Sunday, October 11, 2009

09-10-11 Request for Judge David Yaffe - Please confirm the validity of papers filed under your name, but withouth your signature....

The records indicate that the arrest, on March 4, 2009, and the jailing, ever since, were conducted with no legal foundation, and that Att Richard I Fine is in fact being held "off the record" and "off the count" of persons held at the Twin Tower Jail. For the whole period of his jailing, Att Richard Fine was never held in the jail facility itself, where a formal count is conducted 3 times a day... Instead, he has been kept in isolation, in what is reported to be part of the jail hospital.
Twin Tower Jail - facade
The jailing is widely seen as retribution against Att Richard Fine, who was vocal and central in the efforts to expose and advertise the fact that ALL ~450 judges of LA County Superior Court secretly took for over a decade payments of about $45,000 per judge, per year, that were ruled by court "not permitted" and which were called by media "bribes".

FBI and U.S. Dept of Justice continue in their refusal to investigate evidence of widespread corruption in LA County, directly tied to the financial crisis and the LA County based - Countrywide Financial Corporation. Large body of credible evidence is available in re: conduct amounting to what would be deemed by court Racketeering by SANDOR SAMUELS - former Chief Legal Counsel, Countrywide, today - Associate General Counsel - Bank of America Corporation. Such alleged racketeering was and is directly related to the LA Superior Court and its judges.

Date: Sun, 11 Oct 2009 21:41:15 -0700 To: [redacted]
From: joseph zernik
Subject: Fine v Sheriff Dept of Los Angeles County (2:09-cv-01914) - Request for confirmation of the validity and effect of papers filed on behalf of Judge David Yaffe and the LA Superior Court in Response/Answer to the petition.

The Honorable David Yaffe
Superior Court of California
For the County of Los Angeles
By email to: [redacted]
By email to: [redacted]
By fax to: [redacted]

Time is of the essence! Timely response requested no later than October 13, 2009, 5:00pm

Dear Judge Yaffe:
,
My name is Joseph Zernik, and I am of the people of the United States, and of the people of Los Angeles County, California. In past months I have made numerous requests to Clerk of the Court, John A Clarke, to inspect and to copy court records, which are public records by law, pursuant to Nixon v Warner Communications, Inc, (1978). Clerk John A Clarke refused to allow access to such records, without exception, and with no reason at all. Of particular relevance to this letter was the refusal to allow access to records pertaining to Marina v LA County (BS109420) and the jailing of Att Richard I Fine, since March 4, 2009, in the Twin Tower Jail.
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Review of the records, overall, strongly suggests that the arrest and the jailing were conducted with no legal foundation, and that Att Richard I Fine is in fact being held "off the record" and "off the count" of persons jailed in the Twin Tower Jail.

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Twin-Tower Jail - cell rowes
I was repeatedly denied access to the Registers of Actions in Sustain, to the Index of All Cases in Sustain, and to the Book of Judgments in Sustain (if any exists). Moreover, none of these records was filed by attorneys for the LA Superior Court and for Judge David Yaffe in their Response/Answer to Richard Fine's Habeas Corpus Petition at the U.S District Court, Los Angeles, Fine v Sheriff Dept of Los Angeles County (2:09-cv-01914) ("the Petition"). Furthermore, key records that were filed - originated not from the court file, but from elsewhere, were not certified by the clerk, and were not authenticated in any reasonable manner.


Twin Tower Jail - entrance
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Therefore, under such unusual circumstances, I consider it only appropriate, for the furtherance of justice, that you would respond in person, directly, and clarify the matter. Surely you never intended to have a person jailed in violation of the law. Therefore, this notice also serves to ensure that you are reliably informed of such matter, and hoping that you initiate corrective actions as you deem fit:
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1) Under the Petition you were listed as a party: ...Att Kevin McCormick was listed as your counsel:...
Please confirm that Att Kevin McCormick appeared in the Petition as your Counsel of Record and was authorized you to file papers in your name in court under the caption of the Petition.
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2) On May 1, 2009, under the Petition, Att Kevin McCormick filed paper titled Answer, and/or Response (Dkt #15), copy of which can be viewed at the link below: ...
Please confirm that the May 1, 2009 Answer/Response (Dkt #15) was indeed filed with your authorization in your name.
...
6) With the Declaration (Dckt #16) Att McCormick filed records that pertained to litigation of Marina v LA County (BS109420), however, there is no evidence that such papers were ever part of court file, they were not certified by the clerk, and no Register of Actions was filed, which would have documented that such records were indeed part of the court file:
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a) Exhibit A: March 4, 2009 Judgment and Order or Contempt in re: Richard I Fine (Dkt #16-2), copy of which can be viewed in the link below Please confirm that the record in (Dkt #16-2) - March 4, 2009 Judgment and Order of Contempt in re: Richard I Fine, was indeed a judgment that was served, noticed, and entered, in the manner that a judgment must be entered pursuant to the California law in order to make the judgment effectual.
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Twin Tower jail - aerial view
b) Exhibit A: March 4, 2009 Remand Order (Dct #16-2), copy of which can be viewed in the link below. Please confirm that the record in (Dkt #16-2) - March 4, 2009 Remand Order, was indeed a Remand Order that was served, noticed, and entered, in the manner that a such order must be entered pursuant to the California law in order to make the order effectual.
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c) Exhibit B: March 27, 2008 - Order Striking Notice of Disqualification (Dkt #16-3) Please confirm that the record in (Dkt #16-3) - March 27, 2008 Order Striking Notice of Disqualification, was indeed an Order that was served, noticed, and entered, in the manner that a such order must be entered pursuant to the California law in order to make the order effectual.
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d) Exhibit D: March 4, 2009- Court Reporter's Transcript. Please confirm that the proceedings of March 4, 2009, recorded in teh Transcript, and judicial actions of that proceeding were indeed registered in the Register of Actions under the caption of Marina v LA County (BS109420), as an event that was completed, and as judicial actions, in a manner that would make them registered as a valid and effectual event and valid and effectual judicial actions in the Register of Actions in Sustain.
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7) Please confirm that the Register of Actions of the caption of Marina v LA County (BS109420), is indeed a Register of Actions that records a valid and effectual caption that is a matter that is litigated under the Superior Court of California, and that you presided and preside in such caption as a duly assigned judge of the Superior Court of California for the County of Los Angeles.
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8) Please confirm that the holding of Att Richard I Fine by the Los Angeles Sheriff Department conforms with the fundamentals of the law.
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Time is of the essence! Timely response requested no later than October 13, 2009, 5:00pm

Respectfully,
Dated: October 11, 2009
La Verne, Los Angeles County, California

_____/S/ Joseph Zernik______
Joseph H Zernik
PO Box 526,
La Verne,California 91750
Fax: 801 998-0917
E-Mail: jz12345@earthlink.net

The full letter can be viewed at:

09-10-11 Response to SEC in re: Refusal to provide a log of complaints agains BAC and Countrywide.

WE own the :"C" in Corruption... WE invented the original regional blend: Financial-institution-fraud - court-corruption cocktail...


October 11, 2009
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Leslie M. Garner, Attorney
Office of Investor Education and Advocacy
U.S. Securities and Exchange Commission
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RE: BANK OF AMERICA CORPORATION - Request for guidance from Federal Agencies in re:
Alleged financial institutions fraud, in view of the Fraud Enforcement and Recovery Act of
2009.
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Att Garner:
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I am writing to you as a shareholder in BAC, and also the victim of ongoing criminalities by BAC, which
upon review should be deemed as racketeering pursuant to RICO 18 USC 1961-8, and are
coordinated by SANDOR SAMUELS, former CHIEF LEGAL COUNSEL, COUNTRYWIDE, today -
ASSOCIATE GENERAL COUNSEL, BAC.
.
I find your response unsatisfactory, and less than honest. yet typical of the conduct of SEC and other
U.S agencies in re: COUNTRYWIDE, BANK OF AMERICA CORPORATION, and the current crisis. It
appears as a concerted effort to ensure that U.S. Congress and the American People would never
know the true origins of the current crisis. Moreover, it appears as setting the stage for yet another
crisis - at BAC, with the 10% limit on deposits removed, which may be disastrous.
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a) SEC HOLDS JURISDICTION OVER BAC - HOWEVER, EVIDENCE INDICATES FALSE
PRETENSE OF ENFORCEMENT
Your responses are evidence of SEC refusal to engage in enforcement against BAC. To the best of
my knowledge SEC does hold jurisdiction over BAC and COUNTRYWIDE. To whit - the recent
litigation of SEC v BAC (1:09-cv-06829) at the U.S. District Court in NYC. In fact, I consider that
litigation a show-trial, in an effort to create the false appearances of enforcement by SEC over BAC.
With that - it also provided evidence of alleged deceptive practices by SEC. SEC never even served
the summons during the whole litigation period. The Summons was not docketed, and attorneys for
SEC refused my repeated requests to provide a copy of such key litigation record, which by law
(FRCP) was a public record and had to appear on the docket.
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b) SEC IS ALLEGED TO MAKE FALSE CLAIMS REGARDING "DATABASE OF COMPLAINTS"
I find your response below unsatisfactory, and less than honest. You started this exchange with a
statement:
We welcome hearing from you because we keep a database of information
about the complaints and inquiries we receive. This database allows us to
track whether a troubling situation may be developing about a particular issue,
company, broker, stock, or other securities product. The information you have
provided will be reflected in our database.
...

d) REPEAT REQUEST FOR THE LOG OF MY COMPLAINTS TO SEC REGARDING
COUNTRYWIDE AND BAC
I therefore asked you for the log of my complaints, in order to save me the need to file FOIA for the log
of my complaints to SEC in re: COUNTRYWIDE and BANK OF AMERICA CORPORATION. I again
repeat my request that you provide a log of my complaints to SEC regarding COUNTRYWIDE and
BAC.
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Copies are forwarded to:
1) U.S. Congress and the office of Senator Patrick Leahy, Vermont, Sponsor of the FRAUD
ENFORCEMENT AND RECOVERY ACT (2009).
2) Basel Committee of International Banking Accords
3) Washington Embassy of the People's Republic of China - holders of reserves exceeding $2 trillion,
denominated in U.S. dollars.
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Joseph Zernik
LOS ANGELES COUNTY, CALIFORNIA
.
LOS ANGELES COUNTY, CALIFORNIA
WE own the :"C" in Corruption...
WE are the certified "epicenter of the epidemic of real estate and mortgage fraud..."
WE invented the original regional blend: Financial-institution-fraud - court-corruption
cocktail...


The complete letter can be viewed at: