Tuesday, April 26, 2011

11-04-27 Harvard Law Professor Yochai Benkler is provided with additional evidence of large-scale computer fraud in the US courts // Fraude en los tribunales de los EE.UU. // 在美国法院欺诈

The US courts computer systems - PACER and CM/ECF - enable the routine churning out of fraudulent records in the US  courts.  The systems undermine both Human Rights and Banking Regulation in the United States. Prof Yochai Benkler, an expert on computers and the law, has been asked to review the evidence and provide an opinion.

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Los Angeles, April 27 - "Large-scale computer fraud undermines the foundation of the US courts and US justice system," says Joseph Zernik, PhD, of Human Rights Alert (NGO), "the evidence is pervasive of routine issuance of adulterated court records."

Professor Yochai Benkler, of Harvard Law School, an expert on computers and the law, has been previously provided with evidence of the fraud in PACER and CM/ECF - the record keeping systems of the US Courts. [[i],[ii]]  That evidence was primarily produced by Dr Zernik.  Dr Zernik's findings were also published in an international computer science journal, with Editorial Board listing scholars from six European nations and Canada, including Director of the IBM Research Center in Ireland. [[iii]]  Leading law and technology journals in the United States refused to review papers on the subject.
Now, Dr Zernik has provided Prof Benkler with additional evidence of the fraud in PACER and CM/ECF from an independent source - a publication in the National Law Journal by ProPublica reporter Dafna Linzer, documenting adulteration of court records in the habeas corpus case of GITMO detainee Uthman Abdul Rahim Mohammed Uthman in the US District Court in Washington DC.  [[iv]]

The US courts have installed an online public access system (PACER) and case management system (CM/ECF) in the early 2000s.  " PACER and CM/ECF enable the courts to routinely publish online records that are fraud," says Dr Zernik.

The best example, showing the systems enabling the 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").  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, 9thCircuit, appeared as true litigation in the online PACER records, but were replete with unsigned, uncertified - invalid court records. [[v]]

According to Dr Zernik, the fraud in US courts records is not limited to civil rights cases, but also undermine banking regulation.  Dr Zernik 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 Corporationin the US Court in New York by Judge Jed Rakoff. [[vi]]  "Fraud in the US courts undermines any prospect of honest banking regulation in the United States during the current financial crisis," Dr Zernik says.

While internationally, Dr Zernik's opinions regarding fraud in computer systems of both the state and US courts are re-affirmed, US experts have so far been reluctant to opine on the matter. [[vii], [viii],[ix],[x]] 

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.


[i] 11-04-14 PRESS RELEASE: Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the US courts
[ii] 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
[iii] 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)
[iv] 0-10-11 in GITMO Opinion, Two Versions of Reality - The National Law Journal
[v] 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
[vi] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States
[vii] 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
09-04-20 Prof Eliyahu Shamir, Hebrew University, Jerusalem, directory information
[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".
[ix]  Zernik, J: Fraud and Corruption in US Courts are Tightly Linked to Banking Fraud and the Global Economic Crisis, 16th World Criminology Congress, 2011
[x] Zernik, J: Corruption of the Courts and the Legal Profession in California Noted in a 2010 United Nations Report, 16th World Criminology Congress, 2011