Tag: Zeeker

  • URGENT >> BULLETIN >> MOVING: Federal Judge Denies Alleged Zeek Winners’ Motion To Intervene In Case And Dissolve Receivership

    breakingnews72URGENT >> BULLETIN >> MOVING: (3RD UPDATE 8:44 P.M. EDT U.S.A.) Senior U.S. District Judge Graham C. Mullen has denied a motion by alleged winners in Zeek Rewards to intervene in the SEC’s Ponzi-scheme case and to dissolve the receivership.

    In December 2012, alleged Zeek “winners” Trudy Gilmond and Kellie King asked Mullen for permission to intervene in the case and to end the court-appointed receivership, arguing that Zeek did not sell securities as defined under federal law.

    Mullen today denied the motion on both fronts.

    Kenneth D. Bell is the receiver. He opposed the Gilmond/King motion. So did the SEC, which described Zeek in August 2012 as a $600 million Ponzi- and pyramid fraud selling unregistered securities through Rex Venture Group LLC in North Carolina.

    Gilmond may have more than $1.364 million at risk in a clawback lawsuit. King potentially faces a claim from Bell for more than $205,180, according to court filings.

    “Gilmond and King seek to improperly interfere with a settled SEC enforcement action against defendants Rex Venture Group and Paul Burks to deny the Receiver the ability, as directed by the Court, to marshal the estate’s assets for the benefit of all aggrieved ZeekRewards investors,” the SEC argued in January. “The Motion to Intervene is a transparent attempt to obtain prospective relief in an improper forum with respect to clawback litigation the Receiver has yet to initiate.”

    For his part, Bell said Gilmond and King were engaging in “delaying tactics.”

    Gilmond and King are represented by Ira Lee Sorkin, Bernard Madoff’s defense attorney.

    “The issue Gilmond and King seek to litigate — whether the ZeekRewards program was an ‘investment contract’ or ‘security’ — has been resolved for the purposes of this settled SEC enforcement action,” the SEC argued in January.  “As a result, Proposed Intervenors assert no ‘claim or defense that shares with the main action a common question of law or fact.’  Thus, there is no basis for intervention.

    “Finally,” the SEC continued, “Proposed Intervenors provide no factual or legal support for their request to dissolve the receivership in this matter.  Therefore, the Motion to Intervene should be denied in its entirety.”

    Mullen did just that today.

    Zeek operator Paul R. Burks consented to a judgment in the SEC case in August 2012.

    NOTE: Thanks to the ASDUpdates Blog.

  • EDITORIAL: What Zeekers (And Other MLMers) Can Learn From The Upcoming Trial Of AdSurfDaily Figure And Purported ‘Sovereign Citizen’ Kenneth Wayne Leaming

    Kenneth Wayne Leaming, aka "Kenneth Wayne," aka "Keny," now is calling himself a "live abortion" -- apparently if "defense" of home
    Kenneth Wayne Leaming, aka “Kenneth Wayne,” aka “Keny,” now is calling himself a “live abortion” — apparently in “defense” of home-based businesses.

    UPDATED 12:28 P.M. (FEB. 27, U.S.A.) Kenneth Wayne Leaming, a figure in the AdSurfDaily Ponzi-scheme story and a purported “sovereign citizen,” is scheduled to go on trial today in federal court the Western District of Washington with co-defendant David Carroll Stephenson. Leaming is charged with filing false liens against public officials involved in the ASD prosecution. Among his alleged targets were a federal judge, at least two federal prosecutors — and the U.S. Secret Service agent who cracked the ASD Ponzi case in 2008.

    Leaming, 57, also is charged with assisting Stephenson in the filing of false liens against two federal-prison officials. Stephenson was in federal prison for a tax scheme at the time the liens allegedly were filed. Records strongly suggest that Stephenson, also 57, would be a free man today were it not for his association with Leaming, given that Stephenson’s prison term in the tax case had been scheduled to end early this year. Instead, he’s facing new charges and potentially more jail time.

    But the false-liens charges are just the beginning for Leaming. He also is charged with harboring two federal fugitives wanted in a multimillion-dollar home-business fraud in Arkansas, being a felon in possession of firearms and passing a bogus “Bonded Promissory Note” for $1 million.

    If you’re new to the PP Blog and new to the ASD case, a brief review is in order: The Secret Service raided ASD in August 2008, alleging the Florida-based firm operated by Andy Bowdoin was a massive Ponzi scheme operating over the Internet. Bowdoin reacted to the raid and the seizure of tens of millions of dollars by comparing the U.S. government to “Satan” and the Secret Service to the 9/11 terrorists. Now 78 and in federal prison, Bowdoin came out of the gate after the seizure by assuring ASD investors that “God” was on the company’s side.

    Some MLMers were quick to accuse the government of targeting a fine Christian man who was helping the United States create jobs with a “program” that purported to pay participants back 100 percent of their investment and a profit of 25 percent in only months. (Ten-thousand dollars in ASD purportedly fetched $12,500 within 90 to 125 days, purportedly more if members “compounded” their “earnings,” kept 80 percent of their money in a continuous state of “roll over” and never fully cashed out.)

    Essentially there was only one chance that ASD was not a Ponzi scheme during its approximately 18-month run — and that single chance required nearly a complete suspension of logic to destroy the government’s Ponzi case and get ASD off the hook: Had a crazy billionaire or exceptionally well-heeled financier (who also was crazy) given convicted-felon Bowdoin more money than ASD’s rapidly accruing liabilities — basically an enormous line of credit that didn’t have to be paid back and could be tapped on demand for ASD to pay out $1.25 for every dollar it took in until the line was exhausted — ASD would not have been a Ponzi scheme. Absent a benevolent madman-billionaire and the kind of capital it would take to build a nuclear-power plant and operate it indefinitely with zero concern for profit, however, ASD could be one thing and one thing only: a Ponzi scheme using money from “new” members to fund the redemption requests of “old” members or a Ponzi scheme that sustained itself by simply recycling money among members of a closed group.

    No madmen-billionaires sufficiently liquid to bankrupt themselves by funding Bowdoin’s stated plan of creating 100,000 ASD millionaires in three years while at once financing the “profits” of tens of thousands of average people seeking to expand the ranks of ASD millionaires well beyond 100,000 appeared to testify on ASD’s behalf at an evidentiary hearing it requested in the fall of 2008.

    Here is just one of the reasons MLM has a miserable reputation: Notwithstanding the fact that Bowdoin already was a convicted felon for an Alabama securities swindle in the 1990s and that one of his business partners was a man implicated by the SEC in the 1990s in three prime-bank swindles, some MLMers decided to improve the already bizarre narrative that the government was picking on a grandfatherly Christian.

    Petitions were started to paint prosecutors as the bogeymen. (The shorthand for this in MLM’s HYIP Ponzi land is “evilGUBment.”) ASD critics were derided as “maggots.” A “prayer” went out calling for prosecutors to be struck dead from the heavens. A theory was advanced that a Florida TV station should be charged with Deceptive Trade Practices for carrying news unflattering to ASD. A companion theory held that the Attorney General of Florida should be charged with the same offense and that AARP, which lobbies for senior citizens, should lobby for ASD. Meanwhile, some MLMers tried to enlist the U.S. Senate to turn the focus of the investigation away from ASD and Bowdoin and put it on the prosecutors who brought the Ponzi case. One MLMer called for the government’s lead prosecutor to be placed in a medieval torture rack, with ASD members at large drawing straws to determine who got the honor of making the prosecutor’s time in the rack as painful as possible.

    Very few people in MLM had anything to say about the circus surrounding ASD. The few who did — perhaps most notably Rod Cook of MLM Watchdog — were excoriated for dismissing the narrative advanced by Bowdoin and other MLMers. All of this was occurring while ASD was provably insolvent. When Bowdoin failed to take the witness stand at the evidentiary hearing he requested, it was explained that he was “too honest” to testify. Both before and after the hearing, some of his most notable Stepfordian apologists advanced a theory that the government secretly had admitted ASD was not a Ponzi scheme and was clinging to the case in a bid to save face.

    One ASD member advanced a narrative that the government had taken about $80 million in seized proceeds and invested it in a secret fund to pay for black-ops. It was from this caldron of conspiracy theories and fantastic idiocy that Kenneth Wayne Leaming emerged.

    Like other “sovereigns,” Leaming to date hasn’t focused much of his attention on the actual charges against him, even though his conviction could result in considerable jail time. Rather, Leaming mostly has focused on creating a blitz of paperwork on the apparent theory his best “defense” is to keep the Feds and even local officials scurrying to guard all flanks. Since his November 2011 arrest by an FBI Terrorism Task Force, Leaming has sued the President of the United States, the Attorney General of the United States, various officials (including purported “Does”) and a county sheriff in Arkansas.

    Members of Zeek Rewards and other MLM schemes should pay attention to the Leaming trial. There can be no doubt that Leaming-like figures existed within the Zeek enterprise. Like ASD before it, Zeek was a magnet to willfully blind MLM hucksters and actual criminals. Both “businesses” best are viewed as racketeering enterprises that posed an untenable risk to the United States and the rest of the world.

    For the remainder of this column, the PP Blog will focus on just one crime alleged against Leaming: the filing of a false lien against the U.S. Secret Service agent — not that the other alleged bogus liens are any more palatable or acceptable. The word “disgraceful” hardly covers Leaming’s alleged actions, and yet some MLMers saw Leaming not only as an inspirational figure, but as the wisest man of all.

    The Secret Service guards the lives of the President of the United States and the Vice President of the United States and their families. It also guards the lives of former Presidents and international dignitaries and political figures visiting the United States. As the agency is doing this, it also protects the U.S. financial system.

    It is unthinkable — so far beyond the pale that it almost defies description — that Leaming, let alone any other American, ever would target a Secret Service agent in a harassment campaign. The Secret Service is a smallish agency by federal standards, yet it is arguably the most important: Markets become unglued when world figures are assassinated or targeted in assassination attempts. Beyond that, history now has shown that an event such as the 9/11 terrorist attacks actually can close markets and restrict freedom, the very things Leaming purports to be upholding.

    People of good will are appalled that Leaming apparently thought it somehow his duty to Democracy and Constitutional government to harass a Secret Service agent. Given the critical duties of the Secret Service and its role in both national security and economic security, no American of good will wants to see an agent’s attention divided by the Kenneth Wayne Leamings of the nation and world.

    If Leaming is convicted, he should be sentenced to the longest jail term permissible under the law. Never again should MLM or any MLMer stay silent when an obvious fraud scheme surfaces and is “defended” at the exclusion of all logic.

    In both form and substance, Zeek was virtually identical to ASD — and yet ASD members and other MLMers joined Zeek. That’s a problem for MLM. whether it admits it or not.

    Those ASD members who joined Zeek? They did so even as Kenneth Wayne Leaming allegedly was targeting public officials, including a U.S. Secret Service agent, in campaigns designed to destroy the thin blue line that protects citizens from anarchy. The most dangerous Zeek members are the ones who hoped he’d succeed.

  • URGENT >> BULLETIN >> MOVING: Ira Lee Sorkin, Bernard Madoff’s Attorney, Files Motion For Clients Who Are Potential Clawback Targets For More Than $1.56 Million In Zeek Case

    URGENT >> BULLETIN >> MOVING: (3RD UPDATE 11:33 P.M. ET (U.S.A.) Famed defense attorney Ira Lee Sorkin is seeking pro hac vice admission to practice in U.S. District Court for the Western District of North Carolina on behalf of two prospective clawback targets in the Zeek Rewards Ponzi scheme case.

    Sorkin is with Lowenstein Sandler PC in New York. He perhaps is best known as Ponzi schemer Bernard Madoff’s defense counsel. Sorkin also is the former head of the SEC’s New York regional office.

    Sorkin’s clients are Zeek affiliates Trudy Gilmond and Kellie King, and Sorkin is arguing that Zeek did not sell securities and that the receivership should be dissolved.

    Gilmond is the prospective target of a clawback action for more than $1.364 million, with receiver Kenneth D. Bell asserting she put in only $3,105, according to Sorkin’s motion. King potentially faces a claim from Bell for more than $205,180 after paying in only $1,492, Sorkin said in the filing.

    Sorkin, according to a separate motion, also contests how the receiver issued subpoenas and is opposing a motion late last month by Dallas attorney Michael J. Quilling to be appointed “examiner.”

    Quilling sought “to represent the collective interests of the Affiliates and all creditors of the receivership estate” and desired to “be compensated out of the receivership estate,” Sorkin argued.

    But that should not be permitted to happen, Sorkin contended.

    From Sorkin’s motion (italics added):

    It is quite clear from the Receiver’s Preliminary Liquidation Plan and the defective subpoena issued to Ms. Gilmond that Qualified Affiliates have inherently conflicting positions as to one another, and thus cannot be jointly represented. To illustrate, it is in the interests of a Qualified Affiliate who is a “net-winner” to challenge the Receiver’s authority to clawback funds because the Receiver intends to use the “net-winner’s” money to pay net-losers. To the contrary, it is in the interests of a Qualified Affiliate who is a net-loser to support the Receiver’s efforts because the Receiver will take money from the “net-winner” and distribute it to the “net-loser” Qualified Affiliate. As such, an Examiner cannot be appointed to represent all of the Qualified Affiliates because the Examiner would have clients with inherently contradictory positions as to one another.

    The motion by Sorkin potentially puts Gilmond and King at odds with positions taken by Quilling clients and potential Zeek clawback targets Dave Kettner, Mary Kettner and David Sorrells. The Kettners and Sorrells, for example, moved to have Quilling appointed examiner.

    The Kettners and Sorrells potentially have a combined clawback exposure of nearly $2 million, according to court filings.

    Zeek records, according to letters from Bell cited by the trio, suggest Sorrells received $945,539 from Zeek while paying in only $1,695. Dave Kettner received $537,577.95 while paying in only $1,378, and Mary Kettner received $465,866.67 while paying in only $1,495.