09-12-01 What is: Kozinski fraud? Kozinski culture?

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Kozinski fraud
Kozinski fraud, named after Alex Kozinski, renowned Chief Judge of the U.S. court of appeals for the 9th circuit, often described as a brilliant jurist and a civil rights champion, referred to any fraud that followed the framework of the fraud he perpetrated in 2009 on Richard Isaac Fine in the latter's Fine v Sheriff (09-71692) petition. In such fraud litigants were misled to believe that they were parties to true court actions. In fact they were engaged in sham court actions, which were never deemed by the courts themselves as either valid or effectual. All court orders and judgments issued in such sham actions were a priori deemed by the courts as void, not voidable, but were falsely represented to parties as valid and effectual court papers. Inherent in Kozinski fraud was the reliance on CMSs (case management systems), such as PACER & CM/ECF, which were introduced in the U.S. Courts starting in the 1990's and ending in the 2000s. Such systems facilitated the practice of Kozinski fraud through concealment of records such as docket (court) public records - through the wrongful denial of the common law right to access court records - to inspect and to copy, re-affirmed by the U.S. supreme court in Nixon v Warner Communications, Inc (1978), where such right was re-affirmed, and also found as inherent, in its various facets, in the First, Fifth/Fourteens, and Sixth Amendments to the united states constitution. Particularly noted was the denial of access to NEFs (notices of electronic filings) - which would have provided the instantaneous evidence for the fraud. Therefore, shell game fraud, and confidence tricks were the more generalized fraud types that encompassed the Kozinski fraud.
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Kozinski culture
Kozinski Culture, named after Alex Kozinski, renowned Chief Judge of the U.S. court of appeals for the 9th Circuit, often described as a brilliant jurist, and a civil rights champion, referred to the deviant, well ingrained culture, prevalent among judges, clerks, and attorneys in the U.S. today, who perceived no wrong and no fault at all in routinely perpetrating Kozinski fraud on the American people. The Kozinski fraud was a common practice in the U.S. and it was documented in U.S. district courts and U.S. courts of appeals from coast to coast. Therefore, such culture affected deprivation of meaningful access to the courts and various other human rights. The routine practice of the Kozinski fraud was facilitated by CMSs (case managements systems) like PACER & CM/ECF, which were designed to facilitate such fraud by concealment and denial of access to court records. It was therefore claimed that the resulting court system was the largest shell game fraud in the history of mankind. It was also claimed to be serious abuse of the people's human rights by the judiciary, and also - by other branches of the federal government of the United States - which tolerated it. Keeping entirely silent about the high prevalence of the Kozinski fraud, and refusing to take any of the simple measures that could have easily curtailed it, were considered inherent parts of the Kozinski culture.

Long term consequences

The justice system in Los Angeles, California, where Alex Kozinski spent his formative years, was in the vanguard, and fraudulent CMSs were introduced there already around 1985. By 2009, the extreme outcomes could be seen in the cases of [links are to new Wikipedia entries, which passed initial review, but still need cleaning up, editing, comments are welcome]: (1) Richard Isaac Fine, and (2) Rampart-FIPs (falsely imprisoned persons).

Potential counter-measures

1) Scanning and flagging sham court actions

The Kozinski fraud could be identified by superficial quick review of PACER records. With minimal funds, such superficial review could be automated, to the point of identifying, with high confidence, Kozinski fraud cases in a small fraction of a second. Such scanning could be routinely conducted on open cases. High risk, or confirmed cases could then be noticed - by automated email messages to all involved, including the victims, while the sham litigations were still in progress. The significance of such analysis and such notices would be in undermining deniability of those involved - including judges and clerks. They were of course aware today as well, but they all colluded in such Kozinski fraud cases, since they were all part of the Kozinski culture, which saw no wrong and no offense in it at all, and kept it under a veil of silence. So did all the lawyers on such cases...

2) Truth and reconciliation commissions

In terms of institutional novelties, the one that could be most affective would be a truth and reconciliation commission, such as previously established to deal with conditions in South Africa, where Bishop Desmond Tutu - Nobel Peace Prize winner was the chief advocate, in Liberia, Peru, East Timor, South Korea, Solomon Islands, Sierra Leone, and more. Richard Fine was held as the natural candidate to head a U.S. Truth and Reconciliation Commission.