Sunday, April 13, 2025

2025-04-13 Happy Passover to the distinguished Zernik family

Happy Passover to the distinguished Zernik family 

The family is finally getting its due credit in the field of judicial corruption.

Dear family and friends,

Happy Passover to all...
First, one must comment on the US-Israeli genocide in Gaza:


I guess it is part of what Ima's uncle, the author Yitzhaq Shami, described as the Abrahamic curse of violence and bloodshed... Every day, when I peruse the news, I am concerned about a new atrocity. The latest was the murder of the 15 first responders, and the video found in the cellphone, dug out with the body of one of them... Israeli media generally avoid the subject. Israelis are kept in a carefully maintained propaganda bubble...

It has been half a year or more since I last wrote. During this period, the Zernik family has reached new distinctions in the annals of Israeli court corruption. I now correspond with the Director General of the Ministry of Justice, the Counsel for the Administration of Courts, and the Bureau of the Attorney General. I exchange WhatsApps with MK Tali Gottlieb, and I have recently spent two hours on the phone with a senior advisor to Justice Minister Yariv Levin.

A few months ago, I wrote a paper for Electronic Intifada on "The Israeli Specific Genocidal Intent." Proving this issue is the most difficult part of the ICJ process. It was accepted, but I am yet to file the final proofreading... 

In the meantime, I am urged to write a paper on Court Reform for HaShiloach ("an Israeli journal for thought and policy"), a right-wing periodical. People say I am a Bibist...

So what's the story? 
I believe that there has never been a case of judicial corruption in Israel that is even close to the Zernik family's record! And with Court Reform on the agenda, it is a hot item...

In 2010, my father, Robert Rafael Zernik, decided to dedicate his final years to fraud upon my mother, with his helpers Uri and Dror. It started with fraudulent affidavits, which I was not supposed to know about. My father applied to be appointed as the legal guardian for my mother. In an interview with a social worker in the court file, he was asked why he applied so late. His answer was that there was a need to make some real estate transactions. As a Legal Guardian, he had various legal duties to my mother, such as a fiduciary duty to take care of her interests and avoid conflicts of interest. And here he was stating prior to his appointment that his intent was to subvert her interests...

When he realized that I had the right to inspect the court file, he was outraged...

I should add here that the Israeli family courts are notorious for corruption. The writing of one of the best-known family law professors in Israel, Daphna Hacker, was leaked in a 2016 newspaper article, "It's a total jungle, do whatever you can to avoid them". She then went on to analyze them, using Max Weber's theory. She ruled out the possibility that they were "charismatic courts" or "tribal courts" and finally concluded that they were not courts at all...

In 2013, Rafael hired the most expensive family law attorney in Haifa (as he explained to me), who, according to gossip sites, had special relationships with some judges... Dror and my father managed Amos Sadika. The outcome was the "not signed yet" Protocol, a unique record in the history of corrupt Israeli adjudication, the like of which had never been seen before and has never been seen after. It is an electronic court record, a product of the courts' IT system - Net Hamishpat. It shows an electronic watermark - "not signed yet". However, it was served as if it were a real, valid, authentic court record, which is still maintained in the court file.

I submitted 2 reports on Net Hamishpa to the UN HRC in 2012 and 2018, and the UN HRC adopted my reports in the final reports on Israel, concluding that "the integrity and validity of any judicial record from Israel is dubious at best."

The unique product, produced for the Zernik family, is a fine example: the parties' names are corrupted, ID numbers are corrupted, party designations are corrupted, the text is corrupted... But the first page includes a statement by Counsel for the Attorney General, explaining that I visited her office the previous day, and she tries to convey my message in a gentler form - that the judge is perpetrating fraud, and therefore I had no business being there.
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But why would a judge issue corrupt court records? Well, it is part of the routine of "simulating legal process". The acrobatics require that the judge issue records that the target of the fraud would perceive as valid and effectual court records, while in fact they are void, not voidable. In the Texas Penal Code, § 32.48, it's defined as follows:

(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.

Anyway, with Court Reform on the agenda, the "not signed yet" Protocol has become an interesting item, 12 years after it was issued! 

In late 2024,  the Administration of Courts felt it was necessary to issue a fake internal review "complaint" record in this matter. They faked that I filed a complaint, which I had not. The funny outcome of the fake review was:
1. The "not signed yet" electronic watermark is NOT part of the "structured" features of Net Hamishpat.
2. The "not signed yet" electronic watermark was probably the result of "manual addition" (???) or "a malfunction" (???).

I am unfamiliar with any "malfunction that generates fake electronic watermarks." If one accepts the "manual addition" idea, then there is a need to run a much more serious investigation regarding security breaches.

So, the criminal complaint pertained to a couple of fake court records issued by Judge Esperanza Alon...

In 2016, my father passed away. Dror and Uri filed papers with the Haifa Registrar of Wills pertaining to a 2012 will, but they failed to disclose that there was a 1999 joint, mutual will of my father and my mother. It is a criminal offense...
To top it off, they filed notice with the Registrar that the Status of my Legal Competency was "Unknown," and Dror asked to be appointed in charge of my money. The registrar denied the request.
In December 2022, my mother passed away... Then they pulled out the joint, mutual will.

On February 3, 2023, I had a rare meeting with Uri in Haifa. He asked: "How would this end?" In a blink, I answered: "Some fraud in the Haifa Family Court."

On August 28, 2023, we signed an agreement to end the saga...
Dror was determined to scuttle the agreement he had signed. One bizarre issue was a couple of doodled pages that he insisted were the ONLY acceptable assessment for movable property instead of assessment by an agreed-upon professional assessor, as per our signed agreement.
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On June 5, 2024, Uri and Dror sued me in the Haifa Family Court... As soon as I saw the initiating pleading, I told them and their attorneys that it was Fraud Upon the Court... 

What type of fraud? Simulating Legal Process, as per Texas Penal Code, § 32.48... 
It was clear to me that true to type - it was fraud in collusion with the judge... The record failed to include Uri's affidavit, it failed to include Uri's valid Power of Attorney for his attorney, it failed to include a summons, it failed to include factual narrative the generates a cause of action, it failed to include any valid legal claims, AND, as it the case in later key records - it avoided any reference to Israeli law...
Uri's response was pathetic: "My attorney Yoav Salomon is as straight as a ruler... would not engage in any 'fuele shticks'"...
On July 2, 2024, I filed notice in court to the effect that the case is Fraud Upon the Court. Which type? Simulating Legal Process, as per Texas Penal Code, § 32.48... I even cited it for the judge... It should be added that this offense appears in the chapter of Frauds...
On July 10, 2024, Uri's counsel filed a notice in court, complaining to the judge that I was "hiding from her" my true opinion, that the case was a fraud from its foundation.
What was he thinking? That the judge was an idiot?  
Attorney Yoav Salomon produced final, definitive proof that he was NOT the person who wrote the initiating pleading. When you are perpetrating Fraud Upon the Court in collusion with the judge, you don't file papers in court talking about Fraud Upon the Court. 

On July 14, 2024, I made a settlement offer: I told the two fraudsters I had no interest in continuing with this game. You hold the money, you know the agreement, make me an offer that is less than what you think I am entitled to, and I will get out of your way. The two attorneys responded that they may consider the offer at a later time, once the case has been decided.
On July 26, 2024, Uri sent his response outside the court: We cannot stop this litigation. Our parents wanted it so. This is how we keep in touch with family.
A Space Odyssey
More and more I am inclined to think that the inheritance saga was deliberately planned by Mom and Dad. They worried about what would happen if the bond between the boys broke and we went our separate ways.
So they created an inheritance that was not monetary but odyssey-like. And they added two wonderful friends to our family in the form of Heli [Attorney Rachel Ben-Ari] and Yoav [Attorney Yoav Salomon], whom we received as a gift.
Now that a week has passed and I haven't received a letter, I feel a sense of deprivation. What will happen when we reach our destination? Will we just say goodbye? Food for thought.
Uri

On July 31, 2024, Attorney Rachel Ben-Ari sent me notice that the lawsuit was "a joint initiative" of Attorney Salomon and Ben-Ari. Indeed, if there were still any doubt, she nailed it down here. I don't know many types of litigation in which two attorneys jointly prepare the lawsuit and finally decide that one will be listed as counsel for the Plaintiff, while the other will be listed as counsel for the Defendant.

Later, true to type, all key records were corrupted. Mixing up the party designations...

And now? Attorneys for Dror and Uri claim that they were appointed "Estate Administrators". When? It was not clear. Initially, they claimed (with the judge) that they were appointed on October 9, 2024; later, in early November, they referred to themselves as already appointed... Finally, they decided that they were appointed on December 1, 2024... 
And yet, their appointment has not been entered yet... 
So how does it work?
When they file papers in court, they sign as "Estate Administrators"... E.g., below is a paper that they filed on February 18, 2025.

But their papers are listed as Uri's papers, i.e., the Plaintiff's...

The judge explained that her secretary told her that this is how it's done... She heard so in the Office of the Clerk...
Who did she hear it from? She couldn't answer in writing, so if I wanted her answer, she invited me to visit her in Haifa.

On March 10, 2025, I filed in court a paper showing that the judge sends registered mail envelopes to Attorney Rachel Ben Ari, Dror's counsel, when there is no service to others... It looks like ex parte communications... a cardinal sign of corruption...
 
    Attorney Yoav Solomon                            Judge Hila Gurevitz                Attorney Rachel Ben-Ari
    Avniel, Salomon et al                                                                                  Ben-Ari, Fish et al
    "Of great reputation"                                                                  "90 year of legal excellence"

תמונה 1 | דואר רשום לעו"ד רחל בן ארי בתאריכים:  3.3.2025, 5.3.2025,  9.3.2025,  9.3.2025


תמונה 2 | דואר רשום לעו"ד רחל בן ארי בתאריכים:  5.1.2025, 7.1.2025. 8.1.2025, 15.1.2025

תמונה 3 | דואר רשום לעו"ד רחל בן ארי בתאריכים: 5.11.2024, 7.11.2024, 7.11.2024 

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What next?



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So what's the deal with MK Tali Gottlieb?
In January 2025, with a one-minute TikTok video, Tali Gottlieb stole my show! Supreme Court Justice Yitzhak Amit was the candidate for Supreme Court Presiding Justice. Then, it was exposed that he had been named a Defendant in a criminal case related to building code violations in a large rental property that he was a partner in.
True to type, various illegal steps had been taken, trying to cover it up. Tali Gottlieb focused on one: His name was erased in Net Hamishpat, and his old name, no longer his legal identity, Yitzhak Goldfreund, was entered instead. 
In short, it was a perfect demonstration of the invalidity of Net Hamishpat.

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