Zeek Rewards – Judge Mullen Approves 1st Quarter Expenses

ORDER

Upon consideration of the Application for Fees and Expenses by the Receiver and His Advisors for the First Quarter of 2014, filed May 15, 2014 (the “Application”), and for good cause shown, IT IS ORDERED, ADJUDGED AND DECREED that:

  1. The Receiver’s Application is GRANTED.
  2. The Receiver and McGuireWoods LLP SHALL BE AWARDED an allowance of $756,188.52 (of which $151,237.70 will be held back pending further petition to and approval by the Court) for legal services rendered during the Compensation Period set forth in the Application, and $39,456.02 for the reimbursement of expenses incurred during the same period.
  3. FTI Consulting, Inc. SHALL BE AWARDED an allowance of $476,334.00 (of which $95,266.80) will be held back pending further petition to and approval by the Court) for services rendered during the Compensation Period.
  4. The Receivership Estate IS HEREBY AUTHORIZED to immediately pay such amounts and reimburse McGuireWoods LLP and FTI Consulting, Inc. for approved expenses.

Judge Signs Final Order Of Forfeiture In Leaming Case

On November 22, 2013,  US District Judge Ronald B. Leighton signed the Final Order of Forfeiture regarding all items seized during an FBI Terrorism Task Force raid in November of 2011 on Kenneth “Keny” Wayne Leaming’s home in Spanaway, Washington.  The list of items seized and forfeited include:

a. One (1) Norinco SKS 7.62x39mm semiautomatic rifle, bearing Serial No.  215590;
b. One (1) Astra model A-100 .45 caliber semiautomatic pistol, bearing Serial  No. 0865B;
c. One (1) Ruger model Vaquero, .45 caliber revolver, bearing Serial No. 57-49390;
d. One (1) Remington model 870 Express 12 gauge shotgun, bearing Serial No. X298121M;
e. One (1) Winchester model 94 .30-.30 caliber lever-action rifle, bearing Serial No. 4793736;
f. One (1) Winchester model 94 .32 caliber lever-action rifle, bearing Serial No. 1238347;
g. All badges, credentials, law enforcement identification documents, and other law enforcement equipment, including but not limited to light bars, crime scene tape, vests, handcuffs, nightsticks, and other similar items;
h. All documents related to defendant’s performance of legal services for third parties, including “client” files, counterfeit instruments, and similar materials;  and
i. All digital devices, including computers, external hard drives, and other storage media.

Leaming was subsequently convicted of the following:

  • 2 Counts of Retaliating Against A Federal Judge or Law Enforcement Officer by a False Claim
  • 1 Count of Concealing a Person from Arrest
  • 1 Count of Felon in Possession of a Firearm

Leaming is serving his sentence in  the Terre Haute Federal Corrections Institution and is scheduled for release on February 13, 2019. A Federal Felon conviction in 2005 was for Piloting an Aircraft Without a License and Piloting an Unregistered Aircraft, which made it illegal for him to possess any firearm.

I have uploaded Doc 285 onto the Files website.

Washington District Files Motion For Final Order Of Forfeiture In Leaming Case

US Attorney Jenny Durkin has filed a Motion in the Western District of Washington for a Final Order of Forfeiture for the seized property of Kenneth “Keny” Wayne Leaming, self-proclaimed lawyer that never went to any law school. Leaming is also purported to be a “sovereign citizen” and is a Charter Member of the “Arbys Indians”.

You can read the full filing here.   Doc284

 

 

 

Kenneth Wayne Leaming Gets Another Motion Denied

It appears that Leaming’s attempt to stay the Forfeiture of his “property” has not met with favor.  Here’s what Judge Leighton had to say:

No. 12-cr-5039-RBL
ORDER DENYING MOTION TO STAY FORFEITURE
(Dkt. #269)

Defendant “directs” the Court to stay forfeiture of his property pending appeal (because he is quite certain that there are “fundamental jurisdictional issues” concerning whether a federal court has the authority to hear federal criminal trials). The property at issue is Defendants’ firearms and regalia related to his sovereign citizen club, including pretend law enforcement badges. Defendant, already a felon before this conviction, offers no reason to stay forfeiture.

Well, that answers that. I really like Judge Leighton, he doesn’t mince words.

USA Files Sentencing Memorandum For Kenneth Wayne Leaming

Added to the docket file today is the government’s Sentencing memorandum related to Kenneth Wayne Leaming and his recent conviction on multiple felonies.  Here is the first part of the Memorandum:

UNITED STATES’ SENTENCING MEMORANDUM

The United States of America respectfully recommends the Court impose a total sentence of 120 months in custody, to be followed by three years of supervised release, structured as follows: 120 months (the statutory maximum) for the false lien counts; six months for the harboring count; and 60 months for the felon in possession count, all to run concurrently.

Overwhelming evidence during the trial shows that Defendant is a determined, persistent offender who will never stop retaliating against government officials for the exercise of their duly appointed duties. Defendant has no remorse for any of his actions, and fully intends to continue to pursue the same course of conduct – this is clear from the defense he presented at trial, and in his filings since trial.

Equally important, Defendant illegally possessed a small arsenal of dangerous firearms, including a “street sweeper” style shotgun and an assault rifle, together with badges and other police-style equipment. During trial, the Defendant repeatedly made thinly veiled threats to engage in violence if he was punished for his actions in filing the liens. Given his anti-government views, Defendant’s possession of firearms is troubling.

In short, the most important of the factors under 18 U.S.C. § 3553(a) appears to be the need to protect the public from future crimes of the Defendant, and the government recommends that the Court sentence Defendant accordingly.

I have uploaded the complete document onto the Files website.

Kenneth Wayne Leaming Makes “Special Offer” To Reduce What Feds “Owe” Him

Previously, I posted an “Invoice” from Kenneth Wayne Leaming claiming that the Sea-Tac Detention facility owed him 208,000 ounces of 99.9% pure Silver for “operating a slavery system, unlawful detention, unlawful restraint, enforcing judgement of a ‘court’, and enforcing an instrument of foreclosed entity”.  Leaming defined his terms as “Net 15 days”.

He then filed this next document as ‘Changes to terms and Conditions’, and is asking for more Silver.

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Yes, you read that correctly; Leaming has made a “Special Offer”, he will take only 300 ounces of Silver if they restore his “liberty and property” by tomorrow, May 15th. Kind of defeats the purpose of filing all these other meaningless meanderings he is famous for filing.  But then, that is what makes him “Keny Wayne, of the family Leaming”.

Kenneth Wayne Leaming Continues to File Documents in Felony Criminal Case

The case docket for the recent Criminal case against Kenneth Wayne Leaming shows us a few new additions, most of which are not worthy of discussion. Below is part of an ORDER issued relative to an Appeal of Judge Leighton not recusing himself from the case, despite repeated attempts from Leaming.

This ORDER comes from Marsha J. Pechman, United States Chief District Judge:

Before this Court is Defendant Leaming’s motion for recusal (Dkt. No. 199) and Judge Leighton’s order declining to recuse himself. Dkt. No. 202. The motion has been transferred to this Court for review in accordance with Local Rule GR 8(c).
Upon consideration of the motion and all relevant documents in this matter, the Court affirms Judge Leighton and DENIES the motion to recuse.

The second ORDER from Judge Leighton is short and to the point:

Mr. Leaming’s recently-filed motions are frivolous and are DENIED.

I have added these two documents to the Files website.

 

Judge Leighton Issues Order On Leaming Filing

This Order was on the docket today, along with this:

03/20/2013 209 MEMORANDUM of Points of Authority by David Carroll Stephenson in support of 187 MOTION to Arrest/Vacate Judgment in Case No CR12-5039 as VOID (CMG) (Entered: 03/20/2013)

It looks like Leaming and Stephenson cannot take “NO” for an answer when it comes to filing Motions after Judge Leighton said he will not accept them.  Here is Judge Leighton’s ORDER:

No. 12-cr-5039-RBL
ORDER
(Dkt. #205)

Defendant’s Petition for Declaratory Judgment and Motion to Arrest/Vacate Judgment (Dkt. #205) is frivolous and DENIED for the reasons provided in previous orders addressing the same arguments.

The Appeals cases are still open without any recent activity.

 

Leaming Has Become A “Broke Record”, Files Same Motions Over And Over

Kenneth Wayne Leaming continues to file the same “Motions” over and over, continuing to quote the “ILO” and “UCC” as if they actually mean something.  The latest filings are:

  • PETITION for Declaratory Judgment and MOTION to Arrest/Vacate Judgment for lack of proof of jurisdiction
  • MOTION to Vacate/Dismiss all Counts for lack of evidence, jurisdiction, etc

In his classic style, Judge Leighton issued an ORDER denying the Motion to Vacate and said this:

Defendant has moved for acquittal on all counts (again), a motion that was denied only last week. (See Order, Dkt. #203.) Defendant presents the same frivolous arguments, which appear to be caused by his patent unwillingness to look at the evidence against him. He states, “the complaint, search and arrest ‘warrants,’ and indictment were based on perjury of John Anthony Davis, as admitted at trial,” specifically, “that the Recorded Documents [i.e., the liens] were FALSE and/or FICTITIOUS.” (Def.’s Mot. to Vacate at 1, Dkt. #206.) Further, Defendant argues that Agent Davis “testified that he could find no false or fictitious element to any of the documents . . . .” (Id.)

To the contrary, Agent Davis testified (as did all other witnesses) that Defendant filed liens for sums that he was not owed—$225 billion in one instance. Defendant explained that this was merely “an opening offer” in some sort of negotiation that he concocted. A lien, of course, is not an “offer” of any sort; it is a “legal right or interest that a creditor has in another’s property, lasting usually until a debt or duty that it secures is satisfied.” Black’s Law Dictionary (9th ed. 2009). The evidence showed that Defendant had no “legal right or interest” in any of the property he liened.

Defendant further argues that the indictment fails “to name the men, state of body, people seized and compelled to participate in the sham ‘trial’ and instated purported to accuse a vessel, corporation other artificial entity, or decedent of something . . . .” (Def.’s Mot. to Vacate at 2, Dkt. #206.) This allegation appears to arise from Defendant’s sovereign-citizen dogma, which includes a “redemptionist theory.” Other courts have addressed these theories:

[Redemptionist theory] propounds that a person has a split personality: a real person and a fictional person called the “strawman.” Redemptionists claim that government has power only over the strawman and not over the live person, who remains free, and thus, individuals can free themselves by filing UCC financing statements, thereby acquiring an interest in their strawman. . . . [T]he real person can demand that government officials pay enormous sums of money to use the strawman’s name or, in the case of prisoners, to keep him in custody. If government officials refuse, adherents of this scheme file liens against government officials. Adherents of this scheme also advocate that they copyright their names to justify filing liens against officials using their names in public records such as indictments or court papers.

Minister Truth Ali ex rel. Williams v. New Jersey, No. 12-2797-RBK, 2012 WL 4959488 (D.N.J. Oct. 17, 2012) (citation and internal alterations omitted). This theory is, of course, nonsense on its face. For Defendant’s benefit as this case proceeds to sentencing, the Court will make this clear: the U.S. Government has charged, and a jury has convicted, Mr. Leaming, the flesh-and-blood author of these motions, the man sitting in a cell at FDC Sea-Tac. There is no such thing as strawmen, and redemptionist theory is just internet make-believe. The Court does not say this to be harsh, but simply as an effort to shake Defendant into reality. His bizarre legal theories are wrong, and they have led to his conviction of serious crimes.

And with that, the Court will no longer entertain Defendant’s frivolous motions. That is the Ninth Circuit’s job now. Defendant’s Motion to Vacate (Dkt. #206) is DENIED.

It appears that Judge Leighton has finally had enough of Leaming’s meaningless Motions.  I wondered how long it would take, and judge Leighton was much more patient that predicted.  I feel sorry for the 9th Circuit Court of Appeals, where Leaming has about 6 Appeals open as we speak. The “legal theories” used in his Appeals is the same as the ones that got him convicted on 5 Felony Counts.

More Filings From Kenneth Wayne Leaming

It seems Kenneth Wayne Leaming has been keeping busy prior to his Sentencing Hearing by filing many more of his imaginative and internet based fantasy legal theories. Judge Leighton continues to exercise restrain in his responses to these filing, although he periodically does get in a jab or two in his comments. The latest filings from Leaning are:

  • DEMAND FOR Declaratory Judgment as to Adjudicative Facts
  • NOTICE to the Record of Bias and Notice of Duty to Recuse
  • MOTION for Acquittal by Kenneth Wayne Leaming
  • PETITION for Declaratory Judgment and MOTION to Arrest/Vacate Judgment
  • MOTION to Vacate/Dismiss all Counts for lack of evidence, jurisdiction, etc

Leaming is all about persistence, as his filings suggest; if only he was using established laws with which to argue his case, not some garbage he found on the internet.  But then, it wouldn’t be his notable and signature style.  Judge Leighton issued an ORDER on the Motion for Recusal as follows:

Defendant, recently convicted, has filed a “Notice to the Record and Notice of Duty to Recuse,” which the Court will treat as a motion to recuse. Under 28 U.S.C. § 144 and 28 U.S.C. § 455, recusal of a federal judge is appropriate if a reasonable person with knowledge of all the facts would conclude that the judge’s impartiality might reasonably be questioned. Yagman v. Republic Insurance, 987 F.2d 622, 626 (9th Cir. 1993). “In the absence of specific allegations of personal bias, prejudice, or interest, neither prior adverse rulings of a judge nor his participation in a related or prior proceeding is sufficient” to establish bias. Davis v. Fendler, 650 F.2d 1154, 1163 (9th Cir. 1981); see also Liteky v. United States, 510 U.S. 540, 555 (1994) (“judicial rulings alone almost never constitute valid basis for a bias or partiality motion.”).

Defendant has provided no grounds for recusal. He states only that he has filed a “Judicial Misconduct/Disability Complaint” against the undersigned with the Ninth Circuit and believes that the filing itself “EVIDENCES the prejudice and BIAS of Leighton, and Leighton is mandated to recuse himself for Bias and Prejudice.” A defendant’s filing of a document is not evidence of bias. The motion is DENIED and the Clerk is directed to REFER the motion to the Chief Judge.

Defendant has also filed a “Demand for Declaratory Judgment as to Adjudicative Facts.” Like many of Defendant’s previous filings, the document references “International Law Ordinances” from the internet and asks “[i]s there any FACT and LAW upon which the International Law Ordinance . . . is not binding on the above captioned tribunal and its officers?”  Yes. It is not a law passed by Congress and signed by the President. Defendant’s filing goes on to ask similar vague questions about the Universal Declaration of Human Rights, the Declaration of Independence, and the U.S. Constitution. The answers to his question are as follows: the Universal Declaration of Human Rights and the Declaration of Independence provide no binding law; the Constitution does. To the extent that this document is meant as a motion, it is DENIED.

Judge Leighton also issued an Order regarding Leaming’s Motion for Acquittal  (emphasis added):

Defendant has moved for acquittal on all counts, arguing that the jury lacked sufficient evidence to convict and that various unspecified arguments he presented at trial mandate acquittal.

Under Fed. Crim. R. P. 29, a defendant may move for judgment of acquittal within 14 days after a guilty verdict, and the court must acquit the defendant of “any offense for which the evidence is insufficient to sustain a conviction.” Fed. Crim. R. P. 29(a), (c). Defendant was convicted on three counts of retaliating against a federal official by filing a false claim (in this case, liens), one count of concealing a person from arrest (Dkt. #169), and one count of being a felon in possession of a firearm (Dkt. #183).

The evidence on all counts was overwhelming. First, Defendant admitted on the stand that he knowingly possessed the firearms in question because he wanted to challenge the law at the Supreme Court. (For Defendant’s benefit, the Supreme Court has upheld the law banning felons from possessing as recently as 2008. See District of Columbia v. Heller, 554 U.S. 570, 626 (2008) (“[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons . . . .”).)

Second, the evidence supporting his false-claims convictions was equally strong. Defendant admitted to filing liens against a group of federal officials for absurd sums, $225 billion in one case. The only link any of these officials had to each other was their participation in the prosecution of a Ponzi scheme on the east coast. The evidence demonstrated that Defendant was “helping,” as he put it, certain individuals who were aggrieved by the prosecution of the Ponzi scheme. On Count 3, phone calls between the co-defendants plainly established that Mr. Leaming believed the IRS was for some reason going to collect these absurd sums from two prison officials. The calls show that Mr. Leaming filed the liens in retaliation for the officials performing their duties, i.e., holding Mr. Stephenson.

Lastly, the evidence overwhelmingly supported Defendant’s conviction of concealing a person from arrest. The Government established that Defendant knew certain individuals were sought in relation to a postal-scam, that Defendant allowed them to stay in his home, helped them trade cars, and otherwise supported them.

For the reasons stated above, Defendant’s Motion for Judgment of Acquittal (Dkt. #203) is DENIED.

The Ponzi scheme mentions above is none other than ASD/AdCashGenerator, formerly run by the now 3 time convicted Felon named Thomas Anderson (Andy) Bowdoin, Jr.. The individuals targeting in both the False Liens and the $225 Billion dollar lawsuit are closely associated with ASD’s Civil and Criminal cases.  Leaming thought it prudent to go after them to correct some perceived wrongdoing, much like the “ASD Justice” group has unsuccessfully attempted to get the ASD cases overturned on the grounds of a defective and deficient Affidavit.

I have no doubt that Leaming will continue to file more frivolous wastes of paper and quoting more legal nonsense up to and after his sentencing in May.  He has a lot of time on his hands and a lot of notebook paper on which to do his hand written filings of puerile and superfluous prattle.  He may yet wear on Judge Leighton’s last nerve in the near future.