Tag: Jeffrey Taylor

  • 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.

  • BREAKING NEWS: Court Rejects Richmond Appeal Bid In Criminal Contempt Of Court Case For Threatening Judges

    UPDATED 10:34 A.M. EST (U.S.A.) The U.S. Court of Appeals for the 9th Circuit (Pasadena) has denied Curtis Richmond’s bid  to have criminal contempt of court charges for threatening federal judges dismissed.

    Richmond argued that he was denied his right to a speedy trial.

    The appeals court rejected his argument, but the effect of the ruling was not immediately clear.

    In 2007, Richmond was convicted of criminal contempt of court for threatening federal judges. He was sentenced to six months’ home confinement with electronic monitoring, a $1,000 fine and five years’ probation.

    He is now a central figure in the AdSurfDaily case and has threatened to bring charges against U.S. District Judge Rosemary Collyer, U.S. Attorney Jeffrey Taylor, Assistant U.S. Attorney William Cowden and others.

    Richmond argued in court briefs that he’d already served the home-confinement portion of his sentence even though he hadn’t been formally detained at home and was out on bail, pending trial.

    His argument appears to suggest that he satisfied the requirement of six months’ home confinement before the trial on the charge even was held.

    He told the court that the fact he was not permitted to leave San Diego County under the terms of his bail meant that he was in custody and had satisfied his six-month sentence at home.

    “The Petitioner recently learned in talking to the Tribal Atty. General that he had already served his 6 months of Custody and where he needed to go to get the Legal Evidence,” Richmond said in November 2007 court filings.

    Richmond is a member of a sham Utah Indian tribe tied to bizarre litigation and threats to imprison federal judges.

    “The Petitioner was Arrested on May 17, 2006, Jailed, and was brought for arraignment on May 18, 2006 when he was allowed to be out On Bail but Could Not Leave the County Without the Court’s Permission and was Under The Control of the Probation Department” Richmond said.

    “Any Restraint of one’s Liberty of Movement Is Considered Custody[,] which means the Petitioner’s 6 Months Arrest & Sentence Expired Nov. 17, 2006,” he argued.

    But the actual trial on the contempt charges wasn’t held until February 2007, two years ago this month.

    Owing to the nature of Richmond’s appeal filings, a federal judge ordered that a public defender be appointed to represent him. An attorney was appointed in December 2007. About 6 months later, the attorney petitioned the court to withdraw as Richmond’s counsel, but the court refused to let him withdraw.

    The denial by the 9th Circuit was Richmond’s second loss in the U.S. Court of Appeals in the past month. His appeal in the 10th Circuit (Denver) was rejected because he failed to follow procedures. The case in the 10th Circuit dealt with a finding by a federal judge that Richmond and co-defendants from the sham Utah tribe had engaged in rackeetering by pestering public servants and filing vexatious litigation.

  • 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.)

  • BREAKING NEWS: Curtis Richmond, Man Linked To Sham Utah ‘Indian’ Tribe, Files Motion To Intervene in ASD Case; Says Judge Collyer Faces Criminal Charges

    UPDATED 12:19 A.M. EST (FEB. 5, U.S.A.) Curtis Richmond has filed a motion to intervene in the ASD case. On the cover page of the motion, Judge Rosemary Collyer inserted a handwritten note:

    “Let this be filed,” she wrote.

    richmondasdmotion350Inside the motion Richmond accused the judge and a court clerk of felonies. He filed the motion as the chairman of Pacific Ministry of Giving International of Solana Beach, Calif.

    Pacific Ministry of Giving International had $41,000 at stake in ASD — including “Upgrade Bonuses promised between July 14th and Aug. 1, 2008” — and lost access to the money because of the government seizure, Richmond said.

    Richmond asserted that, if Collyer doesn’t do as he says and overturn the forfeiture, she is guilty of civil-rights violations and is violating U.S. law. He also threatened two federal prosecutors — U.S. Attorney Jeffrey A. Taylor of the District of Columbia and Assistant U.S. Attorney William Cowden — with “legal damages,” saying he had a “binding contract” with them as a result of certified mail he had sent them.

    Cowden and Taylor ignored ASD members’ Constitutional rights in the ASD asset seizure, did not properly notify members of the seizure and interfered with commerce, Richmond claimed.

    He accused Collyer, Taylor, Cowden and Court Clerk Nancy Mayer-Whittington of engaging in a conspiracy to deny justice. He specifically accused Collyer and the prosecutors of theft.

    “The U.S. Atty. and/or U.S. Judge Had No Authority or Jurisdiction to Steal Most of the $93 million of ASD Member Ownership Interest,” Richmond said, using a mix of uppercase and lowercase letters. “All of the ASD Members had a Constitutional Right to Make A Contract With ASD and None of the ASD Members had a Contract With the U.S. Government.”

    A nonlawyer representing himself, Richmond advanced his theory of the case:

    “Since the U.S. Atty. could not present any court order giving him Authority to Seize the $40 million of Cashier Checks and deposit them in an Account Of His Choosing, he is Guilty of Misappropriation of Funds [at] a minimum and very possibly Embezzlement,” Richmond claimed.

    Richmond claimed he had “irrefutable” evidence against Collyer and the prosecutors.

    “This was accomplished by sending by Return Receipt with a ‘Demand For Legal Evidence Affidavit’ to William Cowden, Assist. U.S. Atty., Jeffrey Taylor, U.S. Atty., and Roy Dotson, Special Agent, U.S. Secret Service[,] giving them 7 Days to present Legal Evidence that the Statements Made in the Demand For Legal Evidence[,] including the Listed Constitutional Rights, WERE FALSE,” Richmond claimed.

    “The Demand for Legal Evidence [was] part of Notarized Affidavits and clearly stated “Your Silence will be an Admission that you do not have the Legal Evidence,” he said.

    Cowden, Taylor and Dotson knowingly and willingly defaulted on his demands “because they had no Legal Evidence or believed they were above the law,” Richmond said. “Attorneys & Judges Are Not Above The Law. A Lawful Default Is a Lawful Default.”

    Richmond V. Collyer

    In his motion, Richmond said Collyer “sat on” a previous motion he attempted to file in the case in the days immediately prior to her November ruling that ASD had not demonstrated it was a legal business and not a Ponzi scheme. Richmond ultimately was denied leave to file.

    Richmond said he filed 19 affidavits in support of his claims, and that Collyer and Mayer-Whittington are guilty of at least 60 felonies, including felonies that include prison sentences of up to 12 years for each affidavit that wasn’t filed.

    “Judge Collyer had the Clerk of the Court Return All Of The Motion To Dismiss Affidavits[,] including the 19 Demand For legal Evidence Notarized Affidavits In Support to Curtis Richmond,” he said.

    “This is like having 21 Witnesses to a Murder,” Richmond continued. “Judge Collyer is Guilty As Charged . . .”

    One of the aims of Richmond’s motion appears to be to force Collyer to withdraw from the case. He accused her of operating a “Kangaroo Court.”

    He accused Chief U.S. District Judge Royce Lamberth of becoming a co-conspirator, saying Lamberth also erected hurdles to block Richmond from filing as a party in the August forfeiture complaint against assets tied to ASD.

    “Either Judge Lamberth is unbelievably biased, believing he is Above The Law, or he does not know how to read the English language,” Richmond said.

    Lamberth also operated a “Kangaroo Court,” Richmond asserted.

    Richmond has a history of filing vexatious lawsuits and court motions, and of employing a strategy known as “Mailbox Arbitration” to hamstring prosecutors, judges, court clerks and others. He was convicted of criminal contempt of court in California in 2007 for threatening or trying to intimidate judges.

    Last year, a federal judge ruled an “Indian” tribe with which he is associated in Utah a “sham.” Various vexatious filings against public servants were made in the Wampanoag Nation, Tribe of Grayhead, Wolf Band case, and the judge ordered Richmond and other “tribe” members to pay damages and costs in excess of $100,000.

    In the “Indian” case, huge financial judgments against prosecutors and others were sought. At least one “tribe” member tried to enforce a bogus judgment in the hundreds of millions of dollars.

    In court filings, Richmond has claimed he was a “Sovereign” who answered only to Jesus Christ and enjoyed diplomatic immunity from prosecution.

    “Professor” Patrick Moriarty, a former board member of a defunct organization known as ASD Members International (ASDMI), associated himself with Richmond on Moriarty’s website. At the same time, Steve Watt, another former ASDMI board member, told visitors to TheJoyLuckClub ASD news site that Richmond’s court filings would lead to a major criminal complaint against members of the government.

    Before folding last month, ASDMI said on its website that it had recruited 167 members to litigate against the government in the ASD case. Moriarty also wrote of a certified-mail campaign and solicited funds to make it happen.

    Screen Shots

    1.

    indianchildrenCurtis Richmond’s signature as “Arbitrator” for a “tribal” panel set up by a sham Utah “Indian” tribe. In this case, the panel issued a fraudulent award of $300,720 and interest at “18% per annum against the Utah Department of Child & Family Services in a family matter.

    2.

    indianjudgeSham “Indian” arbitration panel issues award of $9,535.67 to sham “Indian chief.” The “award” was lodged against a judge, assessing the judge interest of 18 percent per annum and collection costs “not exceeding 30% of the principal sum.” The “chief,” Dale Stevens, later was arrested on child porn charges and announced his intention to marry two underage girls, including a 12-year-old, with whom he sought marriage in exchange for half a cooler of “energy bars.” Stevens, 69, acknowledged his plan in open court.