09-11-22 More on what's wrong in PACER & CM/ECF - the NEFs -an essential Shell Game Fraud...

NEFs - or Notices of Electronic Filings

• The NEF's are the key evidence for the fraudulent intent in the design and implementation of the U.S. Courts' dual electronic Case Management Systems (CMSs) - PACER & CM/ECF.
• The NEFs are also the key evidence for the fraud in the ongoing False Imprisonment of Atty Richard Fine, and Real Estate Fraud on Joseph Zernik, both perpetrated by the LA-JR...
• The U.S. District Court, Los Angeles, colluded with the LA-JR in both cases.
• First - by perverting justice in litigations on these matters, both racketeered by Magistrate Carla Woehrle.
• Now - by denting access to inspect and to copy the NEFs of both cases - by Clerk of the Court Terry Nafisi...

(Lay person's parlance)

1) PACER

Is the public access system - any person is allowed to access court records, to inspect and to copy - for pay (inspection was never intended to cost you money).

2) CM/ECF

Is the case management system used by the court and those authorized by the court.

3) Can I be authorized by the court to use ECF?

Well, I don't know about you, but I know about me. I am not an attorney, and although in theory anybody could be authorized, I tried in several courts, and I was never able to be authorized.

4) What is the difference between the two systems?

A key difference between the two systems pertains to the NEFs. Those who have only PACER privileges are denied access to the NEFs, those who have CM/ECF privileges are permitted access to the NEFs.

5) What does an NEF look like?

Here is an example from the U.S. Court, Eastern District of California. [Red rectangles added - jz]

6) What is the significance of the NEF?

The NEFs replaced the traditional Proofs of Service by parties, or Certificate of Service by clerks. Therefore, they were the stamp of approval, which determined that a particular court record was valid and effectual. In short - today the NEFs are the instruments of Authentication, or Attestation by Clerk of court records.

7) How would you know that the NEF itself is valid?

In traditional proofs of service, one depended on the hand signature of the party or clerk. In the NEFs- one depends on the digital signatures, which were encrypted (RSA) in the NEFs as strings of characters and digits at the bottom of the page- here - framed by the red rectangles.

8) How would you know that the string of characters itself was valid and authentic?

Well, if you had doubts, you would go to the office of the Clerk of the Court, and compare the string that appeared in the record that you held to the string that appeared in the record held by the Clerk.

9) Where did you find this information? How could I know that you did not make it up?

The information was not readily accessible. However, you could find it in one of the standing orders of the courts, or in manuals. For example, in the Central District of California, Los Angeles, the information appeared in General Order 08-02 [1]:

In paragraph F., this Order defines signature for users of CM/ECF:

- - - - -F. “Electronic Signature” refers to the signature of an electronically filed

- - - - -document based on: (1) the CM/ECF User’s login and password and (2) the

- - - - -person’s representative signature, “/S/ – Name,” or a digitized personalized

- - - - -signature or facsimile signature on the signature line of the document.

It means that if you have a CM/ECF account, then the following is a valid signature on legal records:

- - - - -Dated: November 22, 2009- - - - - - - - - - - _/s/ Joseph H Zernik________

- - - - -Los Angeles, California- - - - - - - - - - - - - - -JOSEPH H ZERNIK

In paragraph 0.,(p17) the order says:

- - - - -O. Certification of Electronic Documents. Pursuant to Federal Rules of

- - - - -Civil Procedure 44(a)(1) and 44(c), the method of electronic certification described

- - - - -herein is deemed proof of an official court record maintained by the Clerk of Court.

- - - - -The NEF contains the date of electronic distribution and identification of the United

- - - - -States District Court for the Central District of California as the sender. An

- - - - -encrypted verification code appears in the electronic document stamp section of the

- - - - -NEF. The electronic document stamp shall be used for the purpose of confirming

- - - - -the authenticity of the transmission and associated document(s) with the Clerk of

- - - - -Court, as necessary. When a document has been electronically filed into CM/ECF,

- - - - -the official record is the electronic recording of the document kept in the custody of

- - - - -the Clerk of Court. The NEF provides certification that the associated document(s)

- - - - -is a true and correct copy of the original filed with the court.

One should notice that even in this paragraph, which held the critical information regarding "Authentication", the title was "Certification", and the two terms were mixed in the paragraph. The critical term "Authentication" appeared only once, almost in passing.

10) How would you know that this General Order 08-02 is valid and authentic itself?

That was a good question. In contrast with some other General Orders, this particular General Order stood out as invalid - it was not dated, it was not signed, and it was never authenticated by a clerk... There isn't even the name of who authored it... But it was posted with all the rest of the General Orders, and it was also referred to in Manuals of CM/ECF as a key Order in establishing the use of the system at the California Central District Court. Needless to say - conditions, such as described here as deemed false and deliberately misleading, and intended to create a vague and ambiguous court environment. In short - such courts were likely to be viewed upon review by International Human Rights Courts, as severe abuse of the Human Rights of the American People by it own government.

11) What does this story have to do with Chief Judge Alex Kozinski, with the False Imprisonment of Atty Richard Fine, and the Appeal that was now scheduled for a hearing?

When you check the Habeas Corpus Petition of Atty Richard Fine, reviewed at the U.S. District Court, LA - Fine v Sheriff (2:09-Cv-01914) - neither the Orders nor the June 12, 2009 Report and Recommendation[2], by Magistrate Carla Woehrle, and nor the June 29, 2009 Judgment [3] by Judge John Walter, show any NEF attached to them in PACER, or for that matter - any other type of authentication or attestation by the Clerk of the Court. I was also reliably informed in response to a specific question that I forwarded to Atty Richard Fine in jail, that none of the papers included an NEF.

In addition, I myself, had the exact same experience with Magistrate Carla Woehrle and Judge Virgina Phillips in 2008 in Zernik v Connor et al (2:08-cv-01550). It was a case of Real-Estate Fraud (robbery would probably be more fitting - there was no reliance, and there was threat of force) by the LA-JR, led by Judge Jacqueline Connor of the LA Superior Court. In both cases, Magistrate Carla Woehrle ran sham court actions to cover up crimes of the LA-JR. In one case - False Imprisonment by Judge David Yaffe, in the other - Real Estate Fraud led by Judge Jacqueline Connor.

Magistrate Carla Woehrle felt that she was permitted to issue false orders and recommendations - because they were neither valid, nor effectual. However, the recipient was in both these cases a PACER user, so the recipient could not verify the authenticity of the records. To me - it is a quintessential Shell- Game Fraud - the Old Flimflam, you knew that the records were false and deliberately misleading, but you couldn't see the proof - the court denied you the access to the evidence of the court's own criminality.

12) Did you try to ask the clerk of the U.S. District Court, LA? Isn't the Clerk responsible for keeping the records of the court, make sure that they were honest?

Oh, well, I tried for about 3 months to gain access to these records. By law, you don't even have to give advance notice. You just have to show up in the Clerk's office during business hours and ask to see court records. I corresponded with the Clerk for a couple of months [4]. If you had correspondence like that going on with a car dealership or a garage, you would probably say they were lying.

13) So what did you do then?

I finally decided on September 18, 2009 to just go there. I presented the Duty Clerk with a written request to access to NEFs in both cases - Atty Richard Fine's case, and also my case. In both cases the Duty Clerk simply refused to let me see the records. No explanation at all.

14) Do you think it is unique to the U.S. District Court in LA?

Not at all, I tested this issue in several U.S. District Courts, and also at the U.S. Court of Appeals, 9th Circuit. None of them would let me see the NEFs.

15) So what are you going to do now?

I am filing complaint with FBI against Magistrate Carla Woehrle and the Clerk Terry Nafisi - for collusion in False Imprisonment, for collusion in Real Estate Fraud, and for Misprision of Felonies. However, combined with the complaint on the LA-JR at the LA Superior Court, it is clear that this story is far above the heads of the local branch of FBI. That was what the Chief of the White Collar Squadron - Steven Goldman told me already last year. I would have to forward it also to the Justice Department in Washington DC. However - you have to remember that even there - Kenneth Kaiser - Assistant Director, FBI, adn Kenneth Melson, Director of U.S. Attorney Office - are part of the scheme. I have been there, done that last year.

16) It looks like PACER and CM/ECF were built for this kind of fraud...

That is exactly the problem... It looks like dual case management systems of the U.S. courts, PACER & CM/ECF- a major project of the federal government, were designed as be the biggest Shell Game Fraud in the history of Mankind, by the Judicial Branch of the U.S. government, on the American People, orchestrated by the Administrative Office of the U.S. Courts.

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Linked Records:

[1] General Order 08-02

http://inproperinla.com/00-00-00-us-dist-ct-a-pacer-cm-ecf-us-dist-ct-cacd-general-orders-08-02-authorizing-cm-ecf-digital-verification-of-attestation-in-nef.pdf

[2]

[3]

[4]

"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.