California, US courts’ – Large-scale fraud

 

On Dec 16, 2012, at 5:16 PM, “Joseph Zernik, Human Rights Alert (NGO)” <123456xyz@gmail.com> wrote:

PRESS RELEASE

Large-scale fraud in the California, US courts’ electronic record systems is detailed in a paper, peer-reviewed by CYBERLAW 2013

 

The paper documents large scale fraud in the California (Sustain) and US (PACER and CM/ECF) courts’ electronic record systems.  The systems enable the deprivation of liberty and property with no due process of law, abuse of Human Rights and undermining of banking regulation under the current crisis.  The paper was peer-reviewed and accepted for CYBERLAW 2013, a law and technology conference.To this date, no US-based law journal in the fields of Human Rights and Law and Technology, where such papers were submitted, agreed to process them for scholarly peer-review.  Two weeks after acceptance by CYBERLAW 2013 peer-review, the paper was “rejected” through a dubious procedure by a self-identified “volunteer” and “logistics” of the organizers, IARIA – the International Academy, Research, and Industry Association.

Sustain, PACER & CM/ECF– the electronic record systems of the Los Angeles Superior Court and the US courts, respectively.

View as PDF: http://www.scribd.com/doc/117044398/

View as blog post: http://inproperinla.blogspot.co.il/2012/12/12-12-17-press-release-large-scale.html

 

Los Angeles and Jerusalem, December 17, 2012 –  a paper, documenting large-scale fraud in design and operation of the electronic record systems of the California (Sustain) and US courts’ (PACER & CM/ECF) was subjected to anonymous peer-review and was accepted for publication by CYBERLAW 2013, an international law and technology conference. [1]

The paper, authored by Joseph Zernik, PhD, of Human Rights Alert (NGO) documents how the electronic record systems of the courts enable the deprivation of liberty and property with no due process of law, abuse of Human Rights and undermining of banking regulation under the current crisis.

Papers by the same author on similar subjects were previously peer-reviewed and published in international technology and criminology journals.  The current paper adds case studies from recent years and legal analysis of the fraud in the electronic record systems of the courts, relative to the California and US law.

In the California courts:

  • In Lomas v Bank of America Corporation in the Superior Court of California, County of Los Angeles Susan Lomas attempted to protect her rights against real-estate fraud by Bank of America.  California Judge Peter Meeka conducted on Lomas proceedings which, as was later discovered, were secretly noted in the minutes in Sustain, “off of the record”.
  • In Marina Strand Colony II Homeowners Assn vs County of LA, in the Superior Court of California, County of Los Angeles, former US prosecutor Richard I. Fine, Attorney for Plaintiff, exposed and rebuked the taking by California judges of “not permitted payments” (bribes).  Fine was subjected to simulated litigation that ended with Fine’s false imprisonment.  Later, Sheriff Lee Baca of Los Angeles County held Fine for 18 months in solitary confinement (considered torture by international standards) under simulated booking records, which showed that Fine was arrested on location and by authority of the non-existent “Municipal Court of San Pedro”.

In the US courts:

  • In Richard Fine v Sheriff of Los Angeles County in the US District Court, Central District of California, US Court of Appeals for the 9th Circuit, and the US Supreme Court, the habeas corpus petition of Fine was subjected to simulated review, while fraudulent, unauthenticated court minutes and decisions were recorded.
  • In Log Cabin Republicans v USA et al  in the US Court, Central District of California, and later in the US Court of Appeals, 9th Circuit, the ‘Don’t Ask Don’t Tell’ policy of the US Armed Forces, was challenged. In 2004 Judge George Schiavelli issued a judgment in the case, in favor of the United States, and the case was listed as ‘Closed’.  The 2004 Judge George Schiavelli Judgment was never overturned through an appeal, or any other judicial process. In 2010 Judge Virginia Phillips appeared in the case and issued the opposing judgment, in favor of the Log Cabin Republicans. The US Court of Appeals for the 9th Circuit knowingly conducted a simulated appeal from the simulated Judge Phillips’ judgment in this case.
  • In Citizens United v Federal Election Commission in the Supreme Court of the United States, the First Amendment was purported to permit unlimited donations by corporations to political campaigns. The electronic record system of the Supreme Court lists “judgment issued”, but no judgment is to be found in the Supreme Court’s electronic record system, and no judgment was served on the Federal Election Commission.
  • In Netsphere Inc et al v. Baron et al (3:09-cv-00988) in the US District Court, Northern District of Texas, Defendant Jeffrey Baron was subjected to simulated litigation, which was initiated with no valid summons and where multiple simulated minutes and order records were registered by the Court.  In November 2010 through an Ex Parte Emergency motion, US Judge appointed a receiver over Jeffrey Baron’s person and assets, a notion akin to slavery.  Regardless of multiple filings by Baron in the US Court of Appeals, 5th Circuit, such corrupt court practices are permitted to stand.
  • In Securities and Exchange Commission (SEC) v Bank of America Corporation (BAC)in the US Court, Southern District of New York, a landmark litigation under the current financial crisis, US Judge Jed Rakoff conducted simulated litigation, with no valid summons, no minutes, and where the court continues to deny Access to authentication records.  Banking executives, who unlawfully took $5.8 billion of shareholders’ moneys, were permitted to keep the ill-gotten funds and none was held accountable.

The CYBERLAW 2013 paper also documents how in no case, where a court was noticed of the ongoing conduct of fraud on the court, did the court correct the false judicial records, or cease the conduct of the simulated litigation.

The paper provides detailed legal analysis, how Sustain and PACER & CM/ECF violate the laws of California and the US, respectively, relative to the administration of the courts, how they undermine the integrity of the offices of the clerks of the courts and amount to the maintenance of double-books.  The records, which the courts present to the public in their online access systems, are not necessarily records that the courts themselves consider valid and effectual. However, the public is denied access to data, which the courts hold, and which would have permitted the public to distinguish between valid and invalid court records.

The current paper offers far-reaching conclusions: In civilized societies, where separation of the powers of the branches of government is established by law, and where no court is permitted to enact its own rules of operation, no court should be permitted to develop and implement its own electronic record system.

Previously, US-based journals in Human Rights, or Law and Technology refused to review papers on similar subjects. [2,3] Likewise, no US-based legal expert has agreed to opine on such matters on the record. [4,5,6]  In contrast,  similar papers were subjected to anonymous peer-review, accepted, published, and presented in Data Analytics, Data Mining, and Criminology conferences in recent years.

Two weeks after acceptance of the current paper by CYBERLAW 2013 through anonymous peer-review, the paper was “rejected” through a dubious procedure by a self-identified “volunteer” and “logistics” of the organizers, IARIA – the International Academy, Research, and Industry Association. [7] Concomitantly, the author, Dr Joseph Zernik, PhD, of Human Rights Alert (NGO), was invited by the same organization to participate in two discussion panels in the same conference.

Dr Zernik’s objection to the latest notice of rejection by IARIA noted that rejection through an ambiguous procedure of dubious authority was employed to overturn the acceptance through anonymous scholarly peer-review;  that the reasons, which are now provided for the rejection, are in part invalid, and in part ludicrous, and that conduct of IARIA amounts to effective censorship of novel, peer-reviewed reports, which detail large-scale fraud in the electronic records of the courts.

The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was in part based on analysis of the fraud in the electronic records of the Superior Court of California, County of Los Angeles, and the Los Angeles County Sheriff’s Department.  The submission was reviewed and incorporated into the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”

The CYBERLAW 2013 is planned as part of the 2013 submission by Human Rights Alert (NGO) for the Universal Periodic Review of Human Rights in the United States by the HRC.  Corruption of the courts in collusion with financial institutions and other large corporations is increasingly recognized as central factor in the abuse of Human Rights under the current socio-economic crisis in the United States. (see quotes below)

 

LINKS:

[1] 12-10-19 Invalid Electronic Record Systems of the State and Federal US Courts – Enablers of Human Rights Abuse and the Financial Crisis – CYBERLAW 2013 paper – peer-reviewed and accepted

http://www.scribd.com/doc/117040401/

[2] 10-09-09 Press Release: Harvard Law Dean Martha Minow, Board of Advisors of Harvard Civil Rights Civil Liberties Law Review Asked for Acknowledgement of Receipt of Paper Submitted to the Journal

http://www.scribd.com/doc/37198605/

[3] 10-09-08 Harvard, Yale Law Journals Refuse to Review Paper Documenting Corruption of the US Justice System

http://www.scribd.com/doc/37077401/

[4] 11-04-14 PRESS RELEASE: Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the US courts

http://www.scribd.com/doc/52993968/

[5] 10-04-25 Request and Refusal of Opinion Letter by Harvard Law School Dean Martha Minow in re: Alleged Fraud in PACER and CM/ECF

http://www.scribd.com/doc/30485286/

[6] 11-07-21 Asking Harvard Law Professor Elizabeth Warren to opine on evidence of large-scale fraud in the electronic records of the US courts

http://www.scribd.com/doc/60534491/

[7] 12-12-15 Correspondence with IARIA CYBRALAW 2013 re acceptance of paper documenting large-scale fraud in the electronic records of the California, US courts

http://www.scribd.com/doc/117040512/

_____________

Joseph Zernik, PhD

< josephzernik@humanrightsalertngo.org>

Sent from “1984”, Iceland-based Internet Service Provider

_____________

Human Rights Alert (NGO)   
* United States – the 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”

[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”

http://www.scribd.com/doc/38566837/

* State of Israel  – the 2012 submission of Human Rights Alert to the HRC, titled, “Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel’, is scheduled for review in January 2013.

[1] 12-06-04 Human Right Alert’s Submission;  2013 UPR of the State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel

http://www.scribd.com/doc/92826212/

[2] 12-05-10 Appendix I to Human Right Alert’s Submission; 15th UPR – State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israe

http://www.scribd.com/doc/108663259/

[3] 12-07-18 Human Right Alert’s Appendix II to Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel  –  Additional Responses by National Authorities/Experts, Re: ComSign, LTD – sole certifier and hacker of the digital signatures of the State of Israel

http://www.scribd.com/doc/108662869/

_____

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____________________________

Occupy! 
11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// www.scribd.com/doc/75348301/12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) – key element in the current financial crisis
http://www.scribd.com/doc/96504009/Secede! The US in its current form is simply unmanageable…
12-01-01 Secession – A Smart Business Move!
http://www.scribd.com/doc/76877453/Get Up, stand up, stand up for your rights! _____________________________
Take away justice, then, and what are governments but great bandit bands?
Saint Augustine, Civitas Dei (City of God,4.4) 
_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
*  “I think it’s difficult to find a fraud of this size on the U.S. court system in U.S. history,” said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. “I can’t think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases.” Reuters (Jan 22, 2012)
http://www.scribd.com/doc/79572282/* “Foreclosure fraud: The homeowner nightmares continue” CNN (April 7, 2011)
About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013” Bloomberg (January 2011)
* “…a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences.” Prof Paul Krugman, MIT (2011)
http://www.scribd.com/doc/50753639/_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* “…judges tried and sentenced a staggering number of people for crimes they did not commit.” 
Prof David Burcham, Dean, Loyola Law School, LA (2001) 
http://www.scribd.com/doc/29043589/
* “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.”   Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) 
http://www.scribd.com/doc/27433920/* “Innocent people remain in prison”
* “…the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of…” LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306 /_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* “…corruption of the courts and the legal profession and discrimination by law enforcement in California.”  United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/38566837/_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* “On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations.”  Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert 
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?
* “What goes on there is more like gulags of centuries ago.” ACLU
http://www.scribd.com/doc/72546279/_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* “More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning “mandatory and enforceable” ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by “recent media reports,” the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others.” More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) 
http://www.scribd.com/doc/49586436/_____________________________
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM? 
* “The American legal system has been corrupted almost beyond recognition…”  Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/50137887/_____________________________
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a “Truth and Reconciliation Commission” on the US Department of Justice. Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/38472251/____________________________

 

About arnierosner

As an American I advocate a republic form of government, self-reliance, and adherence to the basic philosophy of the founding fathers and the founding documents, I ONLY respect those who respect and "HONOR" their honor. No exceptions!
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1 Response to California, US courts’ – Large-scale fraud

  1. Pingback: Sorry…You can’t handle this…We know better than you! | Scanned Retina Blog

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