We first wrote about Cherron Marie Phillips in November 2012, after she was arrested on charges that she had filed bogus liens against a chief U.S. District Judge, a U.S. District Judge, two U.S. Magistrate Judges, a former U.S. Attorney, an assistant U.S. Attorney, a federal court clerk, four federal Task Force officers and a federal agent.
All in all, Phillips allegedly sought the staggering sum of $1.2 trillion.
Things only got crazier from there.
By July 2013, a federal judge admonished Phillips by telling her that “I hesitate to rank your statements in order of just how bizarre they are.”
Now, the Chicago Tribune is reporting that Phillips has been convicted of most of the charges against her. From the paper (italics added):
Following the verdict, U.S. District Judge Michael Reagan ordered Phillips taken into custody, calling her “a paper terrorist” who “will continue on her misguided bent” if he allowed her to remain free until her sentencing in October.
BULLETIN: Federal prosecutors in the Western District of Washington have asked Judge Ronald B. Leighton to sentence AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming to 10 years in federal prison, the maximum term under the law.
Leaming, 57, of Spanaway, Wash., was found guilty March 1 on charges of filing false liens against public officials involved in the ASD case and against federal prison officials, harboring two federal fugitives from Arkansas in a home-business caper separate from ASD, and possessing firearms as a convicted felon.
In a chilling sentencing memo today, prosecutors said Leaming — during his criminal trial beginning the week of Feb. 25 — was channeling deceased cop-killer Christopher Dorner in the courtroom. Although the memo did not reference Dorner by name, it was clear prosecutors were talking about the former Los Angeles police officer who threatened “unconventional and asymmetrical” warfare against police and went on a killing spree earlier in February that targeted police officers and their family members.
Dorner’s rampage resulted in the deaths of two officers and the daughter of an officer, sparking other violent confrontations and what has been described as one of the largest manhunts in LAPD history. Dorner himself died violently on Feb. 12. Leaming’s trial began about two weeks later.
“During the trial, Leaming repeatedly made statements referring to the (then recent) incident in Southern California, where a former police officer had started hunting down and murdering government officials the former officer felt had wronged him,” prosecutors said today. “Leaming would generally say something to the effect that it was better that he engaged in ‘seeking redress’ from government officials by way of liens and other paperwork, as opposed to emulating the former officer and using violence.
“This formulation was repeated often enough that the government believes it was a thinly-veiled threat,” prosecutors continued. “Leaming, in essence, engaged in ‘paper terrorism’ against government officials. By these repeated statements, Leaming seemed to be saying that if he was not permitted to engage in that conduct, he may as well resort to violent acts of terror instead.”
And, prosecutors said today, Leaming has shown no remorse “for any of his actions, and fully intends to continue to pursue the same course of conduct . . .”
“[T]his is clear from the defense he presented at trial, and in his filings since trial,” prosecutors said.
As the PP Blog reported earlier this month, Leaming now says Leighton, the judge who presided over his trial, owes him 208,000 ounces of fine silver.
“Since his conviction, [Leaming] has continued to file numerous, typically incomprehensible and/or nonsensical filings in this and other courts,” prosecutors said in today’s sentencing memo. “These filings refer to various UCC instruments, typically claim the Court lacks jurisdiction over him based on a willful misunderstanding of the law, and claim that he is being held as a ‘slave.’ Leaming has attempted to sue at least one [Assistant U.S. Attorney] in the International Court of Justice, and filed numerous monetary claims (often claiming that he should be paid in silver) against [Bureau of Prisons] officials, agents, [Assistant U.S. Attorneys,] various judges, and the Ninth Circuit Clerk. He has also filed numerous pro se civil proceedings and appeals in the Circuit. Most recently, he filed complaints with the [Washington State Bar Association] against one of the [Assistant U.S. Attorneys], U.S. Attorney [Jenny A.] Durkan, and this Court.”
Leaming also sought to claim spectacular sums from the United States in an unsuccessful lawsuit in the U.S. Court of Federal Claims.
Prosecutors said today that Leaming “has exploited the ignorance of others for his personal gain for years, taking money from . . . people to ‘help’ them with their legal problems – but in reality he of course did no such thing.”
Leaming, they said, “has spent much of his adult life engaged in the unauthorized practice of law, in itself a felony offense under state law. In doing so, Defendant variously portrays himself as an expert in law enforcement and/or as some type of legal genius – a ‘lawyer’ but not an ‘attorney’ as he explained at some (rather bewildering) length during the trial. Both self-portrayals are complete and utter fictions.”
In 2010, Cornell University Law School, Justia.com and Oyez.org removed online profiles of Leaming after he advertised a fee structure of up to $250 an hour and encouraged prospects to “schedule a free introductory consultation.”
Investigators later identified Leaming as part of a “national” group of “sovereign citizens” operating in Washington state. At the time of his November 2011 arrest, Leaming was found with multiple firearms. Prosecutors said in October 2012 that he was “instrumental in founding the ‘County Rangers,’ the sovereign group’s armed enforcement wing. Members of the County Rangers were issued realistic-looking badges and credentials were required to possess firearms as part of their duties, and held themselves out as law enforcement agents.”
Prosecutors noted today that Leaming possessed “various items of police equipment, including numerous badges, light bars, and a Crown Victoria sedan modified to appear to be a police vehicle.”
With respect to his ASD-related actions, prosecutors said this today:
“[Leaming] took money from the victims of a massive ponzi scheme prosecuted in Washington DC to ‘fix’ their problems. Of course, as the case agent testified, there was nothing to fix – the government recovered almost all of the lost money, and most victims were made whole. Defendant nonetheless took money from these hapless individuals, essentially to interfere with the ongoing prosecution.”
“Either we talk about here, or I talk about somewhere else (that’s not a threat, it’s a promise :)” — ‘MoneyMakingBrain (MMB), in email threat to PP Blog, Feb. 29, 2012, 7:52 a.m. ET
UPDATED 4:22 P.M. ET (U.S.A.) It has happened again: The PP Blog has received yet another threat via email for its reporting on the HYIP sphere, which FINRA described in a 2010 Alert as a “bizarre substratum of the Internet.”
Today’s threat came from “MoneyMakingBrain” (MMB) in apparent “defense” of JSS Tripler/JustBeenPaid, an HYIP “program” purportedly operated by self-described former AdSurfDaily and Ad-Ventures4U pitchman Frederick Mann. JSS Tripler/JustBeenPaid claims it pays a return of 2 percent per day.
ASD operator Andy Bowdoin, 77, is an accused Ponzi schemer under indictment for wire fraud, securities fraud and selling unregistered securities. The ASD scheme, which was based in Florida, gathered at least $110 million and created thousands of victims, federal prosecutors have said. Bowdoin’s Ponzi trial has been scheduled for September 2012. JSS Tripler/JustBeenPaid purports to pay a daily return twice that of ASD.
Among other things, Bowdoin has compared the August 2008 U.S. Secret Service raid on ASD’s headquarters to the 9/11 terrorist attacks and described it as the work of “Satan.”
MMB’s initial email threat was received at 7:52 a.m. ET. It was followed by another email threat at 11:14 a.m. in which MMB suggested he’d seek to cause banking troubles for a specific PP Blog poster and defend Mann “so help me God.”
“You could be the nicest guy in the world, doing a real public service, but on the matter of Frederick Mann, you’ve made a gross error, and you crossed the line, Mr.,” the second threat read in part. “I am not a passive by-stander Patrick, I am one of those who will come and help an old man from being beaten up by a bully, so help me God.”
The second email also claimed that, “If anything, you’ve brought all this upon yourself.”
On Feb. 27, the PP Blog reported that a site registered to Mann in South Africa at the same street address of JustBeenPaid had at least 11 links to videos featuring Francis Schaeffer Cox. Cox, 27, is a purported “sovereign citizen.” He is accused in Alaska of a “militia” murder plot against public officials.
Federal prosecutors known to be investigating the ASD scheme in the District of Columbia declined to comment on the Blog’s story, which was published Monday. Meanwhile, federal prosecutors known to be investigating the “sovereign citizen” movement in the Pacific Northwest did not respond to a request for comment on the report.
Today’s disturbing developments began with the Blog’s receipt of the initial threatening email at 7:52 a.m. The initial threat implied that, if the PP Blog did publish a comment submitted by MMB during the overnight hours and respond to the email, MMB would seek to cause harm to the Blog. The PP Blog did not reply to the initial email. Nor did it reply to the follow-up threat.
MMB’s comment already had been published by the PP Blog by the time the initial email threat was received. The comment was submitted at 1:12 a.m. today and approved by the PP Blog at approximately 7:30 a.m., after being temporarily sequestered in a holding queue because of the menacing nature of previous comments submitted by MMB.
An anonymous proxy in Europe was used to send the comment, and a Gmail address was entered on the PP Blog’s Comments form. For the past two days, MMB has been submitting comments that imply he has the power to harm the Blog if the Blog does not submit to his threats. His comments were sent from IPs in the United States and Europe. Today’s email communications from MMB were the first received from MMB.
Because the Blog believes it is important to publish comments that showcase the bizarre and sometimes menacing nature of the HYIP sphere, it has published several comments from MMB since Monday. But because today’s email threats introduced a new form of electronic menacing and implied a PP Blog reader would be subjected to a hectoring campaign, the Blog no longer will publish any additional comments from MMB.
The PP Blog engages in the marketplace of ideas, not the marketplace of threats.
These are among MMB’s menacing assertions yesterday:
“I know you’re reading everything I write and you are scared.”
” But, continue to annoy the MoneyMakingBrain and deviate him from his monitoring duties, and you’ll be the ones to be in the hot water. “
“no one is invisible to the MoneyMakingBrain and you need to stop doing what you’re doing against this man immediately. Because if you don’t, I am going to make a formal complain (sic) to the very authorities you purport are coming after scam sites and send all the evidence I’ve gathered so far from posting on your site and the realscam site. I don’t like witch hunts and I am sure Fred Mann can whip your ass in court for your highly suggestive, provocative, highly contentious and flat-out defamatory commentaries against his character on your sites.”
“You can delete my comments as much as you like, but take what I said to the bank. In the end, you are going to look like a fool.”
“Maybe it’s a good idea that you stop your charade once and for all and finally cease and desist attacking Mr. Fred Mann, who is innocent until proven guilty. Not going to be repeating myself again.”
“Needless to say that you’ll be needing to look for another ISP because you won’t have internet access at home or your office, wherever. Needless to say that your server host will also shut down your sites down for violation of terms and conditions.”
MMB also advanced a number of conspiracy theories, including one in which he asserts that two different people who post on RealScam.com and the PP Blog are one and the same. RealScam is a forum that concerns itself with mass-marketing fraud.
In November 2011, RealScam was subjected to a bid to chill from Bogdan Fiedur, the operator of AdLandPro, a website whose members routinely promote HYIP schemes and other highly dubious pursuits. JSS Tripler/JustBeenPaid is one of the “programs” promoted on AdLandPro, which also has a presence on Ponzi forums such as TalkGold and MoneyMakerGroup.
Conspiracy theories are part and parcel to the HYIP landscape, as are threats — direct and veiled. Today”s second MMB email threat also raised the specter of fear.
” . . . it’s clear that you are too scared of me by now,” the second email read in part.
In November 2011, an FBI Terrorism Task Force arrested ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming on charges he filed false liens against at least five public officials involved in the ASD Ponzi case. Two months later, a superseding indictment was returned against Leaming that accused him of participating in a scheme to file false liens against two U.S. prison officials, uttering a false “Bonded Promissory Note” for $1 million and being a convicted felon in possession of firearms.
So-called “sovereign citizens” have been linked to various forms of securities fraud and tax fraud. Because they believe prosecutors and judges have no authority over them, “sovereigns” have been known to target state, local and national officials in plots to file bogus liens and destroy the credit of members of the law-enforcement community and litigation opponents.
Their harassment methods, which feature the use of both postal mail and email and often include direct or veiled threats, have become known as “paper terrorism.”
When arrested, Leaming, the ASD figure and purported “sovereign,” was found with two federal fugitives from Arkansas who’d been indicted on charges of duping participants in a home-business scheme of more than $2 million. Those fugitives also have been linked to the “sovereign citizen” movement and filed a series of bizarre pleadings in Arkansas after their arrests with Leaming, who is jailed near Seattle. Both fugitives now are detained at federal facilities in Texas, according to prison records.
After MMB sent today’s initial email threat, he sent another comment to the Blog that included a threat:
“Stop abusing your forum as Lynn does, or I am going to conclude that there is a business relationship between the two of you, and that would be bad a thing (I am afraid to say anything else as you may call it another ‘threat’).
“And yes, this is not a threat: you’re better off having me talking here than somewhere else. I know too much already about both you and Lynn, and I still want to believe that the two of you are men of good (although the tactics of one indicate the otherwise).”
“Lynn” is a reference to Lynn Edgington, the chairman of Eagle Research Associates Inc., a 501(c)3 Public Benefit Charitable Corporation based in Mission Viejo, Calif.
The second email implied that MMB would seek to interfere with an Eagle Research banking relationship.
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.
EDITOR’S NOTE: If you’ve been following the odd developments and conspiracy theories associated with the AdSurfDaily and Gold Quest International cases, we recommend you read this August 2010 report (see link below) by the Anti-Defamation League. The report notes various threats made against law enforcement, along with frauds and scams linked to the so called “Sovereign Citizen Movement.”
Both ASD and GQI are known to have so-called “sovereigns” among their membership ranks. Bizarre court pleadings have surfaced in both cases.
The ADL report specifically references Michael Howard Reed, shown in records to have been a harassing presence in the GQI Ponzi case brought by the SEC in May 2008. On Friday, federal prosecutors filed a forfeiture complaint that alleged ASD had a tie to E-Bullion, a shuttered digital-currency business. Other records show E-Bullion also had a tie to GQI.
Friday’s filing marked the first time that E-Bullion’s name had surfaced in the ASD case. The reference is important because E-Bullion now has been linked to multiple alleged fraud schemes. E-Bullion founder James Fayed was charged in California in 2008 with operating an unlicensed money-transmitting business. He also was charged with murdering his estranged wife, who sought to cooperate with prosecutors in the E-Bullion investigation.
Among the calling cards of the sovereign movement are bizarre court pleadings and vexatious litigation described as “paper terrorism.” The so-called sovereigns have sought to derail investigations and hamstring investigators and public officials by making them parties to lawsuits or subjecting them to threats of litigation or the filing of bogus liens against personal property, ADL reports.
Bogus liens filed against public servants in the performance of their duties is a “major problem,” ADL says.
One such lien even was filed against former President Bill Clinton, ADL reports.
“Many sovereign citizens have engaged in a variety of scams and frauds, some of them raking in millions of dollars, while countless more sovereign citizens have engaged in acts of harassment, retaliation, and intimidation against public officials, law enforcement officers, and private citizens,” ADL says.
“As it evolved, the sovereign citizen movement developed an ideology centered on a massive conspiracy theory,” ADL says. “Though different sovereign theorists all have their own varying versions of this conspiracy, including exactly when it started and how it manifested itself, the theories all share the belief that many years ago an insidious conspiracy infiltrated the U.S. government and subverted it, slowly replacing parts of the original, legitimate government (often referred to by sovereigns as the ‘de jure’ government) with an illegitimate, tyrannical government (the ‘de facto’ government).
“As a result, sovereign citizens believe that today there are really two governments: the ‘illegitimate’ government that everyone else thinks is genuine and the original government that existed before the conspiracy allegedly infiltrated it.”
In a case that features elements remarkably similar to the AdSurfDaily litigation, a federal judge in South Carolina has sentenced three defendants in the “3 Hebrew Boys” fraud case to a combined total of 84 years in prison.
Joseph Brunson, Tim McQueen and Tony Pough were jailed immediately after their convictions a year ago in an $82 million, foreign-currency fraud and Ponzi scheme case that traded on religion. The men, who called their business a debt-relief ministry, accused former U.S. Attorney Walt Wilkens of “treason” last year and of committing acts of war against them.
The sentencing occurred today, with U.S. District Judge Margaret Seymour giving Pough 30 years and Brunson and McQueen 27 years each. The office of U.S. Attorney William N. Nettles of the District of South Carolina did not immediately return a call from the PP Blog for comment. The Associated Press first reported on the lengths of the sentences tonight, noting that the terms were “so harsh in part because the judge found they tried to obstruct justice at every turn.”
Brunson, McQueen and Pough became known as “3 Hebrew Boys” after operating a website with the same name, which is based on a biblical story of believers who escaped a furnace by relying on their faith. The Ponzi scheme operated under the name Capital Consortium Group LLC.
In 2007, the men filed a court document that described their investment program as an effort to free people from government “bondage” and referred to the investigation as “Satan’s handiwork.”
A year later, in 2008, AdSurfDaily President Andy Bowdoin described the case against his purported Florida “advertising” firm as the work of “Satan,” comparing it to the 9/11 terrorist attacks.
Bowdoin, 76, was indicted earlier this month on Ponzi scheme charges.
The 3 Hebrew Boys’ operation sought to chill law enforcement, regulators and members of the media from scrutinizing operations, prosecutors said.
In an approach similar to one used by the AdViewGlobal (AVG) autosurf, members were forced to agree to a confidentially clause that purportedly prohibited them from discussing the company outside the confines of meeting places. Participants were threatened with a $1 million penalty for sharing information.
A court-appointed receiver published documents that listed an astonishing array of luxury purchases made by the 3 Hebrew Boys schemers with investors’ money. Among the items were a Gulf Stream jet, a Prevost Motorcoach and automobiles with famous names such as Mercedes, Lexus, BMW, Saab, Cadillac and Lincoln.
In the “3 Hebrew Boys” case, Brunson filed documents that appear to have asserted immunity from prosecution on the grounds of purported sovereignty. The documents appear to have been designed to force Wilkens, then the U.S. Attorney, to default on a contact to which he never had agreed. The approach sometimes is referred to as “paper terrorism” or “mailbox arbitration.”
A similar approach has been used by litigants in the ASD case.
Screen shot: Joseph Brunson declared last year that then-U.S. Attorney Walt Wilkens was guilty of treason, insurrection and conspiracy to overthow the U.S. government in his efforts to prosecute Brunson.
Brunson wrote in a court filing he described as a “Bill of Peace” that Wilkens had a duty to appear before a notary public and acknowledge Brunson’s assertion of sovereignty in “red ink.” The document demanded that Wilkens use his “Christian name” in his response to Brunson.
A refusal by Wilkens to carry out the demands within three days, Brunson said, would result in a contractual agreement that Wilkens was “an enemy of One and the [U]nited States of America and the people, Constitution, and Government thereof.”
As AdSurfDaily President Andy Bowdoin was explaining to a federal magistrate judge in Florida Wednesday that he’d honestly come by $110 million the government intends to make subject to criminal forfeiture, two other ASD figures were awaiting a ruling by a judge in another venue on whether they could proceed with their bizarre, ASD-connected lawsuit against the U.S. government.
One of the men, Kenneth Wayne Leaming of Spanaway, Wash., described himself in court documents as a “sovereign man.” Records in Washington state show that he once filed a lien against a faith-based Franciscan hospital for $9.24 billion, threatening to attach the money, furnishings and fixtures of the healthcare facility, which serves tens of thousands of patients.
Leaming, who also has a history of filing liens against public officials, has been assessed sanctions totaling at least $15,000 in Washington state for filing bogus claims, according to records. He also has been accused of the unauthorized practice of law.
Leaming and Christian Oesch filed a complaint against the United States in July 2010. The lawsuit, which was filed in the U.S. Court of Federal Claims, appears to be tied to an earlier failed bid by Leaming and Oesch to demand a payment for the astronomical sum of $29 TRILLION from a federal judge, three federal prosecutors and a U.S. Secret Service agent for their actions in the ASD civil-forfeiture cases filed in U.S. District Court for the District of Columbia in 2008.
At a bail hearing Wednesday in Florida after Bowdoin was arrested on federal charges of wire fraud and securities fraud for his operation of ASD, U.S. Magistrate Judge Thomas G. Wilson specifically ordered Bowdoin not to intimidate witnesses, jurors and officers of the court — and not to obstruct the investigation, tamper with witnesses or engage in retaliatory actions against witnesses, victims or informants.
As a condition of bail, Bowdoin was ordered not to commit a federal, state or local crime. Wilson warned him that he could be prosecuted for contempt of court for violating the conditions of his bail.
Bowdoin, 76, was granted bail after he told Wilson that he had a heart condition, diabetes and high blood pressure — and that he gives his wife medication because she has a brain tumor. He noted that he looked forward to going on trial in Washington, D.C., on the charges for which he was arrested on Wednesday, and had lined up experts to testify on his behalf.
Prosecutors argued that Bowdoin should be jailed, saying he was a flight risk, has ties to international countries, potentially could acquire false travel documents and has a large amount of money available to relocate.
Wilson set bail at $350,000. Bowdoin was freed after bail was secured by two properties in his wife’s name and a relative agreed to post a surety bond. Bowdoin was ordered to surrender his passport and not to travel outside the Northern and Middle Districts of Florida and the District of Columbia. He was further ordered to report by telephone to the federal Pre-Trial Services Agency in Tampa each Wednesday by 4 p.m., except for when he is attending court in the District of Columbia.
His first appearance in Washington is set for Dec. 17 at 1:45 p.m.
In June 2010, the PP Blog learned yesterday, Leaming and Oesch prepared documents that demanded payments totaling more than $29 TRILLION from U.S. District Judge Rosemary Collyer; Jeffrey A Taylor, the former U.S. Attorney for the District of Columbia; Vasu B Muthyala, an assistant U.S. Attorney; William Cowden, a former assistant U.S. Attorney and Roy Dotson, an active-duty agent with the U.S. Secret Service.
According to a document obtained by the Blog, the public officials were sent “invoice billing statements” for the purported debt.
Collyer, the presiding judge in the ASD forfeiture cases, had issued two final orders of forfeiture earlier this year. She later blocked Leaming and Oesch from filing documents in the ASD case.
Collyer’s name was misspelled as “Collier” in the payment demand, which was made in the form of a “Notice of Final Determination and Judgment.” The bizarre document sought a sum that would more than double the U.S. Gross Domestic Product in 2009. The precise sum demanded from the public officials was twenty-nine trillion, four-hundred-forty-four billion, one-hundred-one-million dollars — “PLUS interest and compounded penalties.”
Gross Domestic Product, or GDP, is the monetary value of all the finished goods and services produced within the borders of an entire country during an entire year. GDP for the United States in 2009 was about $14.25 trillion, meaning that Leaming and Oesch sought to collect from five public servants a sum that was more than twice the production output of the entire U.S. economy last year.
Leaming and Oesch said they defined $1 as “one ounce of .999 fine silver, or a pre-1964 United States Silver Dollar, whichever value is greater.”
In 2009, silver production in the United States totaled only 1,230 tons with an estimated value of $520 million, according to the U.S. Geological Survey.
The men said they’d accept U.S. “fiat currency” for payment if it was tied to the “spot price for silver as established on the date of tender at London, England.”
When the public officials did not cede to the payment demand, Leaming and Oesch appear to have turned to the U.S. Court of Federal Claims to enforce it, in effect arguing that Collyer, Taylor, Muthyala, Cowden and Dotson had defaulted on a contract.
Such scorched-earth litigation has been referred to as “paper terrorism.” As part of the apparent strategy, Leaming and Oesch also sought to force the government to post a bond of $100 billion and to “Cease and desist in all investigation and harassment of ASD, its officers and staff, and its member/distributors FOREVER.”
The U.S. Department of Justice responded by filing a motion to dismiss the complaint filed by Leaming and Oesch in the U.S. Court of Federal Claims, arguing that the court had no jurisdiction over ASD-connected forfeiture matters, that Leaming and Oesch were trying to use the claims court as an appeals court and that neither man had standing in the forfeiture actions.
The Justice Department pointed out that Leaming is not a licensed attorney and had been accused in 2005 by the Washington state Law Practice Board of engaging in the unauthorized practice of law.
In 2009, Leaming filed a lien against St. Clare Hospital, a Franciscan facility in Lakewood, Wash., for more than $9.24 billion. The lien sought to attach the hospital’s money, furnishings and fixtures, according to records.
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.
BULLETIN: Yet-another bizarre paperwork attack on U.S. law enforcement has occurred.
A California man has been charged with filing “false liens” in Nevada against federal officials and employees of the SEC, the Secret Service, the IRS, four federal judges and staff members of the U.S. Attorney’s Office for the Southern District of California, federal prosecutors said.
Thanh Viet Jeremy Cao was indicted by a federal grand jury in Las Vegas on charges of filing 22 false liens ranging from $25 million to $300 million against the officials, prosecutors said.
He also sought $20 billion in fraudulent tax refunds, prosecutors charged.
Cao resides in Orange County, Calif. If convicted on all counts, he faces up to 223 years in prison and a fine of up to $5.75 million.
“Cao corruptly obstructed the administration of the federal tax laws, by, among other things, filing retaliatory false liens against IRS employees, filing and attempting to file with the IRS false Forms 1099-OID (Original Issue Discount) that claimed fictitious income tax withholdings, filing and attempting to file false tax returns that claim fraudulent refunds totaling approximately $20 billion, and preparing at least five false tax returns for third parties that claimed fraudulent income tax refunds totaling in excess of $1.1 million based upon fictitious income tax withholdings,” prosecutors said.
In June, Ronald James Davenport of Deer Park, Wash., was charged with filing false liens against federal officials in Washington state.
Davenport sought the spectacular sum of nearly $5.2 billion from each of the officials, including U.S. Attorney James McDevitt of the Eastern District of Washington, an assistant U.S. attorney, a court clerk and an IRS agent, according to court records.
Prosecutors described Davenport as a “tax defier.†Davenport has described himself in court filings as a “sovereign.â€
Some members of the alleged AdSurfDaily autosurf Ponzi scheme and other HYIP schemes have been linked to tax-deniers and the so-called “sovereign” movement.
See earlier story that references the Davenport action. (The story also provides some background on court filings and other actions by ASD members.)
In a civil case that preceded the criminal indictment against Davenport, Senior U.S. District Judge Justin L. Quackenbush ruled in May that the liens “were filed to retaliate against the officers for their good-faith efforts to enforce the tax laws against Mr. Davenport.â€
Quackenbush struck the liens, which were filed in the form of UCC Financing Statements with the Washington State Department of Licensing, according to records. The liens not only were fraudulent, but also contained “sensitive personal information†that violated privacy laws, the judge ruled.
Davenport also filed instruments dubbed “Notice[s] of Claim of Maritime Lien†with the Spokane County Auditor’s Office, according to records. Those, too, were struck.
The act of filing false liens or sending “demand” letters to officials or litigation opponents in a bid to hamstring civil and criminal prosecutions has been referred to as “paper terrorism” and “mailbox arbitration.”
EDITOR’S NOTE: This is a post in which the introduction is longer than the actual story (below). The story demonstrates the dangers of jumping on bandwagons before giving them careful thought.
Longtime readers of the PP Blog will recall our coverage of Curtis Richmond, “Professor” Patrick Moriarty and ASD Members International (ASDMI). Each was a mainstay in the AdSurfDaily autosurf Ponzi scheme case.
Richmond, a member of a sham Utah “Indian” tribe, was sued successfully in 2008 under federal racketeering statutes for being part of a group that placed enormous financial judgments against Utah public officials in performance of their duties. The judgments were bogus. Richmond and other members of the sham tribe were ordered to pay damages and penalties totaling more than $108,000.
Richmond has described himself in court filings as a “sovereign” being answerable only to Jesus Christ.
Moriarty, now in federal prison in Missouri after pleading guilty in January to filing a false tax return, advocated Richmond’s legal theories in the ASD case. Among other things, Moriarty, who claimed to be skilled in the art of “karma restoration” and once sold fake academic degrees on eBay by explaining they were gag gifts, was part of a group — ASDMI — whose membership roster consisted of members of the now-defunct Surf’s Up forum.
ASDMI came out of the gate by announcing a scorched-earth legal campaign against the government for its seizure of tens of millions of dollars in the ASD case. At least two federal prosecutors and at least one Secret Service agent became targets of a hectoring campaign that involved the use of certified mail. Surf’s Up championed the campaign, which was designed to demand a litigation result from the government by trapping the recipients of the certified mail into a contract to which they never agreed. The approach, which also was used by the sham Utah tribe in litigation separate from the ASD case, sometimes is known as “paper terrorism” or “mailbox arbitration.”
Surf’s Up also championed a secondary campaign to write letters to Sen. Patrick Leahy, chairman of the Senate Judiciary Committee. Surf’s Up described the ASD case as a legal “travesty that was committed against the 100,000-plus members of ASD by US attorneys Jeffrey Taylor and William Cowden.”
Richmond, fresh from his RICO rebuke in “Indian”-related litigation in Utah, then became a mainstay in the ASD case. He filed a series of pro-se pleadings accusing U.S. District Judge Rosemary Collyer and the prosecutors of crimes and threatening prosecution and lawsuits under federal racketeering statutes.
Some ASD members cheered the filings. Richmond was dubbed a “hero” on Surf’s Up, and also on a forum some of the Surf’s Up Mods established to promote the AdViewGlobal (AVG) autosurf, which had close ASD ties. One of Richmond’s motions claimed that actions by Collyer, a court clerk and two prosecutors prevented an ASD member named Alana Holsted from “Collecting on an Entry of Default Affidavit for $30 million for each Defendant.†In the Utah “Indian” case, Richmond tried to force the federal judge presiding over the litigation to step down by claiming the judge owed him $30 million.
It is believed that bogus payment claims against Collyer, the prosecutors and the court clerk by some pro-se litigants in the ASD case totaled at least $120 million. It is unclear if overt steps were taken to formalize the purported judgments by filing liens against the judge, the clerk and the prosecutors.
Previously Richmond had been linked to a scheme to imprison federal judges and litigation opponents and had been declared in contempt of court in California for threatening and trying to intimidate judges.
Although the story about Ronald James Davenport is not related to the ASD case, it demonstrates the risk of some of the approaches advocated by Richmond, Moriarty and ASDMI — and it shows the utter madness of the advocacy of the Surf’s Up forum. It was the type of advocacy that can land followers in prison for decades.
Here, now, a brief on Ronald James Davenport . . .
A Washington state man faces up to 40 years in prison if convicted on charges of filing fraudulent liens against a U.S. Attorney and other government officials, the U.S. Department of Justice said.
Bogus liens filed by Ronald James Davenport of Deer Park sought the spectacular sum of nearly $5.2 billion from each of the officials, including U.S. Attorney James McDevitt of the Eastern District of Washington, an assistant U.S. attorney, a court clerk and an IRS agent, according to court records.
Prosecutors described Davenport as a “tax defier.” Davenport has described himself in court filings as a “sovereign.”
In a civil case that preceded the criminal indictment against Davenport, Senior U.S. District Judge Justin L. Quackenbush ruled last month that the liens “were filed to retaliate against the officers for their good-faith efforts to enforce the tax laws against Mr. Davenport.”
Quackenbush struck the liens, which were filed in the form of UCC Financing Statements with the Washington State Department of Licensing, according to records. The liens not only were fraudulent, but also contained “sensitive personal information” that violated privacy laws, the judge ruled.
Davenport also filed instruments dubbed “Notice[s] of Claim of Maritime Lien” with the Spokane County Auditor’s Office, according to records. Those, too, were struck.
The government sued Davenport civilly in 2008 “to collect delinquent income taxes,” prosecutors said.
Records show that Davenport responded by filing liens against the officials.
“The indictment alleges that in retaliation for attempting to collect the delinquent taxes, Davenport made a series of fraudulent claims in December 2009,” prosecutors said.
“Davenport filed liens against the property of these government officials, falsely claiming that each of them owed Davenport $5,184,000,000,” the Justice Department said.
