Monday, July 12, 2010

10-07-13 Judicial corruption in the US and beyond // La corrupción judicial en los EE.UU. y más allá

On 7/13/2010, Joseph Zernik wrote:
Date: Tue, 13 Jul 2010 00:44:23 +0300To: lawsters@googlegroups.com
From: joseph zernik
Subject: Re: Judicial Corruption Continues To Plague the World, Report Says - 2007 report
All I can contribute is that I have contacted Transparency International on a number of occasions, and provided them with evidence and official reports regarding rampant judicial corruption in the United States.  Like other US based Human Rights organizations, they had no interest at all.  Transparency International explained to me that their activity in the United States is limited to fund raising, in order to document judicial corruption in other countries...

In short - such biased reports help propagate the myth of honest justice system in the United States, when in fact, the level of corruption in unprecedented relative to other "western democracies".
Joseph Zernik


At 12:06 AM 7/13/2010, Joe wrote:

This report is 3 years old  ask "what has happened to correct the problem" answer--absolutely nothing not a damn thing. your thoughts are appreciated Joe
06 June 2007

Judicial Corruption Continues To Plague the World, Report Says
Social order, economic growth suffer when justice fails
By Jaroslaw Anders
Staff Writer
Washington -- Systemic corruption of judicial systems not only denies citizens their basic human rights, but hinders economic development and sometimes pushes aggrieved populations to violence, according to a recent report.
Global Corruption Report 2007: Corruption in Judicial Systems says that despite international efforts, different forms of judicial corruption continue to afflict many parts of the world. The report was issued in late May by Transparency International, an international anti-corruption nongovernmental organization.
“We are talking not just about outright bribery, but political bias or interference, the influence of money, which can have a profound impact on all of us, undermining our trust in public institutions and their capacity to deliver fair and impartial outcomes,” said Nancy Boswell, the president of Transparency International-USA. She spoke June 6 at an event at the Brookings Institution, a private research organization in Washington.
According to the report, there is a clear connection between high levels of judicial corruption and low levels of economic growth. This comes as no surprise, the report says, since “the expectation that contracts will be honored and disputes resolved fairly is vital to investors, and underpins sound business development and growth.”
Speaking at the same event, Aryeh Neier said widespread mistrust of the institutions of justice also is one of the factors that push citizens to resolve their grievances through the use of force, leading to social disorder and violence. Neier is the president of the Open Society Institute, a private group that promotes democratic governance, human rights, and economic, legal, and social reform.
According to Transparency International, a majority of people in seven of the eight African countries it polled said their legal systems are corrupt and one among five of those who had dealt with courts admit to paying bribes. Another aspect of judicial corruption -- political influence over the judiciary -- is especially serious in Niger, Nigeria, Zambia and Zimbabwe, the organization says. In addition, it cites Kenya and Lesotho as countries with high level of social tolerance for corrupt practices.
In Latin America, 80 percent or more of respondents in Bolivia, Mexico, Paraguay and Peru perceive their judiciary systems as corrupt.
Governments in many low-income countries in Asia -- including Bangladesh, Cambodia, Indonesia, Laos, Nepal, Pakistan, the Philippines, Thailand and Vietnam -- are not providing adequate support for their courts and court officials, “inviting corruption and undermining the rule of law,” the report says.
In Europe and Central Asia, the report cites what it considers undue influence of the executive branch on judicial appointments in countries such as Azerbaijan, Croatia and Turkey. The report also concludes that Russia and Georgia have been backsliding on international standards of judicial independence.
The report also looks critically at the United States, citing a 2004 poll that showed that more than 70 percent of U.S. respondents believe contributions to U.S. judicial campaigns influence judicial decisions in the states in which judges are chosen through elections.
The report points out that judicial and political corruption tend to reinforce each other. A corrupt judicial system is unlikely to sanction people who bribe and threaten politicians. As a result, “honest and unfettered candidates” often are prevented from entering politics or succeeding in public life.
But Susan Rose-Ackerman, a law professor at Yale University and one of the authors of the report, cautioned that judiciary independence is not enough to guarantee impartial justice. “You can certainly have independent judges who are acting with impunity, who are lazy, corrupt, but are completely independent: they can do what they want because nobody can control them,” she said. 
The report calls for a delicate balance between judicial independence and accountability. On the one hand, constitutional and legal mechanisms must protect judges from political pressure; on the other, judicial officials should not be permitted to “shelter behind outdated immunity provisions, draconian contempt laws, or notions of collegiality,” the document states.
The
full text of the report is available on the Transparency International Web site.
For more information, see
Bribery and Corruption.

Social order, economic growth suffer when justice fails
By Jaroslaw Anders
Staff Writer
Washington -- Systemic corruption of judicial systems not only denies citizens their basic human rights, but hinders economic development and sometimes pushes aggrieved populations to violence, according to a recent report.
Global Corruption Report 2007: Corruption in Judicial Systems says that despite international efforts, different forms of judicial corruption continue to afflict many parts of the world. The report was issued in late May by Transparency International, an international anti-corruption nongovernmental organization.
“We are talking not just about outright bribery, but political bias or interference, the influence of money, which can have a profound impact on all of us, undermining our trust in public institutions and their capacity to deliver fair and impartial outcomes,” said Nancy Boswell, the president of Transparency International-USA. She spoke June 6 at an event at the Brookings Institution, a private research organization in Washington.
According to the report, there is a clear connection between high levels of judicial corruption and low levels of economic growth. This comes as no surprise, the report says, since “the expectation that contracts will be honored and disputes resolved fairly is vital to investors, and underpins sound business development and growth.”
Speaking at the same event, Aryeh Neier said widespread mistrust of the institutions of justice also is one of the factors that push citizens to resolve their grievances through the use of force, leading to social disorder and violence. Neier is the president of the Open Society Institute, a private group that promotes democratic governance, human rights, and economic, legal, and social reform.
According to Transparency International, a majority of people in seven of the eight African countries it polled said their legal systems are corrupt and one among five of those who had dealt with courts admit to paying bribes. Another aspect of judicial corruption -- political influence over the judiciary -- is especially serious in Niger, Nigeria, Zambia and Zimbabwe, the organization says. In addition, it cites Kenya and Lesotho as countries with high level of social tolerance for corrupt practices.
In Latin America, 80 percent or more of respondents in Bolivia, Mexico, Paraguay and Peru perceive their judiciary systems as corrupt.
Governments in many low-income countries in Asia -- including Bangladesh, Cambodia, Indonesia, Laos, Nepal, Pakistan, the Philippines, Thailand and Vietnam -- are not providing adequate support for their courts and court officials, “inviting corruption and undermining the rule of law,” the report says.
In Europe and Central Asia, the report cites what it considers undue influence of the executive branch on judicial appointments in countries such as Azerbaijan, Croatia and Turkey. The report also concludes that Russia and Georgia have been backsliding on international standards of judicial independence.
The report also looks critically at the United States, citing a 2004 poll that showed that more than 70 percent of U.S. respondents believe contributions to U.S. judicial campaigns influence judicial decisions in the states in which judges are chosen through elections.
The report points out that judicial and political corruption tend to reinforce each other. A corrupt judicial system is unlikely to sanction people who bribe and threaten politicians. As a result, “honest and unfettered candidates” often are prevented from entering politics or succeeding in public life.
But Susan Rose-Ackerman, a law professor at Yale University and one of the authors of the report, cautioned that judiciary independence is not enough to guarantee impartial justice. “You can certainly have independent judges who are acting with impunity, who are lazy, corrupt, but are completely independent: they can do what they want because nobody can control them,” she said. 
The report calls for a delicate balance between judicial independence and accountability. On the one hand, constitutional and legal mechanisms must protect judges from political pressure; on the other, judicial officials should not be permitted to “shelter behind outdated immunity provisions, draconian contempt laws, or notions of collegiality,” the document states.
The
full text of the report is available on the Transparency International Web site.
For more information, see
Bribery and Corruption.

10-07-12 Discussion on the OAK web site

OAK AdministrationOAK

Joseph Zernik, Los Angeles, CAComment by Joseph Zernik, Los Angeles, CA 2 minutes ago
Delete CommentDear Mr Strickland: . Thanks for your offer of help: . 1) About my individual case: There is no need for your investigation of the title. A fraud expert of the highest reputation provided an opinion letter, based on the grant deeds issued by the court in this case, that the case was real estate fraud. http://www.scribd.com/doc/24991238/ James Wedick is an FBI veteran, who was decorated by US Congress, by US Attorney General, and by FBI Director. Of note, of his own volition, Mr Wedick provided a letter that documented that FBI contacted him regarding my case (they refused to ever contact me), and that FBI agent assigned to the case agreed with Mr Wedick that it was real estate fraud. http://www.scribd.com/doc/29713733/ On the very same day that FBI contacted Mr Wedick, FBI Assistant Director for Criminal Affairs - Kenneth Kaiser, issued a letter responding to a Congressional Inquiry by Senator Dianne Feinstein, refusing to investigate the case, denying my claims of racketeering by judges in Los Angeles County, and claiming that I was complaining about "foreclosure procedure". I was never part of any foreclosure, bankruptcy or default of any kind. In fact, I overpaid my mortgage by some $14,000. I subsequently filed complaint with US DOJ IG - alleging fraud by Kenneth Kaiser on US Congress. US DOJ IG is refusing to answer on the complaint, even after Congressional Inquiry by Senator Dianne Feinstein on US DOJ IG. . 2) Real estate fraud by the courts is common in Los Angeles County. My case is only unique since I documented the fraud by the courts starting with a complaint I filed with FBI in January 2007, a full year before the fraud was consummated. Regardless, FBI refused to provide me equal protection. Instead I was and am subject to intense campaign of retaliation, harassment and intimidation ever since. I have also filed complaint with US Attorney Office, based on a simple search at the Los Angeles County Registrar Office, where within a couple of hours I found dozens of cases of real estate fraud by the court. However, in most cases the victims never realize that the court was part of the fraud. Their counsel hide the facts from them. It should be noted that starting 2004, FBI discerned Los Angeles County as "the epicenter of the epidemic of real estate and mortgage fraud". The essence of the fraud in the courts is in conducting pretense real estate litigations, which the courts themselves do not consider valid court actions at all - none of the court papers are authenticated, an no judgments are ever entered. . In this respect it should also be noted that the Michael Welch, former Presiding Judge of the Superior Court of California, County of San Bernardino, and even today a member of the California Judicial Council, was also tied to numerous cases of real estate fraud by the courts: http://inproperinla.com/09-09-11-former-san-bernardino-county-superior-court-presiding-judge-sustpect-of-real-estate-frauds-san-bernardino-county-sentinel.pdf . 3) False Imprisonments in Los Angeles County - are another manifestation of the same basic fraud scheme. The case of Richard Fine in its essence is the same type of fraud at the Superior Court. None of the court records in the case was adequately verified and authenticated. No judgment, conviction, or sentencing was ever entered in his case. The clerk of the Superior Court denies access to the docket of the case, and refuses to certify the case as a case of the Superior Court of California. The case of Richard Fine gained publicity, but again - it is a very common fraud scheme in Los Angeles County, California. . 4) What have the experts said over the past decade about the Superior Court of California, County of Los Angeles? Conduct at the Courts in Los Angeles County, California, as noted above, according to my research goes back to 1974, and is tightly tied to technology changes, with no matching changes in the Local Rules of Court. Of particular significance is the failure of the Los Angeles Superior Court to maintain a Judgment Book, where according to California Code judgments must be entered in order to be "effectual for any purpose". The court continues to publish false and deliberately misleading Local Rules of Court stating that it maintains such Judgment Books in the Clerk's Office of each district of the court. Official and unofficial reports over the past decade stated: * "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) * "…judges tried and sentenced a stagggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2000) * "This is conduct a associated with the most repressive dictators and police states… andd judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinksy, Dean, Irvine Law School (2000) . Truly, Joseph Zernik, PhD Human Rights Alert (HRA), NGO http://www.scribd.com/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://inproperinla.com/ http://pressroom.prlog.org/Human_Rights_Alert/ http://ireport.cnn.com/people/HumanRightsA?numResults=10&view=documents

Betsy Combier
Richard H. StricklandComment by Richard H. Strickland 14 hours ago
Dr. Zernik: I read that the Federalist Papers the US Constitution is based on say the first priority of government protection is the right to own real property without interference. I am not an attorney but it sounds like you may need a change of venue. Like I said I’m not an attorney and I’m not giving out legal advice I’m just saying what it looks like to me as a non attorney and I could be wrong. Please email me the address of the property taken so I can research the chain of title. As a long time real estate broker I've never heard of this happening before. When you acquired the property was title insured by a title company, and if so which one? Maybe you have a claim against the title company. Another question: was title transferred since it was taken from you and if so what were the tax implications since it sounds like they got it for free? In the overview of the Joint Submission for Review of America's Human rights Record sponsored by OAK the main point is "the Rule of Law cannot be accomplished without citizen oversight." This is also a main component of candidate for CA Governor Meg Whitman’s plan for the future of CA. I spoke with a person that said she will be on the citizen oversight committee when Whitman is governor. You should take this up with her. She works out of an office in Covina, CA, not too far from San Dimas, CA, where you're located. Was it is an accident of fate OAK's submission will be taken up by the United Nations in November 2010 which happens to coincide with the November 2010 CA election for governor or was it planned this way from the very beginning? If so it seems Christmas may come in November this year instead of December for those that stand to benefit from this inquiry (but I'm not an astrologist either). Richard Strickland
Comment by Betsy Combier 16 hours ago
The stories of Richard Fine and the California Court System is very important to the public's awareness of how far the corrupt judicial system will go to silence/harm those who speak out about violations of law, ethics, justice. See my latest two articles on Parentadvocates.org: http://www.parentadvocates.org/index.cfm?fuseaction=article&articleID=7789 and, http://www.parentadvocates.org/index.cfm?fuseaction=article&articleID=7788 I want to say I am a huge fan of Dr. Zernik!!!