10-09-09 Harvard Law Dean Martha Minow, Board of Advisors of Harvard Civil Rights Civil Liberties Law Review Asked for Acknowledgement of Receipt of Paper Submitted to the Journal.

Martha Minow, Dean
Harvard Law School

Los Angeles, September 9 – In letter [1] to Harvard Law School Dean Martha Minow, Professors Lani Guinier, Randal Kennedy, and Deborah Ramirez – members of the Board of Advisors of Harvard Civil Rights Civil Liberties Law Review - Human Rights Alert (NGO) repeated its request that the journal acknowledge receipt of a paper, authored by Joseph Zernik, PhD, recently submitted to the journal, titled: Case Management and Online Public Access Systems of the Courts – An Urgent Call of Legislative Action.

Previous requests for acknowledgement of receipt by the journal itself remained unanswered. [2]

The letter also included the Abstract of the paper, which documented and opined large-scale fraud in design and operation of PACER and CM/ECF – the online public access s and case management systems of the US district courts and courts of appeals.

The paper documented a series of cases, where such systems enabled the holding of prisoners under pretense of lawfulness, the conduct of pretense court proceedings, and the issuance of pretense court minutes, orders, and judgments, as part of pretense of judicial review. The public at large, and the harmed parties in particular, could not discern such facts in the online public access systems as designed and operated by the courts.

The paper further outlined a series of necessary corrective legislative actions - first and foremost - comprehensive review and the establishment of publicly and legally accountable validation of all case management and online public access systems at the courts, jails, and prisons and with it – restoration of the clerks’ accountability for integrity of dockets and counsel appearances. The paper also noted that a Truth and Reconciliation Commission was also likely to be required. Such actions were opined as likely to restore access to the courts and the rule of law, and with it - the safeguard of Human Rights in the digital era.

The letter [1] also included the Author’s Biography. The biography was short on formal computer science training, and showed no evidence of legal education at all.  However, the biography showed that Dr Zernik analyzed and opined fraud in a number of government and corporate large database systems over the past decade, and that his opinions were supported in part or in full by top experts in the relevant fields.

Dr Zernik previously opined dishonest manipulation of the online public access system of the California Commission on Teacher’s Credentialing, coordinated with destruction of electronic pupil educational records at the Special Education Department of the Beverly Hills, California, Unified School District.  A lengthy double-investigation by the California Department of Education finally concluded: “The School District is out of compliance and in violation of the law”.

In early 2007, large-scale financial institution fraud was opined by Dr Zernik, enabled by EDGE - the underwriting monitoring system of Countrywide Financial Corporations, and related liabilities to the US Taxpayer at hundreds of billions of dollars were projected.  Such opinions, filed then with FBI, were materialized a year later with the collapse of the Corporation, resulting in considerable losses to the US Treasury.  Fraud opined by Dr Zernik regarding a number of individual underwriting records of Countrywide Financial Corporation was supported by opinions of renowned US fraud expert and litigation support consultant Robert Meister, who operates throughout the United States.

Dr Zernik also previously opined fraud in Sustain – the case management system of the Superior Court of California, County of Los Angeles.  Two manuscripts authored by Dr Zernik were reviewed by Prof Eli Shamir, Department of Computer Science, Hebrew University, Jerusalem, whose contributions to computer science from its earlier stages included the development of fundamental tools in language analysis.  Prof Shamir issued a qualified opinion that “credible evidence” was produced of possible “fraud” by court staff was enabled by the system, and called upon US-based computer science experts to investigate the system. 

Additionally, fraud was opined by Dr Zernik in conduct of the Superior Court of California, County of Los Angeles, relative to pretense Receiverships employed by the Court for taking the properties of individuals or corporations with no legal foundation.  In Dr Zernik’s opined that such conduct was enabled and facilitated in operations of Sustain combined with the online public access system of the Court.  Dr Zernik’s opinion in this regard was fully supported by opinion of FBI veteran, fraud expert James Wedick, who had been decorated by US Congress, FBI Director, and US Attorney General for his achievements in law enforcement.  Mr Wedick opined “fraud being committed” and “investigation should be immediately instituted”. [italics in the original –jz]

Further fraud was opined by Dr Zernik in operations of the Los Angeles County, California, online Inmate Information Center, which permitted indefinite false imprisonments in Los Angeles County, California, jails.  A scholarly paper, analyzing and opining the fraud in the system, titled “Data Mining as a Civic Duty – Online Public Prisoners’ Registration Systems” was recently published by the peer-reviewed, new computer science/informatics journal - International Journal of Social Media: Monitoring, Measurement, Mining.  The editorial board of the Journal lists computer scientists, including Dr Alexander Troussov, whose current interests include the employment of graph theory and other mathematics and informatics tools in large-scale data mining combined with implementation of expert systems on complex, comprehensive systems of interconnected objects, images, persons, events, and related knowledge bases.  Combined, the Editorial Board of the Journal lists scholars from six European nations and Canada.

Fraud was opined by Dr Zernik in PACER & CM/ECF, in another paper, peer-reviewed and published in the same Journal, titled “Data Mining of Online Judicial Records of the Networked US Federal Courts”.

It should be noted that in contrast with the array of high-reputation experts, who supported Dr Zernik’s analysis and opinions, the Harvard Civil Rights Civil Liberties Law Review is managed and edited by law school students alone. 

Dr Zernik expressed his disappointment by the fact that leading law journals in the United States refused to acknowledge receipt of a paper by a qualified author for due review, “I would leave it for the academic community to opine whether such conduct is, or is not, consistent with basic standards of academic integrity and management of academic journals.”

Human Rights Alert (NGO) [4] is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.

LINKS:

[1] 10-09-09 Harvard Dean Minow, Board of Advisors of Harvard Civil Rights Civil Liberties Law Review Asked for Acknowledgement of Receipt of Paper Submitted to the Journal.

http://www.scribd.com/doc/37189960/

[2] 10-09-08 Harvard, Yale Law Journals Refuse to Review Paper Documenting Corruption of the US Justice System

http://www.scribd.com/doc/37077401/