12-07-20 "Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation," Data Analytics - in press

Through fraud and corruption in the US courts, bankers are permitted to loot the People of the United States
   SEC Chair Mary Schapiro, US Judge Jed Rakoff, Bank of America President Brian Moynihan
 Los Angeles and Jerusalem, July 20 ­ The current report is based on data mining of the information systems of the US courts – PACER (Public Access to Court Electronic Records) and CM/ECF (Case Management/Electronic Court Filing), and a case study of landmark litigation under the current financial crisis: Securities and Exchange Commission v Bank of America Corporation (2009-10).  The case originated in the unlawful taking of $5.8 billions by banking executives, and concluded with the executives never returning the funds to the stockholders and no individual being held accountable.  The case was covered numerous times by major US and world media.

Data mining of records of the US courts from coast to coast reveals built-in deficiencies in validity and integrity of the PACER and CM/ECF. The case study documents missing and invalid litigation records, leading to the conclusion that the case as a whole amounts to simulated litigation.

A number of corrective measures are outlined, including publicly and legally accountable functional logic verification of PACER and CM/ECF, and correction of the defective signature and authentication procedures now implemented in the systems.  Information systems and data mining experts face a unique duty in safeguarding the integrity of the courts, human rights, and civil societies in the digital era.

Keywords- e-Courts; e-Government; United States, Banking Regulation
 
Figure 4: Summons as Issued by the Clerk of the Court, and as executed:

• The US law requires that the summons be included in the docket.  The US District Court failed to docket the summons. 
• The US law requires that the summons be a public record.  The US District Court refused to permit public access to the summons and other records in this case. 
• The US law requires that the summons bear the signature of the Clerk of the Court and the Seal of the Court. The US law deems failure to have summons issues, bearing both the signature of the Clerk of the Court and the Seal of the Court a fatal defect, invalidating the litigation. The summons is unsigned, and fails to show the seal of the court.

The record was obtained through Freedom of Information Act response.)




Figure 1.    Two entries from the online PACER Docket of SEC v BAC (1:09-cv-06829) in the US District Court, Southern District of New York.  The January 12, 2010 entry includes a Docket Number and a link to an actual record. The January 19, 2010 entry has no Docket Number designated, and no link to any record. Therefore, no court record exists for the latter entry. Moreover, given the design of the NEFs (Notices of Electronic Filing), even had the respective record existed somewhere, it couldn’t possibly have been authenticated, and therefore, would have been an invalid court record.  Therefore, the multiple entries in the docket of this case, where no Docket Number and links are provided, should be deemed false and deliberately misleading docket notations.

READ MORE:[1]12-05-24 Zernik, J:Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation, Data Analytics - in press
http://www.scribd.com/doc/100623333/

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Anonymous recommends flying the flag upside down, a traditional signal of distress...
Boycott the US presidential vote! It only legitimizes the illegitimate... 12-04-15 2012 Presidential election votes will be counted in Spain
http://www.scribd.com/doc/89464081/Occupy! 11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// www.scribd.com/doc/75348301/12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisis
http://www.scribd.com/doc/96504009/Get Up, stand up, stand up for your rights! Get Up, stand up, don't give up the fight! _______
Joseph Zernik, PhDHuman Rights Alert (NGO)  
* The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations, regarding the United States, 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 2012 submission of Human Rights Alert to the HRC regarding the State of Israel, titled "Integrity or lack thereof, of the electronic record systems of the courts of the State of Israel," is scheduled for review in early 2013.
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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/79572282/* 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 about6 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/50753639/Prof Paul Krugman, MIT (2011)
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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/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 (2001) http://www.scribd.com/doc/27433920/* "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 /_____________________________
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/38566837/_____________________________
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/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
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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/72546279/_____________________________
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/49586436/_____________________________
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/50137887/_____________________________
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/38472251/____________________________

12-07-20 "Integrity, of lack thereof, of the electronic record systems of the courts of the State of Israel ," Data Analytics - in press

Fraudulent electronic record systems, which have been implemented in Israel courts over the past decade, are a sure recipe for abuse of Human Rights and failing banking regulation.

 
Former Presiding Justices of the Supreme Court of the State of Israel Aharon Barak and Dorit Beinisch, under their tenures, integrity of the courts of the State of Israel was profoundly undermined.
 Jerusalem and Los Angeles, July 20 - the Human Rights Alert (NGO) submission for the Universal Periodic Review of Human Rights in Israel, filed in May 2012, is probably a first - being narrowly focused on integrity, or lack thereof, of the electronic record systems of the Supreme Court, district courts, and the detainees' courts of the State of Israel.  The underlying research is primarily based on data mining of the online public records of the courts.

Supreme Court: On or about March 2002, integrity of the electronic records was seriously compromised.  Around that date, increased irregularity is seen in certification authorities and numerous falsified decision records were discovered.  Today, all electronic records are published with no certification at all, "subject to editing and phrasing changes".  False and deliberately misleading certifications of decisions of the Supreme Court, which were recently issued by the office of the Chief Clerk, were also discovered.  The Administration of Courts also refused to produce the appointment record of the current Chief Clerk, if any existed.

District Courts:  The publicly accessible records were found invalid, primarily for failure to display visible, reliable digital signatures of judges and authentication records by clerks.  The State Ombudsman's Report 60b (2010) details various apparent violations of the law in development and implementation of the system.

Detainees Courts:  The insecure, unsigned decisions of the detainees courts, often created long time after the dates of the hearings, could not possibly be considered valid legal records.  The detainees ID numbers show suspicious discontinuities and failure to correlate with time of issuance.  Media reported the conduct of simulated hearing, and issuance of simulated decision in one of the courts. The Israeli Ministry of Justice refused to answer on Freedom of Information request, pertaining to the names and locations of such courts.  The results should raise concerns regarding establishment of "black hole" prisons and "field courts".

Electronic Signature Act (2001): The evidence shows that the Ministry of Justice of the State of Israel has deliberately undermined the implementation and enforcement of the Act over the past decade, and with it, the integrity of legal and financial records of the State of Israel.  The Ministry of Justice also refused to produce the appointment record of the current Registrar of Certifying Authorities, if any existed.

The findings hold serious implications relative to local socio-economic trends, banking regulation, and the Israeli-Palestinian conflict.  The findings should also require reassessment of any faith and credit, which may be given to legal public records originating in the courts of the State of Israel by other nations, including, but not limited to those, who are parties to the Hague Convention (1961).

The Human Rights Alert submission recommends:

1.     The electronic records systems of the courts should be examined, repaired, and validated by Israeli computing and legal experts, under accountability to the legislature.

2.     A Truth and Reconciliation Commission should be established relative to conduct of members of the judiciary and the legal profession, who were involved in undermining the integrity of the systems; 

3.     No court of any nation should be permitted to develop and implement its own electronic record systems.

Keywords- e-courts; e-government; information systems; logic verification; authentication; digital signatures
READ MORE:[1]12-05-24 Zernik, J:Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation, Data Analytics - in press
http://www.scribd.com/doc/100623333/

   
Figure 1: Changes in the Supreme Court Clerk's certifications of electronic decisions: (a) Until early 2002, all electronic decisions of the Supreme Court carried certification by the late Chief Clerk Shmaryahu Cohen.  (b) Since 2003, none of the electronic decision records carries any certification, or any reference to the Office of the Clerk.  Instead they carry a disclaimer "subject to editing and phrasing changes", and reference to an "Information Center", which has no foundation in the law.  The Administration of Courts refuses to disclose the legal foundation for such profound change in the records of the Supreme Court in 2001-2003.  
Figure 2.  The Decision, in Judith Franco Sidi et al v Authority pursuant to the Persons Disabled by Nazi Persecutions Act (1582/02) in the Supreme Court in part says:

Issued this date, February 14, 2007

Boaz Okon

Registrar

_________

This version is subject to editing and phrasing changes.

Shmaryahu Cohen - Chief Clerk

In the Supreme Court an information center is operated, Tel: 02-6750444

The Court is open to comments and suggestions: pniot@supreme.court.gov.il

The courts' web site: www.court.gov.il

By February 2007, Boaz Okon was no longer Registrar of the Supreme Court, and Shmaryahu Cohen was dead for about five years. Numerous other records of the same nature were discovered.

   
Figure 4.  Lack of integrity in Detainees' ID Numbers:  The lack of correlation between dates of issuance and Detainee Numbers, and the apparent discontinuity in record numbers, should be deemed a fundamental failure of integrity of the Detainees Courts electronic record system. (See the raw data at Table 3 in the complete Detainees Court report).  Only a selection of the Detainees Courts records is published online, as insecure Word files, most of which were created a long time after the fact (at times - years).  The Ministry of Justice refuses to disclose, how many Detainees Courts are operating in the State of Israel, their names and locations, and the names of the Chief Clerks, if any exist.  Combined, the findings should raise concern that "black hole" prisons and makeshift "field courts" have been established.

_______
Joseph Zernik, PhDHuman Rights Alert (NGO)
* The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations, regarding the United States, 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 2012 submission of Human Rights Alert to the HRC regarding the State of Israel, titled "Integrity or lack thereof, of the electronic record systems of the courts of the State of Israel," is scheduled for review in early 2013.
Human Rights Alert online 
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_____________________________

12-07-19 Cordoba, Spain Demonstration

Occupy Spain
Cordoba 19J, 2012