The paper
documents large scale fraud in the California (Sustain) and US (PACER and
CM/ECF) courts' electronic record systems.
The systems enable the deprivation of liberty and property with no due
process of law, abuse of Human Rights and undermining of banking regulation
under the current crisis. The systems also violate the respective laws,
pertaining to the administration of the courts. The paper was subjected to
anonymous peer-reviewed and was accepted by CYBERLAW 2013, a law and technology
conference. To this date, no US-based law journal in the fields of
Human Rights and Law and Technology, where such papers were submitted, agreed
to process them for scholarly peer-review.
Two weeks after acceptance by CYBERLAW 2013 anonymous peer-review, the
paper was "rejected" through a dubious procedure by a self-identified
"volunteer" and "logistics" of the organizers, IARIA – the International Academy, Research,
and Industry Association.
Sustain, PACER
& CM/ECF– the electronic record systems of the Los Angeles Superior Court
and the US courts, respectively.
Los Angeles and Jerusalem, December 17 – a paper,
documenting large-scale fraud in design and operation of the electronic record
systems of the California (Sustain) and US courts (PACER & CM/ECF) was subjected
to anonymous peer-review and was accepted for publication by CYBERLAW 2013, an
international law and technology conference. [1]
The paper, authored by Joseph Zernik, PhD, of Human
Rights Alert (NGO) documents how the electronic record systems of the courts enable the deprivation of liberty and property with no
due process of law, abuse of Human Rights and undermining of banking regulation
under the current crisis.
Papers by the same
author on similar subjects were previously peer-reviewed and published in international
technology and criminology journals. The
current paper adds case studies from recent years and legal analysis of the
fraud in the electronic record systems of the courts, relative to the
California and US law.
In the California
courts:
·
In Lomas v Bank of America Corporation in the Superior Court of California,
County of Los Angeles Susan Lomas attempted to protect her rights against real-estate
fraud by Bank of America. California
Judge Peter Meeka conducted on Lomas proceedings which, as was later
discovered, were secretly noted in the minutes in Sustain, "off of the
record".
·
In Marina Strand Colony II Homeowners Assn vs County of LA, in the Superior Court of California, County of Los
Angeles, former US prosecutor Richard I. Fine, Attorney for Plaintiff, exposed
and rebuked the taking by California judges of "not permitted
payments" (called by media "bribes"). Fine was subjected by California Judge David
Yaffe to simulated litigation, which ended with Fine's false imprisonment. Later, Sheriff Lee Baca of Los Angeles County
held Fine for 18 months in solitary confinement (considered torture by
international standards) under simulated booking records, which showed that
Fine was arrested on location and by authority of the non-existent
"Municipal Court of San Pedro".
In the US courts:
·
In Richard Fine v
Sheriff of Los Angeles County in the US District Court, Central District of
California, US Court of Appeals for the 9th Circuit, and the US
Supreme Court, the habeas corpus petition of Fine was subjected to simulated review
and repeatedly denied, while fraudulent, unauthenticated court minutes and
decisions were recorded.
·
In Log Cabin
Republicans v USA et al in the US Court, Central District of California,
and later in the US Court of Appeals for the 9th Circuit, the 'Don't
Ask Don’t Tell' policy of the US Armed Forces was challenged. In 2004 US Judge George
Schiavelli issued a judgment in the case in favor of the United States and the
case was listed as 'Closed'. The 2004
Judge George Schiavelli Judgment was never overturned through an appeal, or any
other judicial process. In 2010 US Judge Virginia Phillips appeared in the same
case and issued the opposing judgment, in favor of the Log Cabin Republicans. The
US Court of Appeals for the 9th Circuit knowingly conducted a simulated appeal
from the simulated Judge Phillips' judgment in this case.
·
In Citizens United v
Federal Election Commission in the Supreme Court of the United States, the First
Amendment was purported to permit unlimited donations by corporations to
political campaigns. The electronic record system of the Supreme Court lists
"judgment issued", but no judgment is to be found in the Supreme Court's
electronic record system, and no judgment was served on the Federal Election
Commission.
·
In Netsphere Inc et
al v. Baron et al in the US District Court, Northern District of Texas, Jeffrey
Baron, a successful hi-tech enterpreneur was subjected to simulated litigation
by US Judge Judge W. Royal Furgeson, Jr. The litigation was initiated with no
valid summons and multiple simulated minutes and order records were registered
by the Court. In November 2010 through
an Ex Parte Emergency Motion, a receiver was appointed over Jeffrey Baron's
person and assets, a notion akin to slavery.
Regardless of multiple filings by Baron in the US Court of Appeals, 5th
Circuit, such corrupt court practices are permitted to stand.
·
In Securities and
Exchange Commission (SEC) v Bank of America Corporation (BAC) in
the US Court, Southern District of New York, a landmark litigation under the
current financial crisis, US Judge Jed Rakoff conducted simulated litigation,
with no valid summons, with no minutes records, and where the court continues
to deny access to the clerk's authentication records. As the outcome of such conduct, banking
executives, who unlawfully took $5.8 billion of shareholders' moneys, were
permitted to keep the ill-gotten funds and none of the executives was held
accountable.
The CYBERLAW 2013 paper also documents how in no case,
where a court was noticed of the ongoing conduct of fraud on the court, did the
court correct the false judicial records, or cease the conduct of the simulated
litigation.
The paper provides detailed legal analysis, how Sustain
and PACER & CM/ECF violate the laws of California and the US, respectively,
pertaining to the administration of the courts, how they undermine the
integrity of the offices of the clerks of the courts and amount to the maintenance
of double-books of judicial records. The
records, which the courts present to the public in their online access systems,
are not necessarily records that the courts themselves consider valid and
effectual. However, the public is denied access to data, which the courts hold,
and which would have permitted the public to distinguish between valid and invalid
court records.
Combined, the paper describes the electronic record
systems of the California and US courts as shell-game fraud.
The current paper
offers far-reaching conclusions: In
civilized societies, where separation of the powers of the branches of
government is established by law, and where no court is permitted to enact its
own rules of operation, no court should be permitted to develop and implement
its own electronic record system.
Previously, US-based journals in Human Rights, or Law and
Technology refused to review papers on similar subjects. [2,3] Likewise,
no US-based legal expert has agreed to opine on such matters on the record. [4,5,6]
In contrast, similar papers were subjected to anonymous peer-review,
accepted, published, and presented in Data Analytics, Data Mining, and Criminology
conferences in recent years.
Two weeks after
acceptance of the current paper by CYBERLAW 2013 through anonymous peer-review,
the paper was "rejected" through a dubious procedure by a
self-identified "volunteer" and "logistics" of the
organizers, IARIA - the International
Academy, Research, and Industry Association. [7] Concomitantly,
the author, Dr Joseph Zernik, PhD, of Human Rights Alert (NGO), was invited by
the same organizers to participate in two discussion panels in the same
conference.
In response, Dr Zernik forwarded
his objection to the latest notice of rejection by IARIA and asked for
corrective actions by IARIA elected officers. [7] In his December 15th
letter, Dr Zernik notes that rejection through an
ambiguous procedure of dubious authority was employed to overturn the acceptance
through anonymous scholarly peer-review;
that the reasons, which are now provided for the rejection, are in part
invalid, and in part ludicrous, and that conduct of IARIA amounts to effective censorship
of novel, peer-reviewed report, which details large-scale fraud in the
electronic records of the courts.
The 2010 submission of Human Rights
Alert to the Human Rights Council (HRC) of the United Nations was in part based
on analysis of the fraud in the electronic records of the Superior Court of California,
County of Los Angeles, and the Los Angeles County Sheriff's Department. The submission was reviewed and incorporated
into the official HRC Professional Staff Report with a note referring to
“corruption of the courts and the legal profession and discrimination by law
enforcement in California.”
The CYBERLAW 2013 is
planned as part of the 2013 submission by Human Rights Alert (NGO) for the 2014
Universal Periodic Review of Human Rights in the United States by the HRC. Corruption of the courts in collusion with
financial institutions and other large corporations is increasingly recognized
as central factor in the abuse of Human Rights under the current socio-economic
crisis in the United States. (see quotes below)
LINKS:
[1] 12-10-19
Invalid Electronic Record Systems of the State and Federal US Courts – Enablers
of Human Rights Abuse and the Financial Crisis – CYBERLAW 2013 paper –
peer-reviewed and accepted
[2] 10-09-09
Press Release: Harvard Law Dean Martha Minow, Board of Advisors of Harvard
Civil Rights Civil Liberties Law Review Asked for Acknowledgement of Receipt of
Paper Submitted to the Journal
[3] 10-09-08
Harvard, Yale Law Journals Refuse to Review Paper Documenting Corruption of the
US Justice System
[4] 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
[5] 10-04-25
Request and Refusal of Opinion Letter by Harvard Law School Dean Martha Minow
in re: Alleged Fraud in PACER and CM/ECF
[6] 11-07-21
Asking Harvard Law Professor Elizabeth Warren to opine on evidence of
large-scale fraud in the electronic records of the US courts
[7] 12-12-15
Correspondence with IARIA CYBRALAW 2013 re acceptance of paper documenting
large-scale fraud in the electronic records of the California, US courts
_____________
Joseph Zernik, PhD
<
josephzernik@humanrightsalertngo.org>
Sent from "1984",
Iceland-based Internet Service Provider
_____________
Human Rights Alert (NGO)
* United States
- the 2010 submission of Human Rights Alert to the Human Rights Council (HRC)
of the United Nations was reviewed and incorporated in the official HRC
Professional Staff Report with a note referring to “corruption of the courts
and the legal profession and discrimination by law enforcement in California.”
[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review
(UPR) of Human Rights in the United States, where Human Rights Alert (NGO)
submission was incorporated with a note referring to "corruption of the
courts and the legal profession and discrimination by law enforcement in
California."
* State of Israel - the
2012 submission of Human Rights Alert to the HRC, titled, "Integrity, or
lack thereof, of the electronic record systems of the courts of the State of
Israel', is scheduled for review in January 2013.
[1] 12-06-04 Human Right Alert's Submission; 2013 UPR of the State of Israel: Integrity,
or lack thereof, of the electronic record systems of the courts of the State of
Israel
[2] 12-05-10 Appendix I to Human Right Alert's Submission; 15th UPR - State
of Israel: Integrity, or lack thereof, of the electronic record systems of the
courts of the State of Israe
[3] 12-07-18 Human Right Alert's Appendix II to Submission; 2013 UPR of the
State of Israel: Integrity, or lack thereof, in the electronic record systems
in the courts of the State of Israel
- Additional Responses by
National Authorities/Experts, Re: ComSign, LTD - sole certifier and hacker of
the digital signatures of the State of Israel
_____
____________________________
Occupy!
11-12-10 Where should Occupy go next?
Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// www.scribd.com/doc/75348301/
12-06-08 Courts and Judges as racketeering enterprises
under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key
element in the current financial crisis
http://www.scribd.com/doc/96504009/
Secede! The US in its current form is simply
unmanageable...
12-01-01 Secession - A Smart Business
Move!
http://www.scribd.com/doc/76877453/
Get Up, stand up, stand up for your rights!
_____________________________
Take away justice, then, and what are
governments but great bandit
bands?
Saint Augustine, Civitas
Dei (City of God,4.4)
_____________________________
WHAT
DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "I
think it's difficult to find a fraud of this size on the U.S. court system in
U.S. history," said Raymond Brescia, a visiting professor at Yale Law
School who has written articles analyzing the role of courts in the financial
crisis. "I can't think of one where you have literally tens of thousands
of fraudulent documents filed in tens of thousands of cases." Reuters
(Jan 22, 2012)
http://www.scribd.com/doc/79572282/
* “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)
http://www.scribd.com/doc/50753639/
_____________________________
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 CONDITIONS IN THE PRISON IN MONROE
COUNTY, TENESSEE?
* "What goes on there is more like gulags of centuries
ago." ACLU
http://www.scribd.com/doc/72546279/
_____________________________
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/
____________________________
