09-11-16 An email to switzerland - Human Rights & Banking.

LETTER TO THE U.N. HIGH COMMISSIONER ON HUMAN RIGHTS and BASEL COMMITTEE ON INTERNATIONAL BANKING ACCORDS

Nov 16, 2009

[ redacted]

RE: 1) Copy of a wide distribution public letter documenting corruption of the Chief Judge of the U.S. Court of Appeals, 9th Circuit - to law school faculty, Attorney General, FBI, U.S. Congress, Whistle Blowing Groups, Judicial Accountability Groups, and others.
2) Repeat Request for Observers in Human Rights, Court Administration, Banking, and Correctional Institutions administration

Dear [redacted]:

I am forwarding to you the public letter below, out of belief that it is important information that you should be aware of in setting policies and implementing standards. I hope that you would be able to get past the populist style. It was necessary to employ it to get the message out. Last year I filed a standard request, which was not answered at all. When Senator Feinstein and Congresswoman Watson filed inquiries on FBI and U.S.Dept of Justice on my behalf- they responded in what must be deemed as fraud on U.S. Congress.

This year, the situation reached crisis level, with the arrest of Atty Richard Fine. Only fringe media gave it reasonable coverage, Mainstream media would not report. I discussed the issue with an executive producer in a major network - he was interested personally, but told me "corporate decision" was not to cover the subject, What I tried to report in popular language was convoluted computers/legal frauds which facilitated the false imprisonment. Such computer frauds are just as relevant to computer/legal/banking frauds which are underway today. In the letter below I did not provide much detail, but the letter is of critical significance, because I used it to single out the Chief Judge of the U.S. Court of Appeals, 9th Circuit - by far the largest in the U.S., and second in authority only to the Supreme Court. The 9th Circuit Court is based in California, and I the Chief Judge was a participant in the corruption that was the false imprisonment of Atty Richard Fine - retaliation for the exposure of widespread corruption of the judges of LA County.. Bank of America, and Countrywide before it were, and are today, deeply involved as well. FBI and U.S. Dept of Justice continue to refuse to enforce the law.

As I write in the comments to Bobby in Hawaii and his email group - there is no chance of integrity in banking regulation when the courts collude with the banks in looting the people, with U.S. Government agency patronage. The resulting situation is a Human Rights abuse of historic proportions, and risks to financial markets that are entirely unpredictable, since data collection procedures are corrupt.

In papers referenced below, all of which are posted online, I tried to summarize my data and conclusions regarding the failure of the U.S. to set in place any reasonable procedures for validation (logic verification) of key systems in government, in financial institutions, and in public corporations. I filed a proposal in this regard with the U.S. Congress Judiciary committees about a year and a half ago - pertaining to computers of the courts- which I consider critical to the stability of most other systems in the U.S. economy and society. The key elements of my proposal were:

1) No need for new legislation - based instead only on new promulgation of the rule making enabling laws (federal and state)

2) Keeping the primary authority and responsibility with the people, not with experts or any other elected or appointed body, applying the basic concepts of public records inspections to such computer systems. I consider this element essential, if for no other reason - because it would require ongoing efforts to educate the public about its duty to constantly monitor integrity of government, financial institutions, and the courts, and never delegate that authority to others.

Already in January 2007 I filed with FBI a complaint that described the fraud in Countrywide's central underwriting monitoring system - EDGE. FBI refuses to this date to investigate. Likewise - I filed data that demonstrated that the Legal Department of Countrywide operated as a corrupt organization, headed by Sandor Samuels. FBI refused to investigate. Later, after Countrywide collapsed, U.S. Government officials ushered the merger with Bank of America, instead of liquidating Countrywide. My data demonstrates the corruption of Bank of America Corporation as a result.

Although I had no background in the related fields in December 2006, when I realized that I was subject to a fraud conspiracy by countrywide, i realize that by now I have accumulated data and knowledge regarding criminality, particularly in operation of large critical computer systems, which is unique. I would be glad to be of help to the committee. I have collected data also regarding banking regulators - based on my failed attempts to prompt them in 2007 and beyond to take action against Countrywide and Bank of America. Even today, I have a couple of complaints pending with the Controller of the Currency, although I pretty much giving up hope of any integrity in the system, and I was organizing instead a group to go abroad to a human rights court.
The basis for that would be not only the current looting underway, but also the false imprisonments. I claim that Los Angeles Courtney Court keeps many thousands, almost all black and Hispanic falsely imprisoned as part of the operations of the LA-JR.

As I stated in the past, I consider it essential that international bodies send observers, formal, semi formal, or informal, who would stay for some time (months?) and report back to such bodies. I believe that conditions are very fluid and unpredictable, that there is shortage of reliable information, and the mere knowledge that observers are present may provide a critical stabilizing factor that would prevent at minimal investment, much larger catastrophes. Observers should be qualified in Court Administration, Correctional Institution Administration, Banking Regulation, Financial Institution Administration, and Human Rights. When I wrote my previous requests such suggestions possibly appeared as out of touch with reality. With the false imprisonment of Richard Fine, the failure of the U.S. government to take any action, and even more alarming - the total silence of the legal profession - including civil rights groups - I believe that there is now more credibility of my claims.

It has been now about 2 years, since I concluded that the U.S. government was too weak to confront the LA-JR. However, I was urging the U.S.government for over a year to take a simple, easily accomplished measure, which would accomplish the same effect at minimal effort and cost - capture the computer of the court, and restore public access to the public records that the court is hiding for the past 25 years. I claim that it would incapacitate the LA-JR, and allow speedy release of those who are falsely imprisoned.. It would also eliminate large number of financial scams an schemes.

Although I have no formal trailing in the fields, or maybe because of that, I found my predictions, which were contrary to trends, being correct time after time, from claims of corruption and pending doom in Countrywide in January 2007, to claims of "Immunity for future criminalities" provided by U.S. officers to Bank of America, which I claimed starting February 2009, and is also reason for major concern. Observers are meant as implied, neutral, and only observing and reporting. You must realize that U.S. media are muzzled at present, and you must recall the Heisenberg effects of observers on the system. The downside of not sending observers is that you may be caught in a situation of unfolding crisis, realizing that you have no clue about the causes and no ability to obtain any reliable information either... therefore - unable to make any informed decisions.

I will also forward to you a copy of letters to FBI and U.S. Attorney General, now under preparation. Just as an example - my letter to the Attorney General would urge him to assert U.S. control in LA through critical positions that are open now in U.S. Dept of Justice.local offices. I believe that it would be appropriate for international bodies to communicate friendly advise in this regard as well, since as I reported in the past, this large county is now both the site of Human Rights disgrace of historic proportions - as false imprisonments of thousands, and also officially recognized by FBI as :the "epicenter of the epidemic" which translated into the current crisis. I allege that both are product of the same effect - a court that was transformed into a racket, with the short sighted blessing of U.S. agencies back 20=30 years ago.

Yours truly,

__/s/__________________
Joseph Zernik
P.S. This letter would also be posted, but all personal names and email addresses would be redacted.

09-11-16 Hips by Beyonce, Joey Tribbiani's smile, the LA-JR ( LA-Judiciary Racket), and False Imprisonment of Richard Fine

I woke up this morning and realized that what I did yesterday was inadequate. I was restricting myself with no reason at all. When judges allow themselves to engage in professional errors of sending Richard Fine to jail, I must not falsely hold myself to standards which I have no right to assume.

I am not a legal professinal and my speech and my writing must never be held to legal professional standards. Therefore:

The following individuals, who happen to be JUDGES & CLERKS are held by me as CRIMINALS for their part in the false jailing of Richard Fine. Had I been in position of authority, I would have considered them worthy of penal sentences of jauling or imprisonment:

1. David Yaffe
2. John Clarke
3. Carla Woehrle
4. John Walter
5. Terry Nafisi
6. Richard Tallman
7. Richard Paez
8. Alex Kozinski
9. Molly C Dwyre

And after that moment of insight, This is how it was emailed out:

____________________

Any comments would be greatly appreciated.
Bobby:
The piece below relates to you and the Hawaii club in more than one way.
1) You better check my new catalogue of court frauds, on the blog. You are definitely deficient in that area.. I am available for remedial, even in the middle of the school year. If you don't pass, you don't play!
2) It singles out Alex Kozinski as a player. You are in the Circuit as well.
3) It speaks about the judiciary-financial institutions connection, Until that is addressed there is no chance for real banking regulation, or restoration of confidence which underlies current economic malaise. Restoration of regulatory laws, undone under the Bush administration is a prerequisite, but insufficient remedy.
4) It speaks a bit, and gives reference to the central place of corrupt large computer systems in this situation.
5) The article you distributed by Nomi Prins, implied that we were back to Great Depression Era. I would argue that we see signs of Robber Barons Era, and the case of Richard Fine demonstrates that we are getting into a unique niche in time-space - the Medieval-Digital Era. False computers are used to take us back to medieval court standards.

_____________________

______________ ____
Welcome to LA - Home of the LA-JR
Subscribing to conduct of an enterprise through a pattern of racketeering activity
_____________________
_ - - - - - -- - _ - - - - - -- - _ - - - - - -- - _ - - - - - -- -
_ - - - - - -- - Lee Baca- - - - -- -_ - - - - - -- - Richard Fine- - - - -_ - - - - - -- - - - - - David Yaffe- - -_ - - - - - -- -

Hips by Beyonce, Joey Tribbiani's smile, the LA-JR (alleged LA-Judiciary Racket), and False Imprisonment of Richard Fine (lay-person's language)
Alternatively - the old flimflam:

Atty Richard Fine, 70 yo, former U.S. prosecutor, anti-judicial corruption activist, is in under solitary confinement for 7 months...and never gets to see the sky for months at a time,

Part I - Joey Tribbiani's smile, and catering to the LA-JR in false denial of Richard Fine's Habeas Corpus Petition
This is a clarification of notes in the Index posting[1]: The last thing we need today, while we are in the midst of the War on Terror, and while we are busy building the court system in Iraq, is some smart alecks doubting of the justice system of Los Angeles County, California... Any suggestion that there was any inference to a possible Warrantless Arrest, or any appearance of an illusion of a slim chance of a Fourth Amendment violation, or even False Imprisonment in the case of Richard Fine, was surely never intended. Anyway, it's all lay-person's writing in lay person's language, If inference was found it must be disregarded, as having no legal meaning at all.

Smart Alecks
Let me assure all the Doubting Thomases out there... I an not an attorney, not even by a long shot... Richard Fine was arrested and is jailed by State of California Judge David Yaffe. That should have been good enough on its own. In addition - the job on his Habeas Corpus Petition was done by the U.S. Court, LA, If anybody wanted more - his Petition was a taken care of by the U.S. Court of Appeals, 9th Circuit. Triple whammy. That should be good enough for any nitpicker!

A Nitpicker
1) Magistrate Carla Woehrle - of the U.S. District Court, LA posted a lengthy Report and Recommendations on the Habeas corpus Petition with footnotes, citations and all. Obviously it was no rush job. In the 25 pages of the Report, she never even entered the Caption of the case she was reviewing for over two months- Marina Strand Colony Home Owner's Association v County of Los Angeles. Frankly, I don't think it matters, Joe, Joey, or Joseph, it's all the same to me... She simply wasn't really sure that it was a true case of the Superior Court. It's not that simple nowadays... It is not the only case, and Carla Woehrle did the job on them before. They cases were not of the Superior Court at all. For lack of better term let's call them "Equity/Enterprise Track" cases, and the general operation - the LA-JR (LA Judiciary Racket). Calling the child by name makes it easier. Most civil cases are real estate cases - which this one was as well. The criminal cases involved false imprisonments. The evidence showed that the LA-JR controlled the LA Superior Court for years. That was the story of the Rampart scandal a decade ago. FBI and U.S. Dept of Justice couldn't see it - severe myopia.
The case of Richard Fine was one of them as well. The Report demonstrated that Magistrate Carla Woehrle was fully colluding with the LA-JR. And the false imprisonment of Richard Fine for 7 months, showed that FBI and U.S. Dept of Justice did just the same (in lay-person's language).
We need a U.N. Resolution, and help from the Multinational Coalition, to help the U.S. Government gain control of Los Angeles County again...

Joey Tribbiani's smile
Some people are fussy, they say that there was no Warrant for the arrest. Personally - I don't know that it was that important, or what it was supposed to look like. I probably wouldn't know a warrant from a writ or a warranty even if you dropped it on my keyboard. However, I ran a word search on "Warrant" - and I could tell you for sure the word was never mentioned in the Carla Woehrle Report. [2]

Another Nitpicker

Then come the nitpickers. They say that there was no effectual record for Sentencing and Judgment for the jailing either. Careful review showed that Magistrate Carla Woehrle was fully aware of the conundrum, but "streamlined" it effectively[3]

The Nattering Nabob
The nattering nabobs expected also a Register of Actions (California docket), as if there wasn't enough paperwork already.
They said that reviewing a case without a court file was anyway like writing a book review without reading the book. Doing it with no Register of Actions, was like not bothering to read the Cliff's Notes either... just flying blind. Well - Magistrate Carla Woehrle knew the story of the LA-JR already, She did it before. Therefore she did not need the Register of Actions to write her Report...

Cliff's Notes
U.S. Magistrate Carla Woehrle did a fine job for the LA-JR - an impressive Report, which recommended "deny with prejudice". OK - the Report was never authenticated, and it therefore was an invalid court paper. Those who objected to this practice were simply placing form over substance. It was Carla Woehrle's way of delivering the goods for the LA-JR, while pretending that her conduct was not of criminal nature.... It's like eating the cake and having it too... (I am not a dietitian, not even by a long shot) Why not? If she could get away with it that easy, time after time... By now she was a groupie...

2) U.S. Judge John Walter, of the U.S. District Court, took his time for additional review after receiving the Report and Recommendation, and he finally accepted the Report in the Judgment posted on July 29, 2009 in Pacer, which dismissed the case. The Judgment was never authenticated either, and that again invalidated it... So, the Honorable John Walter, U.S. Judge followed, the same flimflam as Judge David Yaffe and Sheriff Lee Baca and Magistrate Carla Woehrle - his conduct in posting this paper could be seen by some lay-persons a criminal - aiding and abating the LA-JR in false imprisonment of Atty Richard Fine, or maybe misprision of felonies. That was why lay-persons were not judges! The assignment of code sections should be left for professionals prosecutors... The practice was too common though... Judge Walter was surely convinced that it was OK. You cheat, but you cross your fingers behind your back. The judiciary and legal profession in the U.S. developed this deviant mentality that saw it as more benign than illegal parking. International Courts on the other hand - were likely to view it as severe, widespread abuse of Human Rights, pursuant to ratified International Law, of the American people by its own government. Together with the directly related overcrowding of the prisons - these are the most common abuses of Human Rights in the U.S. today - by the courts that were charged with their safeguard. The bottom line - Judge John Walter also catered to the LA-JR. Why not? If you could get away with it that easy...

3) Chief Judge Alex Kozinski - widely recognized as a brilliant jurist - of the U.S. Court of Appeals, 9th Circuit - and Circuit Judges Richard Paez and Richard Tallman were named on the Petition, which Richard Fine also filed from the Habeas Corpus. This Court is second in authority only to the U.S. Supreme Court! The June 30, 2009 Order was posted in Pacer, the court's case management system:
"petitioner has not demonstrated that this case warrant the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v United States Dist Court 557 F 2d 650 (9th Circ 1977). The petition is denied."(Order)
Mom never called me a "brilliant jurist"... But with all due respect, it looked like someone copied the Bauman out of habit, into an order of denial of the wrong petition. OK, I am clueless, but Habeas Corpus was meant for the clueless... for prisoners, way back when... Or even today - like Richard Fine - who was denied pen and paper. In Habeas Corpus, the prisoner did not have to say much at all. Just to challenge the confinement, and ask to be brought before a judge. In turn, the judge was not asked to do much either, only to inquire, that the confinement conformed with the fundamentals of the law. If not - to order the immediate release of the prisoner. A fundamental consensus of the international civilized human community today, one of the cornerstones of the U.S. Constitution, and most likely - the quintessential contribution of the English speaking courts to mankind in over half a millennium. Establishing in the law - as the protection of individual Liberty.

A Nitpicker
What are the fundamental? It's the nitpickers again!
We should leave it to the Circuit Judges, who split hairs on such questions day in and day out: What's the validity of an arrest, which started under exigency, with no warrant, while the warrant was getting written, but the exigency turned into non-exigency, before the warrant was completed... Tough cases...That's their specialty. Here we have a man in solitary confinement for 7 months with no (1) Warrant, and no (2) Sentencing/Judgment, and (3) No Register of Actions. The Circuit Judges owe us also an explanation of their unsigned denial Order. Just to make it clear: I was on the service list, and I was served with the Order. The one served on me, was unsigned as well, and it came with no authentication (NEF) by the court either, just like all the papers from the U.S. District Court [3]. Unsigned orders by the U.S. Court of Appeals, 9th Circuit, are nothing new either. They may justify such inexcusable practice to themselves as necessary in response to the burden of "frivolous prisoner's petitions", The legal profession remained dumb on the unsigned denial by the prominent court, as it was all along. It was left for lay-persons to spell out the disgrace.

To Sum It Up-

• The LA Superior Court never entered effectual Sentencing/Judgment and never issued an effectual Warrant...
• The Sheriff Department never performed effectual Booking and was keeping Richard Fine jailed under false registration and "off the record".
• The U.S. District Court and the 9th Circuit Court of Appeals issued court papers, that looked to lay-persons like Orders and Judgments, but lacked authentication, and in the case of the Court of Appeals also lacked endorsement by the Judges. Therefor such papers were ineffectual for any purpose, moreover - they were false and deliberately misleading.
• None of it was news. It was a widespread practice in the U.S.
• Here - such practice was applied in catering to the LA-JR.

All four justice system agencies worked in concert through false court records and deceptive case management systems to cater to the LA-JR and to deprive Richard Fine of Liberty (lay-person's language).

Part II - Hips by Beyonce, and denial of access to Court Records.
The Register of Actions sounded cool and exciting... I wondered why there was no video game yet - karate, or kung fu could be best with that title. I was resolved to do my best to get a copy of this critical record, which was never seen even by Richard Fine himself!

The Register of Actions
Court papers were Public Records - I knew. The right also originated in English Common Law, and dates hundreds of years back, as essential for the public's ability to supervise the integrity of the courts, and prevent undocumented imprisonments and other abuses. In fact, it was said that the Habeas Corpus and the right to Access Court Records were connected at the hips. I am don't know about that. I have been working at it for several months, but so far I have seen no records, no hips, no thighs and no chicken wings, nada...

Hips by Beyonce
To make sure, that I got it right, I called a Civil Rights organization, which kindly told me that it was a slam dunk, guaranteed by the First Amendment relative to Court papers. On top of that, they told me, in California we were ahead of pack, because even the Arrest and Booking papers were public records thanks to the California Public Records Act. They said that they routinely got the papers produced in other counties of California. They even gave me the code section and the subsection to put in the letters.

1) Denial of Access to Records by the Sheriff's Department
Regardless, access to the Arrest and Booking papers from the Sheriff Department was denied. In fact, I was convinced that it was a flimflam, and there were no papers at all. The last I heard from Commander Liang was "The Sheriff's Department practices full transparency". And the papers? "If you want to see the paper you would have to get a court order for that". In addition, the information that was provided regarding Richard Fine in the official online Inmate Information Center, was false and deliberately misleading.[4]

The Old Flimflam
2) Denial of Access to Records by the LA Superior Court
I was also denied the right to access the Register of Actions by the LA Superior Court, That's how we run the business of Justice in Los Angeles, For years, both civil and criminal litigations are conducted with the quintessential litigation records being hidden from the litigants, but secretly shared with review courts. What I got in response to pressing my requests was a series of long letters from a guy who said that he was "Counsel" for the court... I never knew that the court needed a lawyer to answer such simple request.

3) Denial of Access to Records by the U.S. District Court, LA and elsewhere
The U.S. District Court denied requests for access to records in recent months as well. There were substantial concerns regarding dishonest manipulation of the paper records that were filed on behalf f Richard Fine from jail, while he was denied access to pen and paper, and could not review the paper, either before or after the filing.
Most alarming was the fact that the U.S. Courts, in a way were following the practice of the LA Superior Court, with the completion of the installation of the courts' case management systems, Pacer & CM/ECF, which are opined here as inherently abusive and in violation of the law. The denial of access to NEFs was inexplicable. However, it was not unique to the U.S. District Court in LA, it was seen directly in the District Court in Washington DC, and also in the U.S. District Court in NYC, and in both cases - in was related to dishonestly, or worse. Experience with two other U.S. Courts, in two additional states, suggested the same, although the last two were never carried all the way to denial of explicit requests.
The only plausible explanation of the facts, and experiences beyond those described here, was that there was a concerted instruction, most likely originating from the Administrative Office of the U.S. Courts, which trained the various courts to deny access to NEFs, which was seen as inherently fraudulent, and undermining the court system from its core.[5][6]

4) Denial of Access to Records by the U.S. Court of Appeals, 9th District
The experience was repeated at the U.S. Court of Appeals, which denies to this date the NEFs, if they ever existed.

5) Denial of Access - prerequisite for widespread judicial corruption; Restoration of access - to immediate remedy.
There was no plausible explanation why an honest court would establish such practices. More specifically - in cases where the Registers of Actions of the LA superior Court were obtained, these records were the most direct evidence of the conduct by the enterprise of a pattern of racketeering activity of the LA-JR.
Already over a a year ago it was recognized that the U.S. government had no power to directly confront the powerful LA-JR. However, it was also recognized that the operation of the LA-JR was entirely dependent on the denial of access to computerized records in case management systems. Therefore, requests were forwarded to the U.S. Attorney General, then Michael Mukasey to restore public access to public records in LA County, as quintessential Equal Protection. We believe that capturing the case management system of the LA Superior Court and allowing public access could be easily accomplished, almost overnight, at minimal cost, and large positive impact. There was no way to explain the refusal of the U.S. government to restore public access to court records.

We are also confident that restoration of public access would lead to speedy release of the thousands of Rampart FIPs- left falsely imprisoned over the past decade.

When no response was received, the Honorable Dianne Feinstein, Senator, and the Honorable Diane Watson, Congresswoman filed Congressional Inquiries. Responses that were then received from Kenneth Melson- Director, U.S. Dept of Justice, and Kenneth Kaiser - FBI Assistant Director, Criminal Investigations, were false and deliberately misleading. Combined with other evidence they demonstrated patronizing of the LA-JR by such senior U.S. Officers. Evidence likewise demonstrated the intimate relationship between the LA-JR and Countrywide - a corrupt organization that the FBI refused to investigate. More alarming, was the fact the Countrywide, now as a subsidiary of Bank of America, was continuing activity that amounted to racketeering even today.

In short -
1) Refusal by U.S. Government to restore public access to court records was inexplicable and amounted to denial of Equal Protection and various other Human Rights pursuant to ratified International Law.
2) Restoration of Public Access to Court records would result in immediate inactivation of the LA-JR, release of those who were falsely imprisoned, and restoration of Human Rights.
3) There was no chance to restore banking regulation while corruption of the courts was allowed to continue unchecked.


The Old Flimflam

Epilogue in Re: Richard Fine
So where does it leave us?
We must insist on the immediate release of Richard Fine, since none of the fundamentals of the law were ever produced in this case - a Warrant, a Judgment, or a Register of Actions.
Alternatively - Why not just move Richard Fine to Guantanamo Bay, and "pronounce" him a Detainee?

Joe Zernik
Los Angeles County, California
_____________________
End Notes:
Additional evidence found in blog: http://inproperinla.blogspot.com/
Records are archived at: http://inproperinla.com/

Recent review papers inclued:
1) http://inproperinla.com/09-11-12-eee-bluffs-in-cmss-s.pdf
2) http://inproperinla.com/09-11-13-hi-shirley-updates-on-the-richard-fine-case-s.pdf

[1] Atty Richard Fine's sentencing proceeding, in Marina v LA County, was a different story altogether. It was widely reported by media, who were present in the courtroom, at Mosk- downtown LA... It purportedly took place on March 4, 2009... and Atty Fine was arrested by 11:05am... These reporters were of course all deluded... Just because media were there, witnessing Judge David Yaffe saying that he was sentencing Richard Fine to "continuous confinement", and just because Richard Fine was immediately after that arrested by the Warrant Detail, of the Sheriff Department of the County of Los Angeles, didn't mean a thing... It was an alleged "off the record" Calendar Fraud combined with little Warrant Fraud - the old flimflam... These reporters should have reviewed the list below, before reporting what they thought they witnessed to the public at large... It is obvious that the reporters were all deluded... because the computer system of the Sheriff Department shows that it indeed took place on March 4, 2009, at 11:05, ok, but not in Mosk downtown, but instead, in the Never-Existed-Municipal Dept 86, in San Pedro... As far as I am concerned - I would trust the computer systems of the Courts and the Sheriff before I trust any deluded reporter...
[2] The missing Warrant
The word "Warrant" never appears in the Report and Recommendation. On the other hand, the word "Warrant" does appear in the code sections that Magistrate Woehrle cited as the basis for the jailing:
Cal Code Civ Proc 1211-1219.
1113 ...judge must direct, by an endorsement on the warrant...
1219a)(a) Except as provided in subdivisions (b) and (c), when thecontempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment.
However, in the case of Richard Fine, there was no (a) warrant, there was no (b) endorsement,by a judge there was (c) no specification in the non-warrant of the act to be performed, and there was (d) no reference to any other record which provides the authority for the confinement, or specifies the act to be performed. Instead, the Deputy Clerk issued a Remand Order. That too, much later in the afternoon, it was faxed at 4:31pm, while the arrest took place at 11:05am, and the false booking was falsely listed as if it took place at 12:23pm at San Pedro. No exigency either...
[3] Back to the Delusional Proceeding on March 4, 2009:
Careful review of the Report and recommendation reveals that Magistrate Woehrle was aware of the schizophrenic nature of that proceeding. In listing the ancillary proceedings that were part of the unnamed litigation under review she stated:
"Trial was held before Judge Yaffe on December 22, 24, 26, and 30, 2008, and January 8, 12, and 22, 2009." (p8)
The was March 4, 2009 proceeding as part of it!
Later, when she needed to find the basis for the sentencing, she stated:
"Judge Yaffe pronounced sentence on March 4, 2009." (p9)
Therefore, the sentencing was oral sentencing only, and the evidence that she brings for it was a Transcript...
[4] Denial of Access to Records by the Sheriff Department
Attempts to access the Sheriff's records were more elaborate. I asked for the Warrant and Arrest and Booking. I faxed the requests, and receipt was confirmed, and for some three weeks, I was on the phone almost daily with Sergeant Burson, and Commander Liang. First, they sent me to the Jail's Front Office, downtown LA. My request was denied for considerations related to the safety of the inmates. I was sent to Cindy, in the Discovery Unit, in City of Commerce. Cindy was confused, she could not figure out why they sent me to her. Then I was directed to Municipal Division 86 in San Pedro. They said that Richard Fine was arrested and booked in San Pedro, that is the official information online Inmate Information Center. The problem was- there was no such thing as Municipal Division 86 in San Pedro, and no Booking facilities there either. Then Sergeant Burson told me that the Legal Department of the Sheriff's office may allow me to see the paper, which he called "Removal Order", and I call Remand Order. I also pointed out to Sheriff Lee Baca's office that the arrest was reported by media, and the data in the Sheriff system was obviously false. After that - they would not answer any more questions regarding the papers. All they got, and all that was ever produced in the past was that order which was no Warrant for sure.
[5] Office of the Clerk of the U.S. District Court, Los Angeles
Both the offices of the Clerks - John A Clarke of LA Superior Court, and Terry Nafisi - U.S. District Court, LA, are key to the operations of the LA-JR, which are based on creating false litigation records, which are falsely represented as true court records.
a) There were also some additional issues related to concerns of dishonest manipulation of the paper records of the Habeas Corpus Petition of Richard Fine, Sharon McGee - Supervisor of the Intake Unit at the U.S. District Court, LA, a brave woman, said that she agreed with me regarding my concerns, and that she took the initiative to raise it with the Court of Carla Woehrle herself. For a couple of months I then tried to correspond with Terry Nafisi, the Clerk of the U.S. District Court, on the matter, but it got nowhere. So on Sept 18, 2009, I went in person, and hand delivered s letter to the duty clerk, asking to see the habeas corpus paper record, which was filed on behalf of Richard Fine. The Duty Clerk gave me a NO on the this one. He claimed that the petition had been shredded. I later sent a written request to access, inspect, and copy, the records of the shredding. Never got an answer.
b) I also asked to see the authentication of the records (NEFs) of the habeas corpus case. I got a NO on this one as well, with no explanation at all.
[6] The Fingerprints of the LA-JR
Nothing in all of this is new. I call it the "Fingerprints of the LA-JR". We was the most common feature in the cases we collected.
a) Issuance of invalid ineffectual court papers, which were then used as valid and effectual in fraud on the people.
b) Fraud in the entry of judgment was standard procedure, it was likely to be seen as the trademark of the LA-JR - based on eliminating the Book of Judgments.
c) Fraud in coercing an un-appointed referee to execute such false judgments was also common.
d) Most civil cases were real estate related. That is where the money was.
e) False imprisonment - were the true speciality of the LA-JR. We have thousands of Rampart-FIPs who were never release in the past decade.
____________________
More on the LA-JR - on the blog http://inproperinla.blogspot.com/
POSTED BY DEFENDANT AND CROSS-COMPLAINANT IN PRO PER AT 4:44 PM
LABELS:
1.1.1FINE RICHARD,
2.2.1FINE V SHERIFF (09-71692) ALL-CRIM,
2.3.1FINE V SHERIFF (2:09-CV-01914),
3.3.4MARINA V COUNTY (BS109420),
6.2.31 CALENDAR FRAUD,
6.2.41 LA-JR (ALLEGED LA-JUDICIARY RACKET

General Tommy Franks is asked to liberate Los Angeles...

Letter to the Audit Committee of the Board of Directors of Bank of America Corporation

February 27, 2009

WILLIAM BARNET, III,
JOHN T COLLINS,
General TOMMY R FRANKS,
WALTER E MASSEY,
THOMAS J MAY (chair),
Admiral JOSEPH W FRUEHER
AUDIT COMMITTEE
BOA/CFC
By email and by fax

RE: Message to the members of BOA Audit Committee;

Timely response requested by March 10, 2009, 5:00pm

Mr Barnet III, Mr Collins, General Franks, Mr Massey, Mr May, Admiral Frueher:

I, victim of alleged frauds by CFC and BOA, am writing to each of you as an individual member of the AUDIT COMMITTEE of CFC/BOA.  Below I describe only a small fraction of such frauds in simple lay-person terms. I have notified BOA General Counsel Mr TIMOTHY MAYOPOULOS of such alleged frauds against me several times in the past.  I also notified Mr KENNETH LEWIS and others at BOA/CFC.  None responded, and the frauds are allowed to continue, even today. 

I request that you immediately take corrective actions.  Please personally respond, either at my home address:  , LA CA 90027, or my email address <> no later than Monday, March 9, 2009, 5:00pm.  At minimum I request acknowledgement of receipt of this communications.  Please also include a statement of your intended actions in this regard, specifically regarding the six items below that I identify as keys in CFC now CFC/BOA alleged collusion in fraud in ongoing litigation of Samaan v Zernik at the LA Superior Court.

As described below, I first heard the name COUNTRYWIDE in December 2006.  I had no business with the company whatsoever, but I found out that at that time, the company was already involved in alleged fraud against me for over two years! I fast grew to realize, still in December 2006, that what happened to me was not the work of one employee, a bad apple, but a reflection of the Legal Department at Countrywide, headed by SANDOR SAMUELS, that I concluded already then was operating as a corrupt organization.  Such allegations appeared radical in January 2007, when I submitted my first complaint to the FBI, but by January 2008 became commonplace,  when "recreated letters" were found in Pennsylvania, and in March 2009, when U.S. Judge Jeff Bohm published his opinion on Countrywide's legal practices.  He found routine engagement in what must amount upon review by a competent court to frauds against homeowners all across the U.S. -  based on a year long study by the United States Trustee,   Regardless of his decision no indictments were filed to this date,  to the best of my knowledge, against SANDOR SAMUELS, ANGELO MOZILO,  or anybody else at the Legal Department of Countrywide. 

Instead, in an urgent attempt to stabilize collapsing financial markets, the Bush administration chaperoned the take over of the CFC by BOA, which was effective July 1, 2008.  Obviously, such merger was undertaken by BOA only with substantial inducements by the Bush administration, the scope of which we will never know for sure, simply because much of it was not in enumerated cash, but in provisions that may transform the framework of the U.S. financial world as we know it today.  After all, BOA took upon itself the responsibility for a large entity that had large negative financial value, tremendously negative goodwill, and very substantial criminal liabilities. 

The tax payer, who will pay for all of this, could expect at least that BOA would ensure that alleged criminal conduct at CFC would cease the moment it became part of BOA.  But at least in Los Angeles, California,  such conduct is continuing in full force today, in public, without even an attempt to conceal it, under your watch.  And the responses I received from the office of the BOA General Counsel appeared not at all as the responses of a concerned corporate citizen, who is now charged with responsibility for a major public hazard.  Instead, it appeared as the response of a corporation that holds itself immune to any criminal charges, regardless of the conduct of CFC, its own subsidiary.  I would like to believe that such conduct is limited to Los Angeles, where the local compounding factor is the LA Superior Court itself. 

Listed below are key records of the alleged fraud by CFC/BOA against JOSEPH ZERNIK in litigation of Samaan v Zernik (SC087400) at the LA Superior Court:

1) Underwriting Letter misrepresented as a fax transmission of mid-October 2004, from Countrywide, San Rafael to VICTOR PARKS, State of Washington. [1]  Introduced repeatedly in court.  Most recently for a motion noticed for November 2008. Alleged key fraud record.

2) Real Property Purchase Contract misrepresented as a fax transmission of October 25, 2004, 5:03pm from VICTOR PARKS, State of Washington, to Countrywide, San Rafael. [2]  Introduced repeatedly in court.  Most recently for a motion noticed for November 2008. Alleged key fraud record.

3)  Set of a letter and declarations by CFC/ MARIA MCLAURIN, Branch Manager, San Rafael, California. [3] Introduced repeatedly in court.  Key fraud record.

4) Subpoena Production of Countrywide in Samaan v Zernik. [4]  About 400 pages, produced by the Legal Department a total of 5 times from August 2006 to April 2007.  Deemed fraud in its entirety - since it included loan files that were recreated after the fact, and records that are the product of wire/fax fraud and bear false and deliberately misleading fax header imprints, when in fact there is nothing in this production that allows to determine where and when such records appeared from. It was part of a concerted effort by SAMAAN, McLAURIN and the Legal Department of CFC to fabricate false history for SAMAAN's loan applications in 2004,

5) Records showing CFC and even more recently CFC/BOA appearing in court for almost two years under the party designation of "NON-PARTY", while the court interchangeably designates it "DEFENDANT", "PLAINTIFF", "INTERVENOR","ROSS-DEFENDANT","REAL PARTY IN INTEREST", etc. [5] Such appearances are deemed false and deliberately misleading and have no basis in the law of the U.S. or California,  Therefore they place the entire litigation in a real that is outside the law.

6) July 23, 2007 Protective/Gag Order by Judge JACQUELINE CONNOR [6].  Such purported order led to two judgment of quasi-criminal nature being entered by Judge Terry Friedman against me, both at the request of CFC, The second one - in February 2009, at the requests of CFC/BOA.  I have no valid court record of that nature, and the court and CFC/ BOA so far have failed to produce this record either.

Below I attached a short review of part of Samaan v Zernik that allows you to place the records above in their context. 

You must realize that you have much greater influence in this case than correcting the wrongdoing against me in Samaan v Zernik,  because this case happened to travel in time and space that were prior to it, and afterwards as well, the scene of other much bigger events.  Insignificant as the case itself was and is, it provides unique insights into the bigger events that are reflected in it.

a) Rampart scandal, and continued false imprisonment of 10,000, mostly black and latinos in LA, 10 years after confirmation of their innocence.

The most notorious example of the malfunction of the LA Superior Court are of course the estimated 10,000 people who are still falsely imprisoned in LA County, mostly black and latinos, victims of wrongdoing by police of the Rampart station. Such wrongdoing was exposed and investigated in detail as part of the Rampart scandal of 1998-2000.  In my efforts to understand what was happening in the courtroom in Samaan v Zernik  I eventually got involved in studying the Rampart scandal, since Judge JACQUELINE CONNOR was and is the central figure in both, in more ways than officially acknowledged. 

In fact, I claim that the two cases are mirror images of each other, one in the criminal courts, the other in the civil courts.  In both cases false evidence was routinely entered.  In one case - police purportedly "duped" judges like CONNOR, in the other - corporations like CFC.  In fact, combined review of the two cases would lead a reasonable person to the inevitable conclusion, that Judge JACQUELINE CONNOR was never "duped" at all.  Similarly I claim that what was stated by Judge CONNOR in her December 22, 2000 ruling that reversed jury verdicts of the four police that were first to be prosecuted for their conduct revealed in the scandal, as her own "errors" in jury instructions, and "errors" she routinely allegedly made in Samaan v Zernik, resulting in invalid litigation records, were no errors at all.   Instead, I claim that she herself was the central figure, not only as a judge, but also as the one who initiated or coordinated the wrongdoing in both Samaan v Zernik, and on a much bigger scale - in the cases that underlie the Rampart scandal and later in derailing the first Rampart trial,  Therefore, she herself is the central figure who is accountable for what we see today -  the continued false imprisonments of at least 10,000 people - mostly black  and latinos - who were confirmed innocent in the investigations of the Rampart scandal.   Such conditions were capably described in the Blue Ribbon Review Panel report of 2006 [7].

My request for an immediate review by the Audit Committee of which you are a member, of the conduct of CFC/BOA in Samaan v Zernik  bears directly on the conduct of Judge CONNOR in Samaan v Zernik, and indirectly - on her conduct in the Rampart scandal and the demands for restoring my rights per International Law, and also the rights of the Rampart-FIPs (Falsely Imprisoned Persons).


 b) Sub-prime crisis and bailout

I am of the opinion that the conduct of the office of the General Counsel of BOA in Samaan v Zernik call for immediate scrutiny by the Audit Committee of the CFC/BOA merger agreement. In particular - any provisions that were explicitly made by the Bush administration, or even insinuated by such officials relative to criminal liabilities related to the conduct of Countrywide prior and also after the merger with BOA.  There is no doubt in my mind that true review of the conduct of CFC would lead to the conclusion that it was and is a corrupt organization.  You may read small fraction of the evidence below. BOA officers must have recognized that fact as well, and must have taken steps to protect themselves from being drawn into such affair.  But as part of the merger-bailout, BOA at minimum must take responsibility to stop any such criminal conduct that is alleged to be ongoing.

I believe that this AUDIT COMMITTEE, listing respectable names, who served this country for many years,  would not have tolerated anything less than an honest General Counsel at BOA.  And yet, following the merger the office of Mr MAYOPOULOS has engaged in conduct relative to Samaan v Zernik that has been far from honest. The only explanation for such conduct at BOA that I could come up with, is that U.S. administration officials, in their desperation to avoid total melt-down of financial markets before they leave office, made representations to that office that were taken to mean that conduct of CFC in general, or in LA County, or just in LA Superior Court, or just in Samaan v Zernik were extra-constitutional zones, similar in nature to Guantanamo Bay.  Such discrimination is unacceptable.  We who live in Los Angeles County are entitled per the International Bill of Human Rights (1976) to Equal Protection under the law, with no regionally-based discrimination by government in the application of the law. 

Likewise, when you read the pages below, surely you will find some points where you would contemplate whether ANGELO MOZILO, SANDOR SAMUELS, MARIA McLAURIN, TODD BOOCK, OR SANFORD SHATZ, all CFC people, were engaging in criminal conduct.  Most of them are still CFC/BOA employees, and are still engaging in the same conduct through Samaan v Zernik - now - under the BOA name and under your oversight duties.  

Obviously, I hold the FBI investigation, running now for a year, as deliberately aimless.  And statements made by the FBI and law enforcement regarding investigation of the causes of the sub-prime crisis as deliberate attempts to mislead the public.  But all of that does not permit you, as a member of the Audit Committee of BOA/CFC to ignore your duties. 

Some officers of the U.S. may consider that they have successfully fooled the public, for example, in responses by Mr KAISER (FBI) and Mr MELSON (USDOJ) to Congressional inquiries by Senator FEINSTEIN and Congresswoman WATSON concerning Samaan v Zernik in August -September 2008.  But the true answer to such conduct is coming roaring from financial markets at home and abroad - nobody is fooled!  We are yet to see the end of it.  Absent renewed confidence in the integrity of U.S. financial institutions and financial markets, and underlying that - the rule of law and integrity of the courts, there will be no way to sustain the interests of your share holders.  That is where you have enormous responsibility these days, when others fail their duties.

As described below, one feature that is common to the two affairs - the alleged frauds at the LA Superior Court and the alleged frauds at CFC, - is the misuse of large computer systems: SUSTAIN at the court and EDGE at CFC.  It is my opinion that until BOA undertakes review of the operation of EDGE by CFC, one must assume that the frauds are permitted to continue.  With the LA Superior Court and SUSTAIN the wrongdoing is compounded - since in order to enable the alleged frauds in SUSTAIN, the court has been concealing for the past quarter century public records, and denying  public access to such records.  I hold that it is the denial of public access to public records that is at present the stumbling block in the release of the Rampart-FIPs.

I therefore also started a petition online for the restoration of fair tribunals in LA County, pursuant to International Law, and the Right for Liberty of the estimated 10,000 Rampart-FIPs. Their innocence was established 10 years ago, and after it was confirmed and re-affirmed by several review panels since then.  The essence of the petition is a call for reestablishing public access to the public records of the LA Superior Court. That would be necessary and sufficient to bring about speedy release of the FIPs.  I would be grateful if you sign the petition, to show your support.  Their continued false imprisonment is inexcusable, it is a disgrace of historic proportions as well - and more than 10 times the scope of the Guantanamo Bay detentions.

Petition:                                       http://www.thepetitionsite.com/1/restore-justice-in-l-a

Blue Ribbon 2006 Report:                        http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf

Front line, PBS, one source of estimates:       http://inproperinla.com/01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf

I similarly demand restoration of my own full rights pursuant to the International Bill of Human Rights (1976) which incorporated the Universal Deceleration of Human Rights (1948).  I hold that it would be sufficient to allow me full access to my litigation records of Samaan v Zernik in the SUSTAIN file, to demonstrate unequivocally, and in great detail, that which is already evident - that the litigation as a whole is based on false and deliberately misleading conduct by the court.  But the court would not allow me access to the file even in the fourth year of litigation, in disregard of the U.S. Constitution,  U.S. Law, California Constitution, California Law, California Rules of Court, etc.

All of this is meant to convey the concept - CFC is alleged to have been involved in crimes that were beyond financial recklessness, it was a major participant in the corruption of the courts in LA,  and the victims were all 10 millions who live in LA County.  We ask that you take corrective actions, and we believe that BOA has the power to effect correction that is far beyond Samaan v Zernik, for example - by making the court allow me access to my own litigation file in SUSTAIN, in compliance with the International Law, and access to the comparable records of the criminal courts, which would allow the speedy release of the Rampart-FIPs.  The effect of the restoration of such simple basic civil rights would be tremendous.



Joseph Zernik

Note: above is thecover letter, an attachment of 10 pages can be viewed at: