11-02-05 Second request filed with US Congress for impeachment of Judge Jed Rakoff and Clerk Ruby Krajick - for their conduct in litigation of Lindner v Amex

  

The US courts undermine Banking Regulation and Civil Rights during the ongoing financial crisis. Like the Great Depression before it, the ongoing financial crisis is a system-wide integrity crisis.  Unless integrity of the justice system is restored, socio-economic development and civil society conditions in the United States are unlikely to improve in the foreseeable future.
Los Angeles, February 5 - Human Rights Alert (NGO) and Joseph Zernik, PhD, have filed a second request  with the US Congress for impeachment of US Judge Jed Rakoff and Clerk Ruby Krajick, both of the US District Court, Southern District of New York. [[i]] The request pertains to conduct of Judge Jed Rakoff and Clerk Ruby Krajick in litigation of Lindner v Amex (1:10-cv-02228), a Civil Rights matter.  Review of the records in the case shows that the case also directly pertains to corporate and banking regulation, or lack thereof, by the Securities and Exchange Commission.

The first request for impeachment of US Judge Jed Rakoff and Clerk Ruby Krajick was filed in December 2010, and pertained to conduct of US Judge Jed Rakoff and Clerk Ruby Krajick in litigation of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829), a Securities Fraud matter. [[ii],[iii] ,[iv],[v]]

The records and the reports from litigation of Lindner v Amex, [[vi]] document collusion by Judge Jed Rakoff, Clerk Ruby Krajick, and others in the conduct of pretense litigation: 

*         Summonses were listed as issued, but were not docketed, in apparent violation of Federal Rules of Civil Procedure. Summonses were listed in the docket in an invalid manner as executed, but other court records document that the court itself has never deemed the summonses as issued or served.  Access to the Summons, to inspect and to copy, is denied. Failure to serve summons should make the litigation invalid, and it should have been dismissed by the Court.  Fraud in issuance of summonses is common in the US courts today.

*         No assignment order for Judge Jed Rakoff, and no referral order for Magistrate Spenser Cott are found in the docket.  A judge with no assignment/referral order has no authority to preside and judge in a given case.

*         No court proceedings were conducted in the case, which was purportedly commenced in March 2010, and Plaintiff has been denied the right to conduct discovery in alleged violation of Due Process rights.

*         Entries were made in the docket by unnamed, unauthorized personnel.  Therefore, the docket as a whole should be considered invalid, false and deliberately misleading.

*         The docket demonstrates an arbitrary and capricious pattern of denial of public access to court records in apparent violation of First Amendment rights.

*         Public access to the Clerk's electronic certificates of authentication/attestation by the Clerk (NEFs - Notices of Electronic Filing) is denied. Court orders and judgments must be authenticated/attested by the Clerk in order to become valid and effectual court records. Absent access to the certificates, the People and also Plaintiff Lindner (who is not authorized to view such records either), are denied the right to distinguish, which of the records, which were published in the docket, are held by the Court itself as valid and effectual court records.  The request claims that it is likely that upon investigation it would be discovered that none of the purported orders in the case were electronically authenticated by the Clerk. Therefore, these orders are likely to be invalid.

Review of the case as a whole shows that numerous records have been meticulously generated, and a docket has been constructed and published online in a manner that would appear to the People and to pro se Plaintiff Lindner as if litigation is conducted in compliance with the law of the United States. In fact, upon careful examination, the records reveal litigation that has been conducted in a manner that is deliberately invalid from its start.

The pattern of conduct of Judge Jed Rakoff, Clerk Ruby Krajick in Lindner v Amex is similar to their conduct in SEC v Bank of America.   The request for impeachment claims that combined, the conduct of Judge Jed Rakoff, Clerk Ruby Krajick, and others in Lindner v Amex and SEC v Bank of America is likely to be sufficient for their prosecution for racketeering.

Both Lindner v Amex and SEC v Bank of America also demonstrate the ways in which PACER and CM/ECF (the public online and case management systems of the US courts) enable such conduct.  The US Congress has been called upon to perform its duties and initiate corrective actions. 

The request emphasized that the two cases, and other cases across the United States, document the key role of the US courts in undermining Banking Regulation and Civil Rights during the ongoing financial crisis. Like the Great Depression before it, the ongoing financial crisis is a system-wide integrity crisis in its essence.  Unless integrity of the justice system is restored, socio-economic development and civil society conditions in the United States are unlikely to improve in the foreseeable future. [[vii]]

The request was filed with Congressman Lamar Smith, and Senator Patrick Leahy, Chairs of the Committees on the Judiciary, Congressman Spencer Bachus and Senator Christopher Dodd, Chairs of the Banking Committees, and Congressman David Dreier, Chair of the House Rules Committee.

Notice was given to the Basel Committee on international banking and the United Nations Human Rights Council.
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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. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.

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LINKS                                                            [i] 11-02-05 Request No 2 for Impeachment of Judge JED RAKOFF Clerk RUBY KRAJICK, US District Court, Southern District of New York, in Re Conduct of Lindner v Amex (1:10-cv-02228) s
http://www.scribd.com/doc/48244479/
[ii] 11-01-10 Request No 1 for investigation/impeachment of US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, in re: Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/46616530/ 
[iii] 10-12-08 Request No 1 for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York, in re: Conduct ofSecurities and Exchange Commission v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/44908376/
[iv] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) - Pretense Litigation and Pretense Banking Regulation in the United States; filed in support of Request No 1 for impeachment of US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York
http://www.scribd.com/doc/44663232/
[v] 10-12-19 Addendum to Request No 1 for Investigation/impeachment of JUDGE RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, in re: Conduct of Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/45644678/
[vi] 11-02-05 Lindner v American Express Company (1:10-cv-02228) in the US District Court Southern District of New York: PACER records
http://www.scribd.com/doc/48212182/
[vii] 11-02-03 Stealing from the People: Corruption in the United States; the Big Feast: Banker, Judge, Civil Servant
http://www.scribd.com/doc/48090911/