In a development that could give pause to promoters of the purportedly “private” Profitable Sunrise scheme now on the radar of regulators in North America and Europe, a Florida man has been sentenced to 10 years in federal prison for his role in pitching a purported “opportunity” known as Queen Shoals.
The announcement of the prison sentence of Gary D. Martin, 61, was made by U.S. Attorney Anne M. Tompkins of the Western District of North Carolina. She was joined by Roger A. Coe, acting special agent in charge of the FBI office in Charlotte, and North Carolina Secretary of State Elaine F. Marshall.
Marshall’s office issued a cease-and-desist order late last month to Profitable Sunrise, a purportedly “private” program. Tompkins’ office, meanwhile, is involved in the probe of the alleged Zeek Rewards Ponzi scheme, which described itself as a “private” program, according to court files. In August 2012, the SEC said Zeek was selling unregistered securities as investment contracts and had gathered at least $600 million.
While Profitable Sunrise is alleged by regulators to be offering returns in excess of 300 percent a year, Queen Shoals promised a much lower annualized percentage of between 8 percent and 24 percent.
The $32.5 million Queen Shoals Ponzi scheme was operated by Sidney Hanson. Martin formed an LLC with a similar name and pitched Queen Shoals from Florida. Federal prosecutors effectively accused him of passing along lies told by Hanson to fleece investors, including senior citizens.
Chief U.S. District Judge Robert J. Conrad Jr., who ruled in August 2011 that promises of “guaranteed” annual earnings were used by Martin to lure customers into the fraud, described the effect as devastating
“People in their 60’s, 70’s, 80’s and even 90’s lost everything because Hanson and Martin defrauded them,” prosecutors quoted Conrad as saying.
And, prosecutors said, Conrad also noted that Martin “went into homes, got people to rely on him and told them things that weren’t true, and based on false representations, many lost their life savings . . . He is seriously culpable.”
Conrad ordered Martin to pay more than $31.7 million in restitution and to serve two years’ probation upon completion of the prison sentence.
The Martin case speaks to the issue of how a lack of due diligence on the part of promoters can cause problems if a scheme later turns out to be a scam, perhaps especially if promoters add their own lies to a pitch and recruit other pitchmen.
From a statement by prosecutors (italics/bolding added):
Court records show that although Hanson never directly told Martin that Queen Shoals was a Ponzi scheme, Martin induced victims to invest in the Queen Shoals Ponzi scheme through a series of false and fraudulent representations. Specifically, Martin falsely claimed that QSC had over 20 years’ experience in financial services and international finance and that he had a vast background in financial services, including the silver, gold and foreign currency trading markets. In fact, Martin had no such experience, held no professional licenses related to finance or investments and had never engaged in any silver, gold or foreign currency trading.
According to court documents, Martin, through the QSC web site and other means, also made false claims about QSC’s financial expertise in “Self-Directed IRA Strategies and Fixed Rate Accounts.” Martin held QSC out as “leaders in Professional Private Placement Retirement Planning” and falsely claimed that QSC had a “proven method of diversification [that] spreads the risk nicely for a balanced portfolio,” when, in fact, QSC offered no such diversification and funneled victim funds solely into the Queen Shoals Ponzi scheme. Court records show that Martin routinely vouched for the success and reliability of Queen Shoals by claiming to have personally invested a significant amount of his own money into Queen Shoals when, in fact, Martin personally invested only $4,000.
According to filed documents and today’s sentencing hearing, Martin engaged in money laundering transactions by utilizing the referral fees he received from Hanson to pay commissions to himself and the so-called QSC consultants. From in or about 2007 to in or about 2009, Martin received over $1.9 million in referral fees from Hanson and paid the consultants over $1.5 million during the relevant time period in return for inducing victims to invest in the Queen Shoals Ponzi scheme. These payments caused QSC consultants to induce additional victims to invest in the Queen Shoals Ponzi scheme, thereby perpetuating the scheme.
In March 2011, Hanson, then 63, was sentenced to 22 years in federal prison.
DEVELOPING STORY: It is early and facts remain unclear. What’s known, according to local news reports, is that the FBI notified local police in the area of Chester County in southeastern Pennsylvania that agents would be operating in the region.
Late yesterday — sometime after 11 p.m. while some residents were sleeping — explosions were heard in the area of Valley Creek Park. The explosions appear to have been controlled detonations by law enforcement, which earlier had found dozens of pipe bombs in a storage unit near the town of Malvern. Members of bomb squads were seen in the area.
The storage unit was rented in the name of Istvan Merchenthaler, an accused Ponzi schemer.
Around 8:30 p.m., bomb squads from Montgomery County and Philadelphia began hauling the explosives from the storage facility to nearby Valley Creek Park. The explosives were transported inside large metal containers on trailers, and each trip involved a convoy of fire engines, ambulances and police vehicles.
The source, who asked to remain anonymous due to the ongoing and sensitive nature of the investigation, said that the storage locker was registered to 42-year-old Istvan [Merchenthaler], a Chester County man facing federal charges in connection to a Ponzi scheme that officials say defrauded investors of about $2 million over the past seven years.
Officials close to [Merchenthaler]’s case said the suspect was connected to similar explosive investigations in other states, and added that he is facing charges in multiple jurisdictions throughout the east coast.
Garfield M. Taylor, the Maryland man accused civilly by the SEC in November 2011 of duping charitable organizations and people of faith in a Ponzi scheme, now has been indicted on criminal charges, the FBI and federal prosecutors in the District of Columbia said.
Taylor, 54, of Rockville, faces counts of wire fraud, securities fraud and selling unregistered securities, the office of U.S. Attorney Ronald C. Machen Jr. said.
The $25 million Taylor scam was about smoke and mirrors, prosecutors said.
From a statement by Machen’s office (italics added):
According to the indictment, Taylor devised and employed a scheme from in or about September 2006 through in or about September 2010 in which he convinced investors to invest with him by promising them substantial returns on their investment, telling them that he used a sophisticated securities trading strategy that protected against loss, and claiming that he had a proven track record of using this strategy effectively.
During the course of this scheme, however, Taylor never used the trading strategy that he told investors that he would use. With the investments he did make during this period, Taylor either lost money or made minimal profits far below what was needed to pay the amounts he owed. The only way that Taylor was able to pay the substantial interest rates he was paying during this period was to use portions of the principal invested by new investors to pay amounts that were owed to earlier investors.
In 2011, the SEC said Taylor used terms such as such as “proprietary strategy,” “covered call investment strategy” and “unparalleled downside protection” to dupe investors. It is somewhat common for fraudsters to use fancy-sounding investment lingo in bids to scam investors.
In one instance, federal prosecutors said today, Taylor took “approximately half” of an investor’s $425,000 investment to pay sums owed to “earlier investors.”
He also claimed investments with him were insured against loss and that a reserve fund to protect investors existed as an extra safeguard, prosecutors said.
Those claims were false, prosecutors said.
“At the time of the scheme’s collapse, Taylor owed investors nearly $25 million just to cover the principal he was contractually required to return to them,” prosecutors said.
The U.S. Attorney’s Office in the District of Columbia also prosecuted the AdSurfDaily Ponzi scheme.
Patrick Randell McIntosh: Source: Fulton County Sheriff’s Office
BULLETIN: The U.S. Secret Service, the FBI and federal prosecutors in the Northern District of Georgia say a South Carolina man threatened on Facebook to kill the President of the United States.
Patrick Randell McIntosh, 28, of Charleston, was indicted on charges of possessing three firearms and ammunition while under indictment for a felony and for threatening the life of the President.
“Threats against the president of the United States and others we are statutorily authorized to protect are the Secret Service’s number one investigative priority,” said Reginald G. Moore, special agent in charge of the Secret Service Atlanta Field Office. “Every threat, no matter if made by telephone, in person, in writing, or on social media is examined to the fullest extent possible.”
The FBI and the Atlanta Police Department assisted in the probe, prosecutors said.
Today’s announcement of the McIntosh indictment marked the second time this week that an individual who allegedly used Facebook to threaten public officials was charged criminally. Lawrence Mulqueen, 49, was charged in New York with threatening to kill local, state and federal officials, including a threat to kill “every Congressional Black Caucus member there is.”
From a statement in the McIntosh case by the office of U.S. Attorney Sally Quillian Yates (italics added):
According to United States Attorney Yates, the charges, and other information presented in court, McIntosh posted on his Facebook page his intention to shoot patrons at a local Atlanta lounge and to kill the president of the United States. After posting the various threats, the defendant purchased three firearms from individuals who advertised weapons for sale.
McIntosh also threatened a woman in the Atlanta area. The woman reported to Gwinnett County authorities that McIntosh was stalking her. She gave police the location of a hotel where McIntosh was staying. Law enforcement officers subsequently arrested McIntosh at the location and recovered guns and ammunition in his possession.
The threat against the President and the acquisition of the weapons occurred after McIntosh had been indicted in South Carolina for felony stalking, prosecutors said.
BULLETIN: A purported “sovereign citizen” from Nanuet, N.Y., has been charged under state law with criminal possession of a weapon and under federal law with threatening to kill public officials and inciting Facebook visitors to carry out political assassinations.
Lawrence Mulqueen, 49, claimed that a county’s sheriff is “the highest law enforcer in all the land,” according to an FBI affidavit in the case.
Mulqueen wrote that he “cannot wait to start killing the scum,” according to the affidavit. Intended targets included Gov. Andrew Cuomo, New York Mayor Michael Bloomberg, Sen. Charles Schumer, Rep. Nita Lowey, Rep. Nancy Pelosi, Sen. Harry Reid and “every Congressional Black Caucus member there is.”
“Your time is about up[,] scumbags,” Mulqueen wrote, according to the affidavit. “[Y]our dirt nap is coming very soon.”
Meanwhile, according to the affidavit, Mulqueen called for snipers to shoot “inner city scum” from a distance of “at least 100 yards” or to stab targets “to conserve bullets.”
“As alleged, Lawrence Mulqueen used the power and reach of Facebook to make incendiary threats, including the use of deadly force, against federally-elected officials and others,” said U.S. Attorney Preet Bharara of the Southern District of New York. “He even provided his like-minded Facebook friends with a virtual ‘how to’ on the most effective weapons to use in making good on those threats. The internet is a forum for free expression, but it does not give anyone a carte blanche to break the law.”
One of the best weapons for assassination is a shotgun made in Italy, Mulqueen allegedly told an individual on Facebook.
The investigation began when the Clarkstown Police Department (Rockland County) received a complaint about Mulqueen, officials said.
“Overt threats of the sort made by this defendant against our elected leaders are especially troubling and must be dealt with to the fullest extent of the law,” said Rockland County District Attorney Thomas P. Zugibe.
Added FBI Assistant Director-in-Charge George Venizelos: “The defendant is alleged not only to have threatened to kill elected officials. He did the virtual equivalent of standing in the town square with a megaphone, using his Facebook page to exhort others to carry out these assassinations. Freedom of speech is a fundamental right, but making overt threats is not protected speech, it’s a crime.”
Mulqueen also called for the assassination of immigrants and called supporters of President Obama “traitor scum” who deserved to die, according to the affidavit.
“I want these scumbags DEAD!!!” he allegedly wrote. “[F]*** them and death to them all.”
Kenneth Wayne Leaming, aka “Kenneth Wayne,” aka “Keny,” now is calling himself a “live abortion” — apparently in “defense” of home-based businesses.
UPDATED 12:28 P.M. (FEB. 27, U.S.A.) Kenneth Wayne Leaming, a figure in the AdSurfDaily Ponzi-scheme story and a purported “sovereign citizen,” is scheduled to go on trial today in federal court the Western District of Washington with co-defendant David Carroll Stephenson. Leaming is charged with filing false liens against public officials involved in the ASD prosecution. Among his alleged targets were a federal judge, at least two federal prosecutors — and the U.S. Secret Service agent who cracked the ASD Ponzi case in 2008.
Leaming, 57, also is charged with assisting Stephenson in the filing of false liens against two federal-prison officials. Stephenson was in federal prison for a tax scheme at the time the liens allegedly were filed. Records strongly suggest that Stephenson, also 57, would be a free man today were it not for his association with Leaming, given that Stephenson’s prison term in the tax case had been scheduled to end early this year. Instead, he’s facing new charges and potentially more jail time.
But the false-liens charges are just the beginning for Leaming. He also is charged with harboring two federal fugitives wanted in a multimillion-dollar home-business fraud in Arkansas, being a felon in possession of firearms and passing a bogus “Bonded Promissory Note” for $1 million.
If you’re new to the PP Blog and new to the ASD case, a brief review is in order: The Secret Service raided ASD in August 2008, alleging the Florida-based firm operated by Andy Bowdoin was a massive Ponzi scheme operating over the Internet. Bowdoin reacted to the raid and the seizure of tens of millions of dollars by comparing the U.S. government to “Satan” and the Secret Service to the 9/11 terrorists. Now 78 and in federal prison, Bowdoin came out of the gate after the seizure by assuring ASD investors that “God” was on the company’s side.
Some MLMers were quick to accuse the government of targeting a fine Christian man who was helping the United States create jobs with a “program” that purported to pay participants back 100 percent of their investment and a profit of 25 percent in only months. (Ten-thousand dollars in ASD purportedly fetched $12,500 within 90 to 125 days, purportedly more if members “compounded” their “earnings,” kept 80 percent of their money in a continuous state of “roll over” and never fully cashed out.)
Essentially there was only one chance that ASD was not a Ponzi scheme during its approximately 18-month run — and that single chance required nearly a complete suspension of logic to destroy the government’s Ponzi case and get ASD off the hook: Had a crazy billionaire or exceptionally well-heeled financier (who also was crazy) given convicted-felon Bowdoin more money than ASD’s rapidly accruing liabilities — basically an enormous line of credit that didn’t have to be paid back and could be tapped on demand for ASD to pay out $1.25 for every dollar it took in until the line was exhausted — ASD would not have been a Ponzi scheme. Absent a benevolent madman-billionaire and the kind of capital it would take to build a nuclear-power plant and operate it indefinitely with zero concern for profit, however, ASD could be one thing and one thing only: a Ponzi scheme using money from “new” members to fund the redemption requests of “old” members or a Ponzi scheme that sustained itself by simply recycling money among members of a closed group.
No madmen-billionaires sufficiently liquid to bankrupt themselves by funding Bowdoin’s stated plan of creating 100,000 ASD millionaires in three years while at once financing the “profits” of tens of thousands of average people seeking to expand the ranks of ASD millionaires well beyond 100,000 appeared to testify on ASD’s behalf at an evidentiary hearing it requested in the fall of 2008.
Here is just one of the reasons MLM has a miserable reputation: Notwithstanding the fact that Bowdoin already was a convicted felon for an Alabama securities swindle in the 1990s and that one of his business partners was a man implicated by the SEC in the 1990s in three prime-bank swindles, some MLMers decided to improve the already bizarre narrative that the government was picking on a grandfatherly Christian.
Petitions were started to paint prosecutors as the bogeymen. (The shorthand for this in MLM’s HYIP Ponzi land is “evilGUBment.”) ASD critics were derided as “maggots.” A “prayer” went out calling for prosecutors to be struck dead from the heavens. A theory was advanced that a Florida TV station should be charged with Deceptive Trade Practices for carrying news unflattering to ASD. A companion theory held that the Attorney General of Florida should be charged with the same offense and that AARP, which lobbies for senior citizens, should lobby for ASD. Meanwhile, some MLMers tried to enlist the U.S. Senate to turn the focus of the investigation away from ASD and Bowdoin and put it on the prosecutors who brought the Ponzi case. One MLMer called for the government’s lead prosecutor to be placed in a medieval torture rack, with ASD members at large drawing straws to determine who got the honor of making the prosecutor’s time in the rack as painful as possible.
Very few people in MLM had anything to say about the circus surrounding ASD. The few who did — perhaps most notably Rod Cook of MLM Watchdog — were excoriated for dismissing the narrative advanced by Bowdoin and other MLMers. All of this was occurring while ASD was provably insolvent. When Bowdoin failed to take the witness stand at the evidentiary hearing he requested, it was explained that he was “too honest” to testify. Both before and after the hearing, some of his most notable Stepfordian apologists advanced a theory that the government secretly had admitted ASD was not a Ponzi scheme and was clinging to the case in a bid to save face.
One ASD member advanced a narrative that the government had taken about $80 million in seized proceeds and invested it in a secret fund to pay for black-ops. It was from this caldron of conspiracy theories and fantastic idiocy that Kenneth Wayne Leaming emerged.
Like other “sovereigns,” Leaming to date hasn’t focused much of his attention on the actual charges against him, even though his conviction could result in considerable jail time. Rather, Leaming mostly has focused on creating a blitz of paperwork on the apparent theory his best “defense” is to keep the Feds and even local officials scurrying to guard all flanks. Since his November 2011 arrest by an FBI Terrorism Task Force, Leaming has sued the President of the United States, the Attorney General of the United States, various officials (including purported “Does”) and a county sheriff in Arkansas.
Members of Zeek Rewards and other MLM schemes should pay attention to the Leaming trial. There can be no doubt that Leaming-like figures existed within the Zeek enterprise. Like ASD before it, Zeek was a magnet to willfully blind MLM hucksters and actual criminals. Both “businesses” best are viewed as racketeering enterprises that posed an untenable risk to the United States and the rest of the world.
For the remainder of this column, the PP Blog will focus on just one crime alleged against Leaming: the filing of a false lien against the U.S. Secret Service agent — not that the other alleged bogus liens are any more palatable or acceptable. The word “disgraceful” hardly covers Leaming’s alleged actions, and yet some MLMers saw Leaming not only as an inspirational figure, but as the wisest man of all.
The Secret Service guards the lives of the President of the United States and the Vice President of the United States and their families. It also guards the lives of former Presidents and international dignitaries and political figures visiting the United States. As the agency is doing this, it also protects the U.S. financial system.
It is unthinkable — so far beyond the pale that it almost defies description — that Leaming, let alone any other American, ever would target a Secret Service agent in a harassment campaign. The Secret Service is a smallish agency by federal standards, yet it is arguably the most important: Markets become unglued when world figures are assassinated or targeted in assassination attempts. Beyond that, history now has shown that an event such as the 9/11 terrorist attacks actually can close markets and restrict freedom, the very things Leaming purports to be upholding.
People of good will are appalled that Leaming apparently thought it somehow his duty to Democracy and Constitutional government to harass a Secret Service agent. Given the critical duties of the Secret Service and its role in both national security and economic security, no American of good will wants to see an agent’s attention divided by the Kenneth Wayne Leamings of the nation and world.
If Leaming is convicted, he should be sentenced to the longest jail term permissible under the law. Never again should MLM or any MLMer stay silent when an obvious fraud scheme surfaces and is “defended” at the exclusion of all logic.
In both form and substance, Zeek was virtually identical to ASD — and yet ASD members and other MLMers joined Zeek. That’s a problem for MLM. whether it admits it or not.
Those ASD members who joined Zeek? They did so even as Kenneth Wayne Leaming allegedly was targeting public officials, including a U.S. Secret Service agent, in campaigns designed to destroy the thin blue line that protects citizens from anarchy. The most dangerous Zeek members are the ones who hoped he’d succeed.
On Feb. 13, the PP Blog reported that a federal judge who was quoting from a pleading by AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming had referenced a domain styled peoplestrust1776.org.
U.S. District Judge Ronald B. Leighton declared Leaming’s filing, which apparently cited the Uniform Commercial Code (UCC), “undecipherable.” The judge exempted prosecutors from responding to a series of recent bizarre pleadings from Leaming, who is jailed near Seattle on charges of filing false liens against public officials in the AdSurfDaily Ponzi case. Leaming, 57, also is accused of other crimes.
Like other purported “sovereigns,” the judge observed, Leaming is “fascinated” by capital letters.
Some “sovereign citizens” appear to believe that pleadings that include capital letters or make UCC claims provide defenses or remedies for everything from murder charges to charges of targeting public officials in harassment campaigns.
Less than two days after the PP Blog published its most recent story about Leaming’s strange defense efforts in the Western District of Washington, the Blog received a would-be comment it is treating as spam because it purported to be in response to a reader who left a comment on the PP Blog nearly two years ago on a different subject. Received at 2:55 a.m. ET today, the unpublished, would-be comment included a link to a post on a Blog whose URL was formed in part with the words “the-full-details-of-kidnapping-of.”
One had to visit the site to determine who allegedly was kidnapped.
The PP Blog visited the link and found a post about Patrick Cody Morgan, a purported Texas “sovereign” who was convicted last year of conspiracy and nine counts of bank fraud in a real-estate swindle involving repeated bids to scam residential mortgage lenders and FDIC-insured banks between 2004 and 2007. The scam involved “trust accounts” and “straw buyers,” prosecutors said. The PP Blog wrote about the Morgan convictions on Nov. 2, 2012. No readers left comments in the thread below the story.
In any event, the would-be commentator apparently wants to generate discussion about the Morgan case and to enlist support for Morgan. Notably, the spammed link received by the PP Blog includes references to the same peoplestrust1776.org domain Leaming cited in an apparent defense bid in his criminal case.
Content on the site whose post link was spammed to the PP Blog overnight appears to be designed to paint government officials or agencies involved in the Morgan case as “the Accused.” Apparently among the purported “Accused” are U.S. Attorney General Eric Holder, FBI Director Robert Mueller, U.S. District Judge Lynn N. Hughes of the Southern District of Texas and others. The site also published florid legalese attributed to Morgan that, like Leaming’s prose, made liberal use of capital letters.
Legalese attributed to Morgan asserts he is “Patrick-Cody: Family of Morgan”; Leaming’s legalese asserts he is “Kenneth Wayne, born free to the family Leaming.”
Some “sovereigns” appear to believe that using exceptionally formal prose, capital letters and/or specific forms of punctuation in court filings somehow provide for a winning defense.
Leighton characterized Leaming’s prose as “gobbledygook.”
Morgan — in his apparent defense — appears to claim he was the victim of criminals working for the government. Leaming has made similar arguments in Washington state.
Precisely what role, if any, peoplestrust1776.org is playing in the Morgan and Leaming cases is unclear.
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 . . .
** ____________________________________ **
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.
BULLETIN: (UPDATED 4:38 P.M. EDT U.S.A.) A federal grand jury in the Western District of Washington has returned a superseding indictment against AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming.
It is the second superseding indictment against Leaming. The first was filed in 2012.
The new indictment was returned yesterday, a day after the White House and the Justice Department referenced “sovereign citizens” in a policy announcement that pointed to an FBI site that defined “sovereign citizens” as “anti-government extremists who believe that even though they physically reside in this country, they are separate or ‘sovereign’ from the United States. As a result, they believe they don’t have to answer to any government authority, including courts, taxing entities, motor vehicle departments, or law enforcement.”
Leaming is 57. His alleged onetime business colleague David Carroll Stephenson, 57, also is named in the superseding indictment. The indictment formally accuses Leaming of filing false liens against a federal judge, two former federal prosecutors and a U.S. Secret Service agent who had roles in the ASD Ponzi case. The liens were filed in August 2010 and November 2010, according to the indictment.
Meanwhile, the indictment accuses Leaming and Stephenson of filing false liens against two U.S. prison officials in July 2011.
Leaming, meanwhile, was further accused of harboring two federal fugitives in 2010 and of being a felon in possession of six firearms.
At the same time, the indictment accuses Leaming of passing a bogus “Bonded Promissory Note” for $1 million in March 2008, in a bid to defraud the United States.
Leaming and Stephenson are being held at the SeaTac federal detention center near Seattle.
ASD was a $119 million Ponzi scheme brought down by the Secret Service in August 2008. Leaming reportedly was performing legal work for some ASD members, even though he is not an attorney.
Leaming was arrested in Spanaway, Wash., by an FBI terrorism Task Force in November 2011. He has been jailed since then. Stephenson already was serving a federal sentence for a tax crime when Leaming was arrested.
Leaming has an existing federal felony conviction for piloting an aircraft without a license.
BULLETIN: (UPDATED 1:36 P.M. ET U.S.A.) A prosecutor has been shot dead in an ambush outside a courthouse in Kaufman County, Texas, multiple media outlets are reporting.
Two gunmen may be on the loose, and police are treating the shooting as an attack on the criminal-justice system, according to early reports.
The prosecutor, an assistant district attorney, was shot five times, and one of the assailants “may have been wearing a tactical jacket or vest,” MyFoxDFW is reporting. Separately, the Dallas Morning News is reporting that authorities with “knowledge of the assistant DA’s caseload say he had been heavily involved in the investigation of members of the Aryan Brotherhood” and that investigators are seeking to determine if the shooting could be related to that investigation.
The FBI has described the Aryan Brotherhood as a “a violent white supremacist gang, formed within the California state prison system in the late 1960s.”
Authorities believe that at least one person, possibly two, were involved in the shooting – both are still at large. State troopers have confirmed that an all points bulletin has been put out for two males, wearing all black clothing and some type of vests, possibly tactical. Chief Aulbaugh said, “We had some witnesses that saw an individual fleeing the area on foot and getting into a vehicle.” That vehicle is described as a possibly dark brown or silver-colored sedan, similar to a Ford Taurus, with no license plates.
If you file a false lien against public officials and police in New York, you’d be committing a felony under a proposed new law sponsored by three Republican state Senators.
The Senators have proposed that violators of the new law be punished by a fine of up to $10,000 per instance or serve up to a year in jail — or both.
Although a federal law is in place to protect federal officials, New York has no corresponding state law to protect state and local officials and police officers from what has been described as “paper terrorism” carried out by purported “sovereign citizens.”
The principal sponsor of the state bill is Sen. George D. Maziarz. Cosponsors include Sens. John A. DeFrancisco and Michael H. Ranzenhofer.
In recent years, members of the so called “Sovereign Citizens Movement” have begun to utilize the tactic of filing multiple false or fictitious liens against police officers and public officials as a means to intimidate these individuals and undermine the rule of law. The FBI describes such individuals as anti-government extremists who believe that even though they are in the country they are separate or “sovereign” from the United States. There are multiple examples across New York State of “sovereigns” using false liens as a part of a scheme to destroy the lives of ordinary people who are simply doing their jobs. These bogus liens are meritless, but in multiple cases they were accepted by the Department of State and other entities and began to appear on credit reports and had a significant and negative impact on law abiding citizens.
There have been uber bizarre cases involving “sovereign citizens” in New York, including one in which an individual who once reportedly stole a tractor trailer full of “canned beans” was convicted of running a tax scam from jail after being influenced by a purported “sovereign citizen” website article attributed in part to “Obi-Wan Kenobi.”
In a development that could give pause to promoters of the purportedly “private” Profitable Sunrise scheme now on the radar of regulators in North America and Europe, a Florida man has been sentenced to 10 years in federal prison for his role in pitching a purported “opportunity” known as Queen Shoals.
