The favor of a response within 10 business days was requeted.
David Pasternak, Esq
Pasternak, Pasternak, Patton, LLP
By email
By email
I am writing to kindly request that you withdraw the November 24, 2009 Declaration and Proposed Order [ii], [iii] and December 18, 2009 Declaration[iv] forwarded by you, via USPS first class mail to my La Verne PO box. Both declarations were false and deliberately misleading, including evidence of more predicated acts than were required for conviction for racketeering, pursuant to RICO - Racketeer Influenced and Corrupt Organizations Act 18 USC 1961-1968.
I am also writing to again urge you to resign from any position in public or private legal organizations, including - in particular - your service as Treasurer of the Chancery Club, and any position that you may hold in Bet Tzedek.[v] You ought to be considered a disgrace to any self-respecting, law-abiding legal organization.
Your declarations, referenced above, were replete with false and deliberately misleading court orders and judgments, which were fraud on their faces - none included authentication. Yet, you falsely represented them as valid and effectual (see details below).
Your declaration should be particularly noted by law enforcement and banking regulators, given the evidence provided in them for collusion in alleged racketeering by large and small financial institutions, as detailed below. Of particular concern was the part of Bank of America Corporation in this matter – recipient of some $200 billions in bailout funds in the past year and a half. The alleged criminality of Bank of America Corporation was almost exclusively through its Bank of America Home Loans subsidiary (formerly – Countrywide) and Sandor Samuels – Associate General Counsel (formerly – Chief Legal Officer of Countrywide Financial Corporation). To this date Bank of America Corporation failed to respond on complaint pending before Office of the Comptroller of the Currency in this matter (Case #00971981). The facts detailed below, and failure of law-enforcement, SEC, and banking regulators to act in the past three years, raise serious concerns regarding the standing of the US as good faith party to the Basel Accords.
A) In his most recent declaration David Pasternak still failed to address the fundamentals of the fraud in his conduct in court, as opined by decorated FBI agent fraud expert
1) Although you designated yourself as "Receiver" in both Declarations, you failed to ever list any Section of the Code that provided the legal foundation for such designation or such authority.
2) Although you purported to act to enforce a judgment - no Judgment record was ever included in your records. The reason was obvious - there was never any honest valid and effectual judgment in the case, which to this date was listed as "Pending".
3) You failed to address my primary claim - that you never held an entered, honest, valid, and effectual Appointment Order. Yet – you continued to hold yourself out to be a "Receiver". However, you again included false and deliberately misleading, invalid, ineffectual papers, misrepresenting them as valid and effectual court records. [vi], [vii]
4) You failed to address the opinion of James Wedick, FBI veteran and fraud expert, who opined that your conduct amounted to "fraud being committed", and who recommenced that an "investigation be immediately instituted."[viii]
5) You again included in your papers a false and deliberately misleading "Indemnity Agreement", generated through collusion by you, Attorney Richard Ormond of Buchalter Nemer, and retired Judge Patricia Collins - to indemnify Mara Escrow Company, a subsidiary of Old Republic International (ORI) pertaining future criminalities. Absent such false agreement, the escrow company refused to collude in your conduct. [ix]
6) You included in your declarations as exhibits false and deliberately misleading records of the US District Court Los Angeles, with no authentication at all (no NEFs). You did so for a good reason - no NEFs were ever served with such orders, since they were false and deliberately misleading court records. [x], [xi], [xii], [xiii]
Therefore, let me repeat my statements clearly: Mr Pasternak - you engaged and continue to engage in a lawless conduct that had to be deem as racketeering upon review by a competent court of jurisdiction. You did so, not only in my case, but also in numerous other cases of real estate fraud by the Superior Court of California, County of Los Angeles. You ought to be deemed central to such cases of real estate fraud by the court, and you probably could claim the largest hand-on contribution to LA County being listed as #1 in the nation (one FBI agent claimed - "in the world") in real estate fraud cases for well over a decade.
B. The general scheme of the LA-JR - execution of false, orders and judgments, which were never entered and were never authenticated, and which the judges themselves deemed invalid.
The general scheme was claimed to be central to the conduct of the LA-JR (alleged LA Judiciary Racket) at the Superior Court of California County of Los Angeles, which failed to maintain in the past quarter century a public record that was a Book of Judgments (California index of judgments), as required by California Code. Furthermore, for the past quarter century the court maintained Local Rules, which were false and deliberately misleading - stating that Judgments were entered in a Book of Judgment kept in the Clerk's office as public records. The Presiding Judge and Clerk of the Court refused to disclose what were the true Local Rules of Court relative to entry of judgment, if any, even when explicitly asked. Likewise, they denied multiple requests that they initiate corrective actions relative to the false and deliberately misleading Local Rules routinely published by the court.
This overall scheme was enabled by the introduction of case management systems such as Sustain,[xiv] , [xv]around 1985. it was alleged that the introduction of Sustain generated the LA-JR in its current manifestation.
This overall scheme was enabled by the introduction of case management systems such as Sustain,[xiv] , [xv]around 1985. it was alleged that the introduction of Sustain generated the LA-JR in its current manifestation.
C. False imprisonment of Richard Fine was based on such false, unentered judgment - by Judge David Yaffe
Today, the most notorious example of the LA-JR scheme related to false entry of judgment involved the false imprisonment of 70 year old, former US prosecutor, anti judicial corruption activist Attorney Richard Fine. [xvi] Starting in 2001, he exposed and protested the then secret payments by Los Angeles County to all ~450 judges and >100 commissioners, to the tune of >$45,000 per judge, per year. Such payments were ruled in October 2008 "not permitted". The matter prompted the signing on February 20, 2009 of pardons for all judges by the Governor of California.
Less than two weeks later, on March 4, 2009, in open court, Richard Fine was taken by the Sheriff Department Warrant Detail - albeit - with no warrant at all, with no conviction and with no sentencing. He has been falsely held in a hospital room in Los Angeles men's jail ever since, although no claims were ever made of any illness that necessitated such false forced hospitalization. Richard Fine has been held by now for 9 months in solitary confinement - "off the record" and 'off the inmate count".[xvii]
D. Elements of racketeering by David Pasternak, the LA-JR, and others in Samaan v Zernik
D. Elements of racketeering by David Pasternak, the LA-JR, and others in Samaan v Zernik
The evidence for the alleged racketeering was overwhelming. It was overviewed below per standards of (1) Conduct (2) of and Enterprise (3) in a Pattern, and (4) of Racketeering Activity.
1) CONDUCT here involved continuous activity of David Pasternak and others not only in Samaan v Zernik (SC087400) and Galdjie v Darwish (SC052737) but also in numerous other cases identified through a search in the office of Registrar/Recorder. The conduct involved an organized group of judges, clerks, and sheriff department personnel, on the one hand, and financial institutions and attorneys on the others. It reflected what was described in official reports as "[sub]cult of criminality" tolerated in the ranks of LA County justice system.[xviii]
a)Corporations and Financial Institutions:
In Samaan v Zernik the following corporation and financial insinuations were involved:
In Samaan v Zernik the following corporation and financial insinuations were involved:
i) Countrywide Financial Corporation - prior to July 1, 2008. The conduct of Countrywide Financial Corporation allowed Dr Joseph Zernik to file already in January 2007 a detailed complaint with FBI Los Angeles, describing the conduct of the Legal Department, headed by Sandor Samuels as a corrupt organization. Moreover, already then Dr Zernik described in detail the large-scale fraud on share holders and the US Government in the design and operation of EDGE – the underwriting case management system.
In Samaan v Zernik Countrywide initiated in July 2007 the false employment of Bryan Cave, LLP as a false outside counsel. The scheme was described in details and was rebuked by the Hon Jeff Bohm in his Memorandum Opinion in March 2008.[xix][1]
i) Bank of America Corporation - after July 1, 2008 Countrywide, now Bank of America Home Loans, continued the fraudulent scheme – to this date – of false employment of Bryan Cave, LLP as a false outside counsel. However, the office of General Counsel in Charlotte, North Carolina, routinely informed Dr Zernik that Bryan Cave, LLP was NOT authorized to appear or represent Bank of America Corporation. Yet – Bank of America Corporation never stopped such appearances, in disregard of multiple notices.
Involvement of Bank of America Corporation in what was claimed to amount to racketeering must be deemed particularly serious. Bank of America Corporation was the recipient of some $200 billions in bailout funds in the past year and a half. US Government made repeated representations that it “shore up” banking regulation. Regardless of numerous complaints to FBI, Thrift Supervision, Federal Trade Commission, and SEC, no law enforcement agency ever took any steps to bring racketeering by Bank of America Corporation to an end.
Complaint is currently pending before Office of the Comptroller of the Currency, Case #00971981, but Bank of America Corporation simply ignored the time frames prescribed by law, and never responded to the complaint at all. OCC never made any attempt to enforce the law so far either.
Complaint is presumably pending before SEC.
Complaint is said to be pending before the Inspector General of the US Department of Justice.
ii) Mara Escrow Company - a subsidiary of Old Republic International (ORI) – the Beverly Hills based escrow company engaged in various falsifications of records, and participated – through Buchalter Nemer in false proceedings to issue a false and deliberately misleading Indemnity Agreement for future criminalities.
iii) Union Bank – a national bank colluded in the alleged criminalities. Complaint is pending before OCC.
iv) USC Credit Union – colluded in alleged criminalities in November-December 2007. In response to requests for explanations, it produced in 2008-09 a series of false and deliberately misleading record – by its president, purporting to be “Custodian of Records”.
v) United Title – was central to the alleged criminalities.
It should be noted that such corporation involved in monetary transactions with Attorney David Pasternak, which must be deemed upon review money laundering.
b) Judges: [xx]
In Samaan v Zernik alone, more than 10 judges of the Los Angeles Superior Court were involved, none with an Appointment Order, including, but not limited to:
In Samaan v Zernik alone, more than 10 judges of the Los Angeles Superior Court were involved, none with an Appointment Order, including, but not limited to:
i) Judge Jacqueline Connor - was central to the alleged racketeering scheme. She was best remembered for her close ties to Rafael Perez and the Rampart CRASH officers prior to the Rampart Scandal (1998-2000), and her alleged perversion of justice in the First Rampart Trial -2000).[xxi] Her conduct, was the cause of the ongoing false imprisonment in Los Angeles County, for over a decade, of many thousands of Rampart-FIPs (Falsely Imprisoned Persons). [xxii] A person reviewing the matter as a whole would most likely conclude that she was and is the central figure of the LA-JR.
ii) Judge John Segal - best remembered for conducting a "bench trial" - with his identity concealed in the Register of Actions as "Muni Judge" in 2002 - to deprive Ms Barbara Darwish of property).
iii) Judge Terry Friedman - Bet Tzedek friend.
iv) Judge Richard A Stone - the most recent addition to the list of judges who agree to engage in racketeering.
The Clerk of the Court - John A Clarke, and Counsel of the Court - Frederick Bennett must be deemed central to the LA-JR as well. It should be noted that LA Superior Court involved in monetary transactions with Attorney David Pasternak, which must be deemed upon review money laundering.
Racketeering of the LA-JR in Samaan v Zernik was aided and abetted by the US District Court Los Angeles, in this case and others:
i) Magistrate Carla Woehrle – one should also note her central role in alleged racketeering in re: habeas corpus petition of Richard Fine.
ii) Judge Virginia Phillips
The Clerk of the Court - Terry Nafisi was central to the issuance of invalid orders and judgments, in this case and others. The court collected fees, and allegedly violated implied guarantee for honest services.
c) White Collar Crime Figures:
Others involved included White Collar Crime figures, including, but not limited to:
Others involved included White Collar Crime figures, including, but not limited to:
i) Jae Arre Lloyd (formerly Timothy Lloyd Morrow) - a convicted while collar crime felon, who doubled as a Countrywide "loan originator", and who continues to hold himself out as a "Loan Consultant", or even a "Lender" and to operate a branch of a loan brokerage in Beverly Hills to this date.[xxiii], [xxiv]
d) Attorneys and Law-Firms:
Numerous attorneys were involved - first and foremost among them - attorneys from the offices of:
Numerous attorneys were involved - first and foremost among them - attorneys from the offices of:
i) Sheppard Mullin – the role of Sheppard Mullin was particularly of concern, since Presiding Judge Charles McCoy, a former partner in the firm, was routinely informed for over two years, of the alleged racketeering by his former law firm, but refused to initiate any corrective actions.
ii) Bryan Cave, LLP – was central to alleged racketeering in this case, through false employment as false outside counsel first by Countrywide and later by Bank of America Corporation. The firm’s headquarters in St Louis MI were routinely informed. The only response received was that the matter was reviewed by the Risk Reduction Committee. [xxv]
iii) Buchalter Nemer - represented both Mara Escrow and ADR in various alleged criminalities, including, but not limited an incognito appearance on December 7, 2007, where Attorney Richard Ormond appeared before Judge Lisa Hart-Cole, but both the attorney and the judge refused to disclose his name, and identity of his client.
2) ENTERPRISE was characterized by the use of the court setting for conducting robbery under the guise of legitimate court actions, and at the same time intimidating and retaliating against a victim/informer/witness.
3) PATTERN - was in actions such as your numerous mailings and report, notices by clerks, and the compilation of false records into completely fraudulent court files, which in fact were never matters of the Superior Court of California, County of Los Angeles. The Presiding Judge and Clerk of the Court denied multiple requests over the past two years to certify any of the related cases.
4) RACKETEERING ACTIVITY was credibly evidenced - pertaining to of predicated acts per 18 USC 1961, including, but not limited to multiple instances of the following predicated acts per 18 USC 1961:
3) PATTERN - was in actions such as your numerous mailings and report, notices by clerks, and the compilation of false records into completely fraudulent court files, which in fact were never matters of the Superior Court of California, County of Los Angeles. The Presiding Judge and Clerk of the Court denied multiple requests over the past two years to certify any of the related cases.
4) RACKETEERING ACTIVITY was credibly evidenced - pertaining to of predicated acts per 18 USC 1961, including, but not limited to multiple instances of the following predicated acts per 18 USC 1961:
a) Related to robbery per state law – forcing Dr Joseph Zernik to vacate his residence under threat of force – unlawful but credible – followed by forced entry into the property by Attorney David Pasternak.
b) Mail fraud per 18 USC 1341 - including current declarations.
c) Wire Fraud per 18 USC 1343 – by Samaan, Lloyd, and Countrywide. By Pasternak relative to email communications.
d) Financial institution fraud 18 USC 1344 – by Countrywide and Bank of America Corporation, among others
e) Obstruction of justice 18 USC 1503 – by Bryan Cave, LLP and Bank of America Corporation
f) Retaliation against a witness, victim, or an informant 18 USC 1513 – by Bryan Cave, LLP and Bank of America Corporation.
g) Monetary transactions in property derived from specified unlawful activity 18 USC 1957 – by David Pasternak, Bryan Cave, LLP, Bank of America Corporation. LA Superior Court and others.
h) Deprivation of honest services by public officials 18 USC 1346 – by judges and clerks of LA Superior Court and US District Court LA
Mr Pasternak: You are again urged to withdraw your November 24, 2009 and December 18, 2009 Declarations, which must be deemed upon review as evidence of your racketeering activity. You are likewise urged to resign from the Chancery Club and Bet Tzedek. You ought to be deemed a disgrace for any law-abiding organization.
Dated: December 21, 2009
Dated: December 21, 2009
La Verne, County of Los Angeles, California Joseph H Zernik
By: ______________
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Fax: 801 998 0917
Email
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Fax: 801 998 0917
CC:
1. Basel Accords Committee - as additional evidence of failure of the US Government to act as a good faith party to the accords.
2. Kevin Bailey - Deputy Comptroller of the Currency, and US representative to the Basel Accords Committee, as an addendum to Case #00971981 against Bank of America Corporation, acknowledged October 6, 2009, where neither Bank of America Corporation, nor US Office of the Comptroller of the Currency provided responses within the time frames prescribed by law and regulations.
3. Glenn A Fine, Inspector General of the US Department of Justice, as an addendum to complaint against Kenneth Kaiser - Assistant Director of FBI, and Kenneth Melson - Director of the Office of Attorney General - for refusing to accord Equal Protection under the law to the 10 millions who reside in Los Angeles County, California, and for engaging in alleged fraud in responses to Congressional Inquiries in this regard, filed in August-September 2008 by the Honorable Dianne Feinstein - Senator, and the Honorable Dianne Watson - Congresswoman, on behalf of Joseph Zernik, Los Angeles County resident, who claimed that US Department of Justice tolerated for several decades widespread corruption of the judges of the Superior Court of California, County of Los Angeles, which amounted to racketeering by the LA-JR (Los Angeles Judiciary Racket).
4. Sandor Samuels - Associate General Counsel of Bank of America Corporation - as a request for his comments or corrections regarding statements alleging his criminality.
5. Charles McCoy - Presiding Judge,[xxvi] as a request for his comments/corrections regarding statements pertaining to collusion in crimes by the court and Sheppard Mullin - his former law-firm.
6. John A Clarke - Clerk of the Court, as a request for his comments/corrections regarding statements pertaining to collusion in crimes by the his office.
7. Jeff Modisett - Office Managing Partner - Bryan Cave, LLP - a white collar crime expert, and former Attorney General of the state of Indiana - as a request for his comments/corrections regarding statements pertaining to collusion in crimes by the court Countrywide and Bryan Cave, LLP.
8. Brian Moynihan - incoming CEO/President of Bank of America Corporation, as part of a notice pursuant to Sarbanes Oxley Act (2002) 307.
9. Mary Schapiro - SEC Chair - as an addendum for request for investigation by SEC Inspector General of the refusal of SEC in the past three years to enforce the law on Countrywide, and later - Bank of America Corporation, in disregard of overwhelming evidence of criminality by Sandor Samuels, holder of reporting duties pursuant to Sarbanes Oxley Act (2002).
10. Mitch Kamin - President of Bet Tzedek - as a request for his comments/corrections regarding statements pertaining to collusion of Bet Tzedek in crimes by Sandor Samuels, David Pasternak, and Terry Friedman. It was no longer clear whether Bet Tzedek was an organization committed to promotion of justice, a social club for racketeers, or perhaps a mixed-use organization.
11. Alejandro Mayorkas - former US Attorney for the Central District of California, as a request for his comments/corrections regarding statements previously made, that he engaged in engineering and/or execution of a large scale cover-up of the widespread corruption of the Superior Court of California, County of Los Angeles, during the Rampart Scandal (1998-2000) and its aftermath, particularly - in handling the linked cases of Rafael Perez and Jacqueline Connor. [21]
Footnotes and Linked Records:
[1] March 2008 Memorandum Opinion of the Hon Jeff Bohm in re: False outside counsel scheme of Countrywide.
[i] One should note that David Pasternak formerly served as President of the Bar Association of Los Angeles County.
[ii] November 24, 2009 perjurious Declaration under penalty of perjury by Mr David Pasternak, purporting to be "Receiver".
http://inproperinla.com/09-11-24-paternak-final-report-declaration-s.pdf
http://inproperinla.com/09-11-24-paternak-final-report-declaration-s.pdf
[iii] November 24, 2009 Proposed Order by by Mr David Pasternak, purporting to be "Receiver".
http://inproperinla.com/09-11-24-paternak-final-report-declaration-s.pdf
http://inproperinla.com/09-11-24-paternak-final-report-declaration-s.pdf
[iv] December 18, 2009 Declaration under penalty of perjury by Mr David Pasternak, purporting to be "Receiver".
http://inproperinla.com/09-12-18-pasternak-supplemental-declaratiion-s.pdf
http://inproperinla.com/09-12-18-pasternak-supplemental-declaratiion-s.pdf
[v] One should note that three key figured in the alleged racketeering - Sandor Samuels, Terry Friedman, and David Pasternak, served in senior positions at Bet Tzedek, and that critical part of the alleged racketeering was perpetrated through Bet Tzedek offices, where Mr Samuels purported to conduct a campaign against fraud, while engaging in fraud, retaliation, harassment, and intimidation, in his capacity of the Chair of the Board, in 2007.
http://inproperinla.com/07-06-20-bet-tzedek-web-page-with-samuels-before-letter.pdf
http://inproperinla.com/07-06-20-bet-tzedek-web-page-with-samuels-before-letter.pdf
[vi] False and deliberately misleading copies of papers appearing in Mr Pasternak's November 24, 2009 Motion and Declaration - misrepresented as valid and effectual Orders and Judgments, but none including any authentication at all:
BOOK MARKS
Of online record November 24, 2009 Notice of Motion and Declaration by Attorney David Pasternak
1. Face page
2. Notice of Motion Jan 5, 2010
3. Declaration dividing page
4. P&A dividing page
5. Exhibit 1 -purported November 9, 2007 Order appointing Pasternak receiver -by Judge John Segal - with no authentication.
6. Exhibit 2 - purported November 21, 2007 Order to sheriff by Judge John Segal - with no authentication.
7. Exhibit 3 - purported order striking disqualifications and answer and recusal - of John Segal - with no authentication.
8. Exhibit 4 - purported December 7, 2007 Minute Order by Lisa Hart Cole- recusal - unsigned, stamped "RECEIVED.", no clerk signature, "disposed" - in the Sustain.
9. Exhibit 5 - purported Order including Indemnity for future criminalities, by Judge Patricia Collins, Stamped "CONFORMED" but with no clerk signature, no authentication, invalidated in Register of Action.
10. Exhibit 6 - - purported December 7, 2007 Indemnity Agreement-for Mara Escrow - future criminalities, not signed by other parties, only by Pasternak.
11. Exhibit 7- purported December 17, 2007 Seller's Closing Statement.-by Liz Cohen - Mara Escrow - unsigned.
12. Exhibit 8 - purported January 11, 2008 - Receiver's disclosure regarding relationship wiht Sandor Samuels relationship - with no authentication.
13. Exhibit 9 - purported January 11, 2008 order Striking Disqualification and Answer - no authentication.
14. Exhibit 12, 2008 July 28, 2008 Notice to Judge Terry Friedman to cease and desist racketeering - by Joseph Zernik. with no authentication.
15. Exhibit 13 - December 5, 2008 Letter by Joseph Zernik to Bet Tzedek Directors.
16. Exhibit 14 - purported July 29, 2008 - Order re Payment of Parties consequential damages, etc. by Terry Friedman - Stamped "RECEIVED" no authentication.
17. Exhibit 15 - purported November 12, 2008 - letter by Bryan Cave, LLP for NON PARTY Countrywide - re Violation of non existent Protective Order. Missing signature box of Counsel, signed with no designation at all by "Your truly Jenna Moldawsky" - at time that Bank of America Corporation clearly stated that Bryan Cave had no authorization to represent Bank of America.
18. Exhibit 16 - Purported November 19, 2008 Letter from Bran Cave, LLP for NON PARTY Countrywide - stamped "RECEIVED", by "yours truly Jenna Moldawsky". - at at time that Bank of America Corporation clearly stated that Bryan Cave had no authorization to represent Bank of America. AND November 12, 2008- email notice of racketeering by Joseph Zernik
19. Exhibit 17 - Purported January 13, 2009 Proposed Order [sic]-, Sanctions etc signed by Terry Friedman - no authentication, for Countrywide - at Bryan Cave LLP request, at a time that Bank of America office of General Counsel stated that Bryan Cave LLP was NOT authorized as outside counsel.,
20. Exhibit 18 - Purported February 3, 2009 Letter by Brian Cave, LLP, on behalf of Bank of America, at a time that Bank of America stated that Bryan Cave, LLP was NOT authorized as outside counsel. Signed by "Yours truly Jenna Moldawsky with no designation or identification as an attorney.
21. Exhibit 19 - Purported Feb 13, 2009 Order for payment of $19,619 to Christopher Olsen - not a party - signed by Terry Friedman, no authentication..
22. Exhibit 20 - February 17, 2009 Judgment of Contempt, at Bryan Cave, LLP request, on behalf of Bank of America, while Bank of America stated that Bryan Cave, LLP was NOT authorized as outside counsel. No authentication.
23. Exhibit 21 - Dismissal Order claiming default - Appeal - by Presiding Judge PJ Turner - California Court of Appeals, 2nd District tried to coerce running of appeal from an unentered judgment.
24. Exhibit 22 - Purported March 21, 2008 - unauthenticated order by Judge Virginia Phillips, denying any constitutional right for unbiased judge.
25. Exhibit 23 - Purported March 31, 2009 unauthenticated Report and Recommendation by magistrate Carla Woehrle. no NEF.
26. Exhibit 24 - Purported April 24, 2009 - unauthenticated Order by US Judge Virginia Phillips - no NEF.
27. Exhibit 25 - Purported April 24, 2009 Judgment by US Judge Virginia Phillips - with no NEF.
28. Exhibit 26 - Purported July 7, accounting statement by David Pasternak - unsigned.
29. Exhibit 27 - September 20, 2009 Notice by email of Joseph Zernik of fraud and deception - in Orders lacking authentication by David Pasternak and Judge Terry Friedman.
30. Exhibit 28 - Purported November 17, 2009 Accounting statement by David Pasternak - unsigned.
31. Proof of service of Notice and motion for January 5, 2010 - Listing Bryan Cave, LLP as counsel for non-existent NON PARTY Countryside Home Loans, INC.
32. Mailing envelope - post marked Nov 25, 2009
http://inproperinla.com/09-11-24-paternak-final-report-declaration-s.pdf
6. Exhibit 2 - purported November 21, 2007 Order to sheriff by Judge John Segal - with no authentication.
7. Exhibit 3 - purported order striking disqualifications and answer and recusal - of John Segal - with no authentication.
8. Exhibit 4 - purported December 7, 2007 Minute Order by Lisa Hart Cole- recusal - unsigned, stamped "RECEIVED.", no clerk signature, "disposed" - in the Sustain.
9. Exhibit 5 - purported Order including Indemnity for future criminalities, by Judge Patricia Collins, Stamped "CONFORMED" but with no clerk signature, no authentication, invalidated in Register of Action.
10. Exhibit 6 - - purported December 7, 2007 Indemnity Agreement-for Mara Escrow - future criminalities, not signed by other parties, only by Pasternak.
11. Exhibit 7- purported December 17, 2007 Seller's Closing Statement.-by Liz Cohen - Mara Escrow - unsigned.
12. Exhibit 8 - purported January 11, 2008 - Receiver's disclosure regarding relationship wiht Sandor Samuels relationship - with no authentication.
13. Exhibit 9 - purported January 11, 2008 order Striking Disqualification and Answer - no authentication.
14. Exhibit 12, 2008 July 28, 2008 Notice to Judge Terry Friedman to cease and desist racketeering - by Joseph Zernik. with no authentication.
15. Exhibit 13 - December 5, 2008 Letter by Joseph Zernik to Bet Tzedek Directors.
16. Exhibit 14 - purported July 29, 2008 - Order re Payment of Parties consequential damages, etc. by Terry Friedman - Stamped "RECEIVED" no authentication.
17. Exhibit 15 - purported November 12, 2008 - letter by Bryan Cave, LLP for NON PARTY Countrywide - re Violation of non existent Protective Order. Missing signature box of Counsel, signed with no designation at all by "Your truly Jenna Moldawsky" - at time that Bank of America Corporation clearly stated that Bryan Cave had no authorization to represent Bank of America.
18. Exhibit 16 - Purported November 19, 2008 Letter from Bran Cave, LLP for NON PARTY Countrywide - stamped "RECEIVED", by "yours truly Jenna Moldawsky". - at at time that Bank of America Corporation clearly stated that Bryan Cave had no authorization to represent Bank of America. AND November 12, 2008- email notice of racketeering by Joseph Zernik
19. Exhibit 17 - Purported January 13, 2009 Proposed Order [sic]-, Sanctions etc signed by Terry Friedman - no authentication, for Countrywide - at Bryan Cave LLP request, at a time that Bank of America office of General Counsel stated that Bryan Cave LLP was NOT authorized as outside counsel.,
20. Exhibit 18 - Purported February 3, 2009 Letter by Brian Cave, LLP, on behalf of Bank of America, at a time that Bank of America stated that Bryan Cave, LLP was NOT authorized as outside counsel. Signed by "Yours truly Jenna Moldawsky with no designation or identification as an attorney.
21. Exhibit 19 - Purported Feb 13, 2009 Order for payment of $19,619 to Christopher Olsen - not a party - signed by Terry Friedman, no authentication..
22. Exhibit 20 - February 17, 2009 Judgment of Contempt, at Bryan Cave, LLP request, on behalf of Bank of America, while Bank of America stated that Bryan Cave, LLP was NOT authorized as outside counsel. No authentication.
23. Exhibit 21 - Dismissal Order claiming default - Appeal - by Presiding Judge PJ Turner - California Court of Appeals, 2nd District tried to coerce running of appeal from an unentered judgment.
24. Exhibit 22 - Purported March 21, 2008 - unauthenticated order by Judge Virginia Phillips, denying any constitutional right for unbiased judge.
25. Exhibit 23 - Purported March 31, 2009 unauthenticated Report and Recommendation by magistrate Carla Woehrle. no NEF.
26. Exhibit 24 - Purported April 24, 2009 - unauthenticated Order by US Judge Virginia Phillips - no NEF.
27. Exhibit 25 - Purported April 24, 2009 Judgment by US Judge Virginia Phillips - with no NEF.
28. Exhibit 26 - Purported July 7, accounting statement by David Pasternak - unsigned.
29. Exhibit 27 - September 20, 2009 Notice by email of Joseph Zernik of fraud and deception - in Orders lacking authentication by David Pasternak and Judge Terry Friedman.
30. Exhibit 28 - Purported November 17, 2009 Accounting statement by David Pasternak - unsigned.
31. Proof of service of Notice and motion for January 5, 2010 - Listing Bryan Cave, LLP as counsel for non-existent NON PARTY Countryside Home Loans, INC.
32. Mailing envelope - post marked Nov 25, 2009
http://inproperinla.com/09-11-24-paternak-final-report-declaration-s.pdf
[vii] False and deliberately misleading copies of orders were previously generated, noticed, and filed by both Mr Pasternak and Sheppard Mullin, carrying false and deliberately misleading authentications, in collusion with the Office of the Clerk of the Court. Such copies showed an order dated November 9, 2007, with authentication dated October 26, 2007. Such cases of fraud in authentication were found as a common practice in other cases of the LA-JR, and were deemed the "fingerprints" of the LA-JR.
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-conformed-vol-ix-filed-by-keshavarzi-s.pdf
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-conformed-vol-ix-filed-by-pasternak-s.pdf
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-original-certified-from-usc-cu-united-title-s.pdf
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-original-vol-vii-filed-by-keshavarzi-s.pdf
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-conformed-vol-ix-filed-by-keshavarzi-s.pdf
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-conformed-vol-ix-filed-by-pasternak-s.pdf
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-original-certified-from-usc-cu-united-title-s.pdf
http://inproperinla.com/07-11-09-purported-order-appointing-pasternak-receiver+pos-original-vol-vii-filed-by-keshavarzi-s.pdf
[viii] Opinion letter of James Wedick, FBI veteran and fraud expert, decorated by US Congress, by US Attorney General, and by FBI Director, stated regarding Mr David Pasternak's conduct "fraud being committed", and recommended that an "investigation be immediately instituted".
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf
[ix] False and deliberately misleading "Indemnity Agreement", generated through collusion by Mr David Pasternak, Mr Richard Ormond of Buchalter Nemer, and retired Judge Patricia Collins - to indemnify Mara Escrow Company, a subsidiary of Old Republic International (ORI) against future criminalities. Otherwise, the escrow company refused to collude in Mr Pasternak's conduct. Included in November 24, 2009 Declaration as an exhibit #5
[x] False and deliberately misleading Report and Recommendation by Magistrate Carla Woehrle with no NEF at all: Included in November 24, 2009 Declaration as an Exh #23 – with no NEF at all.
[xi] False and deliberately misleading Minute Order, Order, and Judgment by Judge Virginia Phillips were included in the November 24, 2009 Declaration as as an exhibit #22, 24, 25 - all with no NEF at all.
[xii] The installation of PACER and CM/ECF, where access to the NEFs - the digital authentication instruments is denied to anybody but attorneys authorized by the court for a given case, was deemed the largest Shell Game Fraud in the history of mankind, a major abuse of the Human Rights of the American people by the US Government, and entirely lacking in authority in installation.
http://en.wikipedia.org/wiki/Notice_of_Electronic_Filing
http://en.wikipedia.org/wiki/Notice_of_Electronic_Filing
[xiii] One should note that while members of the LA-JR were careful not to engage in mail fraud - leaving that task to attorneys of "parties in interest", Magistrate Carla Woehrle, US Judge Virginia Phillips, and US Judge John Walter engaged in multiple counts of alleged mail fraud. The patter culminated in an alleged mail fraud and perversion of justice by Chief Judge of the US Court of Appeals, 9th Circuit, Alex Kozinski, in what was termed Kozinski Fraud - a false, unsigned order denying petition of falsely imprisoned Richard Fine, served on Richard Fine and on Joseph Zernik (party in interest) unsigned and with no authentication.
09-12-09 Quartet in concert- addendum to opinion filed with the House Judiciary Committee
What is: Kozinski Fraud, Kozinski Culture...
09-12-09 Quartet in concert- addendum to opinion filed with the House Judiciary Committee
What is: Kozinski Fraud, Kozinski Culture...
[xv] Regarding Sustain - product of a Daily Journal Company, and allegations of fraud in its design and operation, which is central to the LA-JR in its current manifestation:
http://inproperinla.com/09-12-18-req-chief-justice-george-comments-on-sustain-s.pdf
http://inproperinla.com/09-12-19-ronald-george-systems.pdf
http://inproperinla.com/09-12-18-req-chief-justice-george-comments-on-sustain-s.pdf
http://inproperinla.com/09-12-19-ronald-george-systems.pdf
[xvii] Detailed review of false records pertaining to the jailing of attorney Richard Fine:
[xviii] Blue Ribbon Review Panel report (2006) discussed a "subcult of criminality". However, in view of the number of judges involved, including the leadership of the court and the Clerk of the Court, one must conclude that it was and is a "cult of criminality", and "subcult" was an unreasonable diminution by 2006.
http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
[xx] Regarding judges of the Los Angeles Superior Court, legal scholars wrote the following:
judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?
we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.
David W. Burcham, and Catherine L. Fisk, Loyola Law School, Los Angeles, 2000)
http://inproperinla.com/00-00-00-rampart-loyola-sypmposium-2000-burcham-fisk-s.pdf
Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. This is conduct associated with the most repressive dictators and police states.
and judges must share responsibility when innocent people are convicted.
Chemerinsky 57 Guild Prac. 121 2000
http://inproperinla.com/00-00-00-rampart-reports-00-09-01-chemerinsky-57_guild_prac_121_2000.pdf
judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?
we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny. A law school, with its concern for all aspects of the justice system, is the obvious place for such an examination.
David W. Burcham, and Catherine L. Fisk, Loyola Law School, Los Angeles, 2000)
http://inproperinla.com/00-00-00-rampart-loyola-sypmposium-2000-burcham-fisk-s.pdf
Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. This is conduct associated with the most repressive dictators and police states.
and judges must share responsibility when innocent people are convicted.
Chemerinsky 57 Guild Prac. 121 2000
http://inproperinla.com/00-00-00-rampart-reports-00-09-01-chemerinsky-57_guild_prac_121_2000.pdf
[xxii] The Rampart FIPs:
[xxiii] Jae Arre Lloyd: I am informed and believe that conviction of Jae Arre Lloyd was related to the disappearance of ERISA funds of Sky line Funding Company. And yet, Jae Arre Lloyd is listed in some records as Skyline Funding agent of legal service to this date:
[xxiv] Jae Arre Lloyd continued to hold himself out as a Loan Consultant or Lender in Beverly Hill, California, to this date:
[xxv] One should note that John Amberg, Bryan Cave, LLP attorney who was directly involved in conduct that amounted to obstruction and perversion of justice, falsely appearing on behalf of Countrywide and Bank of America Corporation. albeit - with no authorization as Counsel of Record at all - formerly served as Chair of the Ethics and Professional Responsibility Committee of the Bar Association of Los Angeles County.
[xxvi] One should note that the former Presiding Judge of neighboring San Bernardino County was also tied in news reports to numerous real estate fraud cases by the Superior Court of California, County of San Bernardino. As was and is the case with the Superior Court of California, County of Los Angeles - there was no indication of any intention by US agencies to enforce the law in San Bernardino either.
http://inproperinla.com/09-09-11-former-san-bernardino-county-superior-court-presiding-judge-sustpect-of-real-estate-frauds-san-bernardino-county-sentinel.pdf
http://inproperinla.com/09-09-11-former-san-bernardino-county-superior-court-presiding-judge-sustpect-of-real-estate-frauds-san-bernardino-county-sentinel.pdf
Linked Records:
The complete record can be viewed at:
http://inproperinla.com/09-12-21-req-pasternak-withdraw-false-declaration-resign-from-organizations-s.pdf
II. The Usual
IN SHORT - KOZINSKI MUST RESIGN!
"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.
2 comments:
Received by email:
Hi Dr.Z
You don't think your tipping your hand to Pasternak a little more than he deserves, do you? How is this guy not in jail, especially, with all the evidence you've got on him? I know - The same way the judges aren't. What gets me, is the unpublished decision of the ninth circuit. It cracks me up, they think that if they don't publish their ridiculous, retardo-logic, decision that nobody will notice they don't know the law, and/or have committed the most blatant fraud, since the county supervisors misappropriation of funds. Ya know, I used to get annoyed, now I'm just amused.
Happy Holidays Dr. Z
Regards
K
Hi K:
Well, my message included all the evidence, and it was copied to law enforcement, they should perform their duties. However, I sent it primarily to a large distribution of attorneys in Los Angeles and beyond. I was trying to make sure that David Pasternak's reputation as a attorney who engaged in racketeering was cemented.
Judging by the number of "READ" responses that I received, it appeared that it served it purpose.
Happy holidays!
jz
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