09-11-21 What's wrong with PACER & CM/ECF?

- - -

The U.S. Courts have just completed the installation of a dual docketing system, Pacer, and CM/ECF

1. Such systems established separate and unequal access to court records, where the courts can segregate parties at will.
2. Those segregated into Pacer (attorneys who are not authorized by the court, pro se filers, and invariably all prisoners who file petitions) are unable to distinguish the valid and effectual court records from the large volume of invalid and ineffectual records posted online, since they are denied access to the NEFs (Notices of Electronic Filings).
3. Therefore, litigations are conducted under such conditions - where one party, but none of the others, is left in the dark relative to the validity and effect of various records posted in the docket by the court during litigation.
4. Such conditions in litigations in U.S. Courts, may be found by International Human Rights Courts to be extreme violation of Human Rights by the U.S. Government and U.S. Courts.
5. It may also be found to be the largest Shell Game Fraud in the history of mankind.
6. It amounted to major changes in Federal Rules of Civil and Criminal Procedures, or even in the U.S. Constitution and the Amendments, with no authority at all.

"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.

09-11-21 Mininal outcome from National Perspective

From public policy perspective, the central national outcome should be:*

1) Resignation of Chief Judge of the 9th Circuit - Alex Kozinski

Chief Judge Alex Kozinski must resign for willful misconduct in:

a) The Perversion of Justice and Mail Fraud involved in the service of unsigned, invalid, ineffectual, false and deliberately misleading June 30, 2009 Order, by Kozinski, Tallman, and Paez, denying Petition of Richard Fine, on both Richard Fine and on Joseph Zernik......... Fine v Sheriff (09-71692)

b) Failing to take Corrective Actions relative to the invalid, ineffectual June 29, 2009 Judgment by Judge John Walter in the false and misleading habeas Corpus Petition Proceedings of Falsely Imprisoned Atty Richard Fine........Fine v Sheriff (2:09-Cv-01914)

c) Failing to take corrective Actions relative to the invalid, ineffective, false and deliberately misleading March 4, 2009 Judgment and Order by Judge David Yaffe, and the False Imprisonment of Richard Fine.........Marina v County (BS109420)

d) Allowing now Appeal to be taken from an invlid, ineffectual June 29, 2009 Judgment by Judge John Walter.

2) Application of rule making enabling laws state and federal on all CMSs in courts in the U.S.

The process would be involved and prolonged. But initial steps must be taken.

3) Consideration of similar measures in other branches of government and public corporations.

4) Publication of opions regarding:

- - -a) Limits on judicial immunity when engaged in sham court actions-

- - - -extrajudicial conduct from the bench.

- - b) Criminal liability of clerks when colluding with judges in sham court actions

- - c) Criminal liability of attorneys.

5) Investigation into the cover up of the true story of Countrywide - a corrupt organization.

6) Investigation into the conduct of senior Justice Department Officers:

Kenneth Melson - Director, U.S. Attorney General Office

Kenneth Kaiser - FBI, Assistant Director, Criminal investigations.

"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.

* Writer is a lay-person, this blog is in lay parlance.

09-11-21 Truth and Reconciliation Commission

Bishop Desmond Tutu

Advocate of the Truth and Reconciliation process

Opening the public records to public access would allow the public to examine the conduct of the LA Superior Court Judges over years. The outcome is likely to discredit almost all of them without many exceptions. It would be impossible to dispose of 400 judges at once. A number of judges would have to be eliminated, but most would be retained. However, to restore any level of public trust in a system that led to such abuse, there would be a need to institute a process similar to that used in other countries emerging from various abusive government systems.

Richard Fine is a natural candidate for a central position in such process.

09-11-21 Minimal outcomes from LA public perspective

Minimal outcomes for Los Angeles County, from the public perspective, under the current circumstances must include:

- - - - - -

Jacqueline Connor- - - - - - - - - - - - - David Yaffe- - - - - - - - - - - -Charles McCoy- - - - - - - - John Clarke

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1) Freeing Richard Fine from False Imprisonment

2) Restoring Public Access to Public Records in LA County, in particular - Sustain records, and criminal litigation records in the respective case management system.

3) Creating reasonable conditions for credible, non-profit, public organizations to speedily process habeas corpus petitions for judicial review and Freeing the Rampart FIPs based on review of such records.

4) Holding Accountable Individuals, Law Firms, Corporations, following investigation and prosecution if appropriate:

- - - - a) Removing Judges from the Bench

- - - - b) Removing the Presiding Judge and Clerk of the Court from their offices

- - - - c) Conducting and publishing a Comprehensive Financial Audit of the LA Superior Court

- - - -d) Measures against Bank of America Corporation, and its Countrywide subsidiary

- - - -e) Holding large law firms, and their attorneys accountable -

- - - - - Bryan Cave, LLP, and Sheppard Mullin

- - - -f) Holding small law firms, and their attorneys accountable, such as -

- - - -- Pasternak, Pasternak, Patton; Benton, Orr, Duval & Buckingham

- - - -

- - - -g) Initiating a Training Program for Clerks, about their duties and liabilities

- - - -h) Initiating a Training Program for Judges, about their duties and liabilities in re: Sham Court Actions.

- - - -i) Initiating a Training Program for Police, about putting an end to support of corruption.

5) Creating a Model System for Public Accountability in Validation (logic verification) of Sustain

- which could serve as a national model system - there is not one CMS that was validated in the whole U.S.

6) Applying special consideration in placement of senior FBI and USAO officers in LA

- in currently vacant senior positions:

- - - -a) Candidates from other areas should be preferred.

- - - -b) Appointment letter should include special mandates and duties in re:

- - - -- Integrity of the justice system as highest priority

Mohammad Keshavarzi David Pasternak Sandor Samuels Kevin McCormick JOhn Amberg, Jenne Moldawsky

"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.

09-11-21 Why investigating this matter should be easy- Or - Heuristics work...

Investigation of this case should be easy, because the data is computrized... The issue would only be how far to go, and my suggestion would be to limit its scope, while allowing the public full access to public records, as provided by law.. Let the public do the rest of the job. It is an essential part of the lesson from this case.

The public must keep an eye on the public records at all times...

A. Some examples of my employment of heuristics on public records in the past:

1) Filing the Request to File as Party in Interest at the 9th Circuit, U.S. Court of Appeals, protesting in advance the future sham court action that was an unsigned invalid, ineffectual, false and misleading court order by Chief Judge Alex Kozinski, and Circuit Judges Richard Tallman, Richard Paez, in Fine v Sheriff (09 )

2) Notice sent to Eric Sheptock, a homeless guy in Washington DC, regarding corruption of his case in U.S. District Court there, in Sheptock v Fenty et al. I knew practically nothing about the case to start out, I was just experimenting with heuristics, to see how effective they would be i scanning large numbers of cases. In that instance - in the U.S.District Court in Washington DC.

3) Once you got some initial hooks through such scans, you easily found other, at times more interesting cases, which were related - the case of Scooter Libby, for example, arising out of Plame v Cheney.

4) Notice provided to Steven Schaffer in re: Schaffer v Hartford Life (5:08-CV-01184) at the U.S. Court, Central District of California

B. Some examples of heuristics that could be utilized in investigating the LA Superior Court:

1) Search for cases with multiple judges involved:

• Most of these cases involved much larger number of judges than in a normal case.
• It may serve to produce deniabilities, lame as they may be.
• More likely- the large number of judges involved deter the USAO or FBI from taking any action.
• E.g. Michael Wilner, LA USAO - "You named too many names..." - as if it were my fault that this was a racket, and not a mom n pop operation as part of a cottage industry...

2) Search for cases that were much longer than average.

3) Non computerized quick heuristic: Search in the Clerk's office for volumes that were much thicker than average

• In Samaan v Zernik the clerk's office created the "Volume IV Continued", over 700 pages, compared to other volumes, which were around 200 pages - again - statistically a class of its own. It served to hide the "Non -Party" Countrywide/Bank of America Corporation papers. When I caught the hoax (October 2007?), the clerk was deeply embarrassed, and in way of apology, he mumbled - "This is not the only one, we have quite a few of them around here." I therefore suggest a heuristic for investigators: To save time and money, just quickly scan the clerk's office for any volumes that were much thicker than the average, they may be at higher likelihood significant to the investigations.

Linked Records

1) Message to Eric Sheptock

http://inproperinla.blogspot.com/2009/06/message-to-eric-sheptock-homeless-in.html

09-11-21 Greetings to brothers in spririt... Barbados Underground - documeting corruption in the courts over there...

http://bajan.files.wordpress.com/

About Us

The recent attack on the Press in Barbados by the government prompted this husband and wife team who lives in Barbados to start the Barbados Underground (BU). We hope that by resorting to the Wide World Web our views would not be affected by the censorship, similar to what the media in Barbados is currently experiencing. Both of us are approaching retirement soon, and hopefully this project will evolve in the Bajan landscape to assist in the dissemination of relevant information.

If you have information which you would want us to consider publishing, please email us at:

barbadosunderground@gmail.com

______________________

Recent Posting:

Medical Doctor Complicit In Torture Of 14 year-old by Guyana Police Disgraced His Profession, Should Be Prosecuted And Barred From Practicing Medicine

November 19, 2009 · 7 Comments

Email note:

Date: Sat, 21 Nov 2009 06:11:19 -0800
To: barbadosunderground@gmail.com
From: joseph zernik
Subject: Greetings to brothers in spirit...

I came across you blog by chance, googling for images to illustrate the phrase: Not nuff guddah... :)
Be strong, and keep it going... Please check out my blog - committed to documenting the infamous LA-JR (Los Angeles Judiciary Racket) of the Los Angeles Superior Court. Claims to infamy include, but are not limited to:
1) The Rampart scandal (1998-2000), where over 10,000 people were recorded as falsely convicted and falsely sentenced to long prison terms, Hardly any of them was released a decade later. They are almost exclusively black and latinos. It is a Human Rights disaster of historic proportions, and should be advertised world-wide.
2) At present, we have Atty Richard Fine, a 70 yo, former U.S. Prosecutor, anti corruption activist, falsely imprisoned in solitary confinement since March 4, 2009, with no Warrant, with no Sentencing or Judgment, and from litigation with no Docket.
Spreading the word would be appreciated.
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;

09-11-21 In a community of criminals you lend a hand...

Not nuf guddah...

One thing that must strike anybody studying these cases, be it Samaan v Zernik, Galdjie v Darwish, Sturgeon v LA County, or Marina v LA County, is that the number of people that were involved, was so large that there couldn't possibly be sufficient money in profiteering in any of these cases to go around... And while each case must be examined on its own merits, as a general rule, one must conclude:

In a community of criminals you lend a hand, out of the goodness of your heart, when you see a crime scheme under way...

Just like raising a barn, in colonial times - it was a community affair...

Attorneys:

• Some of the participants benefited no matter what, the longer that it was protracted - attorneys, who were billing by the hour, by the 15, 10, or 6 minute increments... But even so, they could not be all considered in the same basket

Classes:

• Sheppard Mullin, Bryan Cave, LLP, Day Jones must be deemed a class of their own - law firms that were large, or very large, and were deeply involved in criminalities.
• Some small offices,that appeared specialized in criminalities - Pasternak, Pasternak, Patton, and Joshua L Rosen.

Bryan Cave, LLP -

• I forwarded routinely notices to the St Louis home base of Bryan Cave, LLP, to make sure that they were fully aware of what was taking place in LA, under Office Managing Partner Jeff Modisett, former State of Indiana Attorney General, White Collar Crime Expert.
• In one of the times, I was informed that the matter was reviewed by the central Risk Reduction Committee of Bryan Cave, LLP.
• There is no way that the predicated acts of racketeering escaped their attention:
• Numerous appearances over 2.5 years:
• "Non-Party" false self designation;
• Shifting designations by court;
• Being deliberately unauthorized to appear by the client;
• Most likely also with a "no communication with client" clause - as detailed in Texas by Judge Jeff Bohm;
• Engaging in obstructionist enforcement of a fictitious, non-existent Protective/Restraining Order;
• Generating false,void, not voidable Judgments of Contempt,
• Generating false, void, not voidable Serious Sanctions, exceeding $30,000.
• Gemeratomg Threats of Jailing.
• Monetary transactions with Atty David Pasternak - which must be deemed Money Laundering.
• Therefore, since the appearances continued, one must conclude that the Risk Reduction Committee concluded that the risk was low, or insignificant of engaging in such conduct in the LA court.
• I fully agree with their assessment - it appeared as business as usual for all involved.
• Anecdotal details for color:
• - Jeff Modisett LA Office Manager, former State of Indiana Attorney General, White Collar Crime Expert, was quoted in an interview as stating:
• - John Amberg, the senior attorney assigned to the case, was former Chair, Ethics and Professional Responsibilities Committee, LA County Bar Association.
• - Jenna Moldawsky - a novice, was assigned to the case almost straight out of Law School, UCLA

Sheppard Mullin

Mohammad Keshavarzi

Day Jones

Rhonda Walker

Ezer

Joshua L Rosen

Kevin McCormick

Sullivan Workman and Dee

Zachary Schorr

• Some were probably motivated by greed, others by fear.
• It was clear that Judge Jacqueline Connor was known for intimidating and threatening attorneys to coerce their cooperation against clients.
• It was clear that the LA judges operated as a group, and were advertised as retaliatory, as seen in the cases of Steve Yagman and Richard Fine.
• For that reason, I should not list here the few attorney who stood out in their conduct that was brave and honest.
• The corruption of the legal profession was deep in Los Angeles County, and entirely distorted the practice of law.
• Anecdotal details for color:
• - Mohammad Keshavarzi, an Associate at Sheppard Mullin, was no doubt acting out of enthusiastic conviction and commitment to the creed.
• - Charles Cummings, Managing Partner at Sullivan Workman & Dee, my first attorney, colluded with Judge Connor, but was coerced I believe.
• - In one of the first communications in November 2006, Atty Keshavarzi sent me an email, copied to Atty Cummings, reprimanding me for interfering in his excellent working relationship with Atty Cummings. Such comment was facetious, but also condescending coming from a young associate to a managing partner in a well established law firm.
• - In my first or second note to Atty Keshavarzi, in November 2006, clueless as I was, I stated that after reeading his papers for the first time, I realized that I had had no idea how crafty he was. He responded - I take that as a compliment.

Judges

• Large number of judges seem to be routinely involved in such cases.
• I surely do not have the data regarding fund transfers - if any. However, it is easy to make some logical inferences.
• It was the judges who held the ultimate control for the conduct of these cases
• These cases tended to drag much longer than the average.
• Therefore, it was likely that the judges as well, benefited from protracting the cases as long as possible.
• For that to happen, the most likely way that such benefits would be conferred is through the attorneys in the case.
• Not all judges could be viewed as falling in the same basket: Judge Jacqueline Connor was a class of her own
• What was striking was the number of judges that eagerly jumped to pitch in.
• Judge Lisa Hart-Cole, whom I saw on December 7, 2007, for about 2 hours total, on one day, most of it just waiting, managed in that short time period to engage in numerous acts of willful misconduct, eagerly.
• Judge Patricia Collins, whom I saw the same morning for about an hour, engaged in extreme abuse of the law and her office, with total indifference. The only thing she cared about was not being late for lunch.
• Some 10-12 judges were involved in my case, only one refused to collude - Joseph Biderman.
• Given that ratio of 10:1, and the fact that both Supervising and Presiding Judges were involved, I differ with the laudable Blue Ribbon Review Panel Report (2006) , which described in LA County justice system "a sub-cult of criminality tolerated in the ranks."
• In 2006 it was already "a dominant cult of criminality."

Clerks

• A large number of clerks were involved in these cases. From the lowest level clerks in the public intake room, like Bryan, who was instructed to hide from me the "Volume IV Continued" in Samaan v Zernik where the "Non -Party" Countrywide/Bank of America Corporation papers were hidden, and all they way up, to Clerk of the Court John Clarke.
• They cannot be all clustered as one group.
• John Clarke must be deemed a Central Figure in the LA-JR, and must be separately investigated to figure out hie role and benefits.
• The lowest level Clerk Office staff, probably had to collude, just to keep their jobs, or be promoted.

Barn Raising Square -

"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.

08-11-21 Judge Friedman - Kindly request - no racketeering during business hours....

Date: Fri, 20 Nov 2009 17:27:32 -0800
To: "Charles McCoy -Presiding Judge " , "John A Clarke" , "Greg Drapac -Senior Administrator"
From: joseph zernik
Subject: Kindly request to prevent the conduct of racketeering activity on the grounds of the court during business hours, under the disguise of litigation.

Nov 20, 2009

Charles McCoy
Presiding Judge


John Clarke
Clerk of the Court

Greg Drapac
Senior Administrator

RE: Kindly Request to prevent the conduct of racketeering activity on the grounds of the court during business hours, under the disguise of litigation.

Dear Presiding Judge McCoy, Clerk Clarke, and Senior Administrator Drapac:

Please remove from the online Case Summary the listing of any additional "Proceeding" in Samaan v Zernik (SC087400). It never was and never will be a true litigation of the Superior Court of California. None of you was willing to state that much either.

Joseph Zernik

"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.