Los Angeles, October 14 – Human Rights Alert (NGO) has filed requests with Senator Patrick Leahy and the Senate’s Judiciary Committee for review of the evidence of large-scale fraud in the electronic records systems of the US courts (PACER and CM/ECF). [[i]] Included in the charges of the Senate Judiciary Committee are oversight of the Department of Justice, and consideration of petitions and messages, pertaining to “civil liberties, federal courts and judges, government information, and judicial proceedings, civil and criminal, generally.” [[ii]]
The US courts and US Department of Justice have refused to address the evidence of fraud in the US courts; computer science and criminology scholars found it of merit.
The current request is the latest in a series of efforts to address conditions in the US courts through US authorities:
- Dr Zernik has previously brought the issue for review before the 9th Circuit Court of Appeals and before the US Supreme Court. [[iii],[iv]] The 9th Circuit Court of Appeals refused to review the matter, and the US Supreme Court “returned” the papers, which were duly filed. [[v]]
- In July 2011, William Windsor of LawlessAmerica.com and Dr Zernik filed a request with US Attorney General Eric Holder to review the integrity, or lack thereof, in the US courts’ electronic records. [[vi]] The Attorney General has failed to respond.
- In October 2011, Human Rights Alert filed a request for review of the integrity of the systems by the American Bar Association. [[vii]]
Charade in the courts through the online publication of null and void orders and judgments
“The US courts routinely conduct simulated litigation in cases, where individuals seek protection of their rights,” says Joseph Zernik, PhD, of Human Rights Alert. [[x]]
Simulated litigation is a charade, where the performers - judges, clerks, and attorneys - know that the court’s orders and judgments are null and void, but the parties and the public at large are deceived to believe that valid litigation is conducted pursuant to the law of the United States.
Such fraud is probably as old as the courts themselves. Over centuries, court procedures and the offices of the clerks have evolved to prevent this type of deceit. However, such safeguards were undermined, when US courts introduced their electronic record systems with no adequate public oversight. In particular, the valid form of electronic certification and authentication of court orders and judgments was left vague and ambiguous.
As a result, today, the public falsely believes that any order or judgment, which is published in the online dockets of the US courts, is a valid judicial record. In fact, many of the orders and judgments, which are publish online, are considered null and void by the US courts themselves. Moreover, the courts also routinely deny public access to the court’s electronic authentication records in alleged violation of First Amendment rights. [[xi]]
Unless the US courts are reformed, the US is unlikely to emerge from the current crisis.
The typical beneficiaries of the fraud in the US courts are corrupt government officers, corrupt financial institutions and large corporations, and corrupt law firms. [[xii],[xiii]]
“The US is in midst of a financial and constitutional crisis. The US is unlikely to emerge from the crisis, unless the US courts are reformed,” says Dr Zernik. [[xiv]]
Regardless of ample evidence of criminality underlying the financial crisis, none of the perpetrators has been convicted so far. [[xv]]
During the Robber Baron Era (late 19th century - early 20th century) the US courts were described in the US Congress as “a burlesque and a sham.” Emerging from that dark period coincided with major reform of the US courts in the early 20th century. [[xvi]]
There is no way to restore honest and effective banking and corporate regulation in the United States under conditions that today prevail in the US courts. [[xvii]]
Joseph Zernik, PhD
Human Rights Alert (NGO)The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.” [[xviii]]
LINKS:
[i] 11-10-11 Seeking Review by ABA of the Electronic Record Systems of the US Courts-s
http://www.scribd.com/doc/
[ii] United States Committee on the Judiciary, Committee Jurisdiction
http://judiciary.senate.gov/
[iii] 11-01-08 Press Release: ‘Don’t Ask Don’t Tell' in the US Court of Appeals, 9th Circuit - Motion to Intervene, Requesting the US Court of Appeals to Dismiss the Appeals from an Uncertified Judgment, was Posted in the Docket, is Now Pending before the Court-s
http://www.scribd.com/doc/
[iv] 10-04-20 Motion to Intervene and related papers in Fine v Sheriff (09-A827) in the US Supreme Court
http://www.scribd.com/doc/
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[v] 10-07-01 Complaint against US Supreme Court Counsel Danny Bickell for Alleged Public Corruption and Deprivation of Rights
http://www.scribd.com/doc/
[vi] 11-07-06 Request filed by Windsor and Zernik with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts
http://www.scribd.com/doc/
[vii] 11-10-13 Requesting Senator Leahy, Chair of the Senate Judiciary Committee to Initiate Review of Evidence of Large-scale Fraud in the Electronic Record Systems of the US Courts
http://www.scribd.com/doc/
[viii] 10-08-18 Zernik, J: Data Mining as a Civic Duty – Online Public Prisoners’ Registration Systems, International Journal on Social Media: Monitoring, Measurement, Mining 1: 84-96 (2010)
http://www.scribd.com/doc/
10-08-18 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/
[ix] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
http://www.scribd.com/doc/
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[x] Simulated Litigation here refers to cases, where the evidence shows conduct defined in the Texas Criminal Code as follows:
- Texas Penal Code §32.48. SIMULATING LEGAL PROCESS.
- (a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
- (1) induce payment of a claim from another person; or
- (2) cause another to:
- (A) submit to the putative authority of the document; or
- (B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
- (b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[xi] 11-05-20 NEF (Notice of Electronic Filing) in the US Courts Electronic Filing System (CM/ECF)
http://www.scribd.com/doc/
[xii] 11-10-10 Inspector General for the US Judiciary? Congress needs to start impeachments instead!
http://www.scribd.com/doc/
[xiii] [1] 10-12-05 Press Release: Request for investigation, impeachment proceedings where appropriate, in re: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, and US Magistrate CARLA WOEHRLE for conduct, which undermined Banking Regulation and/or Human Rights in the United States s
http://www.scribd.com/doc/
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Evidence of Another Pretense Litigation by Judge Virginia Phillips
http://www.scribd.com/doc/
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[11] 11-01-10 Request for investigation/impeachment proceedings, in re: US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829) s
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[19] 11-06-20 Impeachments Investigation of Judge John Walter, Magistrate Carla Woehrle, Clerk Terry Nafisi, and others in the US District Court, Central District of California, in re: Fine v State Bar (2:10-cv-00048)
http://www.scribd.com/doc/
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[xiv] 11-06-14 Corruption of the Courts and Failing Banking Regulation in the United States: Dred Scott redux?
http://www.scribd.com/doc/
11-06-24 Time Magazine - 4th of July Issue: Does the Constitution Still Matter?
http://www.scribd.com/doc/
[xv] 11-04-21 "In Financial Crisis, No Prosecutions of Top Figures" - Because of widespread corruption of the justice system, they are effectively immune…
http://www.scribd.com/doc/
"...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." Prof Paul Krugman, MIT (2011)
http://www.scribd.com/doc/
[xvi] 02-00-00 Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
http://www.scribd.com/doc/
[xvii] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
http://www.scribd.com/doc/
[xviii] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California".
http://www.scribd.com/doc/
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Human Rights Alert (NGO)The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations, was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report, with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
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WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?* Foreclosure fraud: The homeowner nightmares continueCNN (April 7, 2011)
* About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." http://www.scribd.com/doc/
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...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/
* "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/
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS 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 (2010)
http://www.nlada.net/library/
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WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/
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