11-04-09 Loopholes for criminality in courts in the US // Las lagunas de la criminalidad en los tribunales de los EE.UU. // 在法庭漏洞，美国犯罪

 
Date: Sat, 09 Apr 2011 17:23:38 +0300


To: Whistleblower411@yahoogroups.com
From: joseph zernik 
Subject: Re: [Whistleblower411] Response on Loophole Help Request: Appearance of attorney, who is not authorized as Attorney of Record, with "no communications with client clause".


Hi Bill:


Here is a nice loophole for you, which undermines the integrity of the state and US courts from coast to coast, through the conduct of pretense litigation, where one of the parties is in fact never represented in court, but has an impostor appear in court instead.


When an attorney appears in court on behalf of a party, the attorney should be authorized as Attorney of Record for that party.  That means that the attorney is authorized to appear, sign and file papers on behalf of the represented party in court.


However, both US and state courts made the requirement for an attorney to clearly state that he/she is in fact Attorney of Record vague and ambiguous.


The result is that attorneys often appear in court on behalf of parties, while not authorized to do so - as impostors.  


This loophole may sound strange to you.  Regular citizens are not the beneficiaries of such loopholes.  The privilege is reserved for large corporations (particularly banks) and government officials.  The loophole permits attorneys to appear, file false papers, make false declarations, pervert justice, while their purported clients benefit from complete deniability of any criminality.


Needless to say, such criminal conduct is unlikely to take place absent collusion by judges and clerks of the state and US courts.


Examples:


1) Appearances of attorneys, who are not Attorneys of Record, with "no communications with client clause", as detailed in the March 5, 2008 Memorandum Opinion of the Hon Jeff Bohm from Texas, referring to appearances of outside counsel for Countrywide Financial Corporation in courts across the United States.  Judge Bohm summed it up as "disregard for the professional and ethical obligations of the legal profession and judicial system'. (p8) [1]


2) The habeas corpus petition of the 70 year old former US prosecutor Richard Fine.  Richard Fine exposed, publicized, and rebuked the taking by ALL judges of Los Angeles County of "not permitted" payments ("Bribes").  On March 4, 2009, he was arrested in open court in the Superior Court of California, County of Los Angeles, in the city of Los Angeles. Purportedly he was arrested for contempt of the court.  He was later held for 18 months in solitary confinement.  However, there were never any valid papers for his arrest and imprisonment.  Instead, he was held under false and deliberately misleading papers, stating that he was arrested and imprisoned on location and by authority of the non-existent "Municipal Court of San Pedro",


When Richard Fine filed his habeas corpus petition in the US District Court in Los Angeles, the Sheriff, named Defendant, refused to respond.  Instead, Attorney Kevin McCormick appeared in court, pretending to represent Judge David Yaffe and the Superior Court of California.  Attorney McCormick filed false papers, false declarations, to extend the false imprisonment of Richard Fine.  However, Attorney McCormick never filed any declaration by any of his purported clients in the case, and no record that was clearly obtained from the court file and his purported clients in the case either.  As later turned out, Attorney McCormick was never retained and never authorized to appear on behalf of Judge David Yaffe and the Superior Court of California. [2]


3) The loophole is employed as we speak, is the fraud perpetrated today in the Superior Court of California, County of Los Angeles, by Judge Peter Meeka, Bank of America, and Attorney Mark Asdourian against homeowner Susan Lomas.  Mark Asdourian appears and files papers on behalf of Bank of America in the case, while both he and Bank of America refuse to state that he is authorized as Attorney of Record for Bank of America.  In such appearances, Mark Asdourian filed false and deliberately misleading papers, to dispossess Susan Lomas, but never filed any declaration or any court paper signed by an officer of Bank of America. [3]
Needless to say, such conduct is unlikely to take place absent collusion by judges and clerks of the state and US courts. 


Joseph Zernik, PhD
Human Rights Alert, NGO
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LINKS:
[1] 08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by counsel who are not Counsel of Record, with "no communications with clients" clause"
http://www.scribd.com/doc/25001966/


[2] April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court: April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court

i) 10-04-20 Fine v Sheriff (09-A827) Face pages of five filings by Dr Joseph Zernik with stamps showing receipt by the US Supreme Court s
http://www.scribd.com/doc/30304657/
ii) 10-04-20 Fine v Sheriff (09-A827) 1 Amended Motion to Intervene s
http://www.scribd.com/doc/30161573/10-04-18-Fine-v-Sheriff-09-A827-1-Amended-Motion-to-Intervene-s
iii) 10-04-20 Fine v Sheriff (09-A827) 2 Amended Request for Lenience by Pro Se Filer
http://www.scribd.com/doc/30161636/
iv) 10-04-20 Fine v Sheriff (09-A827) 3 Amended Request for Corrections in US Supreme Court Records
http://www.scribd.com/doc/30162109/
v) 10-04-20 Fine v Sheriff (09-A827) 4 Amended Request for Incorporation by Reference
http://www.scribd.com/doc/30162144/
vi) 10-04-20 Fine v Sheriff (09-A827) 5 Amended Appendices
http://www.scribd.com/doc/34050423/

[3] 11-03-31Lomas v Bank of America (KC059379) Request and Response for Certification of Authority as Attorney of Record by Attorney Mark Asdourian s
http://www.scribd.com/doc/52516705/
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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. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
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http://twitter.com/inproperinla
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/ 
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345  
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences."
http://www.scribd.com/doc/50753639/
Prof Paul Krugman, MIT (2011)
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/27433920/
* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/38566837/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."
More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)
http://www.scribd.com/doc/49586436/
_____________________________
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/50137887/
_____________________________
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.
Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/38472251/
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At 03:49 PM 4/9/2011, Bill Corcoran wrote: 

I need some examples of loopholes.


A loophole (aka "Escape Clause", "Escape Hatch", "Trapdoor.") is "A provision in a requirement that allows apparent violation of the requirement."


Some loopholes are necessary and desirable. Some are necessary, but not desirable.  Some are desirable, but not necessary. And, finally, some are neither necessary nor desirable.


The "outing" of loopholes can be a career limiting activity.


Please provide your favorite example.


If possible, provide a link.


Take care,


Bill Corcoran


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