Sunday, November 21, 2010

10-11-21 SEC v Bank of America Corporation (1:09-cv -06829) at the US District Court, Southern District of New York - opined as Fraud on Court through collusion of Judge JED RAKOFF, Clerk of the Court RUBY KRAJICK, and Counsel for SEC and BAC // La corrupción de los jueces del EE.UU.


 
_ _ _ _ _ _BAC President Brian Moynihan;  - - - - - -__ _ - -  SEC Chair Mary Schapiro;
 
_ _ _ _US Judge Jed Rakoff;_ - - - -  _ _   US Judge Virginia Phillips;_  _ _ _ _ ____  US Judge John Walter   
_ __ _ _ __ _ _ __  
_ _ _ _ _Clerk Ruby Krajick_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __-_ _ _ Clerk Terry Nafisi
_ _ _ US District Court, New York_ _ _ _ _ _ __ _ _ _ __ _ _ _ _ ___ _US District Court, Los Angeles
        

Los Angeles, November 21 - Joseph Zernik, PhD, and Human Right Alert (NGO) posted the Civil Litigation Management Manual, Second Edition (2010), published by the Judicial Conference of the United States, Committee on Court Administration and Case Management, [1] as additional evidence for the opined Fraud on the Court in conduct of three litigations, listed below, at the US district courts.  Review of the Manual in comparison to the dockets of the three litigations would lead any reasonable person to conclude that such litigations were never held by the US courts themselves as honest and valid litigations, conducted pursuant to US law.  Instead, judges, clerks, and counsel colluded in conducting pretense litigations.

All three cases originated from matters involving alleged criminality by government officers: The former case - Chair of the Federal Reserved BEN BERNANKE and former Treasury Secretary HENRY PAULSON, and the latter two cases - alleged racketeering by judges of the SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES. 

In addition, the first and third cases involved alleged criminality by the most senior officers of Bank of America Corporation - former President KEN LEWIS and current President BRIAN MOYNIHAN.

The cases are:

a)      SEC v Bank of America Corporation (1:09-cv-06829) - conducted by Judge JED RAKOFF at the US District Courts, Southern District of New York (Clerk of the Court - RUBY KRAJICK) - complaint under cause of action of Securities Fraud:
Most court proceedings were conducted by telephone, and no minutes were entered in the docket for any of the proceedings.  Therefore, no individual at all was listed in any court record as Deputy Clerk sitting in such proceedings, and no attestation/authentication records (NEFs) were issued on such off the record proceedings. Neither Summons, nor Civil Cover Sheet were found in the docket. [2] 
The docket sheet of SEC v Bank of America Corporation and the records provided in it, as a whole, included no valid court record bearing a valid signature of a Deputy Clerk, identified as such.  The case was extensively reported by mainstream media outlets - falsely represented as the highlight of banking regulation under the current crisis.

b)      Fine v Sheriff (2:09-cv-01914)  - conducted by Judge JOHN WALTER and Magistrate CARLA WOEHRLE, at the US District Court, Central District of California (Clerk of the Court - Terry Nafisi) - Petition for a Writ of Habeas Corpus:  Large number of judicial records were entered by an individual - Ms Donna Thomas - who was not a Deputy Clerk, but a Courtroom Assistant at the Court of Magistrate Carla Woehrle. Access to the NEFs of the minutes was denied, but access to the NEFs of the purported June 30, 2009 Judgment by Judge John Walter and the purported February 18, 2010 Mandate on the Appeal was gained, and the NEFs in both cases were found to be invalid - missing the 'Electronic Document Stamp' - deemed by the Court itself as the signature, which validates such records.  Neither Summons, nor Civil Cover Sheet were found in the docket. [3]
The docket sheet of Fine v Sheriff and records provided in it, as a whole, included no valid court record bearing a valid signature of a Deputy Clerk, identified as such.  The case highlights abuse of Human Rights of all 10 million residents of Los Angeles County, California, through alleged racketeering by the judges of the Superior Court of California, County of Los Angeles, and refusal of US Department of Justice to provide Equal Protection.

c)      Zernik v Connor et al (2:08-cv-01550) - conducted by Judge VIRGINIA PHILLIPS and Magistrate CARLA WOEHRLE, at the US District Court, Central District of California (Clerk of the Court - Terry Nafisi)  - Complaint under cause of action of Deprivation of Rights under the Color of Law: Minutes from the Court of Magistrate Carla Woehrle were likewise issued by Courtroom Assistant Donna Thomas, and Minutes from the Court of Judge Virginia Phillips were issued by Courtroom Assistant Marva Dillard.  Access was gained to the NEFs in the case, and without exception all were invalid - missing the Electronic Document Stamp. [4]
The docket sheet of Zernik v Connor et al and records provided in it, as a whole, included no valid court record bearing a valid signature of a Deputy Clerk, identified as such.  The case highlights abuse of Human Rights of all 10 million residents of Los Angeles County, California, through alleged racketeering by the judges of the Superior Court of California, County of Los Angeles, and refusal of US Department of Justice to provide Equal Protection.

Reports, filed for peer-review in an international law journal, provided detailed analysis of the dockets and related PACER records, and opined Fraud on the Court in all three cases, through collusion of US Judges, Clerks of the Courts, and Counsel who appeared in the cases. 

The reports further called upon the US Congress to initiate Judicial Reform through:
a) Enactment of federal rules of PACER and CM/ECF, which would restore accountability of the Clerks of the US Courts for electronic court records.  Implementation of PACER and CM/ECF by the Administrative Office of the US Courts was opined as central to deterioration of integrity of the US courts.  The systems themselves were opined as large-scale computer fraud in a report published in an international, peer-reviewed, computer science journal with Editorial Board listing scholars from six European nations and Canada. [5]
b) Restoration of key provisions of the Salary Act of 1919 - placing the Clerks of the US Courts under direct authority of the US Attorney General.
  Yielding of authority over the Clerks of the US Courts to the US judiciary resulted in undermining of their authority and with it - integrity of US court records. [6]

The reports further opined that absent reform of the US courts, there would not be a way to safeguard Human Rights in the United States, or establish effective Banking Regulation.  Conditions, which now prevail in the US courts were opined as amounting to a Robber Baron Revival Era.

LINKS:
[1] 10-11-19 Civil Litigation Management Manual, Second Edition (2010)
http://www.scribd.com/doc/43498081/
[2] SEC v Bank of America Corporation (1:09-cv-06829) - Civil Docket Report
http://www.scribd.com/doc/41088572/
[3] Fine v Sheriff (2:09-cv-01914) - Civil Docket Report
http://www.scribd.com/doc/32567529/
[4] Zernik v Connor et al (2:08-cv-01550) - Civil Docket Report
http://www.scribd.com/doc/42544116/
[5]
Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on Social Media: Monitoring, Measurement, Mining 1:69-83 (2010)
http://www.scribd.com/doc/38328585/
[6] 10-11-17 Duties and Responsibilities of the Clerks � Key to Integrity Failure of the US Courts
http://www.scribd.com/doc/43223951/
Human Rights Alert - NGO
Human Rights Alert 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 County, 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.
Locations of visitors to this page
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.com/
http://pressroom.prlog.org/Human_Rights_Alert/
http://human-rights-alert.blogspot.com/
http://josephzernik.blog.co.uk/
http://menchenrechte-los-angeles.blogspot.com/
http://droitsdelhommealertelosangele.blogspot.com/
http://ireport.cnn.com/people/HumanRightsA?numResults=10&view=documents
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
"On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*    
"Innocent people remain in prison"
*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
*  
"...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*  
"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*  
"...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/

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