Tuesday, November 16, 2010

10-11-17 Foreclosures USA - Robber Baron Revival Era - from the OAK Discussion Board // Era del Barones Ladrónes en EEUU

Comment by Joseph Zernik, Los Angeles, CA 1 hour ago

Foreclosures, USA
Hi Dr Jackson:
While legal theories are of interest, you seem to have missed the main point. The true facts in the matter are that most foreclosures in the USA in recent years were conducted through what is alleged as Fraud on the Courts - with no valid mortgage records ever produced by the banks, by collusion of the state court judges and large banks.
Moreover, such conduct was eventually brought recently to an end - not by the judges, but by large banks - first and foremost among them Bank of America, only after markets were glutted by foreclosed properties.
In short: It is Robber Baron Revival Era - collusion of judges and large corporations in the looting of the American people.
See detailed reports on the matter from mainstream media outlets:
[1] 10-10-08 a) AP - Bank of America Issues Nationwide Moratorium on Foreclosures, b) CNBC - Foreclosure Primer:

Comment by Dr. A. D. Jackson 3 hours ago
A lot has been written lately about foreclosures with images of banks pitching people into the street. Some mortgages were written with that in mind, and one thing taught in law schools is that equity abhors a forfeiture. On occasion we read about a court that actually follows that principle and either reforms or doesn't enforce the agreement to prevent that sort of thing.
For some reason, I thought back to a time before I entered the university. I heard of an immigrant with at most a grade school education who became a banker and headed a local S & L. The Depression came and instead of foreclosing and throwing people into the street- which caused many people to like John Dillinger- he collected rent at a lower rate until the economy improved and then let these debtors resume payments. Mortgagees stayed out of the street, and the S & L survived the Depression. There's a lesson in there somewhere, as "Colonel Chilla" was certainly no MBA.

10-11-16 Galdjie v Darwish: Judge John Segal, Attorneys David Pasternak and Richard Green - Corruption of the Los Angeles Courts and the Los Angeles Jewish Community // La corrupción de los tribunales de Los Angeles y la comunidad judía

Attorney Mitchell Kamin, Bet Tzedek (The House of Justice)
Jay Sanderson, CEO and executive producer of Jewish Television Network 
President, Los Angeles Jewish Federation
Judge John Segal                Attorney David Pasternak

Galdjie v Darwish: Judge John Segal, Attorneys David Pasternak and Richard Green - Corruption of the Los Angeles Courts and the Los Angeles Jewish Community

  • Galdjie v Darwish is considered a prototype of real estate fraud by judges of the Los Angeles Superior Court.
  • The three main perps are identified as Jewish: Judge John Segal, Attorney David Pasternak (Pasternak, Pasternak, Patton), Attorney Richard Green (Green and Marker)
  • Other Jewish judges and attorneys were involved as well.
  • David Pasternak is also former President of Bet Tzedek (The House of Justice) - a prominent Los Angeles Jewish charity, affiliated with the Los Angeles Jewish Federation.
  • Both Bet Tzedek and the Los Angeles Jewish Federation refuse to assume accountability for conduct of Bet Tzedek and its senior officers.
  • It was one of a series of cases, which were filed with US DOJ with a request for Equal Protection of the 10 million residents of Los Angeles County against racketeering by the judges of the Superior Court.
  • US DOJ refuses to take action, even after Congressional Inquiries by Senator Feinstein and Congresswoman Watson.
  • The case was also part of the evidence submitted to the UN Human Rights Council, which led to the recent UN report referring to "corruption of the courts and the legal profession" in California.
  • The full complaint is also posted at: http://www.scribd.com/doc/34504304/
Executive Summary

Los Angles, July 18  complaint was filed with US Attorney Office, Central District of California, by Human Rights Alert (NGO) and Joseph Zernik, PhD, against John Segal  Judge, John A Clarke  Clerk, Attorney David Pasternak  former President of the Los Angles County Bar Association, and others of the Superior Court of California, County of Los Angeles, alleging public corruption and deprivation of rights relative to their conduct in Galdjie v Darwish (SC052737).

The complaint named as co-conspirators all attorneys who appeared in the case, including, but not limited to Plaintiff's Counsel Richard Green and Defendant's Counsel Rhonda Walker.

The complaint alleged that the named accused conspired to conduct pretense litigation, to employ the Court's fraudulent case management system  Sustain - in generating fraudulent court records, and to take Defendant's property  a 6-unit rental property in Santa Monica - under the color of law. 

The complaint further alleged that the case of Galdjie v Darwish, in and of itself, held sufficient evidence for prosecution of judges, clerks, attorneys, and the Los Angeles Superior Court itself for conduct of an enterprise through a pattern of racketeering activity.

The case proceeded from 1998 to 2006, by a group of judges, who presided with no Assignment Orders and with no authority at all, juggling the case back and forth among them. Judgments were falsely represented as entered, and a Receiver - David Pasternak - was falsely represented as appointed by the court. 

The minutes as registered in Sustain showed routine back-dating - at times by half a year or more, and also the "waiving" of notice and service and failure to have the minutes authenticated by the clerks. Therefore, all such records were alleged as void, not voidable.

The Register of Actions (California civil docket) in Sustain showed the listing of numerous dates for jury trial, repeatedly continued. However, Defendant declared that her counsel had informed her at the onset of the litigation that the case would be heard by an "Equity Court". Therefore, she had been told that she would not be eligible for a jury trial at all. The Register of Actions also provided evidence of routine false registrations of numerous actions in the case. 

On May 13, 2002 the Register of Actions again listed jury trial in the case. However, Defendant declared that upon arriving at the Santa Monica Courthouse of the Superior Court of California, she was instructed to proceed to the Culver City Municipal Court.

The Register of Actions noted that on the same afternoon a "Court Trial" was conducted by a judge who remained anonymous, listed in the Register only a "Muni-Judge". However, Defendant declared that it was Judge John Segal, who acted with no authority at all.

Attorney David Pasternak later acted as "Receiver" in the case. However, the hearing of a motion and the order for his appointment of receiver, were falsely registered. The Register of Actions also showed that no writ of execution was ever issued in the case.
Regardless, David Pasternak took Defendant's property, under the color of law, and conveyed it into possession of Plaintiff. However, no conveyance of title was ever found in searching the records of the Los Angeles County Registrar/ Recorder.

The Register of Actions further showed that all court fees in the case, without exception, were listed as "Journal Entry", whereas in other cases of the Court they were listed in the Registers as "Filing Fees", "Motion Fees", "Stipulation Fees", etc. Presiding Judge Charles McCoy and Clerk of the Court John A Clarke refused to disclose the ultimate designation of the funds collected in the case. It should be noted that accountancy textbooks consider misuse of "Journal Entry" registration as a cardinal sign of high-level financial management fraud.

Presiding Judge Charles McCoy and Clerk of the Court also denied access to the paper court file in the case and to various Sustain records  alleged in the complaint as violation of First Amendment Rights and an ongoing effort to cover-up alleged criminality by the Court.

The Clerk of the Court John Clarke also refused to certify the case as litigation conducted by the Superior Court of California, County of Los Angeles. 

The case was claimed as holding unique public policy significance: It provided detailed evidence of the conduct of pretense litigations at the Los Angeles Superior Court and of real estate fraud by the Los Angeles Superior Court, which was alleged as central to propelling Los Angeles County to its distinction by the FBI as "the epicenter of the epidemic of real estate and mortgage fraud".

Moreover, the case provided detailed evidence of efforts by the Court to establish the law as permitting "oral modifications of real estate contracts"- which would no doubt increase the incidents of real estate fraud in Los Angeles County even further. 

The complaint further alleged that the case presented unique evidence of the tight linkage between corruption of the courts and corruption of the legal profession in Los Angeles County, California.

In addition, the case provided detailed evidence of the central role of the Court's case management system  Sustain - in conducting of pretense litigations, through fraudulent registrations of actions and minutes. Sustain was installed at the Los Angeles Superior Court circa 1985, at a time that today's California Supreme Court Chief Justice Ronald George served in leadership positions at the Court.

The case also provided detailed evidence of the refusal so far of the US and the California government to address alleged racketeering by judges of the Los Angeles Superior Court. Complaints regarding fraud committed by the Superior Court in the case of
Galdjie v Darwish and other similar cases, were previously filed with California Attorney General and gubernatorial aspirant Jerry Brown. Jerry Brown, who was recently quoted by media a "appalled by corruption", refused to initiate any corrective actions. FBI, likewise, has so far refused to investigate such allegations.

Conduct of the Los Angeles Superior Court and the Los Angeles Justice system were described already in 2001 by Prof Erwin Chemerinsky, Founding Dean of the University of California Irvine Law School, as "conduct associated with the most repressive dictators and police states", and the Blue Ribbon Review Panel recommended already in 2006 external investigation of the Los Angeles Superior Court. Regardless, the April 2010 report, filed by Human Rights Alert with the United Nations, documented ongoing refusal of senior officers of the US Department of Justice to enforce the law in Los Angles County, California, and to accord equal protection to its 10 million residents.

The complaint was copied to the United Nations and the US State Department, as part of the first ever, 2010 review by the United Nation of Human rights in the United States. Responses by the US State Department to the United Nations are due by August 2010, and the United Nations review session and report are scheduled for November 2010. 

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.