Aharon Barak - the most corrupt judge in Israel's history; California Court o Appeal, 2nd District, Los Angeles - leading center of real estate and mortage fraud.
Following is another parallel between the core of judicial corruption in the US and Israel - adulteration of the law, to increase uncertainty in established matters, and thereby increase judicial power and corruption.
ISRAEL:
When I ask attorneys, who was the most corrupt judge in Israel's history, they most of the times name former Preisiding Justice of the Supreme Court Aharon Barak (also affiliated with Yale Law School...Visitng Professor...). I came to the same conclusion by studying the electronic records of the Supreme Court of the State of Israel over the past 20 years.
When I ask attorneys to provide an example for corrupt decisions of Aharon Barak, the classic example is the Apropim Ruling.
And that is what Wikipedia, the government propaganda organ says on the subject:
Apropim Ruling
Apropim Ruling is a ruling of the Supreme Court [of Israel], issued on April 6. 1995, which was a landmark in contract interpretation in Israeli law.
Justice Aharon Barak [then newly appointed Presiding Justice - jz] ruled, in what became a binding precedent, that Article 25 to the Contract Law (1973), does not require interpretation of contracts in two steps (first - examining the language of the contract, and later, if necessary - examination of the external circumstances), but in a one step manner, whose purpose is to assess the positions of the parties by examining the contract language and the external circumstances simulataneously.
"In contract interpretation, one must investigate the true joint intention of the parties, without being limited to phrases or expressions that were used [in the contract-jz]. In the conflict between the language of the contract and the intention of its makers - the latter holds the upper hand."
Critics claimed that the ruling undermined the principles of commercial and legal certainty in relationship to contract interpretation.In January 2011, the Knesset [parliament -jz] passed an amendment to the Contract Law that was meant to overturn the Apropim Ruling and increase legal certainty, but time will pass untill judicial interpretation of the amendment will be formulated.
In short: Aharon Barak, with a stroke of the pen, undermined commercial contracts, by creating conditions where a lying witness and a corrupt judge can generate almost any desireable outcome from a given contract, regardless of its explicit language. The legistlative action was needed, because the ruling was claimed to have a chlling effect on commerce.
United States: California Court of Appeal, 2nd District, Los Angeles
Los Angeles was recognized by FBI already in the early 2000s as "The epicenter of epidemic of real esate and mortgage fraud", which hatched the financial and "foreclosure crisis".
The Los Angeles courts were the leading cause of such conditions. By the mid 2000s, no attorney in Los Angeles dared to argue fraud in real estate matters in the Los Angeles courts, for fear of retaliation by the judges...
Key ruling in this matter was in the published opinion of the appeal in Galdjie v Darwish.
In it, the California Court of Appeal, 2nd District ruled that verbal modification of written real estate contract are permitted.
With it, the California Court of Appeal, 2nd District undermined the hundreds year old Statute of Frauds, and undermined certainty in real estate transactions. Conditions were created, where a lying witness and a corrupt judge can generate almost any desireable outcome from a given contract, regardless of its explicit language.
It should be noted that the appeal in Galdjie v Darwish was part of extensive simulated litiagaion, which lasted from 1998-2006, where three appeals were taken from no appealable order or jugment.
LINKS:
08-07-23 Galdjie v Darwish (SC052737) at the Los Angeles Superior Court - Case Summary (not a formal court record) as printed from the online public access system
10-07-22 Complaint filed with US Attorney Office against the California Court of Appeal,2nd District, in Re: Public Corruption, racketeering, in Galdjie v Darwish
10-02-13 Galdjie v Darwish (SC052737) at the Superior Court of California, County of Los Angeles: Alleged racketeering by judges and attorneys in Los Angeles, California - Requesting Jerry Brown's comments
10-07-19 Complaint filed with US Attorney Office against Judge John Segal, Clerk John Clarke, Attorney David Pasternak, Los Angeles Superior Court - in Re: Public Corruption in Galdjie v Darwish (SC052737) - real estate fraud by the court
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