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  • BULLETIN: In Affidavit, FBI Counterterrorism Agent Cites Passage From Alleged Kenneth Wayne Leaming Email That References ‘Kids’ Of U.S. Chief Justice John Roberts And Their ‘School’

    Kenneth Wayne Leaming

    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: FBI Says Kenneth Wayne Leaming Filed Bogus Liens Against Federal Officials Involved In AdSurfDaily Ponzi Case; Leaming Was Arrested With 2 Fugitives, U.S. Attorney’s Office In Seattle Says

    Kenneth Wayne Leaming

    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.

    More details as they emerge . . .

    See story from earlier today.

  • UPDATE: Federal Prosecutors Have ‘No Comment’ On ASD-Related Email That Encouraged Members To Identify Public Officials As ‘Thieves’ And Send ‘Certified’ Copy Of Theft Claims To Home Of U.S. Chief Justice

    ASD President Andy Bowdoin

    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 November 2010, Cornell University Law School, Justia.com and Oyez.org removed the online profiles of Leaming after questions were raised about whether he was a licensed attorney.

    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 claimed last week — prior to Saturday’s email attributed to “Keny” — that the government “forced [ASD] members to sign the untrue statement to get a refund of their monies.”

    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.

     

  • DEVELOPING STORY: Tina M. Hall, VP Of Firm Linked To Kenneth Wayne Leaming, Had Notary License Revoked For ‘Professional Misconduct’; Woman With Same Name Sought To Intervene In AdSurfDaily Case

    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.”

  • BULLETIN: Profiles Of Purported Attorney With AdSurfDaily Tie Removed From Cornell, Justia, Oyez Websites; Notary Public Told Washington Law Practice Board In 2005 That Kenneth Wayne Leaming Was ‘Physically And Emotionally Abusive’ And Coercive

    UPDATED 2:33 P.M. ET (U.S.A.) Cornell University Law School, Justia.com and Oyez.org have removed the online profiles of Kenneth Wayne Leaming. Leaming previously had been listed as an attorney who practiced law and advertised a fee structure of up to $250 an hour from Spanaway, Wash.

    Visitors were encouraged to “schedule a free introductory consultation.”

    Cornell said Sunday that it would remove Leaming’s profile if he proved not to be a licensed attorney. The university began checking into the matter after it learned a man by the same name had been accused in Washington state in 2005 of engaging in the unauthorized practice of law.

    The Washington State Bar Association (WSBA) said yesterday that it was continuing to research matters pertaining to Leaming. 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.”

    A final deposition of the case was not immediately available.

    “When [the notary] questioned you about the legality of notarizing the documents you drafted, you were physically and emotionally abusive to her,” the Law Board wrote in its letter to Leaming, citing the notary’s allegations. “[The notary] voluntarily resigned her notary license as a consequence of the acts you directed. She has also obtained an order of protection against you.”

    A purported business entity known as “AMERICAN-INTERNATIONAL BUSINESS LAW INC.,” which some AdSurfDaily members claim is providing legal representation to a group of members, is associated with Leaming, according to records.

    Unlawful practice of law can be charged as a crime in the state of Washington. Leaming is not listed as a member of the state bar, and has been described by the Anti-Defamation League (ADL) as a “self-described ‘recognized international lawyer’” and member of an extremist group known as the “Little Shell Pembina Band.”

    The ASD case has been filled with oddities since the U.S. Secret Service seized tens of millions of dollars from the Florida-based firm in August 2008, accusing ASD in a forfeiture complaint of operating a massive Ponzi scheme.

    Some ASD members have been associated with the “sovereign,” “Patriot” and tax-denial movements. The case has featured dozens of bizarre, pro-se pleadings filed by ASD members, some of whom claimed the prosecutors and judges involved in the case were guilty of crimes.

    One ASD member — Curtis Richmond — has been associated with a Utah  “Indian Tribe” a federal judge ruled a “sham” after members of the bogus tribe placed enormous financial judgments against public servants and members of law enforcement in the performance of their duties. The sham tribe was known as “Wampanoag Nation, Tribe of Grayhead, Wolf Band.” Richmond was successfully sued under the federal racketeering statute for his sham activities.

    Regardless, Richmond was hailed a “hero” on the now-defunct Surf’s Up forum, a pro-ASD website that had members who openly jeered and condemned prosecutors and the Secret Service. One forum member described ASD critics as “rats” and “maggots” and “cockroaches.” Some members heckled a federal prosecutor, calling him “Gomer Pyle.” One member wrote that the prosecutor should be placed in a medieval torture rack, suggesting fellow members should draw straws to determine who got the honor of turning the screw.

    ASD President Andy Bowdoin said the prosecution was the work of “Satan.”

    Many of the pro-se filings in the case are at odds with the public record, conflating realities that simply do not exist about matters pertaining to evidence and witnesses. Recent emails circulated by some ASD members suggest that a group of members is trying to cloud issues and intimidate victims into not filing complaints or making a claim for restitution.

    ASD also is the subject of a racketeering lawsuit brought by members against  Bowdoin and attorney Robert Garner of North Carolina.

    See story from Sunday.

    See story from Saturday.

  • UPDATE: Cornell University Seeks To Determine If Man Referenced In Email Circulated By ASD Members’ Group Is Licensed Attorney; Website Listing For Kenneth Wayne Leaming Under Review

    UPDATED 11:04 A.M. ET (U.S.A.) Cornell University said Sunday that it will remove a listing on its Law School website for Kenneth Wayne Leaming of Spanaway, Wash., if Leaming proves not to be a licensed attorney. A review of the listing and the circumstances under which Leaming’s name was added to a database of attorneys’ names is under way.

    A person named Kenneth Wayne Leaming of Spanaway, Wash., was accused in 2005 of engaging in the unauthorized practice of law, according to a document that appears on the website of the Washington State Bar Association (WSBA.) Meanwhile, a person by the same name is referenced by the Anti-Defamation League (ADL) as a “self-described ‘recognized international lawyer’ and a member of an “extremist group” known as “Little Shell Pembina Band of North America.”

    The group is known to have ties to Washington state, according to ADL.

    Leaming, according to ADL, 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.”

    Cornell noted that Leaming should “have provided us with documentary proof of his law license” before his name was published on a website the Law School runs in partnership with Justia.com.

    “[O]bviously that needs to be double-checked at this point for validity or alterations,” said Thomas R. Bruce, director of Cornell’s Legal Information Institute. “Of course we’ll remove him if he’s not what he claims to be.”

    As part of its partnership with Justia, Cornell publishes free listings for licensed attorneys across the United States. Leaming’s name appears in listings on both the Cornell Law School site and the Justia site.

    Leaming’s name also appears in a listing at Oyez.org, another Justia-affiliated site that publishes information on cases before the U.S. Supreme Court.  Whether Leaming, whose listings advertise a practice in Spanaway, is a licensed attorney is unclear.

    The listings, which advertise a fee structure and areas of practice such as Admiralty/Maritime, Business Law, Estate Planning and Native American Law, do not reference any law school attended by Leaming or law degree obtained. Bruce said the university would work with Justia to review “verification procedures used to make sure that those who claim to be attorneys actually are.”

    Whether Leaming has a law degree and is licensed to practice law in any state remains unclear. Bruce said the document published on the WSBA website “certainly paints an unfavorable picture.”

    Leaming goes by the nickname “Keny” and is associated with an entity known as “AMERICAN-INTERNATIONAL BUSINESS LAW INC.,” according to the listings on the Justia-connected sites.

    Last week members of Florida-based AdSurfDaily received an email that referenced “Keny” and the same business entity referenced in the attorney listings published by Cornell and others.

    The email, which appears to be a compendium that cobbles together communications from members of a group within ASD and asks ASD members to pass along the information, implies that ASD members who file for restitution through a 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 Secret Service does not comment on or discuss ongoing investigations,” an agency spokesman said this morning.

    A purported “legal opinion” by “Keny” was contained within the email received by ASD members, which was circulated by an ASD member referred to as “Sara.”

    ASD is known to have ties to the so-called “Patriot” and “sovereign” movements. The movements are known to engage in what has been described as “paper terrorism” designed to rattle the government and litigation opponents.

    The U.S. Secret Service seized tens of millions of dollars from the personal bank accounts of ASD President Andy Bowdoin in August 2008, alleging he was at the helm of a massive Ponzi scheme.

    An attorneys’ database at Martindale.com appears to have no listing for a lawyer named “Kenneth Leaming,” “Ken Leaming” or “Keny Leaming.”

    See earlier story.

  • DISTURBING: Email Received By Some ASD Members Suggests They Could Be Sued For Participating In Refund Program; Records Suggest ‘Legal Opinion’ Was Offered By Man Named In Complaints For ‘Unauthorized Practice Of Law’ And Linked To ‘Extremist Group’ By Anti-Defamation League

    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.