Friday, August 12, 2011

11-08-13 Success in defeating them // El éxito en la derrota de los // 成功击败他们

At 07:24 PM 8/12/2011, you wrote:
What successes have you enjoyed thus far?

Date: Sat, 13 Aug 2011 07:13:07 +0300
To: LH
From: joseph zernik
Subject: Re: Success in defeating them

That's a loaded question, but I like the challenge. Nobody asked me this question in a long time.

a) CV
Short CV is linked below.

b) Financially:
I have not made a penny in the past 4 years, and although one could call it early retirement, it was never planned this way.  I had to lower my standard of living considerably.

c) Personally
I am committed to continue in this pursuit as long as I am happy doing it.   I work well over 10 hours a day on the average, and I consider it a clear sign that I am still interested in what I am doing...

d) Mission statement:
I defined my mission a few years ago as follows:

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.
You should notice that this mission statement does not anticipate any direct effects as far as rectifying the wrongs.  However, I believe that I have already made a difference, both in the US and elsewhere, although under such complex circumstances it is almost impossible to measure.

Otherwise stated:  I had no background in any of the areas I routinely write about: banking, law, courts, and computer systems in government and banking.  Furthermore, I never considered myself a writer in the first place.  I have never anticipated 5 years ago that I would be involved in this type of activity either.  Things just happened, and I decided that I was going to do what I felt I needed to do, because nobody else was doing it.

e) Assessment of interim achievements:
In retrospect, I find myself more than qualified for the job:
  • In January 2007 I filed my first report (about 100 pages) with FBI. It analyzed with great precision the corruption of the US banking-government complex and predicted accurately the financial and political consequences.
  • I also realized from the start, that given the scope of the corruption, this is a long haul, and that I could not expect any immediate success.
In the intervening years, I have:
i) United Nations report adopt my submission and declare the California courts and legal profession "corrupt". It was a major surprise for me, I was sure that my short report would be ignored, since I had no credentials for the job.
ii) Lectured and published in computer science and criminology international meetings/journals.
iii) Communicated with leading authorities in academics, in the executive, legislative, and judicial branches in the US and elsewhere.
iv) Learned entirely new subjects.  I enclosed a message to a friend below, relative to my recent visit to Japan.
v) Had well over 1,000,000 readers in over 120 nations over the past 20 months.
vi) I have lost almost all my old friends.  Many would not talk with me anymore, either because of fear or because of disagreement with what I do and write.  I have also make numerous new friends (mostly by email) and enemies...

f) Future directions:
i)  I am preparing for submitting another report to the UN in 2012 regarding the justice system of another nation.
ii) I am preparing for submitting another report to the UN in 2014 re: Human Rights in the United States. My goal is to have the UN conclude that the US justice system suffers from widespread corruption.  I am working systematically towards that goal.
iii) I believe that I may make a concrete impact on my main issue of interest - computer systems in the courts, prisons, banks in a smaller nation before I can make any difference in the US.  I am working on that in parallel, but do not report it to the US audience.
iv) I hope to make a difference in UN recommendations and policies regarding computers in the courts and prisons.
v) I hope to make a difference in banking regulation in a smaller nation first.

g) Request for help:
I was told several years ago by knowledgeable people in the law enforcement business that the only meaningful way to fight back is through a Hollywood movie.  I have now a treatment under review... :)]

If you know any other studios, producers that may be interested, I would be grateful.  It was looked at a couple of years ago by Oliver Stone, but he demanded that I be listed with a particular agent, and I had no connections, and was basically living in the underground in California then, under constant threat.

Any help in connecting with agents would also be appreciated.

Tentative title: Love hurts, sex kills... Alternatively: Dr Ruth or Rosa Parks. I believe it is a good mix of sex, banking and crime... :)

  • When I started out in December 2006, I had no idea what I was getting into, and it was largely against my will.  I simply decided to go with the flow.  In 2008 I convinced myself that it was my karma.
  • Things happened, primarily in 2007-2010, which dramatically changed my life and outlook.   I was imprisoned twice, each time for a couple of days.  I spent more than two years under conditions that were nothing short of underground.
  • Looking back, I like to believe that I have achieved already more than I ever dreamed about, in an area that I had no idea I would be involved in.
  • I would like to think that once I am dead and buried,  I would have done a little bit of significant fighting against the mighty forces of darkness... :).
  • My motto: Our common civic duty in the Robber Baron Revival Era is to document the scope of the corruption!

[1]11-07-04 Joseph Zernik,PhD, Biographical Sketch

11-08-13 Kids for Cash and Visit to Japan // Los niños por dinero en efectivo y la visita a Japón // 儿童对现金及访问日本

Date: Sat, 13 Aug 2011 05:24:31 +0300
From: joseph zernik
Subject: RE: FATHERS-L FYI:One judge down thousands to go.


I just came back from the World Criminology Congress in Japan.  Normal tourists go to see museums, zoos, botanical gardens, they took us on tours to see adult and juvenile prisons.

It was surely an education, albeit, you can never know how accurate the facts are, provided by government officials under such circumstances.

- they claimed that in a nation of 150,000,0000 they have only 70,000 prisoners
- they claimed that they have only about 3,600 juveniles imprisoned.

With your research skills, I wonder if you could get back to me with alternative numbers.

The juvenile institution that we visited was of particular interest. It housed only about 60 juvenile offenders, said to be convicted on theft, sex, and drug crimes.  It was organized as a village of sorts, 10 kids (2 per a good size room) in a house with house mother and father full time, cooked meals, but also in house kitchen for light cooking.  They have general education, music, arts, swimming pool, vegetable garden, field trips... sports facilities that are used also by neighboring public schools...

They have no fences, and they claimed that for 60 kids they have on the average 300 escapes per year, but eventually the kids come back on their own, or are brought back...

They claimed to have a system of 60 such institutions across Japan, only 2 of them for higher security offenders.

The cost estimate is about 2 times higher than what the states pay for kids in juvenile penal institutions.

We talked with some of the juveniles... According to the data we were shown, their IQ is below average, and they tend to be ADHD (but hardly medicated), and often with various types of abuse background.  My impression was the same.  However, the kids looked happy.

The prisons looked back to the 50s:
- No air conditioners in very hot weather, only large fans.
- They are relatively crowded, but possibly not in comparison with Japanese homes: They sleep on Tatami mats, about 8 to a good size room
- They have various types of employment, from light industry to car mechanics (a vocational program).  We were told they made a decent pay, but were permitted to use in prison only a small fraction, the rest they must save.
- There were hardly any prisoners under solitary confinement, and the solitary confinement cells looked like 5 star hotels compared to my experience in the US.
- There are no prisoners chained (in contrast with the US in my experience).

Many of the prisoners appeared as members of organized crime by their extensive tattoo patterns.

Some of the older prisoners appeared as zombies, but that may be indeed the case.

They have some educational programs, sports, etc.

Security level appeared amateur compared to the US, but they claimed that there were hardly any escapes.

In my estimate, the cost of their prison, per person, is much lower than the cost in the US.

Justice system US v Japan

Talking with some Japanese experts, they expressed their criticism of the US system, primarily from the point of view of the size of the system, not only prison and prisoners, but attorneys, judges, courts, lawsuits.

The numbers in Japan are a small fraction.  They treat the US attorney/judicial class as parasitic, non productive segment of society.  The number of law schools in Japan is very small, and the number of graduates is similarly very limited.

Financial Crisis US v Europe

My impression was that the Europeans are bracing for the worst as well.  They seem to realize that they are being robbed, but resistance level are much higher in Europe, as already seen in Britain, Greece, France, Spain, etc.

However, I was stunned by stories from Finland.  They claimed that the bankruptcy/foreclosure is such, that they have people that lost their homes in the financial crisis of the 1980's and are still stuck paying their debt to the banks!!! Basically a serfdom system...


At 09:00 PM 8/12/2011, you wrote:
because they are being used to pay off Municipal bonds

the first two digits of the Case number, match the BOND number they are paying off (TITLE number) as per MUNI code


code of medical billing

a false allegation, starts paying off, as soon as there is a "diagnosis"...all those falsely imprisoned, have "victims" OR their own medical/mental diagnosis, raking in the revenue streams to pay off these municipal bonds

this is not specialized corruption, THIS, is Capit al ism (the political use of the human head to derive profit {G.D.P}

if you think this is disgusting, you should see the death derivatives (same insurance, medical billing procedures)

they hedged an 800 TRILLION dollar bet last year on they do every single year, in June...when this is not met, more people die

Date: Fri, 12 Aug 2011 20:42:00 +0300
Subject: RE: FATHERS-L FYI:One judge down thousands to go.


1) Slap on the writs

"WATCH the appeals court...these judges, and attorneys slapped on the hand, and presenting a show in the media, usually get off on technicality behind the scenes..."

I agree 100%.  They typically drag it a couple of years, until it is out of the public's mind, before letting the perps off...

2) What about release of the victims?

Initial reports repeatedly stated that thousands of juveniles (some gave more specific numbers, about 3.600, if I remember correctly)  were victims of the racket.

More recent report stated that close to 200 victims have been released.

What about the rest of them?

3) Kids for Cash vs Rampart scandal

This situation is becoming a copy of the Rampart scandal (1998-2000) in Los Angeles County, California.

Initial reports stated that the number of those falsely imprisoned was anywhere from 8,000-30,000 (!!!).

Four cops were initially convicted, later released on technicality (the Judge did mia culpa, and claimed that she misled the jury in jury instructions).  Later the same cops were awarded $15.000.000 in danages!!!

By 2006 the Blue Ribbon Review Panel report concluded "Innocent people remain in prison", since only about 200 victims were released.  The report also quoted the judges objecting to release of the victims, since it would lead to "collapse of the justice system".

4) Media coverage

If the Rampart scandal is any guide in this matter, you would hardly have media report on this case any longer.


At 03:57 PM 8/12/2011, you wrote:
there was not only this judge...he sold the children to juvenile detention centers, through psychology, with his peers, as is Policy...he also turned "state's"...where are all his peers?  the priests, psychologists, juvenile staff, attorneys, experts, and all the other players in this game?
WATCH the appeals court...these judges, and attorneys slapped on the hand, and presenting a show in the media, usually get off on technicality behind the scenes...

11-08-12 Fraud and Corruption in the US Courts are Tightly Linked to Failing Banking Regulation and the Global Economic Crisis // Fraude y corrupción en los tribunales de EE.UU. están estrechamente vinculados a la regulación bancaria y la falta de la crisis económica mundial // 在美国法院的欺诈和腐败是紧密相连失败的银行监管和全球经济危机

Fraud and Corruption in the US Courts are Tightly Linked to Failing Banking Regulation and the Global Economic Crisis - presentation in the 16th World Criminology Congress, Japan

US Judge Jed Rakoff, Clerk Ruby Karjick, SEC, and Bank of America colluded in conducting simulated litigation for the unlawful taking of $5.8 billions from shareholders by banking executives.  Review of the US District Court records shows that the litigation was fraud from the start.  At the end, no person was held accountable, no money was paid back, and the shareholders were ordered to pay to themselves a penalty of $150 millions.  Corruption of the courts is a central cause of the financial crisis, which is often overlooked. Conditions in the United States destabilize civil society and socio-economic development worldwide.


Jed Rakoff                                                                Ruby Krajick            
US Judge                                                                 Clerk of the Court              
Kobe, Japan, August 8  - "Corruption of the US courts is a central cause of the financial crisis, which is often overlooked," says Joseph Zernik, PhD, of Human Rights Alert (NGO), [1] who presented in the 16th World Criminology Congress analysis of fraud in civil litigation in the US District Court, Southern District of New York, under Securities and Exchange Commission (SEC) v Bank of America Corporation (BAC). [2, 3]

The main topic of the Congress was criminality underlying the current global financial crisis.
SEC v BAC is of particular significance, since the case was:

    *       Litigated in the US District Court, Manhattan  key court in corporate regulation;
    *      Widely reported by media, and
    *       Was staged as restoration of enforcement of US banking regulation.
The underlying matter was the unlawful taking of $5.8 billions by banking executives during the merger of Bank of America and Merrill Lynch in late 2008, and charges of Securities Fraud.
The presentation at the World Criminology Congress used the case to demonstrate:

*       The inherent fraud in the electronic record systems of the US courts (PACER & CM/ECF), [4,5] and
*       The role of the US courts in undermining banking regulation and permitting criminality by financial institutions.
The study was based on analysis of electronic record systems, as implemented in the US District Court in NYC, and litigation records in the specific case, derived from the court itself, through FOIA requests on SEC, and from the Fair Fund Administrator.

The Court itself denied access to the summons, to the minutes, and to the electronic authentication records in the case, in apparent violation of the law.  However, the summons, discovered through FOIA request on SEC showed that no valid summons was issued, executed, or waived.  SEC also confirmed that no records existed for the minutes of the proceedings in this case.  Court records showed that the case docket was opened without the required Civil Cover Sheet, and rulings were made on matters, where no motions were docketed (e.g. for the proposed settlement agreement).

Initially, SEC and BAC sought a settlement, where the victims  the shareholders  would have paid $33 millions in penalty to the US government, while no executive were to be held accountable, and no moneys were to be returned to the shareholders.  The final settlement agreement still held no executive accountable, and required no executive to return moneys that were unlawfully taken.  However, the victims  the shareholders  were eventually ordered to pay $150 millions to themselves. 

In contrast, investigation of the same matter by State of New York Attorney General Andrew Cuomo, as summed up in letter to the US Congress, [6] prompted independent financial analysts to call for criminal indictments of BAC executives, then US Treasury Secretary Henry Paulson, and Federal Reserve Chair Ben Bernanke.

Mainstream media, the Wall Street Journal, the New York Times, the Washington Post, and the Times of London, covered the litigation dozens of times, falsely reporting that Judge Jed Rakoff was determined to get to the bottom on the matter, and that SEC was determined to prosecute the perpetrators.

"US Judge Jed Rakoff, Clerk Ruby Karjick, SEC, and Bank of America colluded in conducting simulated litigation," [7] concludes Dr Zernik.

In a separate presentation, Dr Zernik provided evidence of racketeering by California judges in Los Angeles through financial institution, real estate and foreclosure fraud, [8,9] and close ties between the LA-JR (Los Angeles Judiciary Racket), the Los Angeles-based Countrywide, and later Bank of America. [10]

Combined, the two presentations demonstrated the central role of corruption in the state and US courts in criminality underlying the current financial crisis - the main subject of the 16th World Criminology Congress. 

The presentations proposed that the United States has entered an unprecedented constitutional crisis, in which the executive and the legislative branches are undermined by the judiciary. 
The crisis is highlighted by:

*       Unprecedented deprivation of life, liberty and property with no due process of law; [11] 
*       The recent blocking of access to the US courts by the US Supreme Court in a wide range of cases, [12] and
*       Immunity provided to financial institutions for large-scale criminality against the People in return for "settlements" paid to the US government. [13]
The resulting conditions were compared to the Robber Baron Era, where the Robber Barons were immune from prosecution.
Accordingly, it was proposed that:

*       The current financial crisis was unlikely to be alleviated unless corruption of the justice system in the United States was addressed, and
*       The United States faced an increasing risk of social unrest. 
Conditions in the United States were pointed out as destabilizing civil society and socio-economic development worldwide.
[1] 11-02-12 Dr Joseph Zernik Bio
[2] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
[3] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Simulated Litigation and Simulated Banking Regulation in the United States
[4] 10-08-18 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)
[5] 11-07-06 Request filed by Windsor and Zernik with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts
[6] 09-04-23 RE: SEC v BAC (1:09-cv-06829) State of New York Attorney General Andrew Cuomo Letter to US Congress and analysts' responses:
[7] Simulated litigation
Texas Penal Code Section 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.
[8] 11-08-08 PRESS RELEASE: Los Angeles Superior Court - Widespread Corruption and Refusal of the US Government to Take Action_Presentation in the 16th World Criminology Congress
[9] 11-01-07 Superior Court of Los Angeles County, California: Widespread Public Corruption and Refusal of US Department of Justice to Take Action
[10] 10-05-05 Countrywide, Bank of America [NYSE:BAC], and its President Brian Moynihan: Compilation of Records, Evidence of Racketeering
 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
 11-03-20 PRESS RELEASE: Lomas v Bank of America (KC059379) - Bank of America Continues Racketeering in the Los Angeles Superior Court-
[11] 11-06-14 Corruption of the Courts and Failing Banking Regulation in the United States: Dred Scott redux?
[12] 11-07-06 Chemerinsky, Erwin: the Supreme Court Closes the Door to Justice, Los Angeles Times
[13] 11-07-21 Banks to Pay $25 Billion Bribe for Immunity _Information Clearing House_ ICH
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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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."
Prof Paul Krugman, MIT (2011)
"...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
* "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)
* "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)
"...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010)
"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)
"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)
"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)
* 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)