11-04-14 Welcome Canada! // Bienvenido Canada! // 欢迎来到加拿大！

Last New Visitor Canada Visited April 14, 2011

11-04-14 Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the courts // Profesor de derecho de Harvard se le pide que opine sobre el fraude en las computadoras de los tribunales // 哈佛大学法学教授被要求欺诈法院认为现时的电脑

Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the courts

Computer systems enable the routine churning out of fraudulent records in both the state and US  courts.  The key systems are Sustain and eCourt in the state courts, and PACER and CM/ECF in the US courts.  Prof Yochai Benkler of Harvard Law School, an expert on computers and the law, has been asked to provide an opinion.

 

Los Angeles, April 14 - "If for no other reason, the case of Lomas v Bank of America in the Los Angeles Superior Court is important," says Joseph Zernik, PhD, of Human Rights Alert (NGO), "for clearly documenting the pervasive fraud in the computerized records of the Los Angeles Superior Court".

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.  The litigation is opined by Dr Zernik as Fraud on the Court through collusion of BANK OF AMERICA CORPORATION, California Judge PETER MEEKA, and Clerk of the Court JOHN A CLARKE, aimed to dispossess Lomas, while denying her due process and access to an honest court. [[i]]

"Judge Meeka and the Clerk of the Court created false online 'Case Summary', which would falsely lead a naive person to conclude that true litigation is being conducted", says Dr Zernik, "but the 'Minutes' show that none of it was considered by the court itself as real litigation".

The online "Case Summary", produced through the e-Court system by Sustain Technologies, Inc, listed a series of proceedings and the corresponding rulings.  The "Minutes" of the same proceedings were recorded through the Sustain case management system of the same company.  The "Minutes" show that Judge Meeka routinely listed the proceedings as "off of the record", and that none of the minutes were certified by the Clerk of the Court.

An extreme example was found in the April 8, 2011 "proceeding", when Plaintiff Lomas tried to protect her due process rights.  The "Case Summary" (Figure 1) for that date shows: "Department O, Meeka, Peter J Presiding, Exparte proceeding - Denied".

Figure 1: April 8, 2011 "Ex Parte Proceedings" for due process rights - excerpts from the online "Case Summary" of the eCourt system of the Los Angeles Superior Court. 

The "Minutes" (Figure 2) for the same "proceeding" show an empty minutes form, with the date of "00/00/00", no case caption or number, no judge, no department, no deputy clerk listed, and no proceeding or ruling either.

Figure 2: April 8, 2011 "Ex Parte Proceedings" for due process rights -  "Minutes" from the Sustain system of the Los Angeles Superior Court.

"Sustain is opined as a large-scale computer fraud" says Dr Zernik.  His opinion in this matter was supported by a world-renowned computer science expert. [[ii]] 

The system originated around 1985 in Los Angeles, California.  According to Sustain Technologies, Inc, the system is by now implemented in the courts of 11 states. [[iii]] Sustain Technologies, Inc itself is a wholly owned subsidiary of the Daily Journal, the largest legal daily in California, which is believed to be controlled by the California Bar Association.

Computer fraud is not unique to the state courts.  The US courts have installed an online public access system (PACER) and case management system (CM/ECF) in the early 2000s.  "The principle is the same.  The courts routinely publish online records that are fraud, while keeping a separate system for the court, which shows, which records are real, and which ones are not" says Dr Zernik.  His opinion of fraud in PACER and CM/ECF was published in an international computer science journal with an Editorial Board listing scholars from six European nations and Canada, including Director of IBM Research Center in Ireland. [[iv]]  Leading law and technology journals in the United States refused to review papers on the subject.

Dr Zernik also produced detailed review of the fraud in conduct of litigation in cases of the highest public policy significance, which were repeatedly reported in both US and international media, including, but not limited to the litigation of SEC v Bank of America Corporation in the US Court in New York by Judge Jed Rakoff. [[v,vi]]
The best example, showing the systems working together to abuse Human Rights, according to Dr Zernik, remains the case of the arrest and habeas corpus petitions of the 70 year-old former US prosecutor Richard Fine.  Richard Fine exposed and rebuked the taking by Los Angeles judges of "not permitted" payments ("bribes"). 

On March 4, 2009, media reported that a "Sentencing Proceeding" was conducted in the Los Angeles Superior Court.  However, the online "Case Summary" in eCourt had no listing of such proceeding at all, and the Court continues to deny access to the Register of Actions (California civil docket) of the case in Sustain.
Later, Richard Fine was held for 18 months in solitary confinement by the Los Angeles Sheriff's Department.  However, the online Inmate Information Center listed him as imprisoned on location and by authority of the non-existent "Municipal Court of San Pedro". 

Fine's habeas corpus petition in the US District Court in Los Angeles and the US Court of Appeals, 9^th Circuit, appeared as true litigation in the online PACER records, but were replete with unsigned, uncertified - invalid court records. [[vii]]

In 2010, Dr Zernik authored a report on Human Rights in Los Angeles County, California, which was submitted to the United Nations Human Rights Council for the first ever Universal Periodic Review of Human Rights in the United States. The report was based in part on review of the large-scale fraud in the records of the courts and prisons in Los Angeles County.  His report was later incorporated into the official Staff Report of the United Nations, with a note regarding "corruption of the courts and the legal profession". [[viii]]

Dr Zernik is going to deliver two lectures on the subject in the upcoming World Criminology Congress. "Corruption of the US justice system is one of the key factors in the current world economic crisis, which the main subject of the Congress," he explains.

While internationally, Dr Zernik's opinions are re-affirmed, US experts have so far been reluctant to opine on the matter.  Law Dean Erwin Chemerinsky of the University of California, and Law Dean Martha Minow of Harvard University have previously refused to provide an opinion. The former claimed that he had no expertise in computers and court administration, and the latter claimed that she was prevented from opining on the matter due to her position as Harvard Law Dean.  Most recently, Dr Zernik has asked Prof Yochai Benkler of Harvard Law School, an expert on computers and the law, to opine on the matter.

Prof Benkler was one of the authors of the recent letter regarding the humiliation of Private Bradley Manning. "Prof Benkler has shown courage in highlighting the abuse of the Human Rights of Private Manning.  I hope that he would also be willing to review the evidence of abuse of Human Rights of all in the United States," says Dr Zernik.

LINKS:
[i] 11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in the Los Angeles Superior Court
http://www.scribd.com/doc/51160102/ 
11-04-07 PRESS RELEASE: Lomas v BofA (KC059379) - Judge Meeka is Requested to Restore Due Process, Declare Any Benefits from BofA
http://www.scribd.com/doc/52494342/
11-04-12 PRESS RELEASE: California Judge Peter Meeka Refuses to Disclose Financial Benefits to Him by Bank of America, Accord Due Process
http://www.scribd.com/doc/52846502/
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
http://www.scribd.com/doc/52921960/
[ii] 09-04-20 Prof Eliyahu Shamir's Opinion Letter re: Sustain - the Case Management System of the Superior Court of California, County of Los Angeles
http://www.scribd.com/doc/46069337/
09-04-20 Prof Eliyahu Shamir, Hebrew University, Jerusalem, directory information
http://www.scribd.com/doc/30454039/
[iii] Sustain Technologies
http://www.sustain.net/
[iv] Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
http://www.scribd.com/doc/38328585/
[v] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States
http://www.scribd.com/doc/44663232/
[vi] 11-02-09 'Don't Ask, Don't Tell": the US Court of Appeals, 9th Circuit Insists on Conducting a Pretense Appeal from a Pretense Judgment of the US District Court
http://www.scribd.com/doc/49070315/
[vii] 10-04-20 Fine v Baca (09-A827) at the US Supreme Court: Motion to Intervene and related papers: Motion to Intervene and related papers
http://www.scribd.com/doc/30304657/ 
http://www.scribd.com/doc/30161573/  
http://www.scribd.com/doc/30161636/ 
http://www.scribd.com/doc/30162109/ 
http://www.scribd.com/doc/30162144/ 
http://www.scribd.com/doc/30161692/ 
http://www.scribd.com/doc/30185575/ 
[viii] 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".
http://www.scribd.com/doc/38566837/

11-04-13 The Federal Reserve // La Reserva Federal // 美国联邦储备委员会

Why is the Federal Reserve forking over $220 million in bailout money to the wives of two Morgan Stanley bigwigs?

By Matt Taibbi

April 13, 2011 "Rolling Stone" - -America has two national budgets, one official, one unofficial. The official budget is public record and hotly debated: Money comes in as taxes and goes out as jet fighters, DEA agents, wheat subsidies and Medicare, plus pensions and bennies for that great untamed socialist menace called a unionized public-sector workforce that Republicans are always complaining about. According to popular legend, we're broke and in so much debt that 40 years from now our granddaughters will still be hooking on weekends to pay the medical bills of this year's retirees from the IRS, the SEC and the Department of Energy.

Most Americans know about that budget. What they don't know is that there is another budget of roughly equal heft, traditionally maintained in complete secrecy. After the financial crash of 2008, it grew to monstrous dimensions, as the government attempted to unfreeze the credit markets by handing out trillions to banks and hedge funds. And thanks to a whole galaxy of obscure, acronym-laden bailout programs, it eventually rivaled the "official" budget in size - a huge roaring river of cash flowing out of the Federal Reserve to destinations neither chosen by the president nor reviewed by Congress, but instead handed out by fiat by unelected Fed officials using a seemingly nonsensical and apparently unknowable methodology.

Now, following an act of Congress that has forced the Fed to open its books from the bailout era, this unofficial budget is for the first time becoming at least partially a matter of public record. Staffers in the Senate and the House, whose queries about Fed spending have been rebuffed for nearly a century, are now poring over 21,000 transactions and discovering a host of outrages and lunacies in the "other" budget. It is as though someone sat down and made a list of every individual on earth who actually did not need emergency financial assistance from the United States government, and then handed them the keys to the public treasure. The Fed sent billions in bailout aid to banks in places like Mexico, Bahrain and Bavaria, billions more to a spate of Japanese car companies, more than $2 trillion in loans each to Citigroup and Morgan Stanley, and billions more to a string of lesser millionaires and billionaires with Cayman Islands addresses. "Our jaws are literally dropping as we're reading this," says Warren Gunnels, an aide to Sen. Bernie Sanders of Vermont. "Every one of these transactions is outrageous."

But if you want to get a true sense of what the "shadow budget" is all about, all you have to do is look closely at the taxpayer money handed over to a single company that goes by a seemingly innocuous name: Waterfall TALF Opportunity. At first glance, Waterfall's haul doesn't seem all that huge - just nine loans totaling some $220 million, made through a Fed bailout program. That doesn't seem like a whole lot, considering that Goldman Sachs alone received roughly $800 billion in loans from the Fed. But upon closer inspection, Waterfall TALF Opportunity boasts a couple of interesting names among its chief investors: Christy Mack and Susan Karches.

Christy is the wife of John Mack, the chairman of Morgan Stanley. Susan is the widow of Peter Karches, a close friend of the Macks who served as president of Morgan Stanley's investment-banking division. Neither woman appears to have any serious history in business, apart from a few philanthropic experiences. Yet the Federal Reserve handed them both low-interest loans of nearly a quarter of a billion dollars through a complicated bailout program that virtually guaranteed them millions in risk-free income.

READ THE FULL STORY:
http://www.informationclearinghouse.info/article27883.htm

11-04-13 Judicial Corruption // La corrupción judicial // 司法腐败

New Mexico:

Supreme Court rejects request to suspend Murphy

By Heath Haussamen • 4/12/11, 12:57 am • 

District Judge Mike Murphy

The N.M. Supreme Court on Monday rejected a request to suspend Third Judicial District Judge Mike Murphy, who is facing possible indictment on bribery charges.

The court said little in its order rejecting the request for immediate but temporary suspension, except to formally deny the Judicial Standards Commission’s April 5 request and order that “the sealed pleadings and sealed exhibits shall be returned” to the commission.

The order from Chief Justice Charles W. Daniels states that the other four justices concurred.

Read the full story:

http://www.nmpolitics.net/index/2011/04/supreme-court-rejects-request-to-suspend-murphy/

11-04-13 Welcome Ukraine! // Bienvenido Ukraina! // 乌克兰欢迎您！

Last New Visitor Ukraine Visited April 13, 2011

11-04-13 Welcome Venezuela! // Bienvenido Venezuela! // 委内瑞拉欢迎！

Last New Visitor Venezuela Visited April 13, 2011

11-04-13 Fraud by Bank of America in the Los Angeles Court // Fraude por parte de Bank of America en la Corte de Los Ángeles // 美国银行诈骗案在洛杉矶法庭

BofA, Brian Moynihan are Asked to Disclose their Attorney of Record in the Los Angeles Superior Court
Ongoing refusal of the US Government to subject Bank of America to the rule of law, combined with "corruption of the courts and the legal profession", undermine the US financial systems and violate the US obligations in international banking accords and Human Rights conventions.     
 
 

Los Angeles, April 13 - 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.  The case is opined as Fraud on the Court through collusion of BANK OF AMERICA CORPORATION, California Judge PETER MEEKA, Clerk of the Court JOHN A CLARKE, and Attorney MARK ASDOURIAN, aimed to dispossess Lomas, while denying her due process and access to an honest court.

Now, Lomas has requested Bank of America and its President BRIAN MOYNIHAN to disclose the identity of their Attorney of Record, if any, in the case. [[i]]

Fraud by financial institutions in the state and US courts through appearances by unauthorized attorneys "with no communications with clients" clause has been going on for years  - with the full knowledge of the courts and law enforcement - but with no consequences to the perps.  The unauthorized attorneys file false records and declarations, but never file any records signed by their clients. Through such fraud, the clients are provided deniability for the criminal conduct of their attorneys. 
This type of fraud was most eloquently described in a 2008 Memorandum Opinion by the Hon Jeff Bohm from the US Bankruptcy Court in Texas, based on a yearlong study of the litigation practices of Countrywide in courts across the United States. [[ii]] 

The evidence indicates that Bank of America and Attorney Mark Asdourian are involved in such fraud in the case of Lomas v Bank of America in the Los Angeles Superior Court as well: [[iii]]

• Attorney Mark Asdourian appears in the case for BofA, while refusing to provide certificate of Attorney of Record. 
• Attorney Asdourian has filed false and deliberately misleading banking records as "Request for Judicial Notice", which was granted by Judge Peter Meeka.
• No declaration or any other record signed by Bank of America authorized person was ever filed in the case.

Needless to say, this type of fraud is contrary not only to the law, but also to the Bank of America Code of Ethics and Outside Counsel Procedures, which prohibit appearances by unauthorized attorneys and obstructionist conduct in litigation. [[iv]]

Brian Moynihan, today President of Bank of America, is readily familiar with this type of fraud from his tenure as General Counsel of Bank of America.  Evidence to that effect was previously provided to the US Congress, to SEC, to the Controller of the Currency, to FBI, and to the US Attorneys Office: [[v]]

• Appearances of unauthorized attorneys were widely practiced by Countrywide;
• Following the January 8, 2008 publication of fraud in the US Court in Pennsylvania, the bank collapsed;
• Following the July 1, 2008 takeover of Countrywide by Bank of America, under the tenure of Timothy Mayopoulos as General Counsel, such practices were brought to a halt, but
• Within 24 hours of the December 10, 2008 ouster of Mayopoulos and his replacement by Brian Moynihan, the practice was resumed.

The evidence of fraud in conduct of Judge Meeka and Clerk John Clarke in the case of Lomas v Bank of America has been continuously growing: [[vi]]

• Judge Meeka refuses to provide a statement on the record regarding financial benefits to him, if any, by Bank of America, and issued false "minutes" instead.
• Judge Meeka refuses to accord Plaintiff Lomas due process notice and service of minutes and access to court records.
• None of the minutes were certified by the Deputy Clerk of the Court;
• None of the minutes were noticed and served by the Court;
• Multiple proceedings were secretly listed in the minutes as "off of the record";
• No Initial Case Management Conference was ever held;
• Plaintiff has been repeatedly denied access to the Register of Actions (California civil docket), where the true registration of the proceedings (or lack thereof) would be discerned;
• An invalid online "Case Summary" is published by the Court, which would lead a naive reader to conclude that valid and effectual proceedings have been held and rulings have been entered by the court.

Ongoing refusal of the US Government to subject Bank of America to the rule of law, combined with "corruption of the courts and the legal profession" [[vii]] undermine the US financial system and economic recovery.

LINKS:


[i] 11-04-12 Lomas v BofA (KC059379) Brian Moynihan and General Counsel of BofA are asked to disclose Attorney of Record
http://www.scribd.com/doc/52914197/
[ii] 11-04-09 Loopholes for Criminality in the State and US Courts - False Appearances by Unauthorized Attorneys
http://www.scribd.com/doc/52648250/
[iii] 11-03-31 Lomas v Bank of America (KC059379) Request and Response for Certification of Authority as Attorney of Record
http://www.scribd.com/doc/52516705/
[iv] 09-01-27 Bank of America Code of Ethics
http://www.scribd.com/doc/32173783/
08-12-11 Bank of America - Outside Counsel Procedures
http://www.scribd.com/doc/27932516/
[v] 10-05-05 Countrywide, Bank of America [NYSE:BAC], and its President Brian Moynihan - Compilation of Records - Evidence of Racketeering
http://www.scribd.com/doc/30975368/
[2] 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
http://www.scribd.com/doc/30979882/
[3] 10-07-06 Complaint Filed with US Attorney Office Los Angeles Against Moynihan Bank of America [NYSE:BAC], Bryan Cave LLP, Alleging Racketeering
http://www.scribd.com/doc/33971099/
[4] 10-07-06 Complaint Filed with US Attorney Office, Los Angeles, against Brian Moynihan, Bank of America [NYSE:BAC], Bryan Cave LLP, Alleging Racketeering and Large Scale Financial Institution Fraud
http://www.scribd.com/doc/33971099/
[vi] 11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in the Los Angeles Superior Court
http://www.scribd.com/doc/51160102/
11-03-20 Lomas v Bank of America (KC059379) in the Superior Court of California County of Los Angeles online "Case Summary" and Minutes
http://www.scribd.com/doc/51157264/
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
http://www.scribd.com/doc/52336989/
11-04-06 Lomas v Bank of America (KC059379) "Request[s] for Judicial Notice"- Additional Evidence of Fraud on the Court in Foreclosure Procedure
http://www.scribd.com/doc/52420585/
11-04-07 Press Release: Lomas v BofA (KC059379) � Judge Meeka is Requested to Restore Due Process, Declare Any Benefits from BofA
http://www.scribd.com/doc/52494342/
11-03-31 Lomas v Bank of America (KC059379) Request and Response for Certification of Authority as Attorney of Record
http://www.scribd.com/doc/52516705/
11-04-08 Lomas v Bank of America (KC059379): Ex Parte Applications for Due Process and for a Statement by California Judge Peter J Meeka Regarding Financial Benefits to Him by Bank of America
http://www.scribd.com/doc/52844251/
11-04-12 PRESS RELEASE: California Judge Peter Meeka Refuses to Disclose Financial Benefits to Him by Bank of America, Accord Due Process
http://www.scribd.com/doc/52846502/
[vii] 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".
http://www.scribd.com/doc/38566837/

11-04-13 Welcome Hong Kong! // Bienvenido Hong Kong! // 欢迎香港！

Last New Visitor Hong Kong Visited April 13, 2011