10-09-28 Seeking top-tier, peer-reviewed, English-language, international law/human rights/law and technology journals as potential venues for publication.

-----Forwarded Message-----
From: jz
Sent: Sep 28, 2010 10:38 AM
To: John Aster , lawsters@googlegroups.com
Cc: darcy.smith@usdoj.gov, thomas.shell@usdoj.gov
Subject: RE: Letter to Prof Laurence Tribe, Senior Counsel, US Department of Justice: PRACTICAL OVERVIEW: The alleged Los Angeles Judiciary Racket (LA-JR) and failure of US banking regulation


Dear Mr Aster:

Thanks, but we are unlikely to ever know who bent Judge David Yaffe's arm between Sept 16 and Sept 17 to reverse himself and release Richard Fine.

Thanks also for the offer of help.  Following the refusal of six (6) Harvard and Yale top-tier law journals to ever acknowledge receipt of a manuscript documenting the scope of corrutpoin of the US justice system, I am seeking top tier, peer reviewed, Egnlish-language, international law/human rights/law and technology journals as potential venues for such publication.[1]

Any suggestions would be gratefully received.

Joseph Zernik


ATTACHMENTS
[1] Draft title, abstract 

Case Management and Online Public Access Systems of

the Courts in the United States

A Call for Action

Joseph Zernik, PhD *, **

Abstract

Conditions, which prevail today in the justice system in the United States are

reviewed through a series of four case studies. The cases demonstrate the

conduct of pretense litigations and pretense judicial review in courts ranging from

the State of California, County of Los Angeles, through the US District Court, US

Court of Appeals, and the Supreme Court of the United States. The unique role

of digital public access and case management systems, which were implemented

in the courts in recent decades is further analyzed, to show how such systems

enable false imprisonment, the taking of property under pretense of lawfulness,

and alleged criminality by financial institutions. Corrective actions are outlined -

publicly and legally accountable validation (certified, functional logic

verification) of all such systems, and restoration of the clerks’ accountability for

the integrity of electronic court records. Computing professionals are called upon

to perform their civic duties in the validation and monitoring of the systems, and

the public at large is required to keep its vigilance in the monitoring of such

system, as a quintessential safeguard of integrity of the courts. Truth and

Reconciliation Commission is also likely to be required in efforts to restore the

rule of law and to safeguard Human Rights in the United States in the digital era.

Otherwise - dysfunctional courts, abuse of Human Rights, and failing banking

regulation go hand in hand. Although the justice system in the United States is

the focus of the review, the conclusions are applicable in any nation, where digital

systems are today implemented at the courts.

____

* Human Rights Alert (NGO), PO Box 526, La Verne, CA 91750, Tel: 323-515-4583

Fax: 323-488-9697, jz12345@earthlink.net ,

http://www.scribd.com/Human_Rights_Alert

* * The author is grateful for help by Legal Director of a Civil Rights organization and unnamed

Professors of Compute Science.  

-----Original Message-----
From: John Aster
Sent: Sep 18, 2010 10:42 PM
To: jz12345@earthlink.net, lawsters@googlegroups.com
Cc: darcy.smith@usdoj.gov, thomas.shell@usdoj.gov
Subject: RE: Letter to Prof Laurence Tribe, Senior Counsel, US Department of Justice: PRACTICAL OVERVIEW: The alleged Los Angeles Judiciary Racket (LA-JR) and failure of US banking regulation

Thank you Dr Zernik,

You got Mr. Richard I Fine out.  What a disgusting government for leaving him rot when a Judicial System is corrupt.

Now everyone we need to help Dr. Zerrnik.
regards,

John Aster
Whilstlebower Act
Australia



: Mon, 23 Aug 2010 15:57:49 +0300
To: lawsters@googlegroups.com
From: jz12345@earthlink.net
Subject: Letter to Prof Laurence Tribe, Senior Counsel, US Department of Justice: PRACTICAL OVERVIEW: The alleged Los Angeles Judiciary Racket (LA-JR) and failure of US banking regulation
CC: Darcy.Smith@usdoj.gov; Thomas.Shell@usdoj.gov


Laurence Tribe
Harvard Law Professor
Special Counsel
US Department of Justice

RE: PRACTICAL OVERVIEW:
The alleged Los Angeles Judiciary Racket (LA-JR) and failure of US banking regulation
Prof Laurence Tribe
Senior Counsel
Access to Justice Initiative
US Department of Justice

Dear Prof Tribe:

In case you have no time to review the records attached to my complaints, previously filed with your office, and to study the history of the LA-JR over past decades, you may find the following Practical Overview a helpful guide.

The Overview was originally written in response to comment by an online reader, who blamed today's Attorney General ERIC HOLDER for conditions now prevailing in Los Angeles County, California.  Needless to say, the problem is decades old.

The Overview emphasizes the transition of the court and financial institutions into the digital era, and failure of the US government to adequately manage the transition, as key to accelerated breakdown of lawful government frameworks.

I would be glad to provide you detailed evidence in support of the statements below.

Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)

CC:
1) United Nations Human Rights Council
2) Basel Accords Committee
3) US Congress Banking and Judiciary Committees
________________

A PRACTICAL OVERVIEW
The Alleged Los Angeles Judiciary Racket (LA-JR) and Failure of US Banking Regulation

GENERALThe following is not intended as advocacy for US Attorney General ERIC HOLDER. However, one must realize that problem is decades old, and confronting the LA-JR and failing US banking regulation is a tall order.

The LA-JR controls the largest county court in the United States (~600 judges and commissioners), and the most populous county in the country (>10 millions residents), which according to FBI brought us, and the world at large, the current financial crisis.  Already in the early 2000s, FBI reports concluded that Los Angeles County was "The epicenter of the epidemic of real estate and mortgage fraud, which is a high national priority to fight".

The direct links between top management at Countrywide Financial Corporation (CFC), which triggered the current crisis and the LA-JR are fully documented below. [1]  The direct links between the LA-JR and Brian Moynihan, President of Bank of America Corporation (BAC) - CFC successor, are likewise documented below. [1] A. KEY EVENTS IN EVOLUTION OF THE LA-JR AND BREAKDOWN OF US BANKING REGULATION (1980-2010)1) IRAN CONTRA SCANDAL - ~1982-1992CIA and FBI were involved in wholesale drug trafficking, where the target was Los Angeles County, California. One aspect of the scandal, which was entirely overlooked in the 1997 US Department of Justice Special Report in the matter, was any discussion of the outcome - collusion by federal and local justice system agencies in large-scale violations of the law.  It is claimed that the Iran-Contra Scandal created conditions, which compromised any prospect of rule of law in Los Angeles County, California, for decades to come.

2) SUSTAIN  ~1985

SUSTAIN and other computerized case management systems at the Los Angeles Superior Court are deemed invalid.  Main features of the systems are similar to those listed below under PACER & CM/ECF.
The Los Angeles Superior Court was at the forefront of installation of case management systems, which led to further precipitous deterioration in integrity of the courts.  Such systems are deemed the enabling tools of the LA-JR in its current manifestation in both the civil and criminal divisions. The systems were installed during the tenure of today's California Chief Justice RONALD GEORGE in leadership positions at the Los Angeles courts.
SUSTAIN, which is now used also in other state courts in the United States, was developed and is maintained by the Los Angeles County based DAILY JOURNAL - the largest legal newspaper in California.

3) COUNTRYWIDE FINANCIAL CORPORATION (CFC) ~1990s-2000s  The evidence is overwhelming of evolution of Los Angeles County-based CFC into a corrupt organization, and the tight collusion between CFC and the LA-JR. [1]  It is claimed that CFC would not have evolved the way it did, absent the infrastructure of the justice system in Los Angeles County, California.

4) RAMPART SCANDAL INVESTIGATION - 1998-2000

Large-scale corruption of the courts and large-scale false imprisonments were covered up by US agencies, by permitting the local Los Angeles County agencies to investigate, prosecute, and adjudicate their own corruption.

5) LOS ANGELES OFFICE OF OVERSEER FOR CIVIL RIGHTS - 2001-2009

Operation of the Office under US Judge GARY FEESS must be deemed upon review as further cover up of massive corruption.

6) PACER & CM/ECF -  2000s

The online public access and case management systems of the US courts are deemed invalid, as detailed in a paper, peer-reviewed by an international, academic, computer science conference. [2] The systems enabled the conduct of pretense litigations and the online publication in PACER of pretense minutes, orders, and judgments of the courts.
All US district courts and US Courts of Appeals, which were examined, without exception:
a) Failed to publish Local Rules of Court, detailing the nature of valid signatures by judges and by clerks in the system.
b) Employed the systems to curtail public access to court records, in apparent violation of the common law right to access court records - to inspect and to copy, which was re-affirmed by the US Supreme Court as First Amendment right in Nixon v Warner Communications, Inc (1978).  The most common documents, which are hidden from public access, are the NEFs (Notices of Electronic Filing) - which the courts deem today as authentication/attestation by the Clerk.
c) Implemented authentication/attestation records (NEFs/NDAs), which must be deemed invalid on their faces, as to form.
Combined, the defects listed in a)-c), above, inherently undermined the central role of the Clerk of the Court as an accountable check and balance in the safeguard of integrity of the courts.

7) E-SIGN ACT - 2002

It is claimed that the law, as enacted, and failure/inability of US government to promulgate the law, left the nature of signatures largely undefined in the digital era.  Such conditions are claimed as central in deterioration of integrity of both the courts and financial institutions.

8) COUNTRYWIDE FINANCIAL CORPORATION (CFC) COLLAPSE - 2008
The collapse of CFC in January 2008 ushered in the current financial crisis.  The US directed merger of CFC with BANK OF AMERICA CORPORATION (BAC) must be deemed upon review incomprehensible.
Contrary to the current focus on investigation of events related to the coerced merger of BAC with MERRILL LYNCH, the earlier merger of BAC and CFC should be the focus of attention.  Refusal of US agencies and senior US officers to liquidate CFC, and the forced merger of CFC with BAC led the evolution of BAC into a corrupt organization, with fully documented, direct links to the LA-JR.  [1]

B. KEY PATRONIZERS OF THE LA-JR:1)  Some, but not all at the US DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, including, but not limited to:
CARLA WOEHRLE - US Magistrate;
VIRGINIA PHILLIPS - US Judge;
JOHN WALTER - US Judge;
AUDREY COLLINS - Chief Judge;
TERRI NAFISI - Clerk of the Court.

2) Some, but not all at the US COURT OF APPEALS, 9TH CIRCUIT, including, but not limited to:
ALEX KOZINSKI - Chief Judge
RICHARD PAEZ - Circuit Judge
RICHARD TALLMAN - Circuit Judge
MARY M SCHROEDER - Circuit Judge
ANDREW KLEINFELD - Circuit Judge
A WALLACE TASHIMA - Circuit Judge
N.R. SMITH - Circuit Judge
STEPHEN REINHARDT - Circuit Judge
STEPHEN S TROTT - Circuit Judge
KIM M WARDLAW - Circuit Judge
MOLLY DWYER - Clerk of Court

3) Some, but not all at the US Supreme Court, including, but not limited to:
WILLIAM SUTER - Clerk of the Court
DANNY BICKELL - Court Counsel

4) US ATTORNEY OFFICE; FBI BRANCHES, LOS ANGELES, CALIFORNIA;

5) ALEJANDRO MAYORKAS - former US Attorney, Central District of California (today Director of US Department of Justice Bureau of Citizenship and Immigration Services);

6) KENNETH KAISER - Assistant Director of FBI for Criminal Investigations;

7) KENNETH MELSON - former Director of US Attorneys Office at US Department of Justice  (today Director of US Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives);

8) GLENN A FINE - US Department of Justice Inspector General.

In contrast, you would find US Senator DIANNE FEINSTEIN fighting for over a decade to compel the US Attorney Office to institute effectual Public Corruption and Civil Rights Division in southern California, and US Representative DIANE WATSON a strong supporter of the cause.

LINKS
[1] July 11, 2010 complaint filed with SEC and US Controller of the Currency, alleging racketeering by Bank of America Corporation and its President Brian Moynihan at the Los Angeles, California Courts:
http://www.scribd.com/doc/32907453/[2] Data Mining of Online Judicial Records of the Networked US Federal Courts
http://inproperinla.com/10-08-18-sonet2010-zernik-2-courts-pending-publication-s.pdf


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.
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 _____________________________
PLEASE SIGN THE PETITION: FREE RICHARD FINE:http://www.thepetitionsite.com/1/free-fine
_____________________________
PLEASE SIGN THE PETITION CALLING UPON THE UNITED NATIONS TO ISSUE A TRUE AND EFFECTUAL 2010 REPORT ON THE US JUSTICE SYSTEM AND HUMAN RIGHTS IN THE UNITED STATES:http://www.petitionspot.com/petitions/ushumanrights/
http://www.thepetitionsite.com/1/calling-upon-the-un-human-rights-council-to-issue-an-honest-and-effectual-2010-report-on-the-us/
_____________________________
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 (2000)
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 (2000)
http://www.scribd.com/doc/27433920/
_____________________________
2010 UPR (UNIVERSAL PERIODIC REVIEW) OF HUMAN RIGHTS IN THE UNITED STATES BY THE UNITED NATIONSApril 19, 2010 Human Rights Alert submission for the 2010 UPR (Universal Periodic Review) of Human Rights in the United States by the United Nations:
a) Press Release:
http://www.scribd.com/doc/30200004/
b) Submission:
http://www.scribd.com/doc/30147583/
c) Appendix:
http://www.scribd.com/doc/30163613/
d) UPR Tool Kit by the Urban Justice Center:
http://www.scribd.com/doc/29867561/
_____________________________

10-09-16 AP US homes lost to foreclosure up 25 pct on year

US homes lost to foreclosure up 25 pct on year

´

AFP/Getty Images/File – A child sits inside cardboard box during a rally to raise awareness about the home foreclosure crisis …

Slideshow:Housing Crisis

By ALEX VEIGA, AP Real Estate Writer Alex Veiga, Ap Real Estate Writer – Thu Sep 16, 3:27 am ET

LOS ANGELES – Lenders took back more homes in August than in any month since the start of the U.S. mortgage crisis.
The increase in home repossessions came even as the number of properties entering the foreclosure process slowed for the seventh month in a row, foreclosure listing firm RealtyTrac Inc. said Thursday.
In all, banks repossessed 95,364 properties last month, up 3 percent from July and an increase of 25 percent from August 2009, RealtyTrac said.
August makes the ninth month in a row that the pace of homes lost to foreclosure has increased on an annual basis. The previous high was in May.
Banks have been stepping up repossessions to clear out their backlog of bad loans with an eye on eventually placing the foreclosed properties on the market, but they can't afford to simply dump the properties on the market.
Concerns are growing that the housing market recovery could stumble amid stubbornly high unemployment, a sluggish economy and faltering consumer confidence. U.S. home sales have collapsed since federal homebuyer tax credits expired in April.
That's one reason fewer than one-third of homes repossessed by lenders are on the market, said Rick Sharga, a senior vice president at RealtyTrac. (Brad hmmm to many houses is too much supply, too little demand= lower prices)
"These (properties) are going to come to market, but very slowly because nobody wants to overwhelm a soft buyer's market with too much distressed inventory for fear of what it would do for house prices," he said.
As a result, lenders are putting off initiating the foreclosure process on homeowners who have missed payments, letting borrowers stay in their homes longer.
The number of properties receiving an initial default notice — the first step in the foreclosure process — slipped 1 percent last month from July, but was down 30 percent versus August last year, RealtyTrac said.
Initial defaults have fallen on an annual basis the past seven months. They peaked in April 2009.
Still, the number of homes scheduled to be sold at auction for the first time increased 9 percent from July and rose 2 percent from August last year. If they don't sell at auction, these homes typically end up going back to the lender.
More than 2.3 million homes have been repossessed by lenders since the recession began in December 2007, according to RealtyTrac. The firm estimates more than 1 million American households are likely to lose their homes to foreclosure this year.
In all, 338,836 properties received a foreclosure-related warning in August, up 4 percent from July, but down 5 percent from the same month last year, RealtyTrac said. That translates to one in 381 U.S. homes.
The firm tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.
Among states, Nevada posted the highest foreclosure rate last month, with one in every 84 households receiving a foreclosure notice. That's 4.5 times the national average.
Rounding out the top 10 states with the highest foreclosure rate in August were: Florida, Arizona, California, Idaho, Utah, Georgia, Michigan, Illinois and Hawaii.
Economic woes, such as unemployment or reduced income, are now the main catalysts for foreclosures.
Lenders are offering a variety of programs to help homeowners modify their loans, but their success rates vary. Hundreds of thousands of homeowners can't qualify or fall back into default.
The Obama administration has rolled out numerous attempts to tackle the foreclosure crisis but has made only a small dent in the problem. Nearly half of the 1.3 million homeowners who enrolled in the Obama administration's flagship mortgage-relief program have fallen out.
The program, known as Making Home Affordable, has provided permanent help to about 390,000 homeowners since March 2009.
Regardless, many troubled borrowers have seen their efforts to get a loan modification stymied.
Larry Book of Winter Garden, Fla., was one packet away from a permanent loan modification from Chase under the Obama administration's foreclosure prevention plan after more than a year of back and forth and one failed attempt.
But his modification never went through. Instead, his loan was transferred from Chase to IBM Lender Business Process Servicers in July and he was told he owed $9,562.62 and must bring his mortgage current by Sept. 15 or foreclosure proceedings will begin.
"It just becomes too exhausting," Book said about the modification process. "That's why some people walk away. But I've invested too much and given up too much to just let it go."