Kenneth Wayne Leaming, also known as "Kenneth Wayne."
BULLETIN: A bizarre lawsuit filed against the U.S. government by AdSurfDaily figures Kenneth Wayne Leaming and Christian Oesch has been dismissed.
In dismissing the complaint, Judge Christine Odell Cook Miller of the U.S. Court of Federal Claims agreed with the government’s contention that the court had no jurisdiction to hear the claim.
The judge described the complaint by Leaming, Oesch and an affiliated company known as MYHUB GROUP LLC as a bid to argue about “an unlawful taking of the forfeited property” in the ASD case, which was heard in U.S. District Court for the District of Columbia.
Meanwhile, the judge ruled that MYHUB GROUP inappropriately sought to act as its own attorney.
Corporations are required to have professional counsel to appear in court, the judge ruled.
ASD President Andy Bowdoin suffered a similar setback last year when he tried to represent ASD pro se in U.S. District Court for the District of Columbia.
Leaming and Oesch appear to have tried to use the U.S. Court of Federal Claims as an appeals court for U.S. District Court for the District of Columbia, while apparently seeking the staggering sum of $29 trillion from a federal judge, three federal prosecutors and a U.S. Secret Service agent involved in the ASD Ponzi scheme forfeiture case.
“Plaintiffs’ challenge took the form of presenting claims issued by Tina M. Hall, a notary public in the State of Washington to officials associated with the forfeitures,” Cook Miller noted in the order of dismissal. “Ms. Hall issued ‘Certificates of Default on February 16, 2010, against these government officials for failure to respond to plaintiffs’ claims ‘in admiralty.’ At this point the complaint deteriorates into rambling.”
The judge also barred Leaming and Oesch from seeking sanctions against the government.
“As an initial matter, this court notes that, during the course of briefing on defendant’s motion, defense counsel has suffered the opprobrium of plaintiffs’ aspersions and disparagement, including charges of unethical practices,” Cook Miller said in the ruling. “Defendant charitably characterizes this argument as hyperbole . . . and the court will lay the matter to rest by denying any request for sanctions that plaintiffs may be making.”
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.”
