Date: Mon, 21 Sep 2009 16:27:10 -0700
To: jz12345@earthlink.net
From: joseph zernik
Subject: SEC v BAC (09-CV-06829-JSR) Request filed to disambiguate the nature of the proceedings, alleging racketeering by CFC and BAC
Cc: jz12345@earthlink.net
Bcc:
Concomitantly served and mailed for filing at the Court on September 21, 2009.
A. Paper filed as Pro Se Filer:
(1) Ex Parte Request for Leave to File as Party in Interest [1]
Pro Se Filer Joseph H Zernik, resident of Los Angeles County, California, files instant Request
following his notice to parties of intent to intervene....to allow him, and also the public at large,
clear and unambiguous perspective of the nature of proceedings in SEC v BAC (09-CV-06829-
JSR).
Instant litigation should be of interest to the public at home and abroad, in the midst of the
ongoing financial crisis, as integral part of U.S. regulatory system of financial institutions,
where doubts cast shadows relative to intentions of regulators and efficacy of the system as
a whole. Such shadows, in and of themselves counter the mission of regulation. Likewise,
any ambiguity, unintended and unnecessary as it may be, in the nature of instant
proceedings as viewed by the public at large, is likely to be harmful. Conversely
allowing Joseph H Zernik to file the attached paper as Party in Interest, as requested,
should help the Court in its cause of furtherance of justice.
...
Instant litigation should be of interest to the public at home and abroad, in the midst of the
ongoing financial crisis, as integral part of U.S. regulatory system of financial institutions,
where doubts cast shadows relative to intentions of regulators and efficacy of the system as
a whole. Such shadows, in and of themselves counter the mission of regulation. Likewise,
any ambiguity, unintended and unnecessary as it may be, in the nature of instant
proceedings as viewed by the public at large, is likely to be harmful.
B. Papers filed as [Proposed] Party in Interest:
(1) Request for Disambiguation - as an essential of Due Process of the Law [2]
Party in Interest Joseph H Zernik, resident of Los Angeles County, California, files instant
Request for disambiguation individually, and on behalf of all others similarly situated...
Pro Se Filer Joseph Zernik requests herein that the Court take actions as it deems fit to allow Party
in Interest, and the public at large, transparency into the nature of instant proceedings.
Summons was not docketed, and staff at the Clerks office informed Party in Interest that
such was the custom at the Court...
Notices of Electronic Filings (NEFs) deemed equivalent to Certificates of Service and/or
Attestations by Clerk, were inaccessible in PACER, as part of general configuration of PACER and
CM/ECF, that is herein alleged as questionable and requiring careful review by the courts...
The latest Memorandum Order (Dkt #22) by the Court, appeared in PACER with no stamp of the
Clerk on its face, no PACER blue security header imprint, and its NEF, if any, was inaccessible...
From public perspective, such docket and such online records leave the nature of proceedings in SEC
v BAC (09-CV-06829-JSR) vague and ambiguous.
(2) Request for Lenience as Pro Se Filer [3]
[Proposed] Party in Interest Joseph H Zernik, resident of Los Angeles County, California,
herein requests lenience - for his "inartful pleading" (Erickson v Pardus, 2007), such as
accorded by U.S. law to pro se filers. In particular, I am not qualified in assessing the
validity of legal theories. I ask the court to ignore any irrelevant or erroneous legal theory I
claim, and do take into consideration the facts themselves, as well as the claims, if they can
support some other valid theory (Haddoc 1985).
For such reasons routinely use was made of violations of the law without spelling
out the specific section. Similarly, Criminalities or Violations of the Penal Code, or
Predicated Acts were used - without spelling out the specific section of the code. Use of
Obstruction/Perversion/Corruption of Justice was in reference to any of the multiple ways
that judges, clerks, and large corporations can subvert the courts to generate the opposite of
furtherance of justice. Hardly any refer was made to specific violations of Civil Rights per
the Amendments, instead, such violations are considered as overlapping references made
to violations of Common Law rights to access court records to inspect and to copy, and
to violations of Human Rights per the Universal Declaration of Human Rights - ratified
International Law.
(3) Request for Incorporation by Reference [4]
...Such papers provide much of the evidence of alleged criminalities by
Countrywide Financial Corporation (CFC), and/or Bank of America Corporation (BAC), which
upon review should be deemed racketeering. Such papers describe the emergence of CFC as an
alleged corrupt organization on the background on lawlessness in LA County, California,
patronized by FBI and U.S. Dept of Justice for at least two decades...
The lawlessness tolerated by U.S. government in LA Country, was and is also associated with
Human Rights abuses of historic proportions the ongoing false holding of the Rampart-FIPs...
The two main cases that detailed the alleged criminal conduct of CFC and BAC against Party
in Interest Joseph H Zernik were (a) Zernik v Connor et al and (b) Zernik v Melson et al, albeit,
considerable part of the evidence filed also under (c) Borrower Parsley for reasons explained
below. Additional cases, demonstrated that Dr Zerniks allegations were nothing new. Conduct
that should be deemed racketeering by CFC in Courts across the U.S. was well documented in
cases such as (a) Borrower Hill. (b) Borrower Parsley, and (c) in a U.S. Trustee report, embedded
in case of Borrower Parsley, based on a full-year study of the conduct of CFC in courts across the
U.S.
Such papers stand in contrast with FBIs investigation of the sub-prime crisis, which led to no
indictments of senior management at CFC so far, and likewise to SECs refusal to enforce the
law at CFC and BAC, regardless of numerous complaints based on credible evidence of alleged
criminal conduct.
Furthermore, such papers demonstrated the approach of U.S. Courts so far,
regarding attempts to address wrongdoing by CFC and/or BAC. The dockets of cases such as
(a) Zernik v Connor et al, at the U.S. District Court, LA, as well as (b) Zernik v Melson et al, at
the U.S. District Court, Washington DC, were alleged as prime examples of fraud in operation
of PACER vs CM/ECF. To this date the Clerks of the respective courts deny access to inspect
and to copy the NEFs of the records it was assumed that no valid NEFs existed for any such
records, since no NEFs were ever served with papers by parties or by court.
The cases of (a) Fine v Sheriff Department of LA County, and (b) Fine v Bar Association
document the extreme extent to which alleged fraud in operation of PACER and CM/ECF was
advanced in LA County: Deprivation of property in the case of Party in Interest, Dr Zernik, and
deprivation of liberty in the case of Att Richard Fine, 70 yo, former U.S. Prosecutor, in solitary
confinement since March 4, 2009, based on purported judgment of LA Superior Court judge,
which is alleged as fraud on the face of the record.
(4) Notice of Affidavit of Joseph H Zernik [5]
[Proposed] Party in Interest Joseph H Zernik, resident of Los Angeles County, California,
herein files notice of Affidavit of Joseph H Zernik in re: Then Proposed Settlement, previously
submitted to the Court (Exhibit 1).
The Affidavit detailed much of the essential justification for the Request of Leave to
File, and the Request for Disambiguation, concomitantly filed with instant Notice.
Dated: September 21, 2009 Joseph H Zernik
By: ____/s/ Joseph H Zernik__________
JOSEPH H ZERNIK
Pro Se Filer
PO Box 286
Fax: 801 998 0917
E-Mail: jz12345@earthlink.net
The complete papers can be viewed at:
[1] http://inproperinla.com/00-00-00-us-dist-ct-ny-sec-v-bac-09-09-21-as-mailed-for-filing-a-1-req%20leave%20to%20file-s.pdf
[2] http://inproperinla.com/00-00-00-us-dist-ct-ny-sec-v-bac-09-09-21-as-mailed-for-filing-b-1-req-disambiguation-s.pdf
[3] http://inproperinla.com/00-00-00-us-dist-ct-ny-sec-v-bac-09-09-21-as-mailed-for-filing-b-2-req-lenience-s.pdf
[4] http://inproperinla.com/00-00-00-us-dist-ct-ny-sec-v-bac-09-09-21-as-mailed-for-filing-b-3-req-incorporation-s.pdf
[5] http://inproperinla.com/00-00-00-us-dist-ct-ny-sec-v-bac-09-09-21-as-mailed-for-filing-b-4-notice-of-affidavit-s.pdf
CC:
BAC - Audit Committee
BAC - Executive Committee
BAC - Holders of Reporting Duties
BAC - Independent Auditor
BAC - Analysts
Basel Committee - Switzerland
Chinese Embassy, Washington DC
Harvard Law Faculty
Stanford Law Faculty
U.S. Congress
CALLING UPON PRESIDENT OBAMA - FREE THE 10,000 RAMPART-FIPs (Falsely Imprisoned Persons), FREE ATTORNEY RICHARD I FINE http://www.thepetitionsite.com/1/restore-justice-in-l-a
References
1) Best short review of the Rampart scandal massive probe (1998-2000, 200 investigators), on how the Rampart-FIPs where falsely convicted and falsely sentenced - by renowned constitutional scholar, Founding Dean of Univ of Cal Irvine Law School, Prof Erwin Chemerinsky - paper from Guild Practitioner
http://inproperinla.com/00-00-00-rampart-reports-00-09-01-chemerinsky-57_guild_prac_121_2000.pdf
2) Best reference on why the Rampart-FIPs are still imprisoned - by an official panel of experts, commissioned by the LAPD itself, led by civil rights activist, Att Connie Rice - LAPD Blue Ribbon Report (2006) http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
3) One reference for our low, conservative estimate of 10,000, compared to an estimate of 8,000 by the LA District Attorney office, 15,000 by criminal defense attorneys, and 30,000 by others - PBS Frontline (2001, updated 2005) http://inproperinla.com/00-00-00-rampart-first-trial-01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf
4) Full Disclosure Network video of a phone call request for assistance by Att Richard I Fine from jail http://inproperinla.blogspot.com/
Joseph Zernik, DMD PhD , Fax: (801) 998-0917;
