Archives on August, 2012

More from Leaming in his suit against Eric Holder and the President

Posted by Don on August 31, 2012No Comments

Kenneth Wayne Leaming, aka Keny Wayne

There are three new handwritten filings from ASD figure Kenneth Wayne Leaming, in which he brings to bear the laws of  United States that he claims is is not subject to, as a “sovereign”. The three filings are for

  • A Temporary Restraining Order to release them from prison pending a decision on Summary Judgement, since he figures that he will prevail. He says if approved that he will remain in Western Washington state, “the geographical area described by Congress as opposed to Municipal Corporations”
  • A Motion for Summary Judgement in which Leaming claims must be done because the Defendants have failed to respond to his filings as “employees of the Federal Municipal Corporations established in the District of Columbia by Congress”.  I guess he is upset that they do not argue with him.
  • He also asks for damages, and the restoration of all properties taken from him (I guess he means the firearms removed because he is a convicted Felon)
  • He brings up the “fictitious names” and the Schooner Amistad again. And, of course, he says Obama is not the President, so Eric Holder cannot be his appointee to AG.
  • The last motion filed is for an “Order to Mail All Legal Items”, because he says the Bureau of Prisons has “obstructed and delayed” by refusing to sell them stamps and holding legal mail for 3 weeks before returning it without proper postage with is “contrary to established law relating to access to the courts”.  I guess he has once again forgotten that he does not have to follow the laws but he wants them to be at his disposal when it suits him.

He has also requested that the envelopes be saved as evidence of this wrongdoing, which they were and are included with each of the three filings, and have the words “mark of the beast refused” or “mark of the beast not claimed” on each envelope.

You just cannot make this stuff up, folks.

 

 

 

 

 

On all three Envelopes, Leaming refers to 18 USC 241 (Conspiracy against rights), 18 USC 245 (Federally protected activities) and 18 USC 247 (Damage to religious property; obstruction of persons in the free exercise of religious beliefs).

Info from the Zeek Rewards receiver’s website

Posted by Don on August 30, 20122 Comments

There are new additions to the Receiver’s website, the first is a Letter from the Receiver which explains:

Due to the sheer volume of messages I have received from victims, I am unable to respond to individual questions so I encourage those affected to email questions as well as relevant account information to info@zeekrewardsreceivership.com.

There, every message received will be read and cataloged. An official claim form will also soon be made available on this site and each filed claim will be considered at the time the assets are allocated back to the victims.

Secondly, there is a News Release there which can be found here.

 

The Tea party – The American Taliban???

Posted by Don on August 29, 20122 Comments

I saw this on Youtube and it made a great impact upon me. As many of you know, when I was part of the ASD-BIZ Ning forum, a few pro ASD people referred to me as a “left wing liberal”. After watching the following video, I am proud that they did.

Keep in mind this is not a real TV news  broadcast or program, it is actors from HBO’s “Newsroom”, but listen to what it says. It points out what has gone wrong with this country and this election….

ASD Justice case is DISMISSED!!!!!!!!!!!!!! (as we all knew it would be)

Posted by Don on August 29, 2012No Comments

Judge Rosemary Collyer has issued the memorandum Opinion and ORDER that has DISMISSED the case brought by Todd Disner and Dwight Schweitzer, primarily because they lacked standing to claim a 4th Amendment violation for another party (ASD).

I have said the same thing many times to Dwight Schweitzer, in articles and in replies to his comments here, but he contended that he was right and everyone else was wrong. After all, he used to be a lawyer (key words, used to be).

Here are parts of her opinion, full documents are on the Files website:

OPINION

Pro se Plaintiffs Todd Disner and Dwight Owen Schweitzer were victims of an internet Ponzi scheme called AdSurfDaily, Inc. (ASD). Federal agents investigated ASD for wire fraud and money laundering and, pursuant to warrants, federal agents seized approximately $80 million of ASD’s funds and related assets. The Government obtained in rem forfeiture judgments against the funds and other property purchased with ASD monies. Plaintiffs allege that the warrants and the seizure of the funds were invalid and seek a declaratory judgment that their Fourth Amendment rights were violated. The Government moves to dismiss. Because Plaintiffs lack standing to raise a Fourth Amendment claim, the motion to dismiss will be granted.

===

III. ANALYSIS

One who asserts a Fourth Amendment violation bears the burden of demonstrating that his own Fourth Amendment rights, rather than those of someone else, were violated. Rakas v. Illinois, 439 U.S. 128, 132 (1978). Fourth Amendment rights are personal and may not be “vicariously asserted.” Id. at 133-34. To prevail on a Fourth Amendment claim, a plaintiff first must show that there was a search and seizure of that individual’s person, house, papers or effects, conducted by an agent of the government, i.e., an invasion of the claimant’s reasonable expectation of privacy. United States v. Segura-Baltazar, 448 F.3d 1281, 1285-86 (11th Cir. 2006). Second, the plaintiff must show that the challenged search and seizure must be “unreasonable,” i.e., not supported by a probable cause. Id.

An officer or a sole shareholder of a corporation may have a privacy interest in corporate records if he can demonstrate that he had a legitimate and reasonable expectation of privacy in such records. See, e.g., Williams v. Kunze, 806 F.2d 594, 599 (5th Cir. 1986) (status as officer and shareholder was insufficient on its own to demonstrate an expectation of privacy in corporate documents; plaintiffs lacked standing to challenge the search and seizure of such documents). Further, one who gives business records to another does not retain a privacy interest in such records. In United States v. Miller, 425 U.S. 435, 442-44 (1976), the Supreme Court found that a bank depositor had no Fourth Amendment interest in checks, deposit slips, financial records, and monthly statements that were obtained by the government via grand jury subpoenas served on a bank. The documents were business records of the bank, not private papers. Miller, 425 U.S. at 442-43. The depositor lacked an expectation of privacy in the records as he had voluntarily conveyed them to the bank. Id. “[T]he Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities, even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in the third party will not be betrayed.” Id. at 443. The same principle applies to information revealed to a third party via the Internet. See, e.g., United States v. Perrine, 518 F.3d 1196, 1204 (10th Cir. 2008) (“Every federal court to address this issue has held that subscriber information provided to an internet provider is not protected by the Fourth Amendment privacy expectation.”); Guest v. Leis, 255 F.3d 325, 335–36 (6th Cir. 2001) (“Individuals generally lose a reasonable expectation of privacy in their information once they reveal it to third parties.”); U.S. v. Hambrick, Civ. No. 99-4793, 2000 WL 1062039, at *4 (4th Cir. Aug. 3, 2000) (a person does not have a privacy interest in the account information given to the ISP in order to establish an email account).

Moreover, a fraud victim who voluntarily transfers property to a wrongdoer does not retain a legal interest in the property; instead, the victim becomes a creditor of the wrongdoer. See United States v. Agnello, 344 F. Supp. 2d 360, 372 (E.D.N.Y. 2004) (finding that standing in a civil forfeiture action requires a showing of an ownership interest in the forfeited property, not merely a right to payment); United States v. $3,000 in Cash, 906 F. Supp. 1061, 1065-66 (E.D. Va. 1995) (claimant/victim could trace his money to seized bank account but title to the money passed to perpetrator, making claimant an unsecured creditor without standing).

Plaintiffs insist that ASD held property that belonged to them, but they have not alleged any facts to support this claim. Plaintiffs were not officers, shareholders, or employees of ASD, and there is no showing that ASD held their property at its offices. Plaintiffs were victims of fraud who voluntarily transferred funds to ASD. When they transferred monies to ASD, they did not retain ownership. Plaintiffs are unsecured creditors of ASD who may claim a portion of the forfeited funds, but they do not have standing to challenge the search and seizure of ASD property. Furthermore, despite Plaintiffs’ claim that the records on the ASD servers were encrypted and password protected, Plaintiffs had no privacy interest in the ASD records. The records were voluntarily transferred to ASD and were in the custody and control of ASD. Plaintiffs have no privacy interest in records shared with a third party. Without a reasonable expectation of privacy, Plaintiffs cannot make out a Fourth Amendment claim.

I wonder if they will return the money that was donated by ASD victims to hire experts for the case. Or will they keep it, just like all the other people that said they could intervene, like Bob Guenther (ASDMBA), Sheldon Drobny (Anshell Financial), the ASDMI and several other groups that did absolutely nothing fro ASD members,  just like these two and “ASD Justice”.  Miscreants, all.

Bowdoin gets 78 months!!! Judge Collyer orders remissions!!!!

Posted by Don on August 29, 2012No Comments

Andy Bowdoin in better days

 

Andy Bowdoin has been sentenced to 78 months, according to sources. I will post the documents once they appear on PACER.  The ORDER below comes from PACER as of an hour ago

 

Judge Rosemary Collyer orders victim compensation!!!!

From PatrickPretty.com, Zeek Leaders – Whose Lawyer is it Anyway??

Posted by Don on August 29, 2012No Comments

Whose Lawyer Is This Anyway?

By Gregg Evans

A group of Zeek Rewards’ affiliates claim they have retained SNR Denton to do, well, something about the SEC taking over Rex Venture Group, Zeek’s corporate parent. What they intend to do is a mystery at this time. You see, Rex Venture Group, and with it Zeek, is dead. Nothing left but the shell that is in possession of a court-appointed receiver.

There can be no resurrection here: Paul Burks, the previous owner has turned the company over voluntarily to the receiver and, under the terms of the consent judgment, he cannot change his mind, he cannot appeal, he cannot argue that he didn’t violate securities laws and he can’t reboot the company under a different entity.

Zeek is no more: All that’s left is to gather up all the money and distribute what’s left back to those that it was stolen from.

The first problem with this is that not all that was stolen can be recovered, a part of it is going to be spent in the effort to return it and not everyone lost, which means some people won. Fairness, and by the way the law, says that those winners should have to return not only their ill-gotten gains, but in fact they should also return part of their original investment so that they proportionately bear the same loss rate as everyone involved.

In short, if the average “investor” is only going to recover $30 of the $100 they sent in, why should someone who sent $10,000, and profited in the end, only have to return their net winnings? It’s only fair that they should in fact have to return all their profits, but also 70% of their contributions, so that they bear the same loss as everyone else. If you sent in $10,000 and didn’t take out a dime, I think you’ll see the logic there. If, on the other hand, you were among the early investors who made a sizable profit, you may think differently.

You can read the full article here:  http://www.patrickpretty.com/2012/08/29/as-zeek-apologists-solicit-funds-and-plant-seed-theyll-sue-sec-guest-columnist-asks-whose-lawyer-is-this-anyway/comment-page-1/#comment-33562

OneX/Pro set to “re-launch” on Thursday

Posted by Don on August 28, 2012No Comments

In tonight’s webinar, Jerry and Dale told us that OneX will re-launch the “new and improved” program, with all the problems corrected. OneX launched over a year ago and has been plagued with problem after problem. Many downlines have disappeared over the stalls and delays, some over lost of confidence in a Program that was offline for months. Add to it the continued problems with payment processors and we have  a really bad situation for a HYIP that has no way of moving the money in or out.

The subject of the payment processor arose during the webinar, a few persons outside the US asking if other processors will be brought on board, as they cannot use iPayout in their country. One would imagine that this problem will be sorted out quickly, so they can take in more money before claiming they were hacked and money was stolen. Wait, they already have claimed losing millions due to “credit card fraud”.

It really sucks when one scam artist cannot trust another one.

Purported email from Upper Crust Zeek affiliate surfaces around the net

Posted by Don on August 28, 20122 Comments

There’s an email floating around that is supposed to have originated from someone very high up in the Zeek food chain, like in the very top part, even higher than Disner or Schweitzer!  This email should be taken for face value as it is not substantiated or verified to be fact. At least, not just yet…. we’ll see once the criminal charges start flying.

——————————————————————————————————–

Anonymous Affiliate on August 19, 2012 at 5:49 pm said:

Okay… I can’t take it anymore, after reading all these comments I don’t care. I know everything that happened, I was greedy and I was selfish and I am exposing everything I know because I am probably the only affiliate high up that will do so:

I was personally introduced by a couple in Hawaii as I was vacationing about ZeekRewards and Zeekler. Daryl Douglas which I have connections with as well communicated on a regular basis. I was told I could join as an affiliate in May of 2011, and I signed on with 10K because I was told what nobody else besides us at the top were, and it was the following:

“ZeekRewards is designed as bid purchases but in reality the cash is from new affiliates, there is a design to slow the growth and plans to keep this running for at least 2 years before it crumbles.”  The plans were shown to me clear in writing and I even had access to the actual earnings from the penny auction which was very low.

I knew I would make money, because a few affiliates were “planted” in some of the fastest growing MLM states, Florida, Utah and a couple others.

Every who was planted put in 10K or got a loan knowing they would get their return. Not only were we guaranteed our  money back from Daryl Douglas and Dawn Wright Olivares, we had direct contact information. I myself spoke to Dawn about twice a week and I allegedly knew that this would fall apart in 2 years or just a bit less.

The month is November 2011: I start recruiting some people, showing them how much I am making. I am dishonest telling them I only started with $500 and where I am at now, which is only about 30,000 points from May. I am making about $500 per day and show a guy who is trying to sale me insurance. He looks at it and of course believes it signing up just a bit later.

I know from speaking to Dawn on a regular basis that we are nothing more then just a recruitment scheme, luring in people one after the next by telling people about the penny auctions and how much they make which in reality it makes up less than 2% of the profit coming in, but they don’t have to know that.

By December I start recruiting more people, but I start using Facebook knowing that I don’t want too many local enemies since I am doing everything out of my small business. I also know that the people in early will get their money back… it’s all timing and a recruiting game now.

I add as many friends as possible on Facebook (5,000) being the limit and build report, anyone who doesnt talk to me I delete and move to the next. I know that the money is there and Zeek continues to grow.

That month I become Senior Executive in ZeekRewards, I have my 6 diamonds and a few gold and silver affiliates. Nobody has put big money in yet other then $500 here and 1,000 there.

I get a call from Daryl Douglas, his account is nearing 400,000 VIP, he tells me how he recruits and his personal success.. I know I need to push the recruiting more.

I start working even harder at Zeek, but by this point and time one of the affiliates I recruited in November of 2011 is a recruiter himself. He pulls in doctors, lawyers and more even unapproved spreadsheets are going around showing what you will make. The business grows, but remember only a few planted affiliates know the true business model, we use our backoffices to lure people in with the large amounts we are making. (emphasis added)  We know better not to tell anyone else because when it all crashes it will trickle back up to us, we continue presenting the “penny auction” as usual.

By now I almost have 500 people in my Matrix and my account is over 100,000 VIP. I have pulled out just over 10K and show people proof of checks occasionally to lure them in. It works. (emphasis added)

I start hosting group meetings out of my business getting the word out, the group grows and grows every week and so does my account, know that the bigger the VIP, the easier to lure people in and the more my cashout option will be.

By this time Zeek Rewards News which is the official blog and news site ZeekRewards is launched keeps affiliates up to date as well as their Facebook page. The news site is only used to build a trusting relationship with readers, nothing more than just to lure people in. Updates range from when the site will be down, maintenance, and upcoming details.

May 2012: This marks the date Zeek changes banks, the banks are offshore in South Korea. I have a personal call with Dawn and she tells me how fast the business is growing, gives me a few numbers of what we are making per day, at the time we are over 3 million per day- the actually penny auction site bringing in about 10-15k per day while the other is all affiliate money.

No more paper checks are being sent out by Zeek, simply because of using off-shore bank accounts, Zeek hides the mess by using ewallets, NXpay, AlertPay and SolidTrust.  Zeek hopes that some people wont know how to take the money from their account leaving more in for us to cashout.

Zeek happily allowed anyone who requested money to take money out knowing that checks and proof would entice more people to join and put more money in- this worked just as was planned by Dawn, Daryl and Paul.

It’s the end of May 2012, I get an urgent call from Paul surprisingly, he tells me that the payouts and VIP accounts are growing to fast and he doesn’t want to scare people away. He manages the Retail Profit Pool and continues to average it at 1.5% so others don’t pull their money out leaving more for all of us.

Paul uses about 1.9 to 2% on Thursdays, 1.4% Fridays and weekends are about 0.8%. I am told by Paul as well as Dawn later in a conference call to draw out money but not all of it.  (emphasis added)

Dawn: “Don’t draw all of your money out, it will be too suspicious for those who see your account and its under 10,000 VIP or really low” We don’t want people catching on, pull out a decent amount but leave quite a bit in there.

My VIP at the time was over 500,000… I drew out over $35,000 per week in increments. (emphasis added) and I knew that all funds that I actually wanted had to be out soon.

It’s now the mid of June, I get call from Dawn telling me that the plugs will be pulled on the company in August and to take out what I need or can. I set my account to taking out $60,000 here, $40,000 there totaling a little over $350,000 in the period of just 2 months. (emphasis added)

I’m not allowed to tell anybody on my team, even the guy below me who has 2 accounts for him and his wife that total nearly 500,000 points. I give hints and recommend he takes some money out to take a nice vacation, he does pull out a little over $50,000.

I know that by exposing the scheme it will only be bad for me at this point and time, there is no point. I tell people on the team to 0 out their accounts to move over to Bids That Give (this was a hint) but few listened.

We are now in August, people still ask to see my account, even after pulling out over $350,000 recently my VIP remains at 474,000.

The final meeting I have people want to buy bids, I know I could refuse seeing that we are coming to an end, but that would only cause suspicion if I refused.

It’sTuesday August 14, just a few days before Zeek shuts down its site. I get a final call from Dawn telling me thank you, we are walking a way before we can continue paying out anymore (emphasis added) . We talk and I know it’s coming to an end.

Dawn asks me where my VIP on the account is making sure I have a good amount in there to cover the trail, in the even I didn’t they could manually input the numbers for me. I did leave close to 500,000 in my account. In Zeek total since I started I have taken out close to $800,000 (emphasis added) being the top guy in my state and knowing how the scheme worked and when it would end.

What I did was dishonest, greedy, hurtful and more. Why am I admitting this? Because I am ashamed, it doesn’t matter anymore. I created many debts as only a few people on my team pulled out what they initially made. It’s too late to come out and knowingly admit my name now…

All the updates on ZeekRewards News about prepaid cards, ZeekBates and other new stuff coming out was just a shame to funnel in more money and keep the money in the affiliates accounts.

I even told people that with the new updates the VIP earnings would double from the revenue, I lied. I did many wrong things,and now I admit them

You see, this was organized and disguised so well, that thousands of people got hurt. Call me an idiot, tell me to burn in hell, but I am the only affiliate in the upline with connections to Dawn, Daryl and Paul who will share my story- my story is the truth and I believe people should know for the sake of their own good.

Zeek was nothing more than a hurtful scheme, buying fake customers and more.

————————— —————————

It’s a bit late now, dude, to apologize for knowingly, willingly, and deceptively promoting what you new was a Ponzi/Scam. Even that is a felony, my friend. And, I truly doubt that your name will not come up in some future legal filings or when the Receiver begins the claw back process and comes after that $800,000 you admit to taking out.

I would hate to be you in a few months. Use some of that money to hire a REALLY good lawyer!!!

Burks and Rex Ventures had money in a variety of banks

Posted by Don on August 28, 20122 Comments

While checking the SEC vs Paul R. Burks docket this morning, there were 7 or 8 additions to the docket. Among them are some information from Charles Schwab and NewBridge Bank, as shown below.

Between these two institutions, there was over $18 million.  It seems that Paul Burks had taken more then the reported “1 Million dollars” for himself as a salary, when you see how much he had in his own name at the NewBridge Bank. While Zeek supporters can say that any CEO of a multi-million dollar company has a big salary, when that company is really a Ponzi, it’s not a salary, it’s ill gotten gains.

I just hope that all of the “Diamond” affiliates are ready for the clawbacks.