Court.
Other Leaming email correspondence in May suggests he sent a “certified,” Stephenson-related letter to the residence of Associate Justice Ruth Bader Ginsburg and was trying to find a home address for Associate Justice Stephen G. Breyer — instead of sending Stephenson-related correspondence to the Supreme Court address.
The letter that had or would be sent to Roberts asserted that Stephenson was being “restrained” and “concealed” in a federal prison under a under a “fictitious name.” It further asserted that the government had assigned Stephenson an “inventory control number,” according to the complaint against Leaming.
As the letter proceeded, it painted a picture that Roberts had been part of a conspiracy with the Federal Bureau of Prisons to “evade the habeas corpus process.”
Because Stephenson was in federal custody, his communications were being monitored, according to the complaint against Leaming. In a phone call between Stephenson and Leaming, Leaming spoke about “$10m” allegedly owed to Stephenson by a public official employed by the Bureau of Prisons and suggested that “$20 million” would be sought from a prison warden.
Leaming told Stephenson that the city of Puyallup, Wash., was in receivership because of Leaming’s paperwork maneuverings, according to the complaint against Leaming. (Records show that Leaming filed liens against affecting at least two communities in Washington state, including Puyallup. Records also show that he filed a lien for more than $9 billion against a Franciscan hospital in Lakewood, Wash., and tried to put the facility in involuntary bankruptcy. At the same time, records show that Leaming also sought to put the Washington State Bar Association in involuntary bankruptcy. See this story. See this story.)
During phone conversations with Stephenson, Leaming talked about escalating his paperwork maneuverings against the courts if “they don’t straighten up soon” and the potential need to “have a little liability correspondence with Eric Holder himself.”
Eric Holder is the Attorney General of the United States.
Leaming also told Stephenson that “someone has suggested we go after body odor in the White House,” an apparent veiled reference to President Obama.
Returning to the subject of the courts, Leaming told Stephenson that he would start “working” on the chief judge of U.S. federal courts in the Western District of Washington, according to the complaint against Leaming.
Leaming, according to the complaint, also ventured that “the Rothschilds” were hiding in a “bunker in India” while controlling the central bank of Iraq, according to the complaint against Leaming.
Banking conditions in Iraq are causing the Rothschilds to lose money, and the “inner circle” is “jumping ship,” Leaming allegedly told Stephenson, “just like body odor’s inner circle in the White House.”
Leaming has been under federal surveillance by both the Tacoma Resident Agency Joint Terrorism Task Force and the Seattle Division’s Mobile Surveillance unit since August 2011, according to the complaint. Agents have observed him driving a blue Ford Crown Victoria and visiting mailing spots in Spanaway, Wash., where he lives in an apartment, according to the complaint.
In October 2011, some ASD members received an email attributed to “Keny” — a Leaming nickname — that suggested they file “county recorder” papers against federal officials involved in the ASD case that would identify the officials as “DOJ thieves.”
The email encouraged the members to send a “notary certified copy” of the filings to the home address of Chief Justice Roberts.
At least two notaries public with ties to Leaming have lost their licenses in Washington state, according to records. One of the notaries — Kathryn E. Aschlea — was associated with an enterprise known as FAN NW LTD INC.
The name of FAN NW LTD INC. appears in the criminal complaint against Leaming, and the FBI says a telephone associated with the firm was used on calls between Leaming and Stephenson.
Federal court records in the ASD case in the District of Columbia reference a “Claim by Notary Presentment/Acceptance by Kathryn E. Aschlea.” Collyer denied Aschlea leave to file on June 11, 2010.
Kathryn Aschlea and “Kenneth Wayne” are listed in Washington state as officers of FAN NW LTD INC.
President Bush observes the 2006 swearing-in ceremony of incoming Transportation Secretary Mary Peters. Peters held the cabinet post between October 2006 and January 2009. Source: Wikipedia: White House photo by Paul Morse.
UPDATED 5:42 P.M. ET (U.S.A.) Public officials involved in the AdSurfDaily Ponzi case were not the only targets of bogus liens filed by Kenneth Wayne Leaming, according to federal prosecutors in Seattle.
Leaming, 55, also filed a lien against Mary Peters, the U.S. Secretary of Transportation under President George W. Bush during his second White House term, prosecutors said.
In addition, prosecutors said Leaming filed liens against U.S. District Judge Rosemary Collyer; former U.S. Attorney Jeffrey A. Taylor; former assistant U.S. Attorney William Cowden; current assistant U.S. Attorney Vasu B. Muthyala; and Roy Dotson, a special agent of the U.S. Secret Service.
Collyer is presiding over both the civil and criminal prosecutions connected to the ASD Ponzi case in the District of Columbia. The civil case, which led to the successful forfeiture of tens of millions of dollars in the personal bank accounts of ASD President Andy Bowdoin, was brought by Taylor’s office in August 2008.
Cowden and Muthyala assisted in the prosecution against ASD-related assets, including more than $65.8 million in Bowdoin’s 10 bank accounts and more than $14 million in other bank accounts linked to Golden Panda Ad Builder, a companion autosurf.
Dotson was a key investigator in the case, which was brought in part through the efforts of a Florida-based Task Force. Bowdoin was arrested in December 2010. He is free awaiting trial in the District of Columbia.
Taylor was succeeded as U.S. Attorney by Ronald C. Machen Jr. Machen’s office was sued pro se earlier this month by ASD members Todd Disner and Dwight Owen Schweitzer of Miami. Disner, a cofounder of the Quiznos sandwich franchise, and Schweitzer, a former attorney whose license was suspended in Connecticut, asserted that prosecutors engaged in “character assassination” against Bowdoin and that the forfeiture case consisted of a “tissue of lies.” They also claimed Dotson’s affidavit that led to the seizure of Bowdoin’s assets was flawed and that 4th Amendment violations had occurred.
Disner and Schweitzer also named Rust Consulting Inc., the government-approved claims administrator in the Ponzi case, a pro se lawsuit defendant. In September, Machen joined Assistant Attorney General Lanny Breuer in announcing that the government had returned $55 million to victims of the ASD Ponzi.
Collyer ordered the forfeiture of Bowdoin’s assets in January 2010. Her rulings were upheld by the U.S. Court of Appeals. Bowdoin, 77, is using Facebook and a website known as “Andy’s Fundraising Army” to raise money for his criminal defense on charges of wire fraud, securities fraud and selling unregistered securities.
Why Peters allegedly was targeted by Leaming was not immediately clear. But court records suggest the FBI is investigating Leaming ties to a Washington state group of “sovereign citizens” known as the “County Rangers.”
Leaming was arrested on Tuesday. On Wednesday, he appeared before U.S. Magistrate Judge J. Richard Creatura in Tacoma. Creatura ordered Leaming’s detention to continue. The date of Leaming’s next court appearance was not immediately clear.
Leaming, according to prosecutors, was found Tuesday with two federal fugitives from Arkansas who were indicted in February on federal charges related to an alleged envelope-stuffing scheme. Prosecutors identified the fugitives as Timothy Shawn Donavan and Sharon Jeannette Henningsen.
Donavan and Henningsen have court histories that include declaring themselves “living breathing free” people to whom laws do not apply, according to records. Like Leaming, they are being held at the Sea Tac Federal Detention Center near Seattle.
Leaming has been charged with retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title, an obstruction of justice statute.
Among the government’s allegations against Bowdoin is that he falsely claimed to have received an important award for business acumen from President Bush in 2008. ASD members used Bush’s name in online promos, according to records.
In July 2008 — as the Secret Service and the Task Force were investigating ASD — Bowdoin threatened to sue critics, according to court filings. After the seizure of his assets, he claimed the government’s action was the work of “Satan” and compared the seizure to the 9/11 terrorist attacks, which killed nearly 3,000 people in New York, Washington and Pennsylvania.
Cowden, whose name was repeatedly misspelled as “Crowden” by pro se litigants in the forfeiture case, was derided as “Gomer Pyle” on the now-defunct, pro-ASD “Surf’s Up” forum. One ASD member opined that Cowden should be placed in a torture rack. Another said a “militia” should storm Washington. Still another issued a “prayer” that called for prosecutors to be struck dead.
ASD critics were derided as “rats,” “maggots” and “cockroaches.”
In December 2010, prosecutors linked ASD to E-Bullion, a defunct California payment processor operated by James Fayed. E-Bullion has been linked to several Ponzi schemes.
Earlier this month, Fayed was formally sentenced to death for arranging the contract slaying of his estranged wife, Pamela Fayed.
Pamela Fayed was slashed 13 times in a Greater Los Angeles parking garage in July 2008 while James Fayed sat on a bench within earshot of Pamela’s screams, according to records.
At least one ASD member used E-Bullion to send money to ASD, according to federal court records. That member — former ASD “trainer” Erma Seabaugh of Missouri — was operating a purported “religious” nonprofit in Oregon and using ASD to promote a pyramid scheme, according to records.
