BULLETIN:Timothy Shawn Donavan, one of two federal fugitives from Arkansas found in Washington state Nov. 22 with AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming, is back in jail.
Separately, records show that Leaming’s Washington state firm was the registered agent for two defunct companies linked to the alleged Donavan mail-fraud scheme and that Leaming himself — using the name “Kenneth Wayne” and dropping his surname — was an officer in the companies.
U.S. District Judge P.K. Holmes III revoked Donavan’s bond after Donavan, 63, refused to be sworn at a court proceeding in Arkansas earlier this month in violation of a bond condition that required him to cooperate at pretrial hearings in the mail-fraud case filed against Donavan in February 2011.
Meanwhile, Donavan’s co-defendant in the mail-fraud case, Sharon Jeannette Henningsen, also is listed as back in federal custody. The circumstances surrounding her renewed detention were not immediately clear.
Henningsen, 67, also was found with Leaming in the Pacific Northwest, federal prosecutors said in November. Donavan and Henningsen were participants in an Arkansas-based fraud involving envelope-stuffing, according to an indictment filed in February 2011.
Donavan and Henningsen were freed on conditional bond several days after their arrests in Washington state. They returned to Arkansas, and trouble begun anew in very short order, according to court records.
In the order revoking Donavan’s bond, Holmes said that Donavan “continues to insist, as he has in past proceedings, on repeating incomprehensible legal jargon in response to any question the Court posits, instead of cooperating with Court proceedings and responding appropriately to questions asked. Donavan ultimately refused to either swear or affirm to tell the truth during the proceedings.”
The judge warned Donavan that he’d be taken into custody by U.S. Marshals if he refused to cooperate, according to the order revoking bond.
On Jan. 23, Holmes ordered Donavan to be transported to a Bureau of Prisons medical facility in Texas, according to records.
On Dec. 28, Donavan and Henningsen filed a strange pleading styled “NOTICE of Tender for Setoff and a Request Regarding a Statement of Account by Sharon Jeannette Henningsen and Timothy Shawn Donavan.”
The Dec. 28 pleading was filed on the heels of other strange pleadings, including one styled,”Notice: Forgive Me Request; Constructive Notice of Conditional Acceptance and Request to Continue Public Proceedings.”
Although Donavan and Henningsen had been scheduled to go on trial Jan. 19, the trial date has been canceled — and prosecutors have filed a superseding indictment against both defendants that adds at least four mail-fraud-related counts to the 15 originally filed 11 months ago.
In the new allegations, federal prosecutors referenced two defunct Washington state companies — 1st Incentive Co. and Trail Head Options Inc. — allegedly tied to the Arkansas fraud of Donavan and Henningsen.
Both firms, according to records in Washington state, listed Leaming’s firm — American International Business Law Inc. — as their registered agent. Leaming, who sometimes drops his surname and uses simply “Kenneth Wayne,” is listed as an officer of both companies.
Prosecutors said the Donavan/Henningsen mail-fraud scheme netted more than $2.2 million.
Leaming, 56, of Spanaway, Wash., was arrested in November on charges of filing bogus liens against at least five public officials involved in the ASD case. The U.S. Secret Service said ASD was a Florida-based Ponzi scheme that gathered at least $110 million.
ASD President Andy Bowdoin, 77, was charged with wire fraud, securities fraud and selling unregistered securities in 2010.
Some ASD members reportedly relied on Leaming for legal advice, even though he is not an attorney. Whether Dovavan and Henningsen did the same thing is unclear. Also unclear is whether they were ASD members.
Leaming is jailed near Seattle. He is not named a defendant in the Arkansas case, but the indictment refers to at least one “unindicted co-conspirator.”
Seven firearms were found last week at the scene of the arrest of Kenneth Wayne Leaming in Spanaway, Wash., the office of U.S. Attorney Jenny A. Durkan of the Western District of Washington said last night.
Durkan’s office said it could not discuss whether the government was contemplating taking the firearms matter before a grand jury. Leaming, a purported “sovereign citizen,” was arrested by the FBI last week on charges that he filed bogus liens against five public officials involved in the AdSurfDaily Ponzi case.
The FBI filed the false-liens charges via a 17-page criminal complaint. Information about the alleged presence of firearms came out during testimony at a detention hearing for Leaming last week, Durkan’s office said.
Prosecutors argued in court filings last week that Leaming was a “serious” flight risk who posed a risk to public safety, and a judge found after hearing testimony from two government witnesses that Leaming lacked an “appropriate residence.”
U.S. Magistrate Judge J. Richard Creatura ordered Leaming detained, finding that “no condition or combination of conditions which defendant can meet will reasonably assure the appearance of the defendant as required and/or the safety of any other person and the community.”
Creatura specifically found that Leaming’s history included a “failure to comply with Court orders and terms of supervision” that evolved from a previous case and that Leaming lacked an “appropriate residence.”
Leaming, 55, pleaded guilty in March 2005 to a federal felony of piloting an aircraft without a valid airman’s certificate, according to records. He spent 31 days in jail, and was formally sentenced in August 2005 to time served. Leaming also was placed on probation for a year. On at least two occasions after his guilty plea and sentencing, Leaming was brought up on charges of violating the conditions of his probation, according to federal records.
On one of the occasions in which he violated his probation, Leaming claimed he had “diplomatic status or immunity.” On another occasion, he filed a “vexatious lawsuit lien or retaliatory complaint,” according to the FBI
Leaming has been detained at the Sea Tac Federal Detention Center near Seattle since his arrest eight days ago.
Nearly three years after Leaming pleaded guilty to having no pilot’s license while flying a Cessna aircraft repeatedly between 2002 and 2004, he filed a document styled in part as “NOTARY PRESENTMENT OF: BONDED REPORT OF FRAUDULENT SECURITIES” in a bid to overturn his conviction in the aircraft-piloting case, according to court filings.
The document, dated June 3, 2008, and placed in the court record six days later, named the judge who sentenced Leaming in the case a “3rd Party Respondent.” Five other individuals also were named “3rd Party Respondent[s].”
“COMES NOW the man, Kenneth Wayne, of the family LEAMING, to provide the above titled ‘court’ (BANK) and its named officers a BONDED REPORT OF FRAUDULENT SECURITIES, and to provide said officers an opportunity to SUA SPONTE vacate the entire record of ‘prosecution,’ ‘conviction’ and ‘sentence’ upon which the fraudulent securities were issued,” the document began.
It went on to accuse the judge and others of “BARRATRY” and to argue that the court in the Western District of Washington through which his conviction was recorded was “actually a bank” and a “commercial” enterprise.
A plea bargain that had led to Leaming’s guilty plea three years earlier was forced on him under “THREAT OF DEATH,” Leaming argued unsuccessfully.
The June 2008 document was notarized by Tina M. Hall, according to the stamp. In January 2010 and February 2010 — approaching two years after Hall’s name appeared in Leaming’s pleadings in U.S. District Court for the Western District of Washington — her name appeared on the court docket of U.S. District Judge Rosemary Collyer in the civil portion of the ASD Ponzi case in the District of Columbia. Those filings, which were rejected, were styled “Claim by Notary Presentment.”
Collyer is presiding over both the criminal and the civil aspects of the ASD Ponzi case. ASD President Andy Bowdoin, 77, was arrested by the U.S. Secret Service in December 2010. Bowdoin is scheduled to go on trial on charges of mail fraud, securities fraud and selling unregistered securities in September 2012.
Leaming now is accused of filing a bogus lien against Collyer in Pierce County, Wash., nearly 3,000 miles from the District of Columbia. The state of Washington revoked Hall’s notary license last year, according to records.
Leaming also is accused of filing bogus liens against the federal prosecutors and the Secret Service agent involved in the ASD case.
Among the allegations against Leaming is that he sent an email in May 2011 to David Carroll Stephenson, a former business partner and a federal prisoner. That email referenced the “kids” of U.S. Chief Justice John Roberts and their “school,” according to the complaint against Leaming.
“In this email,” the FBI agent who sought Leaming’s arrest in the false-liens case 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.”
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.
URGENT >> BULLETIN >> MOVING: AdSurfDaily figure Kenneth Wayne Leaming was arrested Tuesday by the FBI on criminal charges of retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title, the PP Blog has learned.
Leaming, 55, of Spanaway, Wash., was arrested at his home, the office of U.S. Attorney Jenny A. Durkan said this evening. When arrested, Leaming was found with two federal fugitives from Arkansas. Both were arrested with Leaming and are detained at the Sea Tac Federal Detention Center near Seattle. Leaming is being held at the same facility.
Prosecutors identified the fugitives as Timothy Shawn Donavan and Sharon Jeannette Henningsen. Prison records say Donavan is 63; Henningsen is 67. They were accused of mail fraud in an alleged home-based business scheme involving stuffing envelopes.
Prosecutors in Seattle said Leaming is accused of filing liens against at least five federal employees involved in the ASD case, including a federal judge, a former U.S. attorney, a former assistant U.S. attorney, a current assistant U.S. Attorney and an agent of the U.S. Secret Service.
Bail details for Leaming and the Arkansas fugitives were not immediately clear.
UPDATED TO ADD COMMENT FROM U.S. MARSHALS SERVICE AT 3:21 P.M. EDT (U.S.A.) Federal prosecutors in the District of Columbia this morning declined to comment on an email received Saturday by some AdSurfDaily members that encouraged them to file documents at the “county” level and “name” federal officials as “thieves.”
Prosecutors also declined to comment on whether the government had beefed up security for judges and prosecutors in response to strange developments in the ASD case. On Saturday, some ASD members received an email that encouraged them to send a “notary certified copy” of theft claims they file in their home counties against federal officials to the home address of U.S. Chief Justice John Roberts.
“No comment,” the office of U.S. Attorney Ronald C. Machen Jr. said.
The U.S. Marshals Service, which provides security for the U.S. court system, said this afternoon that “it is the policy of the U.S. Marshals Service not to comment on or confirm ongoing judicial threat investigations.”
The PP Blog reported yesterday that ASD figure Kenneth Wayne Leaming, a reputed “sovereign citizen” who sometimes goes by the names of “Kenneth Wayne” and “Keny,” filed involuntary bankruptcy petitions in 2009 against the Washington State Bar Association and a Franciscan hospital in Washington state.
Leaming’s combined claims totaled more than $41 billion. He was permanently enjoined “forever from filing a bankruptcy petition or any other pleadings before this court without the advance leave from one of the bankruptcy judges of this court,” according to federal records.
“Keny” has been cited by ASD members as the author of a November 2010 “legal opinion” and as the author of Saturday’s email that provided guidance to ASD members. The ASD case had been marked by strange events since the U.S. Secret Service seized tens of millions of dollars in a Ponzi scheme probe in August 2008.
In the profiles, Leaming had been listed as an attorney who advertised a fee structure of up to $250 an hour from Spanaway, Wash.
Leaming was the subject of a letter sent in 2005 by the Practice of Law Board of the State of Washington. The Law Board made a determination in December 2005 that Leaming’s conduct in cases it was investigating “constitutes the unauthorized practice of law.”
In one case, the Law Board said, a notary public accused Leaming of coercing her into “notarizing documents that resulted in the loss of her notary license.”
Leaming became a figure in the ASD case in 2010 after he was denied leave to file documents in the civil portion of the ASD case and later joined with ASD figure Christian Oesch, an unsuccessful pro se litigant in the case, to sue the United States — apparently for the staggering sume of more than $29 trillion.
Civil judgments against money and property seized by the Secret Service in the ASD case were entered in the government’s favor in 2009 and 2010, and the prosecutors returned $55 million to about 8,400 ASD members last week through a process known as remission.
There were repeated efforts by some ASD members to discourage others for filing for remissions.
Bowdoin’s email followed on the heels of an email by an ASD member named “Sara” that claimed to provide “insider information” that a government plot was under way.
Since at least July, Bowdoin has been soliciting ASD members to pay for his criminal defense on charges of wire fraud, securities fraud and selling unregistered securities.
Screen shot from the Congessional Record of April 8, 2011. (Also see image and link to full-scale PDF below.)
UPDATED 6:55 P.M. EDT (U.S.A.) A garden-variety, lawful protest commonly received in mailrooms within the halls of power? A self-serving, reality-inverting tale of the civil-forfeiture case against the proceeds of an alleged $110 million autosurf Ponzi scheme? A backdoor bid to end-run rulings made by the U.S. Judiciary and hand an invoice to the U.S. Congress for purported damages and financial penalties against public officials sprouting from the government’s alleged mishandling of the ASD case?
The staff of Senate Judiciary Committee Chairman Patrick Leahy, D-Vermont, did not immediately respond to a PP Blog request for comment this afternoon on a document apparently tabled by the panel after it was received in April after having been submitted by American-International Business Law Inc.
AdSurfDaily figure Kenneth Wayne Leaming, a purported “sovereign citizen,” is listed in Washington state records (as “Kenneth Wayne”) as the chairman and president of American-International Business Law Inc. The firm’s name appears in the Congressional Record of April 8 as the presenter of a “petition . . . relative to a claim against the United States of America.”
Among other things, Leaming, who once was convicted of piloting an airplane without a license, also was accused of practicing law without a license. He has purported to be a specialist in admiralty law — and has advertised the availability of a lower rate for “prepaid” clients.
Details about the April document were not provided in the Congressional Record entry, and Leahy’s committee staff was unable to provide details immediately. The Blog asked the staff staff to provide a copy of the claim and, if possible, forward it to the Blog. Whether the staff will be able to accommodate the request was not immediately clear.
Leaming and ASD member Christian Oesch unsuccessfully sought to sue the United States last year in the U.S. Court of Federal Claims, apparently seeking the staggering sum of more than $29 TRILLION — more than twice the U.S. Gross Domestic Product in 2009.
Their lawsuit targeted federal employees who had a role in the civil-forfeiture case filed against tens of millions of dollars alleged to be the proceeds of a massive Ponzi scheme conducted by Florida-based ASD. About $65.8 million was seized by the U.S. Secret Service from the personal bank accounts of ASD President Andy Bowdoin, and federal prosecutors in the District of Columbia scored a clean sweep in forfeiture-related litigation. The government now holds title to about $80 million seized from ASD-related bank accounts.
The lawsuit came in the form of purported “Certificates of Default” issued against public officials on Feb. 16, 2010, by Tina M. Hall, a notary public with ties to Leaming.
Hall’s notary license was revoked by the state of Washington in October 2010, about three months after Leaming and Oesch filed their lawsuit. The PP Blog reported yesterday that the license of Kathryn E. Aschlea, a second notary with a tie to Leaming and American-International Business Law Inc., also had her license revoked by the state of Washington.
When Judge Christine Odell Cook Miller dismissed the Leaming/Oesch lawsuit in December 2010, she noted that the complaint included a claim by Hall that the officials had failed to respond to “claims in admiralty.”
“At this point the complaint deteriorates into rambling,” the judge wrote in her dismissal order.
Whether the Judiciary Committee received a similar rambling narrative from Leaming and Oesch and one or more notaries public is unclear.
EDITOR’S NOTE:So-called “sovereign citizens” have made news in the AdSurfDaily Ponzi case and in other court actions across America. One of the hallmarks of sovereign citizens is the pro-se pleading, including pleadings in which the filers do not use their full given names. (Think “Kenneth Wayne” in the ASD case, as opposed to “Kenneth Wayne Leaming” or “Kenneth W. Leaming.”)
Such pleadings often are impossibly off-point and read like political statements, as opposed to well-reasoned legal arguments grounded in rational thought. Judges across the United States have encountered instances in which sovereign citizens try to impose financial penalties against them, and there even have been cases in which judges were threatened with arrest and civil prosecution under the federal RICO statute for carrying out their public duties.
The story below is about how pro-se pleader and self-styled sovereign citizen Charlotte Kempf sought to sue Colorado Judge Karla J. Hansen in federal court for alleged civil-rights violations. It begins with a quotation from a decision released Monday by the U.S. Court of Appeals for the 10th Circuit and concludes with a 21-year-old case-law citation involving a self-described sovereign citizen who received a five-year prison sentence for flouting the law.
“[W]e note that an individual’s belief that her status as a ‘sovereign citizen puts her beyond the jurisdiction of the courts ‘has no conceivable validity in American law.’” — United States Court of Appeals, Tenth Circuit, Aug. 15, 2011.
Simply ‘Charlotte’
Charlotte Kempf was convicted of traffic violations in Colorado’s El Paso County Court. She then filed a civil-rights lawsuit in federal court against Karla J. Hansen, the trial-court judge who imposed fines and a five-day jail sentence, according to court records.
The filing of the case meant that Hansen had to defend herself in federal court over her judicial decisions in a traffic case in state court because Kempf was displeased with the outcome. The financial costs to the judge and taxpayers were not immediately clear.
Kempf’s first bid to hold Hansen accountable for alleged improper actions in a traffic case and allegedly conducting a flawed trial failed. U.S. District Judge Robert E. Blackburn of the District of Colorado ruled last year that “absolute judicial immunity shields Judge Hansen from the plaintiff’s claims.”
But Kempf, who describes herself as a “sovereign citizen” and sometimes refers to herself simply as “Charlotte,” appealed to the 10th Circuit. Kempf also sometimes refers to herself as “Charlotte of the Kempf family” and “Charlotte d.b.a. CHARLOTTE KEMPF” while rejecting “the use of her surname,” according to court filings.
A three-judge appeals panel unanimously ruled against Kempf on Monday. The case is styled CHARLOTTE v. HANSEN,” with simply “CHARLOTTE” as the Plaintiff-Appellant, and KARLA J. HANSEN, State Trial Judge” as the Defendant-Appellee.
“Kempf was convicted in El Paso County court of a number of traffic violations,” the appeals panel said. “She then sued Hansen, the judge who presided over her trial, in federal court. Hansen moved to dismiss Kempf’s complaint, asserting absolute judicial immunity from civil suit. Appealing pro se, Kempf repeats several arguments she asserted below, and advances a number of additional claims in her reply brief, including that she is a ‘sovereign citizen.’”
In affirming the dismissal of the complaint against Hansen, the appeals panel wrote that it had a message for Kempf.
“For Kempf’s benefit, however, we note that an individual’s belief that her status as a ‘sovereign citizen’ puts her beyond the jurisdiction of the courts ‘has no conceivable validity in American law.’”
The panel pointed to United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990), in its Kempf decision.
Kenneth Wayne Leaming, also known as "Kenneth Wayne" and "Keny."
UPDATED 5:52 P.M. ET (U.S.A.) A Washington state man emerging as a figure in the AdSurfDaily forfeiture case claimed a small town 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.
Kenneth Wayne Leaming of Spanaway filed a lien for $10 million in 2009 against the city of Puyallup, Wash., in the case. Among the claims were that Puyallup engaged in terrorism by controlling “multiple electronic broadcast media” and employing police who used “chemical and biological weapons,” “machine guns” and “explosives.”
The lien was notarized by Tina M. Hall, a Leaming business associate and another emerging figure in the ASD case. Hall’s notary license was revoked last month. Leaming has been linked by the Anti-Defamation League to an “extremist group” known as “Little Shell Pembina Band of North America.”
Puyallup is a city of about 33,000 in Pierce County.
Pattern Of Filing Astronomical Liens
In a separate case in which Leaming’s name is referenced as a co-defendant with Janice Kay Bryson, a lien for more than $19 billion was placed against several individuals and the city of Fife, Wash., another small town in Pierce County. Records show that Leaming has been assessed sanctions of at least $15,000 in Washington state for filing false liens.
Fife has a population of about 4,800. Puyallup, named in the $10 million lien, somehow also became a party along with Fife in the $19 billion lien.
Lien For Billions Filed Against Hospital With Historic Roots To St. Francis Of Assisi And The Order Of Poor Ladies Founded By St. Clare
Leaming also filed a bogus lien for $9.2 billion against St. Clare Hospital, a faith-based facility in Washington state that admitted 6,995 patients, handled 48,363 patient visits to its Emergency Department and received 26,114 outpatient visits during the 2008 fiscal year.
Hall also affixed her notary seal to the lien against St. Clare, which is operated by Franciscan Heath Systems and traces its faith-based healthcare mission in Washington state to 1891.
The Franciscan Order is named after St. Francis, known the world over as St. Francis of Assisi, who died 784 years ago, in 1226, after rejecting earthly wealth and living in poverty as a street preacher. He is one the most revered figures in the annals of Christianity.
One of the first followers of the man who became known as St. Francis of Assisi was Chiara Offreduccio. She became known as Clare of Assisi and, after being elevated to sainthood, St. Clare. Clare of Assisi was the founder of the Order of Poor Ladies which, like the Franciscan Order, rejected earthly wealth. The Order of Poor Ladies went on to become known as the Order of St. Clare, known the world over as the “Poor Clares.”
Leaming sought to attach “all tangible and intangible property” of the St. Clare Franciscan facility, including its money, furnishings and fixtures, according to records. St. Clare was Leaming’s community hospital in Spanaway. Ironically, AdSurfDaily members had positioned ASD in promotional materials as the invention of a Christian “genius” and an attractive way for people of faith to make enormous sums of money by clicking on advertisements for less than 20 minutes a day.
Members who recruited other members were paid commissions of 10 percent. Commissions for second-level recruits in the MLM scheme were set at 5 percent. ASD member and purported company “trainer” Robert Fava claimed in a testimonial that he made $1,000 a day from ASD.
ASD President Andy Bowdoin, speaking at an event in Las Vegas in May 2008, exhorted attendees to “to have an attitude of gratitude with God” and imagine themselves in possession of “a big check coming in from AdSurfDaily.” Bowdoin thanked God from the stage for developing him into a “money magnet.”
Video from the Las Vegas event shows members standing in line to turn money over to ASD — and employees placing paperwork into plastic baskets. By Aug. 1, 2008, about two months after the Las Vegas gathering, the U.S. Secret Service seized tens of millions of dollars from 10 personal bank accounts held by Bowdoin, amid allegations of money-laundering, wire fraud and operating a Ponzi scheme. Court filings placed the amount seized from Bowdoin at $65.8 million.
One of his personal accounts contained more than $31.6 million; another contained more than $23.7 million. Prosecutors said ASD was not Bowdoin’s first brush with the law. In the 1990s, he pleaded guilty to felonies that flowed from an Alabama securites caper, avoiding prison by agreeing to make restitution to victims.
About $14 million more under the control of Clarence Busby and an ASD-related company known as Golden Panda Ad Builder also was seized by the Secret Service. The abbreviation “Rev.” was attached to Busby’s name 120 times in an ASD-related court filing that accused the company and unnamed co-conspirators of racketeering.
Busby was accused by the SEC in the 1990s of participating in three prime bank schemes in which investors were promised enormous returns that did not materialize.
Why Leaming, who acknowledges an “Almighty Creator” only known as “I am” in documents that identify Leaming as “Postmaster,” would seek to vex and bankrupt a faith-based hospital and two small towns in Washington state is unclear.
Also unclear is why any ASD member would put faith in the purported legal skills of Leaming, who was accused of the unauthorized practice of law in the state five years ago and was the subject of a protection-from-abuse order filed by a notary public who claimed he coerced her into notarizing documents.
At least two notaries public have lost their licenses in Washington state after performing work for Leaming, according to records.
At Least 3 ASD Filers Have Leaming Ties
Excluding himself, Leaming now has been linked to at least three people who either filed or attempted to file documents in the ASD case: Hall, Christian Oesch and Kathryn E. Aschlea.
On June 11, 2010, Aschlea was blocked by U.S. District Judge Rosemary Collyer from filing a document styled “Claim by Notary Presentment/Acceptance” in the ASD forfeiture case in the District of Columbia.
The nature of the blocked filing is not publicly known.
Records in Washington state identify a woman by the same name as a notary public. Meanwhile, Kathryn Aschlea is listed as a business partner of Kenneth Wayne Leaming in a venture known as FAN NW LTD INC. Aschlea is listed as a “governing person” and vice president of the firm, with Leaming — shortening his name to “Kenneth Wayne” by dropping the surname “Leaming” in the registration — listed as president and a “governing person.”
The unsuccessful bid to file in the ASD case occurred more than five months after Collyer issued a final order of forfeiture that granted the government title to the money seized by the U.S. Secret Service from Andy Bowdoin. Collyer signed an order in July 2009 that awarded the money seized from Busby’s Golden Panda to the government.
Federal prosecutors announced more than two years ago that money declared forfeited would be used to compensate victims.
Prosecutors brought the forfeiture case to enforce wire-fraud and money-laundering laws, according to court records. A racketeering statute also is referenced in the forfeiture complaint.
Collyer has consistently ruled that nonparty claimants have no standing in the ASD case.
On July 2, 2010 — nearly six months after Collyer issued the final forfeiture order and four months after Bowdoin appealed it — Collyer blocked Leaming and Christian Oesch from filing a document styled “Notice of Final Determination and Judgment by Christian Oesch and Kenneth Wayne.”
Like Aschlea and Hall, Oesch has a business tie to Leaming. A Leaming company known as AMERICAN INTERNATIONAL BUSINESS LAW INC. is listed as the registered agent for an Oesch-controlled company in Washington state known as HUMAN ECONOMIC RESOURCE SOLUTIONS LTD.
Records list Hall as vice president of AMERICAN INTERNATIONAL, with Leaming as its president.
Records suggest that within days of the July 2 docket entry in which Collyer blocked “Kenneth Wayne” and Oesch from filing the document styled “Notice of Final Determination and Judgment,” Leaming set the stage for ads positioning him as an “attorney” or “lawyer” to appear online. Those ads were removed by Justia.com, Oyez.org and Cornell University Law school earlier this month, after questions were raised about whether Leaming was a licensed attorney.
Records show there have been multiple complaints about Leaming engaging in the unauthorized practice of law in Washington state. At least one of the complaints came from a woman who lost her notary’s license in 2005 as a result of notarizing documents on Leaming’s behalf, according to records.
The woman also filed for a protection-from-abuse order against Leaming, according to records maintained by the Washington State Bar Association, which redacted the woman’s name in a 2005 letter to Leaming that accused him of the unauthorized practice of law.
Records at the U.S. Court of Federal Claims show that “Kenneth Wayne” and Christian Oesch filed a complaint against the United States on July 23, 2010, about three weeks after Collyer rejected their bids to file a document on the ASD docket in U.S. District Court for the District of Columbia.
A public link to the complaint is not available. The docket, however, shows that the U.S. Department of Justice has filed a motion to dismiss the complaint. Whether Leaming and Oesch even can establish that the U.S. Court of Federal Claims (COFC), which typically hears contract disputes in a limited number cases in which the government waives sovereign immunity, has jurisdiction to hear an ASD-related dispute is far from clear.
Leaming is listed as an “agent” for “MYHUB GROUP LLC” on the COFC docket. A company by that name is listed in Nevada records as in “default,” with Christian Oesch as its manager.
Earlier this month, some ASD members received an email that referenced “MYHUB.” The email appeared to be a compendium assembled by ASD member Sara Mattoon. The same email referenced a purported “legal opinion” by “Keny.”
“Keny” is a nickname used by Leaming.
The email asserted that ASD members who filed a restitution claim through Rust Consulting, the government-approved claims administrator, might face a lawsuit from a group of ASD members.
“Again, we are asking that our Claimants do not engage in the DOJ’s Remission Process, as long you want to maintain being part of our Group Claims whatsoever,” the portion of the email attributed to MYHUB read in part. “If you are indeed wanting to eat on the other side of the fence, you must let us know before you submit anything to the DOJ, without causing us potential harm and further damages. In case you were to fail to notify us, we would have a possible claim against you, and that’s not what you want us to do in the first place.”
Kenneth Wayne Leaming, also known as Kenneth Wayne.
UPDATED 8:03 A.M. ET (U.S.A., Nov. 23) A Washington state notary public stripped of her license last month notarized a purported “admiralty” lien for the colossal sum of $9.24 billion against Franciscan Heath Systems, the faith-based operator of St. Clare Hospital of Lakewood, Wash., according to records.
The Franciscan tradition in Washington state traces its roots to 1891, when the Sisters of St. Francis of Philadelphia founded St. Joseph Hospital in Tacoma. St. Clare is a 106-bed facility that serves Lakewood, Spanaway, Steilacoom, DuPont, University Place and other communities in Pierce County, according to records.
The purported lien, acknowledged with the seal of notary Tina M. Hall, was in favor of her business colleague, Kenneth Wayne Leaming, according to records in Pierce County.
Both Hall and Leaming are listed as officers of American International Business Law Inc., a Spanaway company some members of Florida-based AdSurfDaily say is performing legal work on their behalf.
U.S. District Judge Rosemary Collyer of the District of Columbia has blocked bids by both Hall and Leaming to file pleadings in the ASD case. Hall lost her notary license last month after notarizing a string of bizarre documents in Washington state. The nature of the documents she sought to file in the ASD case, which is being prosecuted in the District of Columbia, has not been disclosed publicly.
Some ASD members have said they intended to pursue an admiralty claim against the government.
Leaming, using the notary services of Hall, sought in June 2009 to attach “all tangible and intangible property” of the hospital, including its fixtures, furnishings, motor vehicles, bank accounts, passbooks, saving certificates, stock certificates, lines of credit, inventories, promissory notes, office equipment, educational equipment — and even its mineral and water rights, according to records.
Hall’s license was revoked about 14 months later. The precise reason for the revocation — and whether the documents filed against the hospital played any role in the revocation decision — was not immediately clear.
Other records show that Hall has filed similar documents on Leaming’s behalf in other cases. One of them was for $10 million against members of the City Council of Puyallap, Wash.
Hall also notarized documents for other clients, including a filing styled an “Affidavit of Alternative Obligation” for $100 million against a bank dubbed an “agent” for the Internal Revenue Service.
Such scorched-earth filings have been referred to in other cases as “paper terrorism,” a litigation approach that is designed to rattle the nerves of judges, prosecutors, attorneys and courtroom opponents. ASD member Curtis Richmond has been associated with such filings in a separate case in Utah. In the Utah case, Richmond was among a group of litigants sued successfully for racketeering after a purported “Indian” tribe with which they were involved placed a bogus lien against a county prosecutor for $250 million.
Leaming, who was accused in 2005 of the unauthorized practice of law in Washington state, was dubbed “Postmaster” in the bizarre filing against Franciscan Heath Systems, the hospital, Pierce County Court Commissioner Mark Gelman and others.
Members of law enforcement were expressly warned in the notarized document not to attempt to “negate” Leaming’s wishes to attach the property of the hospital and others. Parties who attempted to interfere “shall be deemed outlaws and/or felons and shall be prosecuted,” according to the filing.
If filing liens against a hospital that has the responsibility for tending to the needs of entire communities were not enough, Leaming also filed liens or claims against the Washington State Bar Association, members of the Practice of Law Board and others.
These liens were styled “commercial liens” or “admiralty” claims or “international claims.” On Oct. 16, 2009, a judge ruled them null and void and ordered Leaming to pay the attorneys’ fees and court costs of his targets. The judge also imposed a $10,000 sanction against Leaming to be paid to the Washington State Bar Association’s Lawyer’s Fund for Client Protection.
See earlier story about the revocation of Hall’s notary license for “professional misconduct.”
See earlier story about ads listing Leaming as an attorney being pulled from prominent websites.
See earlier story about threatening email received by some ASD members.
A document that appears online features this purported likeness of Kenneth Wayne Leaming and purports to explain why he shortens his given name to "Kenneth Wayne."
The state of Washington revoked the notary license of Tina M. Hall of Spanaway last month for “professional misconduct,” according to the Department of Licensing.
Hall also is listed as vice president of American International Business Law Inc., a Spanaway company some AdSurfDaily members have said is performing legal work for a group of members.
Separately, a woman identified as Tina M. Hall was denied leave to file pleadings in the AdSurfDaily forfeiture case by U.S. District Judge Rosemary Collyer on Jan. 27, 2010, and Feb. 12, 2010, according to the docket of the case. Each of the denied filings was styled “Claim by Notary Presentment.”
Hall’s notary license was revoked about eight months later, according to records. Why the state took the action was not immediately clear. An entry on the state’s website notes a “finding” of professional misconduct and a revocation until March 3, 2015.
The nature of the pleadings Hall apparently attempted to file in the ASD case was not immediately clear. Several weeks earlier, on Jan. 4, 2010, Collyer issued a forfeiture order that granted the government title to more than $65.8 million seized by the U.S. Secret Service from the personal bank accounts of ASD President Andy Bowdoin in August 2008.
“Kenneth Wayne,” whose full given name is Kenneth Wayne Leaming, is listed as president of American International. The court docket in the ASD case shows that “Kenneth Wayne” was denied leave to file by Collyer on July 2, 2010. The denied pleading was styled “Notice of Final Determination and Judgment by Christian Oesch and Kenneth Wayne.”
Oesch earlier had sought to intervene in the case by filing a pleading styled “MOTION to Set Aside Forfeiture & Civil Asset Forfeiture Reform Act of 2000 as Facts and Law will Prove.” Collyer denied the motion.
Dozens of pro-se litigants sought unsuccessfully to intervene in the ASD case.
Leaming, who goes by the nickname “Keny,” is believed to be the author of a purported “legal opinion” that some ASD members are using to discourage victims from filing a claim for restitution through the official claims administrator.
Although Leaming advertised himself as a lawyer and published a fee structure of $250 an hour or $150 an hour for prepaid clients on websites operated by Justia.com, Oyez.org and Cornell University Law School, he does not appear to be a licensed attorney. Justia, Oyez and Cornell subsequently removed the listings, which used an address in Spanaway and the name of American International.
Research by the PP Blog suggests Leaming began publishing the ad just days after Collyer denied him leave to file on July 2. The Washington State Bar Association sent Leaming a letter in 2005 that accused him of the unauthorized practice of law and being physically and emotionally abusive toward a notary public and coercing her to notarize documents.
A document dubbed “Evidence of Name and Nationality” with Leaming’s full name (first, middle and last) and purported likeness appears online. The photo used in the document is similar to the photo used in the now-removed ads on the Justia, Oyez and Cornell websites. Using exceptionally formal language and stilted prose, the document purports to explain why Leaming drops his surname except for “familial” use.
“On or about 20 December A.D. 1955 Edna Lottie and Raymond Roy, family LEAMING, begot an offspring son as a gift granted by the Almighty Creator, only known as ‘I Am’, granted it the proper name Kenneth Wayne, and the Nationality of an American National,” the document reads.
“Kenneth Wayne also inherited the right to the family name LEAMING according to the historic practice of customs and usages,” the document continues. “Kenneth Wayne, having knowledge of the historic practice of customs and usages, and to avoid the confusion inherent in only being known as a son of ‘I Am’, presents himself according to is given name ‘Kenneth Wayne’ when acting as and for himself, and elects to only reference the family name (surname) when acting in a familial capacity.”
In a bizarre and unsettling development, some members of AdSurfDaily who may be planning to file for restitution through the official claims administrator have received a confusing and threatening email from a “group” of ASD members.
The email, which appears to be a compendium that cobbles together communications from the group and asks ASD members to pass along the information, implies that ASD members who file for restitution through the government-approved process may face legal action from the group, which has or will file claims against the “illicit UNITED STATED (sic) OF AMERICA INC. et al” for its prosecution of the ASD Ponzi scheme case brought by the U.S. Secret Service in August 2008.
The lawsuit threat appears to be targeted at ASD members who are planning to file a restitution claim through Rust Consulting Inc. of Minneapolis. Rust Consulting is under contract with the government to administer the restitution program through a process known as remission in which ASD members must certify they are crime victims.
Pasted into the email is a purported “legal opinion” by a person described as “Keny” of “AMERICAN-International Business Law inc. (sic).”
“Keny” does not appear to be the source of the lawsuit threat. Rather, the email quotes a purported “legal opinion” by “Keny” — and then implies members who file through Rust Consulting may be sued by members of the group. The email asks members not to file for a refund through the official process.
“Please send me your response(s) and I will manage the feedback timely,” says an email signed “MYHUB.” “Again, we are asking that our Claimants do not engage in the DOJ’s Remission Process, as long you want to maintain being part of our Group Claims whatsoever. If you are indeed wanting to eat on the other side of the fence, you must let us know before you submit anything to the DOJ, without causing us potential harm and further damages. In case you were to fail to notify us, we would have a possible claim against you, and that’s not what you want us to do in the first place.
“We very much appreciate your understanding in this rather sensitive time of legal dealings,” the email continues. “No worries, we are just getting started to fight for and along with you. If you feel that this email could help some of your friends in ASD that are not part of our Group Claims, we are allowing you to share and forward this email as long it doesn’t end up in Blogs et al., but then again, people need to be informed since they can’t read and or understand the legal language or the meaning of words any longer.”
Google search results include multiple references to “AMERICAN-INTERNATIONAL BUSINESS LAW INC” and a person referenced as “Keny.”
One of the references appears on a website operated by Cornell University Law School under a heading of “Legal Services & Lawyers.” The Cornell reference identifies a person named Kenneth Wayne Leaming of AMERICAN-INTERNATIONAL BUSINESS LAW INC. of Spanaway, Wash. The Cornell site notes that correspondence should be sent to the attention of “Keny” and that Kenneth Wayne Leaming practices “Admiralty/Maritime, Business Law, Estate Planning and Native American Law.”
Records at the Practice of Law Board at the Washington State Bar Association (WSBA) say that Kenneth Wayne Leaming, also known as Kenneth Wayne, was accused of the unauthorized practice of law by clients in 2005.
One client accused Leaming of “actively market[ing] legal services via seminars and the internet” and of providing “legal advice” and preparing “pleadings for many clients,” according to WSBA.
Another client accused Leaming of contracting with him “to assist him in avoiding an IRS lien on his home” and failing to provide the services.
On Dec. 20, 2005, WSBA said in a letter to Leaming that his “conduct constitutes the unauthorized practice of law.” The final disposition of the matter was not immediately clear. Also unclear is whether Leaming ever was a licensed attorney or authorized to practice law in any state.
Separately, the Anti-Defamation League (ADL) lists Leaming as a member of an “extremist group” known as “Little Shell Pembina Band of North America.”
Leaming, according to ADL, is a “self-described ‘recognized international lawyer’ who once served as a deputy sheriff and member of the Civil Rights Task Force, a “sovereign citizen group that has used badges and raid jackets to resemble law enforcement officers.”
“His CRTF partner, David Carroll Stephenson, was ordered by a federal court in March 2004 to stop promoting an alleged tax scam that allowed people to avoid an estimated $43 million in federal income taxes,” according to ADL.
The identity of “MYHUB” was unclear in the email received by ASD members. Portions of the email were pieced together by a sender known as “Sara.” A person named Sara Mattoon once served as ASD’s official spokeswoman and is referenced in a court filing by the Secret Service in 2009.
In the email, “Sara” referenced remarks attributed to “Keny” as a “legal opinion about why it may be unwise for you to fill out the [Rust Consulting] form, aside from it working against ASD.”
The “Sara” email then reproduces the “MYHUB” email and the purported “legal opinion” by “Keny.”
The purported legal opinion describes the Rust Consulting website, which is listed in court documents as the official site for ASD victims, as “almost exclusively a propaganda site to get the viewer to ‘believe’ the gov’t LIE that advertising via network marketing on the internet is somehow bad business and fraudulent, and solicit false testimony from the viewer based on the false information!”
In yet-another email received by ASD members, a fellow member referenced as “Robert” also referred to the claims program administered by Rust Consulting. The email from “Robert” includes an unattributed opinion, meaning the identity of the person who offered the opinion is unclear.
“If members feel it absolutely necessary to complete the remission form now instead of waiting a little longer for the legal process to be completed then they may want to write on a separate piece of paper and have it notarized saying that they were not an investor,” according to the opinion contained within the email from “Robert.”
Members also should swear that “they purchased advertising for their website and that they were happy with their purchase,” according to the unattributed opinion circulated by “Robert.”
“The govt is trying to trick people into saying it was an investment,” the opinion claimed.
Separately, an apparent ASD member known as MMG7 who posts on the MoneyMakerGroup Ponzi forum left a scathing missive yesterday in an ASD thread at the forum.
“The same people who abused their power, under the color of law, back in August of 2008 and basically *shut down* the company without due process are up to yet additional tactics to *CREATE VICTIMS* out of thin air,” the post read in part.
“The general consensus is that once they can *create victims* they can then turn around and use it against ASD or even YOU.
“It is VERY HEALTHY to question their motives. Remember, these are the same people that ruined the lives of 100,000+ people in the blink of an eye without so much as having to provide an explanation for their actions.
“Could it be they thought ASD would roll over and play dead so they could put a feather in their cap and claim victory? Not to mention being able to keep a hefty sum of members monetary property.”
The MoneyMakerGroup forum is referenced in a May filing by the U.S. Postal Inspection Service as a place from which Ponzi schemes are promoted. The filing accused an entity known as Pathway To Prosperity of conducting an international Ponzi scheme that defrauded more than 40,000 investors across the globe.
MMG7 did not explain in his post how he arrived at the conclusion that ASD was denied due process in a court case that has featured more than 175 filings and a hearing called at ASD’s request to free seized money.
ASD’s request was denied in November 2008 because it did not demonstrate at the hearing it requested to prove its legitimacy that it was operating lawfully and was not a Ponzi scheme, according to court records.
ASD President Andy Bowdoin later met with federal prosecutors over a period of at least four days. Bowdoin, according to court filings, signed a proffer letter and acknowledged the government’s material allegations in the case were all true.
Although Bowdoin initially contested the forfeiture of tens of millions of dollars seized in the case, he submitted to it in January 2009. By the end of February 2009, however, Bowdoin reentered the case, acting as his own attorney and seeking to reassert his claims to the money. Months of legal wrangling followed, and Bowdoin was forced to hire new attorneys. A federal judge ruled last fall that Bowdoin would not be permitted to reenter the case, and an order of forfeiture was signed in January 2010.
Nor did MMG7 explain how he had arrived at his conclusion that the government “ruined the lives of 100,000+ people in the blink of an eye without so much as having to provide an explanation for their actions.”
Court records plainly show that that the government explained in considerable detail to at least two federal judges why it sought the authority to seize tens of millions of dollars contained in the personal bank accounts of Bowdoin, who was accused of swindling investors in an Alabama securities caper in the 1990s. Moroever, the government has said all along that it intended to establish a restitution pool from the assets seized in the case.
The implementation of both the pool and the restitution/remission process were delayed by appeals filed by Bowdoin.
Bowdoin was sentenced to prison in the Alabama case, but avoided jail time by agreeing to make restitution, according to records.
Clarence Busby, his business partner in the AdSurfDaily/Golden Panda Ad Builder venture, also swindled investors in a separate securities scheme in the 1990s, according to the SEC.
At the same time, MMG7 did not explain how he arrived at his conclusion that the government “shut down” ASD. Records show that ASD was permitted to continue to display advertising after the seizure, but that Bowdoin chose not to do so.
Prosecutors say that, despite ASD’s claims to a federal judge that it had no money to operate, the company had $1 million in an account under a “different name” on the island nation of Antigua.
Records show that Bowdoin did not reveal the existence of the Antigua money to members until after ASD had asked the court for emergency cash to pay its rent and webhosting bill.
U.S. District Judge Rosemary Collyer, whom Bowdoin and another member later tried to have removed from hearing the case, refused to release funds to ASD.
BULLETIN: Timothy Shawn Donavan, one of two federal fugitives from Arkansas found in Washington state Nov. 22 with AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming, is back in jail.
EDITOR’S NOTE: So-called “sovereign citizens” have made news in the AdSurfDaily Ponzi case and in other court actions across America. One of the hallmarks of sovereign citizens is the pro-se pleading, including pleadings in which the filers do not use their full given names. (Think “Kenneth Wayne” in the ASD case, as opposed to “Kenneth Wayne Leaming” or “Kenneth W. Leaming.”)
