The docket of the case made it evident all along that the case in the US District Court, Central District of California under Judge VIRGINIA PHILLIPS and Clerk TERRY NAFISI, amounted to Fraud on the Court. Now, Freedom of Information response by the US Department of Justice provides the definitive evidence - a simulated summons and a simulated judgment. Such Fraud on the US Courts from coast to coast has been typically reserved for cases, where the civil rights of individuals are abused to benefit banks, large corporations, and corrupt government officials. Apparently, Log Cabin Republicans got wealthy and influential enough to purchase Fraud on the Court through the services of a large banking law firm - Case & White, LLP. The case of Log Cabin Republicans is the first to document Fraud on the Court for the protection of civil rights...
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9th Circuit Court of Appeals: Judges WILLIAM CANBY, Jr, EDWARD LEAVY, ARTHUR L ALARCON, DIARMUID F O'SCANNLAIN, BARRY G SILVERMAN, Clerk of the Court MOLLY C DWYER
"Apparently, Log Cabin Republicans got wealthy and influential enough to purchase Fraud on the Court through the services of a large banking law firm - Case & White, LLP.," says Joseph Zernik, PhD, of Human Rights Alert (NGO), "Now we have the definitive proof, thanks to the Freedom of Information response by the US Department of Justice." Today, Human Rights Alert published the Freedom of Information Act (FOIA) response by the US Department of Justice. [1]
The FOIA response was substandard, yet it provided the definitive evidence of the conduct of simulated litigation in the US District Court, Southern District of California: [2]
- A simulated summons record, missing the seal of the court, required by US law. [3]
- A simulated, invalid authentication record (NEF) for the October 2010 Judgment by Judge VIRGINIA PHILLIPS, missing the Electronic Document Stamp, required by the General Order 08-02 of the US District Court, Central District of California. [4]
- Assignment Order for Judge GEORGE CHIAVELLI
- Assignment Order for Judge VIRGINIA PHILLIPS
- Authentication records (NEFs) for various Minutes and Orders by either Judges.
Human Rights Alert has previously published extensive documentation of the Fraud on the Court in the litigation of the case, based on the docket records themselves: [5]
- US Judges GEORGE SCHIAVELLI and VIRGINIA PHILLIPS appeared as Presiding Judges in the case, both with no Assignment Orders. Absent Assignment Order in a specific case, a US judge has no authority to adjudicate in the matter.
- In 2004 Judge SCHIAVELLI issued a judgment in the case, in favor of the United States. The judgment was listed in the PACER docket as “entered”, and was listed in the Judgment Index of the Court.
- Consequently, the case was deemed “closed” by court staff. However, access to the certification of the2004 judgment is denied.
- The 2004 Judge SCHIAVELLI “Judgment” was never overturned through an appeal, or any other judicial proceeding.
- In 2010 Judge PHILLIPS appeared in the case and issued the opposing judgment, in favor of the Log Cabin Republicans. The 2010 judgment was again listed in the docket as “entered”, but was not listed in the Judgment Index of the Court. Access to the certification of the 2004 judgment is denied as well.
- A docket was opened for the appeal by the US Court of Appeals Clerk MOLLY C DWYER from an uncertified judgment. The Clerk of the US Court of Appeals should have refused to open a docket from an uncertified judgment of the US District Court.
- The purported orders by the Circuit Judges in the Appeal are all unsigned records.
- The Court of Appeals, 9th Circuit denied a request for certification of the docket of the Appeal.
"Apparently, Log Cabin Republicans got wealthy and influential enough to purchase Fraud on the Court through the services of a large banking law firm - Case & White, LLP," says Dr Zernik
Judge VIRGINIA PHILLIPS is one of a series of California and US judges, who refused to answer on requests to disclose financial benefits to them, if any, by BANK OF AMERICA, while continuing to engage in Fraud on the Court in cases involving BANK OF AMERICA. [7]
Fraud on the Courts is typically reserved for cases, where the civil rights of individuals are abused to benefit banks, large corporations, and corrupt government officials. The case of Log Cabin Republicans is the first to document the same for the protection of civil rights.
Dr Zernik has previously published and presented evidence of the large-scale fraud in the US courts' records in an international computer science conference and in the 2010 World Criminology Congress. [8,9] Dr Zernik has also created an online archive of such fraudulent US court records from coast to coast. [10] Additional evidence was independently discovered by PROPUBLICA and published both by PROPUBLICA and the NATIONAL LAW JOURNAL. [11]
More recently, OCCUPY THE COURTS has focused on the role of the US courts in corruption of the US government and banking system under the current crisis. [12]
"I doubt that even the Occupiers realize how central the courts are to the current crisis," adds Dr Zernik,"The evidence suggests widespread bribing of state and US judges by the banks."
Similar conditions prevailed in the US courts a century ago, during the notorious Robber Baron Era, which led to the Great Depression. At that time, the US courts were described by the US Congress as "a burlesque". Consequently, laws were enacted by Congress to reform of the US courts. Both then and now, corruption of the offices of the Clerks of the Courts, who hold the duty to safeguard the integrity of the US courts' records, was central to the corruption. [13]
"The US has developed a simulated justice system," concludes Dr Zernik, "It is unlikely that the US would emerge from the current financial and constitutional crisis, unless corruption of the US courts is addressed."
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Joseph Zernik, PhD [14]____
LINKS:[1] 11-02-12 RE - Reply in Re - FOIA Response on Log Cabin Republicans v USA et al (2:04-cv-08425) in the US District Court, Central District of California s
http://www.scribd.com/doc/
- 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.
[3] US law, 28 USC 1691 requires:
All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the
clerk thereof.
[4] 08-02-00 US District Court Central District of California: General Order 08-02, Authorizing CM/ECF, Digital Authentication and Attestation in NEFs
http://www.scribd.com/doc/
12-03-08 The US Courts Engage in Large-Scale Fraud on the People
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Boycott the US presidential vote! It only legitimizes the illegitimate... 11-12-10 Where Should #Occupy Go Next? Civil Disobedience in the Footsteps of Thoreau and Gandhi!
http://www.scribd.com/doc/
Secede! The US in its current form is simply unmanageable...12-01-01 Secession - A Smart Business Move!
http://www.scribd.com/doc/
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 UN UPR report called upon the United States to stop executions, restore habeas corpus and close GITMO, abolish slavery, criminalize torture...
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Take away justice, then, and what are governments but great bandit bands?Saint Augustine, Civitas Dei (City of God,4.4)
_____________________________WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012)
http://www.scribd.com/doc/
* 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 CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?* "What goes on there is more like gulags of centuries ago."ACLUhttp://www.scribd.com/doc/
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/
