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Tag: WSBA

  • SPECIAL REPORT: Email Encourages AdSurfDaily Members To Identify Federal Prosecutors, Federal Judge And Secret Service Agent As ‘DOJ Thieves’ In County-Level Filings — And To Send ‘Certified Copy’ Of Claims To Home Address Of Chief Justice Of The United States

    AdSurfDaily figure Kenneth Wayne Leaming, also known as "Kenneth Wayne" and "Keny."

    EDITOR’S NOTE: A week after the U.S. Department of Justice, the U.S. Secret Service and federal prosecutors in the District of Columbia put $55 million from civil judgments back in the pockets of AdSurfDaily members as the criminal prosecution of ASD President Andy Bowdoin continues, a new effort by some ASD members to undermine the credibility of public officials by describing them as thieves who are encouraging ASD members to lie appears to be under way. Whether the government is taking extra security precautions in the ASD case is not known. The U.S. Marshals Service and the office of U.S. Attorney Ronald C. Machen Jr. in the District of Columbia did not respond immediately to the PP Blog’s requests for comment on this story. The Blog was unable today to contact the Public Information Office of the Supreme Court for comment.

    UPDATED 8:10 A.M. EDT (OCT. 3, U.S.A.) Is a purported “sovereign citizen” whom records show filed an involuntary bankruptcy petition against the Washington State Bar Association in 2009 that claimed he was owed an outstanding debt of more than $32 billion now leading an effort to destroy the reputations of public officials involved in the AdSurfDaily Ponzi case?

    On Saturday, two ASD members confirmed to the PP Blog that they had received copies of an email that encouraged them to identify federal prosecutors and a federal judge in the District of Columbia — as well as a U.S. Secret Service agent — as “DOJ thieves.”

    The email accused prosecutors of running a “scam” against Florida-based ASD and encouraged ASD members to file an “affidavit” with their “county recorder” that would name the prosecutors, the judge and the Secret Service agent as criminals. It further encouraged members to send a “notary certified copy” of their claims to the home address of John G. Roberts Jr., the Chief Justice of the United States.

    Why members were encouraged to send documents to Roberts at his home address was unclear. Roberts, 56, is the nation’s highest ranking judicial officer and is chief judge of the U.S. Supreme Court.

    In the email, ASD members were further encouraged to send certified copies of their “DOJ thieves” claims to U.S. Attorney General Eric Holder and the “RUST Group.” Rust Consulting Inc. is the government-approved remissions administrator in the ASD Ponzi case. Federal prosecutors last week released $55 million seized by the Secret Service, and Rust deposited the money into the bank accounts of about 8,400 ASD members who filed approved remissions claims in the case.

    ASD members who participated in the remissions program would be “coerced” into lying by prosecutors to put Bowdoin in prison, according to the email.

    If they did not “TESTILIE” — a new phrase that marries the words “testify” and “lie” and apparently means misrepresent their testimony at prosecutors’ requests — they will “be put into prison for false claims and fraud,” according to the email.

    “MARK MY WORDS,” the email emphasized in all-caps. The word “TESTILIE” also was capitalized in the email, quotes from which were attributed to ASD figure “Keny.”

    “Keny” is the nickname of ASD figure Kenneth Wayne Leaming. Leaming has been identified by the Anti-Defamation League as a so-called “sovereign citizen.”

    Records in Washington state identify Leaming as one of two persons who filed an involuntary bankruptcy petition against the Washington State Bar Association (WSBA) in 2009 that claimed a debt against the association of “US$32,091,000,000.00.”

    The petition against the bar association was filed on Oct. 12, 2009. WSBA moved within days to have the petition dismissed and for sanctions against Leaming. Leaming moved for a continuance and to have the judge removed, according to records. The judge denied both the continuance bid and a motion styled “Notice of Duty to Recuse,” and the case was dismissed on Oct. 23, 2009. A judgment of $2,750 was entered against Leaming, and he was 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.”

    Also during the month of October 2009 — while the involuntary petition against WSBA was in the courts — Leaming filed a petition to place Franciscan Health Systems, a community hospital in Washington state, in involuntary bankruptcy. That petition also was dismissed.

    Records in Pierce County, Wash., show that Leaming filed a purported lien for $9.24 billion against the hospital, seeking to attach “all tangible and intangible property” of the facility, 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.

    Leaming and ASD figure Christian Oesch sought last year to file a lawsuit apparently seeking $29 trillion against the United States for the government’s actions in the ASD case. Leaming’s company — American-International Business Law Inc. — is referenced in the April 8, 2011, Congressional Record as the filer of an unspecified claim against the United States.

    At least two notaries public associated with Leaming have had their licenses revoked, according to records.

    Some ASD members have been associated with a practice that has been called “paper terrorism.” The practice is designed to chill litigation opponents and create inconvenience for public officials such as judges and prosecutors by making them the targets of vexatious litigation pleadings or other documents designed to nuisance them.

    Here are the comments attributed to “Keny” in the email ASD members reported receiving yesterday on the heels of the remissions payouts by the government last week. (Italics added.)

    SCAM by DOJ …. By accepting these funds, they claim to be ASD/Andy’s VICTIMS (NOT DOJ victims) who will be required to testify that they were victims of ASD/Andy if they don’t want to be arrested and prosecuted for perjury /false claims. It will totally bury Andy.

    As a “victim refund” they will now be coerced into testifying that they were a victim of Andy, not the DOJ, and unless they TESTILIE claiming that Andy scammed them, they will be put into prison for false claims and fraud. MARK MY WORDS.

    They MUST (within 72 hrs) acknowledge “receipt of the funds stolen by the DOJ, and specifically (name the ss agent, us attys, and judge as the DOJ thieves), and do so in affidavit form, filing a certified copy into public records (county recorder, etc,) and sending a notary certified copy to Eric Holder, DOJ, and the Chief Justice (Roberts) of the Supreme Court of the United States (at home), and to the RUST Group.

    ALSO, maybe close out with “Claimant hereby conditionally waives any punitive and/or exemplary and consequential damages claims in the event the funds taken are returned to me within 30 days of (NAME OF AGENT/OFFICER) receiving this claim.”

    “Keny”

    Whether the government has taken or will take extra security measures because of the strange nature of the ASD case was not immediately clear. There have been repeated attempts for months by some ASD members to discourage ASD members from filing for remissions from proceeds seized in the Secret Service’s ASD Ponzi probe and to cast prosecutors, investigators and judicial officers as corrupt.

  • 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.

  • 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.