In Lomas v Bank of American in the Los Angeles Superior Court: Attorney appears in the case, purporting to represent Bank of America. However, both the attorney and Bank of America refuse to state that he has ever been authorized as Attorney of Record for Bank of America in the case. The practice of representation by unauthorized attorneys, with “no communications with client” clause, should be considered a form of racketeering, routinely conducted by Bank of America in collusion with state and US judges. Looting of the People continues, while the US government refuses to provide protection. The US is in the midst of a constitutional crisis – the People are deprived of life, liberty, and property with no due process of law.
Los Angeles, June 27 - In Lomas v Bank of America, Plaintiff Susan Lomas is trying to protect her rights against alleged fraud by Bank of America and others in foreclosure procedures in the Superior Court of California, County of Los Angeles. However, Joseph Zernik, PhD, of Human Rights Alert (NGO), opines that she has been subjected to fraud in the Court itself, through collusion of BANK OF AMERICA CORPORATION, its President BRIAN MOYNIHAN, California Judge PETER MEEKA, and Clerk of the Court JOHN CLARKE. [[i]] The goal of the fraud in the court is to dispossess Lomas, while denying her due process of law.
Dr Zernik has gained substantial experience in recent years in analyzing fraud in the state and US court records. His opinions on these matters were supported by official report of the UN Human Rights Council, by the opinions of highly-reputed law enforcement and computer science experts, and by peer-review in international computer and criminology journals and conferences. [[ii]]
The Los Angeles Superior Court has engaged Plaintiff Lomas in simulated litigation.
“Judge PETER MEEKA and Clerk JOHN CLARKE colluded in subjecting Susan Lomas to a simulated litigation,” says Dr Zernik, “The goal is to deceive Lomas that she was deprived of property under the rule of law.” [[iii]]
· The minutes in the case were not certified by the Deputy Clerk of the Court;
· The minutes were not noticed and served by the Court;
· Multiple proceedings were secretly listed by Judge MEEKA in the minutes as "off of the record";
· Judge MEEKA and Clerk CLARKE continue to deny Lomas access to the Register of Actions (California civil docket) in her own case.
Bank of America and its Attorney engage in Fraud on the Court.
“Bank of America and Attorney Mark Asdourian are colluding in fraud through the appearance of unauthorized attorney,” opines Dr Zernik, “The goal is to defraud Lomas, while Bank of America purports no knowledge of the fraud.” [[iv]]
- Attorney Asdourian appears in the case, and has filed false and deliberately misleading banking records and declarations, and
- No declaration or any other record signed by a person, authorized by Bank of America, has ever been filed in the case.
- Both Bank of America and Asdourian refuse to certify that Asdourian was and is authorized to appear on behalf of Bank of America in the case.
In response to Lomas’s requests that Bank of America and Asdourian certify his authority, the Bank and its attorney engage in obstruction.
In response to Lomas’s request to certify his authority as Attorney of Record, Attorney Asdourian provided an unsigned letter, with no mention of a case caption or number, stating: “I am not sure I understand what it is you are looking for.” [[v]]
Figure 1: Excerpt from the April 6, 2011 response by Attorney Asdourian on Lomas’s request that he state his authority to appear as Attorney of Record on behalf of Bank of America in her case.
The office of Brian Moynihan, Bank of America President, responded after over two months, stating that the Bank was unable to identify the case. Lomas provided the Bank the case caption, number, and court name. Bank of America stated that it needed additional, unspecified information, in order to “research the matter.” [[vi]]
Brian Moynihan, Bank of America President, is personally responsible for the fraud in the courts.
“False appearances of unauthorized attorneys are a routine in cases involving financial institutions in both the state and US courts,” says Dr Zernik:
· The fraudulent practice of appearances by unauthorized attorneys, with “no communications with client” clause, was widespread in Countrywide (now a subsidiary of Bank of America). It was described and rebuked by the Honorable Jeff Bohm, US Bankruptcy Judge, in a March 2008 Memorandum Opinion. Countrywide’s executives promised Judge Bohm to cease that conduct. [[vii]]
· The practice was eventually brought to a halt only after the July 1, 2008 takeover of Countrywide by Bank of America. At that time Timothy Mayopoulos was General Counsel of Bank of America.
· On December 10, 2008, Mr Mayopoulos was ousted, and Brian Moynihan was appointed as his replacement. Within 24 hours, the practice was resumed in full force. [[viii]]
“I consider the whole affair of Lomas v Bank of America criminal in nature,” says Dr Zernik. Accordingly, Dr Zernik has filed with FBI and the US Attorney Office a criminal complaint, alleging Public Corruption and Racketeering against Judge PETER MEEKA, Clerk JOHN CLARKE, BRIAN MOYNIHAN, Bank of America, and others. [[ix]]
The US government refuses to protect the People against looting by the banks and the courts.
“US banking regulators routinely testify before the US Congress that US banking regulation has been ‘shored up’,” says Dr Zernik, “In fact, the US government refuses to protect the People against looting by the banks and the courts.” [[x]] Millions have been dispossessed already, and additional millions will be dispossessed in the next few years, according to experts projections.
Dr Zernik has uncovered and reported to FBI and the US Attorney’s office a series of cases of simulated litigation in the Los Angeles Superior Court in real estate matters, going back almost two decades. [[xi]] His report on the matter was also reviewed by the Human Rights Council of the United Nations. In response, a 2010 official UN report concluded “corruption of the courts and the legal profession”. [[xii]] Top US legal scholars repeatedly issued similar opinions of the Los Angeles Superior Court. [[xiii]]
“The Los Angeles Superior Court should be considered a racket. Bribing of state and US judges by Bank of America must be a serious concern,” says Dr Zernik. [[xiv],[xv],[xvi]]
Of note, Judge MEEKA refuses to provide Plaintiff Lomas a statement on the record regarding financial benefits to him, if any, by Bank of America.
The US is in the midst of a constitutional crisis, the like of which has not been seen since the Civil War.
“Corruption of the courts has reached a level of a constitutional crisis, not seen since the Civil War,” says Dr Zernik, “The People are deprived of life, liberty, and property, with no due process of law.” [[xvii]]
LINK
[i] [1] 11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in the Los Angeles Superior Court
[2] 11-03-20 Lomas v Bank of America (KC059379) in the Superior Court of California County of Los Angeles online “Case Summary” and Minutes
[3] 11-04-05 Lomas v Bank of America (KC059379) in the Superior Court of California, County of Los Angeles – Fraud on the Court in a Quiet Title Action
[4] 11-04-08 US Attorney Office and FBI Complaint against California Judge Peter Meeka, Clerk John Clarke, BofA and its President Brian Moynihan - Public Corruption and Racketeering in Lomas V Bank of America (KC059379)
[5] 11-04-12 PRESS RELEASE: Bribing of State and US Judges by Bank of America Must be a Serious Concern!
[6] 11-04-15 Press Release: Lomas v Bank of America (KC059379) - Lomas files for disqualification of Judge Meeka, calls “quits” to charades in the Los Angeles Superior Court
[iii] Simulated Litigation here refers to cases, where the evidence shows conduct defined in the Texas Criminal Code as follows:
Texas Penal Code §32.48. SIMULATING LEGAL PROCESS.
(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.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
The practice is widespread in both the state and US courts at all levels.
[iv] [1] 11-04-12 Lomas v BofA (KC059379) Brian Moynihan and General Counsel of BofA are asked to disclose Attorney of Record
[2] 11-04-13 PRESS RELEASE: Lomas v BofA - BofA, Brian Moynihan Are Asked to Name Their Attorney of Record in the Los Angeles Superior Court
[3] 11-03-31 Lomas v Bank of America (KC059379) Request and Response for Certification of Authority as Attorney of Record
[v] 11-03-31 RE: Lomas v Bank of America (KCD59379) in the Los Angeles Superior Court - Requests and Responses in re: Authorization of Attorney Mark Asdourian to appear as Counsel of Record- (4 records)s
[vii] 8-03-05 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:
[viii] 10-07-06 Complaint Filed with US Attorney Office Los Angeles Against Moynihan Bank of America [NYSE:BAC] Bryan Cave LLP Alleging Racketeering
[ix] [1] 11-04-08 PRESS RELEASE: Complaint filed against California Judge Peter Meeka, Clerk of the Court John A Clarke, Bank of America and its President Brian Moynihan, and Attorney Mark Asdourian – for Public Corruption and Racketeering
[2] 11-04-08 US Attorney Office and FBI Complaint against California Judge Peter Meeka, Clerk John Clarke, BofA and its President Brian Moynihan - Public Corruption and Racketeering in Lomas V Bank of America (KC059379)
[x] 10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein's Inquiries on Comptroller of the Currency
[2] 11-01-07 Superior Court of Los Angeles County, California: Widespread Public Corruption and Refusal of US Department of Justice to Take Action
[xii] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with reference to "corruption of the courts and the legal profession".
[xiii] See opinions of the Los Angeles Superior Court below.
[xiv] 11-04-12 PRESS RELEASE: Bribing of State and US Judges by Bank of America Must be a Serious Concern!
[xv] 11-01-07 Superior Court of Los Angeles County, California: Widespread Public Corruption and Refusal of US Department of Justice to Take Action
[xvii] 11-06-14 Corruption of the Courts and Failing Banking Regulation in the United States: Dred Scott redux?
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Joseph Zernik, PhD
Human Rights Alert (NGO)
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://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* Foreclosure fraud: The homeowner nightmares continue
CNN (April 7, 2011)
* About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013
Bloomberg (January 2011)
* "...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/
_____
Human Rights Alert (NGO)
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.
_______
Flag Counter: 119
http://inproperinla.blogspot.com/
http://inproperinla.wordpress.com/
http://human-rights-alert.blogspot.com/
Total Reads: 475,060
Followers: 774
http://www.scribd.com/Human_Rights_Alert
http://twitter.com/inproperinla
http://www.liveleak.com/user/jz12345
Total Item Views: 393,338
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* Foreclosure fraud: The homeowner nightmares continue
CNN (April 7, 2011)
* About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013
Bloomberg (January 2011)
* "...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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