Wednesday, March 15, 2017

Complaint filed with Shin-Bet Head: Electronic signatures in the courts - subversion of the foundations of a democratic regime

Complaint filed with Shin-Bet Head: Electronic signatures in the courts - subversion of the foundations of a democratic regime

Senior judges and attorneys have engaged over the past decade in subversion of the foundations of the democratic regime through fraudulent implementation of e-signatures in the courts, complaint to the Shin-Bet alleges. The Shin-Bet was recently instrumental in exposing IT system related fraud in the Central Election Committee.
    
Figures: Central figures in subversion of democratic regimes, according to the complaint to Shin-Bet Head are senior judges, who were involved in development, implementation and operation of Net-HaMishpat case management system in the courts: Presiding Justice (ret) Aharon Barak, Directors of Administration of the Courts Boaz Okon (ret), Moshe Gal (ret), and Michael Spitzer
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OccupyTLV, March 15 - complaint has been filed today with Shin-Bet Head Nadav Argaman against senior judges and the Israel Bar Association officers. The complaint alleges that such law figures have engaged over the past decade in subversion of the foundations of procedures and institutions of the democratic regime.
According to the Shin-Bet Act (2002): "The Shin-Bet is charged with the safeguard of State security, procedures and institutions of the democratic regime against threats of terror, sabotage and subversion…"

Alleged fraud in implementation of the Electronic Signature Act in the courts
The complaint is focused on the fraud in implementation of the Electronic Signature Act (2001) in Net-HaMishpat (case management system of the courts), and the manner in which such system permits judges to easily perpetrate fraud on the bench. The complaint names Presiding Justice (ret) Aharon Barak and three successive Directors of the Administration of Courts as key figures in such conduct.
Aharon Barak is a well known figure in the US. In Israel Barak is hailed, at least by some, as a great jurist and a constitutional reformer. On the other hand, Judges Richard Posner and Robert Bork were surprisingly unanimous in sharing a view of Barak as a “despot”, or “judicial hubris” world champion… [1] Justice Elena Kagan named Aharon Barak a role model in her confirmation hearing, stirring controversy. [2]

Judge Varda Alshech and the “Fabricated Protocols” scandal
The case, which is best publicly known, pertaining to perversion of court records, is the Judge Varda Alshech "Fabricated Protocols" scandal (2011-2013). Less than two years after implementation of Net-HaMishpat in the courts, senior Judge Varda Alshech was caught faking electronic court records. She was never held accountable. With it, the standard was established, the Israeli judges are unaccountable for such conduct, which should be deemed serious criminality, not covered by any judicial immunity. Moreover, judges, attorneys – most notably the Israel Bar Association - and the media have never informed the public regarding the full implications of the scandal, relative to lack of integrity in Net-MaMishpat and electronic court records.

   

Figures: Head of the Israel Bar Association, Attorney Effi Naveh, and the Israel Bar Association are also named as central to the fraud in Net-HaMishpat. 
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The Israel Bar Association was central party in the case, originating in fabrication of electronically unsigned, invalid court records, which were fraudulently presented as the basis for semi-criminal ethics complaint against Attorney Rafael Argaz, filed by the Administration of Courts on behalf of Judge Varda Alshech. [3]

The Israel Bar had to be cognizant of the full scope of the fraud. However, later the Bar initiated no corrective actions. Moreover, the Israel Bar Association acts as a subsidiary and/or an agency, issuing certified electronic signatures to its members for use in Net-HaMishpat system. Therefore, there is no way that senior figures in the Bar are not familiar with the fraudulent implementation of the Electronic Signature Act in Net-HaMishpat.


FigureProtest sign in support of Roman Zadorov. It is the most notorious case among the cases, which are presented in the complaint as examples of fraud by judges in Net-HaMishpat – case management system of the Israel courts.
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Conduct of fake/simulated murder trial on Roman Zadorov
Among the cases, which are provided in the complaint as examples of fraud in Net-HaMishpat records, the most notorious is the fraud by Judges Yitzhak Cohen, Esther Hellman, and Haim Galpaz in fabricating the murder "Verdict" and "Sentencing" records in Roman Zadorov's trial in 2010 in the Nazareth District Court.

Regarding Roman Zadorov’s conviction, a senior criminal law professor wrote: “Conviction with no real evidence”. Another senior professor wrote: “Conduct of the prosecution in the Zadorov file is scary… and when you add to it the position of the Supreme Court and the Attorney General in recent years, we are left with a justice system, which is primarily defending itself.” [4] 
 
Figures: The Shin-Bet Act (2002) charges the Shin-Bet, today headed by Nadav Argaman with the safeguard of procedures and institutions of the democratic regime against threats of terror, sabotage and subversion...
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Shin-Bet implicated the Central Election Committee in computer fraud
Previous inquiries with the Shin-Bet Head pertained to fraud in IT systems of the Central Election Committee and in the Committee's response on a Freedom of Information Act request regarding lawful validation and certification of its IT systems. The Committee falsely stated in its response that the Shin-Bet validated and certified its systems. The Shin-Bet, on the other hand, did not hesitate to expose the falsehood of such response by the Committee. [5]
It should be noted that also in the Central Election Committee, the top figures are senior judges and attorneys…

Lack of integrity of Israeli court records was noted by the UN Human Rights Council
Already the 2013 UN Human Rights Council Professional Staff Report included a note regarding: "Lack of integrity in electronic record systems of the Supreme Court, the District Courts and the Detainees' Courts in Israel".  The statement was based on the Human Rights Alert -NGO submission.  Such submission was primarily based at the time on system analysis and data mining. The findings raise doubt that Israeli courts can be considered competent Courts of Record any longer.
The novelty in the complaint, filed today, was the documentation of a series of case studies, fully supporting the same conclusions, and further provide details of the manner in which such systems are employed to pervert justice.
With rampant government corruption, with the justice system at its crux, conditions in Israel today should be deemed a constitutional crisis in a nation with no constitution.

US court records are likewise afflicted today
Case management systems of the Israel courts are not original in the fraudulence:
  • The Human Rights Alert submission regarding the United States was incorporated into the  the 2010 UN Human Rights Council Professional Staff Report with the note: “Corruption of the courts and the legal profession and discrimination by law enforcement in California”. The submission was  in part based on documenting the fraud in Sustain - case management and public access system of the LA County courts.
  • The Human Rights Alert submission regarding the United States was incorporated into the  the 2015 UN Human Rights Council Professional Staff Report with the note: “HRA NGO recommended restoring the integrity of the IT systems of the courts, under accountability to the Congress, with the goal of making such systems as transparent as possible to the public at large.” The submission was largely based on documenting the fraud in PACER and CM/ECF - public access and case management systems of the US district and appeal courts.
The lack of integrity in US courts was particularly noted by experts in relationship to failing banking regulation and massive fraud in the courts in the wake of the 2008 banking crisis. One expert stated, “it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." [6]

Following is the complaint letter, filed today with Shin-Bet Head Nadav Argaman:

March 15, 2017
Nadav Argaman, Head of Shin-Bet
Prime Minister's Office, Ben Gurion City, Building C
Jerusalem 91950
By fax: 02-5605000, and by email:  
RE: Complaint against judges and attorneys – electronic signatures in Net-HaMishpat – sabotage and subversion of the fundamental of democratic procedures and institutions
Your response within 45 days is kindly requested pursuant to the Administrative Procedure Reform Act (1958).
Dear Mr Argaman:
Thank you very much for your responses on my previous inquiries, pertaining to lack of integrity and/or fraud in IT systems of the Central Election Committee and in the Committee’s response on a FOIA request relative to such systems.
Consequently, please accept the attached complaint against judges and attorneys, pertaining to electronic signatures in Net-HaMishpat – IT system of the district, magistrate and other courts. [7]
The Shin-Bet Act (2002), Article 7(a) says:
The Shin-Bet is charged with the safeguard of State security, procedures and institutions of the democratic regime against threats of terror, sabotage, and subversion…
The attached complaint alleges that Net-HaMishpat system is in fact large-scale fraud on the people of the State of Israel. Fraud of this type is known by experts as “Shell Game Fraud” or “Confidence Trick”. Therefore, the conduct, which is detailed in the attached complaint - as well as development, implementation and operation of Net-HaMishpat system - should be deemed sabotage and subversion of the fundamentals of procedures and institutions of the democratic regime.
Central figures in this matter are:
a) Directors of the Office of Administration of Courts – Judges Boaz Okon (ret), Moshe Gal (ret), and Michael Spitzer.
b) Presiding Justice (ret) Aharon Barak
c) Leaders of the Israel Bar Association during the corresponding period, particularly Attorney Effi Naveh.
The attached complaint is filed today also with Ombudsman of the Judiciary. However, as indicated in the complaint itself, the clear concern is that the Ombudsman of the Judiciary is tainted by conflicts of interest in this mater, and would not be ready, willing, able to duly address such complaint.
For brevity’s sake, the attached complaint addresses only key points and provides only a few examples. Substantial additional information in this matter in my possession is available, and I would be glad to assist, if requested.
I hope and expect that the Shin-Bet perform its duties by law and safeguard procedures and institutions of the democratic regime against such subversive elements.
Truly,
Joseph Zernik, PhD
Human Rights Alert (NGO)
OccupyTLV 
CCComputing experts, legal scholars,activists, wide distribution 

LINKS:
[1] 2007-04-23 Posner, R. “Enlightened Despot” New Republic
[2]2010-06-24 Stolberg, S. “Praise for an Israeli Judge Drives Criticism of Kagan” NYT
[3] 2012-05-31 Israel Bar Association Complaint and Ombudsman of the Judiciary Decision (12/88/Tel-Aviv District) in the Judge Varda Alshech “Fabricated Protocols” scandal [with English translation]
[4] 2016-07-12 Zernik, J. “ROMAN ZADOROV - the Israeli Mendel Beilis” OpEdNews.com
[5] 2017-02-16 Zernik, J. “Shin-Bet implicates the Central Election Committee in serious computer fraud” OpEdNews.com
[6] 2011-12-22 “Special Report: The watchdogs that didn't bark” Reuters
[7] 2017-03-15 Complaint, filed with Shin-Bet Head and Ombudsman of the Judiciary – e-signatures in the courts

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