13-05-24 What is Due Process? Judicial corruption in Israel

From an online discussion group:

Since the below does not pertain to the state or US courts, perhaps it could facilitate the ongoing philosophical discussion:

WHAT IS DUE PROCESS...

   
The Haifa beach is one of the formative places in my education... and one of my favorite places in Israel. 

Judge Esperanza Alon, Haifa Magistrate Court - Master of the "Mystical secrets of court procedures"

Recently, against my will, I was dragged into reviewing the conduct of the Haifa magistrate court. If judicial corruption in the Tel Aviv courts is the Israeli equivalent of NYC or LA, corruption in Haifa seems to be more along the lines of Riverside or San Bernardino, California - brazen and unsophisticated.  I had to review the conduct of the Haifa Magistrate court in a conservatorship case. (I have not attended any court proceeding in this matter, only reviewed the papers)

In a matter before the Haifa Magistrate court, Judge Esperanza Alon:

1) Changed the case file number with no explanation. (falsification of the Index - the #1 Book of Court, defining any court derived from the English common law).

2) Then scheduled a hearing on a motion, filed under the new case file number, under a court calendar slot, scheduled under the old file number. (falsification of the Calendar - the #2 Book of Court, defining any court derived from the English common law).

3) Changed from time to time the names of parties in both case file numbers with no explanation at all. 

4) Issued a protocol (equivalent of minutes) which failed to correctly name those present in court at the proceeding, and refused to correct it when given notice.

5) Purported to summon me to court under both case file numbers, albeit, with no lawful summons in either court file number. (I refuse to enter a court of this nature in this manner).

6) Issued two different and contradictory decision papers (unsigned, unauthenticated) in one of the court file numbers.  Attorney claims that decision paper A is the "corrected" and valid decision in the matter.  A person from the court (who holds no lawful authority) issued a letter, explaining that only decision paper B is the "corrected" and valid decision in the matter. The Chief Clerk refuses to certify either A or B "True Copy of the Original". The judge herself remains mute on the matter of the two contradictory decision papers.

When asked to respond on her conduct overall, which I claimed in a paper, which I filed, to be indicative of obstruction of justice and white collar criminal conduct, Judge Alon only states in yet another "decision" paper that "a person, who is not a legal scholar, would find it difficult... to understand the mystical secrets of court procedures."

Additional tidbits: 

1) The Chief Clerk in the Haifa Magistrate Court occupies his office with no lawful appointment record.

2) The same judge, who claims that I am a party in one of the two court files, but not the other, continues to deny my access to the fundamental records in both court files, such as names of parties, attorneys, and case calendars.

3) In Israel, access to court papers is generally denied, even in civil, unsealed cases.  The public is entitled to see only selected decisions. (no First Amendment/ common law right "to access court records to inspect and to copy").  

4) The current electronic systems in all courts in Israel - from the magistrate courts to the Supreme Court, have no dockets at all... which means that if a judge decides to eliminate papers from the electronic files, there is no record of it later.

JZ

P.S. translating court papers is extremely time consuming, but I have a few links to share in this matter. 

LINKS:

13-03-17 In RE: RSZ (25607-03-13) in the Haifa Magistrate Court - Three (3) falsified decision records / simulated service of process, received by certified mail from the Clerk of the Court and from Attorney Amos Sadika

http://www.scribd.com/doc/132872623/

me (Joseph Zernik, Human Rights Alert (NGO) change)

12:35 PM (26 minutes ago)

I did not want to overload the main line of the story, and left some sides for second dish...

Regarding, "A person from the court (who holds no lawful authority) issued a letter". below:

My letter regarding the two different and contradictory order records issued by Judge Esperranza Alon, was addressed to the "Chief Clerk:" The response letter was issued by an "Area Administrator, of unknown authority, on what is likely to be a falsified State of Israel letterhead - missing any named State unit under the "State of Israel" at the top.

me (Joseph Zernik, Human Rights Alert (NGO) change)

1:01 PM (1 minute ago)

Now, once we try to get a bit academic on it, and when it does not pertain to the state and US courts, one could easily classify various types of falsifications of court records, that are typically employed in perpetrating fraud on the court.  In the example from Judge Esperaza Alon, Haifa Magistrate Court, one could classify:

1) Falsification of Index of All Cases

2) Falsification of the Calendar of the Court

3) Falsification of the identity of those who participated in proceedings in Protocol/Minutes

4) Falsification of legal authorities, or lack thereof, among employees of the courthouse.  

5) Falsification of decision records

6) Falsification related to signature of judge/lack thereof

7) Falsification related to authentication by the Office of the Clerk/lack thereof

8) Falsification of service procedure

9) Ex parte communications

10) Shell game fraud - through denial of access to court file records on a person, purported to be party in court action. 

Etc, etc

CLASS HOMEWORK:

For each of the fraud methods above, please provide a documented example from a court of the United States or one of the several states, with adequate documentation.

I could easily, upon request, provide examples for each of these in a state or a US court, moreover, We could also become more detailed and differentiated on some of these basic types, given the large database from american courts.

TAKE HOME MESSAGE

Through unlawful, unauthorized implementation of fraudulent computerized record systems, the judiciary managed to undo hundreds of years of court procedures, particularly those that pertaining to the authority, duties and obligations of the Office of the Clerk, that were put in place to curb judicial corruption. 

jz

P.S. 

CORRUPTION OF THE COURTS AND CORRUPTION OF THE BANKING SYSTEM - TWINS SEPARATED AT BIRTH

For some unknown reasons, corruption of the courts and corruption of the banking system are closely related in Israel (and also in the United States). 

One could construct similar academic charts for sub-prime mortgage approval process, and the necessary legal authorities and signatures.  It was part of my January 2007 report to FBI LA on Countrywide, which claimed fraud on the US taxpayer in hundred of billions of dollars. 

By March 2007 I got a death threat from Countywide.

And Countrywide (later under Bank of America), with direct involvement of the office of Brian Moynihan, continued to harass me through the courts till 2010 in retaliation. Disclaimer: I had no account in Countrywide, no mortgage service, no business relations.  At the time that I started studying their mortgage procedures, December 2006, was a month or two after I first heard the name "Countrywide". 

In January 2008 Countrywide collapsed, in one of the opening shots of the current New Depression.

In general, one could observe that Countrywide, under Chief Legal Officer Sandor Samuels "streamlined" the mortgage approval procedures, as their claim to fame.  The key to the streamlining was in undermining the integrity of the application submission, underwriting, approval process. 

Simultaneously, Countrywide "streamlined" its legal practices in the courts, as clearly described in Judge Jeff Bohm March 2008 Opinion, based in part on a year long study by the US Trustee of Countrywide's conduct in the courts.

Clearly, by then Countrywide was undermining the integrity of state and US courts from coast to coast from several years, with the vast majority of judges complaint, Bohm being the exception.

That Opinion should also be considered a landmark, in clearly defining the falsification of authority by unauthorized attorneys as Counsel of Record, while operating under "no communication with client" clause.

The latter technique is used also in Israel, but it was like others, defined and refined in the US...

LINKS:

[1] 08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme s

http://www.scribd.com/doc/25001966/