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10-06-11 Accountability Requested by the Los Angeles Jewish Community for Rampant Corruption at the Los Angeles Courts // //

                        

Mitchell Kamin                                 Erwin Chemerinsky

Bet Tzedek President                         Dean, UCI Law School

Accountability Requested by the Los Angeles Jewish Community for Rampant Fraud at the Los Angeles Courts

Los Angeles, June 11 - in an open letter to Prof Erwin Chemerinsky and Attorney Mitchell Kamin, Dr Joseph Zernik, Los Angeles County resident and founder of Human Right Alert (NGO), asked the two to call for accountability by the Los Angeles Jewish community for the rampant fraud and corruption at the Los Angeles Superior Court.  Both Prof Chemerinsky and Attorney Kamin are self-identified as Jewish.  Erwin Chemerinsky is a renowned constitutional scholar, Dean of the University of California, Irvine law school, and a civic leader with considerable achievements and a reputation second to none.  Mitchell Kamin is President of Bet Tzedek, a prominent Jewish charity in Los Angeles, providing free legal services.  However, in an ongoing court scheme, opined as fraud by a nationally recognized fraud expert - a highly decorated FBI veteran, three former senior officers of Bet Tzedek were found acting in collusion: Sandor Samuels - former President of Bet Tzedek and today Associate General Counsel of Bank of America, David Pasternak - former President of Bet Tzedek, and Terry Friedman - former Executive Director of Bet Tzedek and today a Judge of the Superior Court.
In his letter, Dr Zernik alleged that the ongoing imprisonment of the 70 year old former US prosecutor Richard Fine is another example of the same basic court fraud scheme.  The common pattern in numerous cases that were analyzed by Dr Zernik is identical:  Litigation where minutes, orders, and judgments, are never adequately authenticated and/or verified, where notice and service are deemed "waived" by the court, and where no orders and judgment are entered as required by law to make them "effectual for any purpose". Such minutes, orders, and judgments are never deemed valid and effectual by the court itself, yet are enforced, in disregard of any notion of the California, US, or international law.
In his letter, Dr Zernik asked Prof Chemerinsky and Attorney Kamin to call for accountability by Bet Tzedek for conduct of its officers, and accountability by the Los Angeles Jewish community for its vast over-representation among attorneys and judges involved in the rampant fraud and corruption at the Los Angeles Superior Court.  
Moreover Dr Zernik proposed three concrete measures, which he suggested would bring about substantial improvement in integrity of the courts in Los Angeles: (a) Honest, published Local Rules of Court pertaining to entry of judgment and maintenance of Books of Judgment (digital in this day and age), as required by California Code; (b)  Notice and service of authenticated minutes, orders, and judgments in all court actions and an end to the routine "waiving" of notice and service, and (c) Restoration of the First Amendment right to access court records - to inspect and to copy.
Human  Rights Alert's April 2010 submission for the upcoming 2010 - first ever - UPR (universal periodic review) of Human Rights in the United States by the United Nations, alleged serious violations of the Human Rights of the 10 million residents of Los Angeles County, California by the courts themselves.  Hallmarks of the alleged violations were large-scale false imprisonments and real estate fraud by the courts.
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Date: Fri, 11 Jun 2010 23:25:09 +0300
To: "Chemerinsky, Erwin" , mkamin@bettzedek.org
From: joseph zernik
Subject: Request for Accountability by Bet Tzedek for Extortion Campaign by Its Former Senior Officers, initiated in retaliation for request for assistance by Bet Tzedek.

June 11, 2010

Attorney Mitch Kamin
President, Bet Tzedek

Prof Erwin Chemerinksy
Dean, Irvine Law School
University of California

RE: Request for accountability by Bet Tzedek for extortion campaign by its former senior officers, and accountability by  the Jewish community rampant fraud in the Los Angeles Courts, where Jewish judges and attorneys are vastly over-represented.

Dear Attorney Kamin and Dean Chemerinsky:

I approach the two of you today, as two who are self-identified as Jewish, and also as two, who are well-recognized as holding civil rights dear.  I write to ask you that Bet Tzedek will at long last take accountability for its own conduct and conduct of its former most senior officers, and likewise, that the Jewish community rebuke the rampant fraud routinely perpetrated at the Los Angeles Superior Court, where Jewish attorneys and judges are vastly over-represented.

The fraud
In early 2007, when I realized the scope of real estate fraud being perpetrated against me under the guise of lawsuit at the court of Jacqueline CONNOR, led by Countrywide and its then Chief Legal Officer - Sandor SAMUELS and executed by in-house counsel Todd BOOCK and Sanford SHATZ, I approached the Los Angeles County Consumer Bureau.  The staff at the Consumer Bureau referred me to Bet Tzedek - as experts in assisting victims of real estate and housing fraud.  I then realized that Sandor SAMUELS was serving as Bet Tzedek's President at that time. Moreover, he advertised at the time on Bet Tzedek's web site his own personal campaign against fraud in Southern California -
        If you are a fraud victim - who are you going to call ? Bet Tzedek! [1]

I therefore wrote a letter, addressed to Sandor SAMUELS, President, Bet Tzedek.  I sealed it and marked it "Personal and Confidential".  The letter included a copy of one of the key fraud records by Countrywide (it was later opined upon by fraud expert), and a request that Mr SAMUELS take action to stop the fraud being perpetrated. I hand delivered the envelope to the offices of Bet Tzedek on Fairfax Avenue in Los Angeles. [2]

No response was ever received from Mr SAMUELS.  However, the entire web site of Bet Tzedek, including pages advertising Mr SAMUELS' campaign against fraud, was removed from the network.  A week later, the site was up again - an older version of the Bet Tzedek web site, dated 2005, with no mention of Sandor SAMUELS and his campaign to end fraud. [3]

Less than a week later, a campaign of retaliation, harassment, intimidation and extortion was initiated by Mr SAMUELS and Countrywide, led by Attorney John AMBERG - former Chair of the California Bar Ethics Committee.  Albeit - such campaign, going on now for close to three years, is conducted through fraudulent appearances of John AMBERG and others, who were never authorized as counsel of record for Countrywide, and later Bank of America. [4] Moreover, in such appearances Attorney AMBERG and others invariably file papers under the fraudulent party designation of "Non Party" for Countrywide and Bank of America.  The court, in turn has interchangeably designated Countrywide and Bank of America "Plaintiff", "Defendant", "Cross Defendant", "Intervenor", "Real Parties in Interest", and more  - all with no legal foundation at all.

Further details of the fraud in the courtroom, being perpetrated to this date by Sandor SAMUELS and others, are provided in complaint filed with OCC and SEC today. [5]

Later, after I disqualified Judge Connor for a cause - twice, she stepped down, and Judge John SEGAL took her place.  Like all judges involved in the case - Samaan v Zernik (SC087400) - he did so with no assignment order at all.

Judge SEGAL, in turn, purported to appoint Attorney David PASTERNAK - as "Receiver" for execution of judgment for "specific performance" of a sales contract from 2004 for close to $2.0 millions.  Albeit, neither the judgment, nor the order appointing PASTERNAK "Receiver" were ever authenticated, neither were they entered, as required by California law to render them "effectual for any purpose".   Throughout the fraudulent litigation my counsel and I were denied access to court records, and the right to notice and service was deemed "waived" by the court, regardless of my protests. 

David PASTERNAK, former President of Bet Tzedek as well, issued in December 2007 grant deeds on my residence, which were opined as fraud by fraud expert second to none. [6]  Furthermore, in disregard of California Code, which requires that proceeds from sale of property by the court be distributed by the court within 30 days, David PASTERNAK is holding the proceeds to this day, engaging in various transactions that are alleged as money laundering - generously distributing funds to his colleagues.  One should also be reminded that David PASTERNAK is former President of the Los Angeles County Bar Association and former member of the California Judicial Council.

The case was later taken by Judge Terry FRIEDMAN - former Executive Officer of Bet Tzedek - again with no assignment order at all.  Judge FRIEDMAN denied a request to distribute the proceeds from the sale (in an unauthenticated minute order that was later secretly voided with no notice), and issued (but never entered) Judgment for Contempt and serious sanctions - twice... for demanding Countrywide and Bank of America's response on the claims of ongoing fraud.

The basic scheme is simple - litigation with minutes, orders, and judgments, which are never adequately authenticated, where notice and service are deemed "waived", and where no orders and judgment are entered as required by law. Such minutes, orders, and judgments are never deemed valid and effectual by the court itself, yet are enforced, in disregard of any notion of the California, US, or international law.

The Jewish point
One cannot avoid noticing the patter - all those named above, and others, leading the fraudulent schemes at the Los Angeles Superior Court are identified as Jewish:

• Jacqueline Connor
• Sandor Samuels
• David Pasternak
• John Segal
• Terry Friedman
• John Amberg
• Todd Boock
• Sanford Shatz

Moreover, in this particular case,  three senior officers of Bet Tzedek were allegedly colluding in perpetrating fraud and racketeering in the court room:

1. Sandor SAMUELS - President of Bet Tzedek at the time.
2. David PASTERNAK - former President of Bet Tzedek
3. Terry FRIEDMAN - former Executive Officer.

The case is not unique at all. Numerous other cases of real estate fraud under the guise of litigations were identified, and Attorney PASTERNAK appears to have been a regular henchman in such cases.

Such fraud schemes are not limited to real estate either: The ongoing imprisonment of Attorney Richard Fine is a perfect copy of the scheme - to affect false imprisonment. Richard Fine is held now for 14 months in solitary confinement pursuant to a March 4, 2009 Judgment by David YAFFE - another judge identified as Jewish, albeit a judgment that was never authenticated, never noticed, and never entered. [7]

And justice at Bet Tzedek - the House of Justice...
Given that the retaliation in my case was initiated following my request for help by a Bet Tzedek officer, on Bet Tzedek premises, in response to solicitation by Bet Tzedek, I have requested in recent years that Bet Tzedek inform me of any dispute resolution mechanisms that may exist at Bet Tzedek.  No response at all was received from Bet Tzedek - the House of Justice.

• Isn't it time for the two of you to call for Bet Tzedek to take responsibility for conduct of its then President - Sandor SAMUELS alleged as entrapment and retaliation in response for request for help by Bet Tzedek?
• Isn't it time for the two of you to call for an end to the rampant fraud at the Los Angeles Superior Court, where Jewish attorneys and judges are vastly over-represented?

It is suggested that restoration of the following three elementary rights would be sufficient to affect a revolution in integrity of the Los Angeles courts:

• Honest, published Local Rules of Court pertaining to entry of judgment and maintenance of Books of Judgment (digital in this day and age), as required by California Code
• Notice and service of authenticated minutes, orders, and judgments of all court actions, and an end to the routine "waiving" of notice and service.
• Restoration of the First Amendment right to access court records - to inspect and to copy.

I look forward to hearing from you.

Truly,

Joseph Zernik, PhD
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert
http://www.liveleak.com/user/jz12345
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
Please sign our petition - Free Richard Fine: http://www.thepetitionsite.com/1/free-fine


LINKS:
[1] 07-06-20-Samaan-v-Zernik-SC087400-Bet-Tzedek-apos-s-web-pages-featuring-Sandor-Samuels-apos-campaign-against-fraud
http://www.scribd.com/doc/32214681/

[2] 07-06-22-Samaan-v-Zernik-SC087400-Letter-Hand-Delivered-to-Sandor-Samuels-in-his-capacity-as-President-of-Bet-Tzedek-on-the-premises-of-Bet-Tzedek-s
http://www.scribd.com/doc/32214434/

[3] 08-03-05-Case-of-Borrower-Parsley-05-90374-Dkt-248-Judge-Jeff-Bohm-apos-s-Memorandum-Opinion-rebuking-Countrywide-apos-s-litigation-practices-Countrywide-apos-s-false-outside-counsel-scheme-s
http://www.scribd.com/doc/25001966/

[4] July 2007 web site - any mention of Samuels or the campaign to end fraud was removed.
http://inproperinla.com/07-07-01-bet-tzedek-web-pages-after-letter-to-samuels.pdf

[5] 10-06-11-Dr-Zernik-s-Complaints-Filed-with-Office-of-Comptroller-of-the-Currency-and-SEC-against-Countrywide-Bank-of-America-NYSE-BAC-and-Brian-Moynihan
http://www.scribd.com/doc/32907453/

[6] 07-12-17-Samaan-v-Zernik-SC087400-David-Pasternak-Grant-Deeds-opined-as-fraud-by-James-Wedick-
http://www.scribd.com/doc/24991238/

[7]  Records that led to the false imprisonment of Richard Fine and are alleged as fraud by the Court and the Sheriff:
http://www.thepetitionsite.com/1/free-fine

10-06-11 Complaint filed with OCC and SEC against Brian Moynihan and Bank of America Corporation (NYSE:BAC) alleging large-scale fraud on shareholders and the US taxpayer.

Brian Moynihan, BofA
Alleged perpetrator of fraud in certifications
pursuant to Sarbanes Oxley Act (2002) 

Complaint filed with the Securities and Exchange Commission (SEC) and office of Comptroller of the Currency (OCC), in re: Compelling evidence of deceptive business practices, fraud and extortion in operations of Bank of America (NYSE:BAC), directly involving President/CEO Brian Moynihan, violation of banking regulations, and fraud in certifications pursuant to Sarbanes-Oxley Act (2002)

"Our limited involvement in this matter was entirely proper."

Attorney Jenna Moldawsky, Bryan Cave, LLP, referring to her own fraudulent, unauthorized, extortionist appearances in court on behalf of Countrywide. October 22, 2007 

Washington DC, June 11 - complaint was simultaneously filed with Office of the Comptroller of the Currency (OCC), the Securities and Exchange Commission (SEC) and respective Committees of the US Congress by Dr Joseph Zernik, a fraud victim and shareholder of Bank of America Corporation. The case, subject of the complaint, originally involved merely real estate fraud, as opined by the highest reputation fraud experts. The initial fraud was small-scale fraud - at less than $2.0 millions. However, by 2010, it involves the highest levels of management in Bank of America, US banking regulators, law enforcement, and inquiries by US Congress on such agencies. Moreover, evidence inherent in the case demonstrated the large-scale fraud on the US taxpayer in disintegration of underwriting, "sound banking principles", and both internal and external audit at Countrywide and Bank of America. It provides unique insights into US financial infrastructure, banking regulation.
The fraud was initiated in 2004 by low-level Countrywide personnel: Convicted felon - Jae Arre LLOYD (formerly Timothy Lloyd Morrow) - doubling as Countrywide "Loan Originator", and Maria MCLAURIN - San Rafael Branch Manager.  By December 2006 Dr Joseph Zernik uncovered the fraud, and with it - documented the large-scale funding of government-backed Uniform Residential Loan Applications (1003s) in Countrywide with no underwriting at all. In January 2007, the first complaint was filed with FBI alleging large-scale fraud on the US government and shareholders by Countrywide, and projecting losses in the hundreds of billions of dollars. Such predictions came true a year later, with Countrywide's collapsed.  By June 2007 direct involvement of Angelo MOZILO - then CEO, and Sandor SAMUELS - then Chief Legal Officer was documented.  In response, Countrywide initiated in July 2007 a campaign of alleged harassment, intimidation, retaliation, and extortion through employment of a large law firm, which to this date falsely appears in court, under the false designation of "Non Party".  From July 2008 to December 2008, Timothy MAYOPOULOS - then General Counsel halted such conduct after the takeover of Countrywide by Bank of America. However, Brian MOYNIHAN - today Bank of America President - resumed it immediately upon ouster of Mr MAYOPOULOS in December 2008. Direct involvement of Brian MOYNIHAN was further documented starting December 20, 2009.  Moreover, starting January 2010, as President, Brian MOYNIHAN signed periodic SEC reports certifying no fraud in Bank of America operations, as well as disclosures pursuant to Basel II banking accords, Pillar III.
The pattern of conduct of Bank of America Corporation and Brian Moynihan documented in the complaint, as a whole is alleged as fraud, deceptive business practices, and extortion. Additionally, violations are alleged of Sarbanes Oxley Act (2002) relative to reporting requirements by corporate counsel, certifications by corporate officers, and review of complaints by the Audit Committee.  Additional allegations include fraud on shareholders, on banking regulators, on US taxpayers, and on the international banking community. Furthermore, the published Bank of America Code of Ethics and Outside Counsel Procedures are alleged as fraudulent representations.  Most alarming - regardless of provisions enacted in the Sarbanes Oxley Act (2002), the pattern of conduct of most senior corporate officers and their relationship with both inside and outside corporate counsel is alleged as the core of the violations, and therefore, reflects on various other past and ongoing actions against Bank of America.  The case as a whole provides unique insights into US financial infrastructure, banking regulation, and law enforcement, and with it - prevailing risk levels during the current protracted banking crisis. 

LINKS:
[1] 10-06-11-Dr-Zernik-s-Complaints-Filed-with-Office-of-Comptroller-of-the-Currency-and-SEC-against-Countrywide-Bank-of-America-NYSE-BAC-and-Brian-Moynihan
http://www.scribd.com/doc/32907453/