09-11-23 Letter to Prof Richard Posner, Univ of Chicago Law School

Prof Richard Posner

November 22, 2009

Dear Prof Posner:

RE: Kindly request to FBI - Complaint against Chief Judge, 9th Circuit, Alex Kozinski

I hoped that you would find at least some academic merit in this note, given your clerkship with the late Justice Brennan, who wrote:

"The basic principle of the Great Writ of habeas corpus is that, in a civilized society... if the imprisonment cannot be shown to conform with the fundamental requirements of law, the individual is entitled to his immediate release" . Fay v Noia 372 US 391 (1963) p399

Attorney Richard Fine, a 70 yo, former U.S. Prosecutor, anti judicial corruption activist, is held in solitary confinement in LA for over 7 months, with no warrant, with no sentencing/judgment, from litigation at the LA Superior Court - with no Register of Actions (California docket).
- -
In response to Ricahrd Fine's petition, Chief Judge Alex Kozinski served on Richard Fine and on me (as Party in Interest) a sham, false and deliberately misleading, unsigned court order denying the petition.

Under the watch of the 9th Circuit, we also have over 10,000 Rampart-FIPs (Falsely Imprisoned Persons), almost exclusively Black and Latinos, documented a decade ago as falsely convicted and falsely sentenced to long prison terms - still never freed. It is a Human Rights disgrace of historic proportions.

The case of Judge Kozinski, was in fact deemed as mail fraud, perversion of justice, and collusion with the LA-JR (alleged LA-Judiciary Racket). It was also a computer and internet fraud.

The case is not unique. The practice is structured in the implementation of PACER & CM/ECF - the dual systems of the U.S. courts, which replaced, with no authorization at all the traditional system of Proofs of Service, with automated response from the court's computer - the NEFs (notices of electronic filing). In principle, it could be a good idea, but the way it was implemented:
a) The NEFs were omitted from PACER - so that any person, who was not authorized for the particular court on CM/ECF, was denied access to critical court records that determined the validity and effect of court orders and judgments in any case. Two classes of persons were established in fact: (i)Those who were permitted to know which records were valid, and which ones were not, and (ii) Those who were deemed by the court unworthy of such knowledge.
b) It was never spelled out in FRCP or Criminal Procedures, neither in Rules of Court, it appeared in the various U.S. District Courts either in Manuals - with no legal effect, or in Standing Orders, themselves of dubious effect - you cannot view their NEFs either.
c) Judges and Clerks routinely posted in Pacer such orders and judgments, which were not deemed valid and effectual by the court itself. The posting of such records misled those who used Pacer to obtain such records.

Even an experienced attorney, like Richard Fine, in jail, did not catch the deceit:The only thing that at the end makes any court order valid, is the RSA string, that appears to most lay persons as nonsense, on the cover sheet of the order (NEF). The judges, on their part, feel that if they sent an invalid order (with no RSA string on the cover) then it could be anything they wanted. The recipient, on the other hand, believes that it is a real court order, and is left puzzled how the judges could make such gross error on the law...
In short - it is seen as a very large scale shell-game fraud.

Any response would be appreciated.

Respectfully,

Joe Zernik
P.S..
1) RE: YOUR NYT PIECE IN JUNE 2009 IN RE: BANKING REGULATION,
As seen here, it is not only banking regulators. The current crisis should be considered an "INTEGRITY CRISIS" - investors lost faith in the integrity of U.S. financial markets, U.S. regulators, and U.S. courts. The regulators can be seen as only following the example set by the conduct of U.S. Courts.

* The January 8, 2008 collapse of Countrywide (not by chance - LA based) was the outcome of publication in NYT of the "recreated letters" filed as evidence in Pittsburgh PA court, case of Borrower Hill (01-22574). It was not any news related to financial performance that undermined investor confidence.

* In March 5, 2008, Judge Jeff Bohm, case of Borrower Parsley (4-05-bk-90374), in Houston Texas, issued a 72 page Memorandum Opinion, describing fraud on the court in employment of outside counsel, who appeared while not counsel of record, with "no communications with client" clause in its engagement by Countrywide.

* In the same record also U.S. Trustee report is cited - of litigation practices of Countrywide across the country.
* In May 09 the visit of U.S. Treasury Secretary Tim Geithner to Beijing, as has become an annual ceremony in recent years - was aimed to obtain Chinese agreement to devalue the dollar. It was described as "difficult". Media reported that the Chinese were concerned regarding integrity of U.S. banking regulation...

* August 2009 The litigation of SEC v BAC (1:09-cv-06829) is yet another point in case. Throughout the litigation, which was supposed to demonstrate effective enforcement by SEC, the summons were never posted in Pacer. When I inquired with the clerk of the NYC U.S District court, he explained to me that their custom is not to post the summons. I pointed out that it was in direct opposition to FRCP and asked both the Clerk and counsel in the case to view the summons. Request was denied. To the best of my understanding (you cannot see any of the NEFs in Pacer, of course), none of the orders of Judge Jed Rakoff in this case was with a valid NEF.

* November 09 The litigation in US v UBS AG (09-Cr-60033) in Southern District of Florida is yet another case of this sort. Pretending to appear as enforcement by IRS on the Swiss banking institution, the records appears anything but that.

* November 09 in Los Angeles,California, Bank of America subsidiary Countrywide continues to this date the same practices in the Superior Court in Samaan v Zernik (SC087400).
- With support of the judges it has been employing Bryan Cave, LLP - not counsel of record - who has been appearing for 2.5 years, falsely designating Bank of America "Non Party". The court itself uses shifting designations by the date - "Defendant", "Plaintiff", "Cross-Defendant", "Intervenor", "Real Party in Interest", etc.
- Countrywide'Bank of America filed false banking records . http://inproperinla.com/09-04-17-list-of-six-key-records-for-bac-audit-committee-review-s.pdf
- Bank of America has refused to answer in any way, includign complaints to the Audit Committee, pursuant to Sarbanes Oxley Act (2002)
* When protection of civil rights was sought at the U.S. district court - Zernik v Connor et al (2:08-cv-01550):
- A false case number was issued, linking the case to an unrelated criminal litigation, and
- The court falsely refused to issue summons.
* When petition was filed to the U.S. Court of Appeals, 9th Cicuit, in re: Denial of Access to the Courts by refusal to issue summons - Zernik v US Dist Ct, LA (08-72714)
- The response was exactly the same as in the case of Richard Fine, verbatim, and
- The response was delivered in an unsigned order as well.,

* To this date, FBI could never find any reason to indict anybody in Countrywide,
* Countrywide legal department, headed by Sandor Samuels, was incorporated intact into Bank of America, with predictable results.

2) OTHER CRITIQUE OF THE DUAL SYSTEMS (PACER AND CM/ECF),
Can be found in my blog:http://inproperinla.blogspot.com/
The manner in which the system is operated today, is considered the largest shell game fraud in the history of mankind:

Joe Zernik
_____________________________________________
Complaint filed November 21, 2009 with FBI LA against Chief Judge, 9th Circuit Alex Kozinski

Date: Sat, 21 Nov 2009 12:20:54 -0800
To:
From: joseph zernik
Subject: Kindly request to FBI - Complaint against Alex Kozinski
Cc:
____________________________________________
To: FBI Field Office, Los Angeles, California
Kindly Request: Please accept this notice as a complaint against Chief Judge Alex Kozinski for serving on falsely imprisoned Richard Fine and on me an unsigned July 30, 2009 Order in Fine v Sheriff (09-71692) (Dkt #4), with no NEF - an invalid, ineffectual, false and deliberately misleading court record. He did so in disregard of my protest of such habits by judges (Dkt #2) in the very same docket.
Such mailing allegedly amounted to:

• Perversion of Justice
• Mail Fraud
• Willful Misconduct

Dated: November 21, 2009
Los Angeles County, California ____/s/ Joseph H Zernik____
JOSEPH H ZERNIK
PO Box 526, La Verne, California 91750
Tel: (323) 515-4583
Fax:(801) 998-0917

"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.