Friday, October 9, 2009

Beverly Hills Police Dept, La Verne Police Dept, Cal AG, SEC, FBI, U.S. Judge Richard Leon, 9th Justicee Alex Kozinski, and the Culture of Deceit

We are still on the letter "C" for Corruption, but below, what appears to be a stream of consciousness is in fact a disciplined attempt to move to "D" for Deception... As in FBI deceiving U.S. Congress and the people of the U.S.... As in judges deceiving from the bench... Financial institutions and their attorneys engaging in deception in court... The culture of deception...
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Disclaimer #1: I am not an attorney, not even by a long shot, and therefore, what I write must not be readas legal analysis
Disclaimer #2: The older I get the more I realize how clueless I am.
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The FBI stated numerous times its official policy regarding judicial corruption: They are definitely against it... Most of the times...
It all depends... Sometimes they actually protect and defend it... and nurture it... Below is a statement released in conjunction with the indictment of a former New York State Supreme Court Justice, in December 2008:
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. The felony indictment alleges that Thomas J. Spargo, 65, of East Berne, pressured an Ulster County
. attorney who had cases before him to give Spargo $10,000. The money, solicited in 2003, was
. intended to help defray Spargo's legal bills in connection with a state judicial panel's years-long
. effort to have him removed from the bench, records show.
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. The indictment further charges that Spargo solicited the money by causing the attorney to fear that
. Spargo would use his official acts and influence to harm the attorney if he was not paid and,
. conversely, to help the attorney if he was paid," states an FBI release announcing the indictment.
..
. This case should demonstrate that the FBI will pursue all allegations
. of judicial corruption vigorously, as public corruption violations are
. among the most serious of all criminal conduct and can tear at the
. fabric of a democratic society," said John F. Pikus, special agent in charge of
. the Albany division, in a prepared statement.
. . . . .. . . . .December 11, 2008, BRENDAN J. LYONS, TimesUnion.com

In February, 2009, FBI indicted 2 Pennsylvania Judges for false imprisonment of juveniles. We had it on a much larger scale in Los Angeles, California as well. It was called the Rampart -scandal (1998-2000). But here, not a single judge was indicted... It was claimed that the police were corrupt, and the judges were "duped". In fact, hardly any of the victims were freed, even after a 2-year, 200 investigator probe, that determined that practices that resulted in false convictions and false sentencing were commonplace. The number of the victims was estimated between 8,000 on the low side and 30,000 on the high side. My reading was that the total released today, was fewer than 200.
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But how do you know that there were any juveniles invovled? I can't see it written anywhere?
Well, that's really a good question. Because all involved simply forgot to write a report at the end of that massive investigation. And I would agree that the issue of juveniles was hardly even mentioned. However, it was a surprise to me as well, when I realized that the Consent Decree of 2001, which governed the LAPD until a couple of months ago, was in fact founded only on the abuse of juveniles and applicable only to juveniles. You could never get it from reading the reports, but the section of the code that was the basis for the whole agreement was only the section for abuse of rights of minors, not of adults!

But I still can't see how you got to the conclusion that the FBI and US DOJ, or anybody else defended and protected widespread corruption of judges in LA?
Well that direct conclusion was based on what happened a year ago. I tried for a while to gain protection from various law enforcement agencies. Because I knew that a group of judges, in collusion with a convicted felon who was also a "Loan Originator: for Countrywide, and people at Countrywide, were in the middle of running a major fraud scheme on me. It was not only the FBI... Let's start close to home...
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Beverly Hills Police... Tel: 310 550 4951. Detective Steve Seeger, Chief David Snowdon.
They would not accept a citizen's incident report from me during the whole of 2007. They claimed it was a "Business Dispute". I had documented and provided evidence of numrous types of forgery and adulterations of records, wire/fax fraud, forged prequalification letter, where NIVIE SAMAAN forged the loan broker signature...
So the Detective at Beverly Hills police said- And what if a guy writes a check in the garage from his wife's checkbook and signs in her name?
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Well, the broker was not her husband, and the forgery was meant to harm.
Later they refused to take an incident report claiming that my harm was not yet materialized... So basically, for a full year of 2007 I was a sitting duck, and no Local, State, or Federal agency would provide protection...
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And then, in 2008, after the harm was materialized, and I had expert opinion letter that Att DAVID PASTERNAK engaged in real estate fraud...Beverly Hill Police, would still not accept an incident report...
Why? The response was by Lt STEVE SEEGER - Head of the Detective Unit, but it was on behalf of DAVID SNOWDON, the Chief of Police. The only reason they stated then was : We have not changed our position from last year....
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I then appeared about a year ago before City Council, and asked that they direct the police to provide equal protection... I have the video.. I am not a movie star, for sure.. It took a couple of months, and finally the counsel for the city wrote some letter that gave no reason at all.
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About 2 weeks ago, I communicated with Lt STEVE SEEGER again:
What is the state of the matter? Finally Lt Steve Seeger, from the Detective Unit wrote: "The case is closed"
I was surprised, because I never knew that it was opened, so never knew it could be closed.
And why? Well he wrote that he did not have the time to repeat it all... but no crime took place in Beverly Hills... I made a fatal error in jurisdiction... The crimes took place in Santa Monica...
- Well, the property is in Beverly Hills, Att DAVID PASTERNAK engaged in forced entry and false possession in Beverly Hills, NIVIE SAMAAN, DAVID PASSTERNAK and MARA ESCROW engaged in transactions in Beverly Hills...
NO - it all happened in Santa Monica...
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Jerry Brown... 916 324 5437; The California Attorney General, and his right hand Tom Green:
At the end they had hundreds of pages of evidence. So they told me that Jerry Brown appointed his political right hand.. Att TOM GREEN to review the matter... and he even interviewed me by phone, for maybe an hour... And in the middle of it, it was clear to me that he was friendly with some of the judges that I claimed were racketeering. So I demanded that he provide a statement on the record of conflicts of intrest, if any, or else - that he recuse himself. He never made a sstatment on the record, and he refused to recuse himself, and he wrote a report that the whole thing was jsut a private matter, and that Jerry Brown should not get invovled in anything like that... He must still be his right hand...in the election campaign for governor..




So why is it the FBI and U.S. Dept of Justice
For a long time I was reading and searching for the answer for the evident disparity in enforcement between Los Angeles and most other parts of the country. In Los Angeles, where the evidence for widespread corruption of the judiciary is abundant, there was no evidence of enforcement in reports of the Public Integrity Section of U.S. Dept of Justice in the past 25 years!


[]

In July-September 2008, the Honorable Diane Watson - Congresswoman, and the Honorable Dianne Feinstein - Senator, issued Congressional Inquiries on FBI and U.S. Dept of Justice - Why they would not respond at all to complaints by Dr Joseph Zernik.

. . . . . . . . . . .
. . . . . . . Hon Dianne Feinstein . . Hon Diane Watson

The responses were provided by two senior U.S. officers, and these responses should be ruled upon review by a competent court as fraud by FBI and U.S. Dept of Justice on U.S. Congress. There is no way to explain the writing of KENNETH KAISER - Assistant Director of FBI, and KENNETH MELSON - Director of U.S. Department of Justice, other than patronizing the alleged organized corruption of the judiciary in Los Angeles County.
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How can I make such scandalous statements?
I don't think they are scandalous, I believe that any reasonable person who would be reasonably informed,would reach the same conclusions.
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Do I believe that they violated their oath of office of loyalty to the U.S. Constitution?
I think it is a no-brainer.
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Wait a minute - they must then be hold-over from the previous administration... How come they have not been replaced yet?
Well - that is a good question, and I have to speculate here - I would say that although we have a new president and a new Attorney General, the Obama Administration has so far failed to gain control of the Dept of Justice and FBI. They may have had a success at CIA, through the brilliant appointment of Leon Panetta, but they have to find his twin for FBI and U.S. Dept of Justice.


. . . . . . . , [] . . . . . []
. . . KENNETH KAISER . . . . . . . KENNETH MELSON US DOJ
. . . . FBI. . . . . . . . . US DEPARTMENT OF JUSTICE
. . Assistant Director, Director . . . `. . Director
. . . . Criminal Investigations
Fraud on U.S. Congress, and patronizing of alleged racketeering.

To test such heavy duty allegations, I indeed filed, on May 1, 2009 a complaint at the U.S. Court in Washington DC. In Zernik v Melson et al (1:2009cv00805 ) the causes of action included "to compel U.S. Officer to Perform His Duties", "False Claims Act", and "Civil RICO". The two senior U.S. Officers, above, were named Defendants. Other Defendant included also SEC and Samuel Bezek - for failure to enforce the law on Countrywide and Bank of America Corporation. During most of the period covered in the complaint, Linda Thompson was Head of Enforcement. more recently it was Robert Khuzami. I did not think that the change of person would chance the policy.
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1) SEC was named Defendant - for refusing to enforce the law at Countrywide and BAC.

February 2009: Discussion of SEC Enforcement with Prof Joseph Grundfest, former Commissioner OF sec
In February 2009 I discussed it with Prof Joseph Grundfest from Stanford Law School, former Commissioner of the SEC. He looked at some of my papers, and told me that he forwarded them directly to Linda Thompson. However, he gave me the disclaimer - that he had no authority with SEC at this time. I told him that my analysis of the situation was that BAC was offered and accepted as part of the merger with CFC the status of "Indemnity for Future Criminalities:". He dismissed it on the grounds that it would be outright illegal. However,the months that passed proved my claim a good fit with reality.
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Last December when BAC was involved in open court in Securities Fraud litigation, some financial commentators were shocked, that BAC allowed itself to get to such situation. Today, I lost the count of Securities Fraud that BAC is involved in... Nobody would take such risks unless they have assurances of "Indemnity for Future Criminalities"
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I never challenged the scholarship of Prof Grundfest, but the illegality of such future indemnities, never prevented their use - at least not in the circles that I end up having to watch...
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1) In February 2009, the California legislature passed a bill Bx2-11 that was illegal on its face on several counts, among them: it provided ex post facto pardons to all LA Superior Court judges, for alleged criminality in their past conduct - in taking payments that were ruled "not permitted". It also offered them "indemnity for future criminality" - by continuing to take payments that were "not permitted".
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2) On December 7, 2008, I was present in court, against my will, when Att DAVID PASTERNAK asked, and purportedly received from Judge Patricia Collins court approval for an Indemnity Agreement for Future Criminalities for MARA ESCROW, a subsidiary of the giant corporation OLD REPUBLIC TITLE INSURANCE. The title was explicitly - Indemnity Agreement, and it was set to cover future conduct by the escrow company. DAVID PASTERNAK was seeking their collusion in real-estate fraud, but the senior escrow officer, LIZ COHEN, refused to cooperate with him, after I discussed the matter with her. And MARA ESCROW was represented in this court appearance which was illegal on almost each item brought by Att PASTERNAK for court approval. The GRANT DEED - was later opined by decorated FBI veteran JAMES WEDICK as fraud, and the two gag orders, were obviously illegal, I simply ignored them.
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Most people in their right mind, and even attorneys, or legal scholars, or Law Professors would think that it would be illegal for Judge PATRICIA COLLINS to pronounce from the bench that she approved such Indemnity Agreement, and then on top of it to sign and date a written paper order to the same effect. Some people would even be misguided to call it criminality of the judiciary, or corruption of the courts. But in fact - it was none of it:

- I can guarantee that if the matter would be reviewed by the California Court of Appeals, 2nd District - pursuant to California Law - prohibition on future indemnities for criminalities- it would be found just fine.

- If the issue would be pursued, for example, at the U.S. District Court, LA - as "deprivation of civil rights under color of law" there would be some wimps who would recuse - but eventually it would fall in the lap of Magistrate CARLA WOEHRLE - and Judge PATRICIA COLLINS would do just fine...

- Moreover, if we still felt that it absolutely wrong, and went further - to the U.S. Court of Appeals, 9th Circuit, and our luck was that a brilliant jurist, by all accounts - ALEX KOZINSKI - was on the review panel for the petition - I can guarantee that he would rule it was the right thing for Judge PATRICIA COLLINS to do.

How could I engage in such speculations?

Well it was not so much speculation as much as educated guess. Because in fact FALSELY IMPRISONED ATT RICHARD FINE tested all of the options above, in a case that was much worse than approving false Indemnity Agreement.

Did ALEX KOZINSKI really review and approve the false imprisonment of Att RICHARD FINE?
Yes he did! Well... not really...
It's not that he wrote that Judge DAVID YAFFE was your poster=boy of honesty and decorum. He wrote that the case did not amount to such that would require the application of the extreme measure, which was intervention by the writ of mandate...

Is that really what ALEX KOZINSKI, the brilliant jurist, the civil rights champion, really write about the false imprisonment of Att RICHARD FINE, now going past half a year?
Yes he did! Well... not really....

. See full size image
.Robert Khuzami, Head
. . . . . . . . . . . . . . . . . SEC Enforcement

2) Bryan Cave, LLP - a major law firm was and is allegedly engaged in racketeering- to this date
Other Defendants, who were most directly perpetrating the alleged racketeering were from the giant international law firm of BRYAN CAVE, LLP, such as DON LENTS - Chair of the firm, and PETER VAN CLEVE - St Louis Office Manger.

See full size image ` See full size image See full size image
[] DON LENTS, CHAIR [] []
JENNA MOLDAWSKY . . . . . . JEFFREY MODISETT .JOHN AMBERG

The ones who actually perpetrated the alleged racketeering were attorneys from the Los Angeles office of Bryan Cave, LLP, JOHN AMBERG and JENNA MOLDAWSKY. JOHN AMBERG was the former Chair, LA County Bar Professional Responsibility and Ethics Committee and JENNA MOLDAWSKY engaged in the alleged racketeering almost fresh from law school at UCLA... I can certify, based on my own personal knowledge, that the expertise did not originate with either of these two.

So where did the expertise come from?

The office manager was JEFF MODISETT, former Indiana Attorney General, who was considered an expert on white collar crime defense. I do not doubt the expertise! I found from him the following quote:
  • "Financial crimes often seem to languish for a host of reasons, said Jeff Modisett, a former Indiana attorney general who specializes in white collar defense and investigations for St. Louis-based law firm Bryan Cave LLP. The evidence often doesn't immediately rise to the surface, as with violent crimes. Instead, lengthy, detailed investigations are usually needed, and those can be delayed by jurisdiction dispute, manpower shortages or other Modisett said. "Unless you have a squeaky wheel, it's not unusual for these types of crimes to take a long period to be fully investigated," he said.
In fact, BRYAN CAVE, LLP were retained in June 2007 to engage in obstruction/perversion/collusion of justice, and they have been active at it to this very date. However, in fact, I don't think the source of the expertise was Jeff Modisett at all, either. I believe that anybody who reviews the whole matter would conclude that it was SANDOR SAMUELS, former Chief Legal Officer of Countrywide, and today Associate Counsel at Bank of America Corporation. What they were and are doing is basically standard procedures of Countrywide across the U.S. In my opinion SANDOR SAMUELS is the central organized crime figure in the whole group from Countrywide, and the fact that he was allowed to move to BAC is in my analysis directly tied to the fact that BAC was vested with the Indemnity for Future Criminalities, and that now they did not hesitate to get into numerous securities fraud situations.
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The report from Texas showed the Countrywide typically used large, national law-firms for these jobs. If there was any expertise on the side of BRYAN CAVE, LLP, and JEFF MODISETT, I would say, it was in risk assessment. However, I assume that for anybody who practiced law in LA County for sometime, it was clear what the rules of the game are. The only attorney whom I retained who was not trained, got set straight within a week by Judge JACQUELINE CONNOR in a 10-15 minutes appearance. He came out of it transformed... clearly deeply scared. I later read her profile in the LA Times, written in relationship to her presiding in the First Rampart Trial. When you read these reports today, it is obvious that the reporters were reporting on corruption, although they were not explicit. The profile stated that attorneys who were grown men lean forward to hear her eviscerate them with her mumble... I later also received an anonymous letter from a criminal defense attorney, describing to me how she intimidated defense counsel if they try to stand for their clients rights. Then I found another anonymous report online, of exactly the same thing, but a different case, where the person describes how as a judge she was continuously trying to intimidate him by trying to get him to perjure himself, and scaring him all the time about it. In short - on the risk side, I would say there was none. If anything, it was a practice builder to collude with allegedly racketeering Judge JACQUELINE CONNOR, since she seemed to be a central figure to the whole operation - the MADRONE. Therefore, was expertise was required was in pricing - to charge Countrywide high enough a fee for such specialized services.
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They were retained in June 2007, to prevent me from ever getting to the point of obtaining from Countrywide or Bank of America Corporation a response on allegation of fraud, deceit, perversion of justice, and other offenses that amount in fact to racketeering. And given that they had full support of the judges of the LA Superior Court, on the one hand, and given the fact that no law enforcement agency is willing to provide equal protection, they were rather successful as well.
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The novelty in it all is probably the fact that now it is perpetrated for over a year under the name of Bank of America Corporation. In that - there is some novelty. I could actually track the process. I called a number of times from July to December 2008 the office of General Counsel of BAC. I talked with senior staff there. They all without hesitations, within seconds told me the same: Bryan Cave, LLP was not authorized to appear in court on behalf of Bank of America Corporation. The only one authorized, and the one I should communicate with was Todd Boock, In house counsel of Countrywide, now- BAC. It was simple, they asked me for my last name, they checked it up on their system, and they read to me the answer. Some also promised to send it to me in writing, but eventually none of them did. And during that period, from July 2007 to January 2009 Bryan Cave continued to appear in court on behalf of BAC, file false claims against me, etc. ask for judgment of contempt, etc.
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Then, when I called after January 2009, it was clear that some change took place. The same people would not give any straight answer anymore, and some even gave now deceptive responses. Later I figured out that the General Counsel Tim Mayopoulos was summarily dismissed in January 2009, in the middle of a negotiation meeting with Merrill Lynch, on the merger. He was escorted by security out of the building. Since then the Legal Deparment of BAC has slowly converted to closer and closer copy of the Legal Department in Countrywide, which I definitely believe would be found racketeering upon review.

3) FBI and US Dept of Justice were also named Defendants

What happened next i


s taken by me as a sign that someone felt very threatened...

Anonymous letter on Judge JACQUELINE CONNOR by a criminal defense attorney

Online report by witness on Judge JACQUELINE CONNOR

Complaint of Zernik v Melson et al

News report from New York, including the policy statement on judicial corruption:

Copies of the original reports of the Public Integrity Section can be viewed at:

Table compiling enforcement statistics demonstrates geographic biases in enforcement:

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