11-02-06 Corruption of the Courts and the Legal Profession in California - from discussion group // La corrupción de los Juzgados y la Profesión Legal en California // 腐败法庭和加州法律职业

   

California former Chief Justice Ronald George



 1) Joseph Zernik wrote

Date: Sun, 06 Feb 2011 22:47:46
To: lawsters@googlegroups.com
From: joseph zernik
Subject: RE: You Name ‘Em,  We’ll  Shame  ‘ Em
Cc:

[]:

More on the subject....

1) Fine v Sheriff (2:09-cv-01914)
Mr Carrizosa was the person who communicated with me, and inadvertently created the incriminating record regarding false engagement of Attorney Kevin McCormick to appear in Fine v Sheriff - the Habeas Corpus of Richard Fine - on behalf of Judge David Yaffe, where McCormick filed false declaration, false records, etc, to affect continued holding, alleged false imprisonment, of Richard Fine.

Request that was filed with Chief Justice Ronald George to initiate corrective actions remains unanswered...

2) Zernik v Connor et al (2:08-cv-01550)
In Zernik v Connor et al, where Zernik filed complaint against 10 judges of LASC, detailing conduct that should be deemed as racketeering, it is alleged that the California Judicial Council, chaired by Ronald George, engaged in the same pattern of conduct - engaging Attorney Sarah Overton (Cummings McClorey Davis Acho and Associates) to falsely appear on behalf of the judges, "with no communication with clients".  Attorney Overton filed false declarations, false records, to affect continued conduct, alleged racketeering, by the LASC judges.

However, after the experience of correspondence regarding the engagement of McCormick in Fine v Sheriff, Mr Carrizosa and the California Judicial Council refused to respond at all on the subject...

Consequently, conduct of the California Judicial Council and Chief Justice Ronald George were subject of a complaint with the US Attorney's Office of Public Corruption and Deprivation of Rights.

JZ

LINKS:

http://www.scribd.com/doc/28323488/
10-03-13-Richard-Fine-Letter-to-Mr-Carrizosa-California-Administrative-Office-of-the-Courts-re-Alleged-Fraud-in-Appearances-of-Attorney-Kevin-McCormick

http://www.scribd.com/doc/28496726/
10-03-16-Richard-Fine-Request-for-Error-Correction-by-Carrizosa-Administrative-Office-of-the-Courts-s

http://www.scribd.com/doc/28640546/
10-03-19-Fine-v-Sheriff-2-09-cv-01914-Correspondence-Mr-Carrizosa-Dr-Zernik-re-Case-Caption-in-the-Habeas-Corpus

http://www.scribd.com/doc/28645522/
10-03-19b-Richard-Fine-Dr-Zernik-Mr-Carrizosa-s-Correspondence-on-behalf-of-the-California-Judicial-Council-in-re-Case-Caption-in-engagement-of-Attorney Kevin McCormick

http://www.scribd.com/doc/28787678/
10-03-22-Richard-Fine-Final-Response-by-Mr-Carrizosa-California-Judicial-Council-Re-Case-Caption-s

http://www.scribd.com/doc/28821400/
10-03-23-Richard-Fine-Request-Chief-Justice-Ronald-George-Investigation-Corrective-Actions-in-Conduct-of-Attorney-Kevin-McCormick-on-Behalf-of-the-California Judicial Council

http://www.scribd.com/doc/29956509/
10-04-14-Mr-Carrizosa-and-California-Judicial-Council-refuse-to-respond-regarding-engagement-of-Attorney-Sarah-Overton-by-the-Council-under-Zernik-v-Connor et al

http://www.scribd.com/doc/31305381/
10-04-20-Cal-Judicial-Council-Letter-to-Zernik-Re-Request-to-Access-Records-and-for-Corrective-Actions-by-Chief-Justice-Ronald-George-s

http://www.scribd.com/doc/33879469/
10-07-04-Human-Rights-Alert-Complaint-against-the-California-Judicial-Council-Chaired-by-California-Chief-Justice-Ronald-George-for-Public-Corruption

2)  G wrote

At 07:36 PM 2/6/2011, G wrote:

Joseph:

In '94 or '95, []  filed a cert petition in the USSC, In the Matter of the Verified Accusation [VA] of Attorney GARY L. ZERMAN vs. Attorneys R. BROWNE GREENE and MELVIN M. BELLI, Case No. 94-1704, which raised two (2) issues:  1) the CSC systematically summarily denying VAs, in total disregard of statutory law (B&P Code sections 6108, et. seq., particularly sec. 6109)[ and, 2) ignoring a disqualifying conflict of interest re issue no. 1, above.

As par for the course, the USSC issued two words:  Petition Denied.

[] put in the cert petition, that [] spoke with a Mr. Philip Carrizosa, who has reported on the CSC for the LA Daily Journal for 15-years, and he stated that he had seen and reviewed "hundreds" of VAs filed in the CSC over that time, but had "never" seen the CSC grant "even one", yet "many" appeared "to have merit".   Petitioner asked Mr. Carrizosa (twice) to provide a declaration to support this petition; he declined stating "my editor won't let me."14

14 Mr. Carrizosa made the same statement to attorney John DeRonde, regarding VA, S037043, that he filed against attorney Thomas Pfalzer in the CSC, which also was summarily denied despite indisputable serious attorney misconduct.  Also see Va S042880 against attorneys Donna Peizer and Sandra McNabb, which was filed in October 1994, there CSC has not acted yet, as required by sec. 6109.  See attorney Discipline and the California Supreme Court:  Transfer of Direct Review to the Courts of Appeal, (1984) 72 C.L.R. 252, 258, ft 47, which references a 1983 article by Mr. Carrizosa on the CSC."

The last I knew, Mr. Carrizosa was working for the Cal. Judicial Council.  [].    

---

3) Joseph Zernik wrote

Date: Sun, 6 Feb 2011 06:29:09 +0200
To: lawsters@googlegroups.com
From: jz12345@earthlink.net
Subject: Re: FW: You Name ‘Em, We’ll Shame ‘Em : 

Hi Gary:

You get into an interesting question: The ownership/control of the Daily Journal.  Per hearsay, the Daily Journal is controlled by the California Bar.  A few years ago, I communicated in writing and by phone with the Editor in Chief of the Daily Journal.

However, after I discovered and published the fact that the Daily Journal is the whole owner of SUSTAIN, maker of the case management system of the LA Superior Court (opined as fraud).  Nobody in Daily Journal agreed to talk with me again.

Do you have any documents regarding the presumed control of the Daily Journal by the California Bar?

JZ

4) G wrote

At 08:17 PM 2/2/2011, you wrote:

M:

Check out the article in the below link, re the proposed rule by the Florida bar.

As they say, it's not so much what you know, but who you know.  And moreover, those in power want to keep us out of the know - as in the dark to their back room brokered corrupt power deals.

Have you seen any of the info re the Dole case (mentioned in the below article), where Girardi, Lack and Miller filed a brief in the 9th Circuit Court of Appeals that was found to be fraudulent?  Girardi was serving on the Judicial Council, chaired by Chief Justice Ronald George when that occurred.  Miller was the Cal State Bar president and was or is an editor at the Daily Journal (legal paper of record for LA & many other Cal cities).  George was/is on the advisory board of the California Lawyer magazine, which is owned by the Daily Journal.  G.

---

5) R wrote

From: 

To: 

Subject: You Name ‘Em, We’ll Shame ‘Em: 

Date: Wed, 2 Feb 2011 08:19:08

http://theeliteones.wordpress.com/2011/01/24/you-name-em-well-shame-em-beth-jay-counsel-to-king-george/#more-14038

11-01-06 Welcome Korea - Last New Visitor! // Bienvenido Korea - Visitante Mas Reciente! // 欢迎韩国- 最后的新访问者！

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11-02-05 Second request filed with US Congress for impeachment of Judge Jed Rakoff and Clerk Ruby Krajick - for their conduct in litigation of Lindner v Amex

  

The US courts undermine Banking Regulation and Civil Rights during the ongoing financial crisis. Like the Great Depression before it, the ongoing financial crisis is a system-wide integrity crisis.  Unless integrity of the justice system is restored, socio-economic development and civil society conditions in the United States are unlikely to improve in the foreseeable future.
Los Angeles, February 5 - Human Rights Alert (NGO) and Joseph Zernik, PhD, have filed a second request  with the US Congress for impeachment of US Judge Jed Rakoff and Clerk Ruby Krajick, both of the US District Court, Southern District of New York. [[i]] The request pertains to conduct of Judge Jed Rakoff and Clerk Ruby Krajick in litigation of Lindner v Amex (1:10-cv-02228), a Civil Rights matter.  Review of the records in the case shows that the case also directly pertains to corporate and banking regulation, or lack thereof, by the Securities and Exchange Commission.

The first request for impeachment of US Judge Jed Rakoff and Clerk Ruby Krajick was filed in December 2010, and pertained to conduct of US Judge Jed Rakoff and Clerk Ruby Krajick in litigation of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829), a Securities Fraud matter. [[ii],[iii] ,[iv],[v]]

The records and the reports from litigation of Lindner v Amex, [[vi]] document collusion by Judge Jed Rakoff, Clerk Ruby Krajick, and others in the conduct of pretense litigation: 

*         Summonses were listed as issued, but were not docketed, in apparent violation of Federal Rules of Civil Procedure. Summonses were listed in the docket in an invalid manner as executed, but other court records document that the court itself has never deemed the summonses as issued or served.  Access to the Summons, to inspect and to copy, is denied. Failure to serve summons should make the litigation invalid, and it should have been dismissed by the Court.  Fraud in issuance of summonses is common in the US courts today.

*         No assignment order for Judge Jed Rakoff, and no referral order for Magistrate Spenser Cott are found in the docket.  A judge with no assignment/referral order has no authority to preside and judge in a given case.

*         No court proceedings were conducted in the case, which was purportedly commenced in March 2010, and Plaintiff has been denied the right to conduct discovery in alleged violation of Due Process rights.

*         Entries were made in the docket by unnamed, unauthorized personnel.  Therefore, the docket as a whole should be considered invalid, false and deliberately misleading.

*         The docket demonstrates an arbitrary and capricious pattern of denial of public access to court records in apparent violation of First Amendment rights.

*         Public access to the Clerk's electronic certificates of authentication/attestation by the Clerk (NEFs - Notices of Electronic Filing) is denied. Court orders and judgments must be authenticated/attested by the Clerk in order to become valid and effectual court records. Absent access to the certificates, the People and also Plaintiff Lindner (who is not authorized to view such records either), are denied the right to distinguish, which of the records, which were published in the docket, are held by the Court itself as valid and effectual court records.  The request claims that it is likely that upon investigation it would be discovered that none of the purported orders in the case were electronically authenticated by the Clerk. Therefore, these orders are likely to be invalid.

Review of the case as a whole shows that numerous records have been meticulously generated, and a docket has been constructed and published online in a manner that would appear to the People and to pro se Plaintiff Lindner as if litigation is conducted in compliance with the law of the United States. In fact, upon careful examination, the records reveal litigation that has been conducted in a manner that is deliberately invalid from its start.

The pattern of conduct of Judge Jed Rakoff, Clerk Ruby Krajick in Lindner v Amex is similar to their conduct in SEC v Bank of America.   The request for impeachment claims that combined, the conduct of Judge Jed Rakoff, Clerk Ruby Krajick, and others in Lindner v Amex and SEC v Bank of America is likely to be sufficient for their prosecution for racketeering.

Both Lindner v Amex and SEC v Bank of America also demonstrate the ways in which PACER and CM/ECF (the public online and case management systems of the US courts) enable such conduct.  The US Congress has been called upon to perform its duties and initiate corrective actions. 

The request emphasized that the two cases, and other cases across the United States, document the key role of the US courts in undermining Banking Regulation and Civil Rights during the ongoing financial crisis. Like the Great Depression before it, the ongoing financial crisis is a system-wide integrity crisis in its essence.  Unless integrity of the justice system is restored, socio-economic development and civil society conditions in the United States are unlikely to improve in the foreseeable future. [[vii]]

The request was filed with Congressman Lamar Smith, and Senator Patrick Leahy, Chairs of the Committees on the Judiciary, Congressman Spencer Bachus and Senator Christopher Dodd, Chairs of the Banking Committees, and Congressman David Dreier, Chair of the House Rules Committee.

Notice was given to the Basel Committee on international banking and the United Nations Human Rights Council.
____ 

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.

http://www.scribd.com/Human_Rights_Alerthttp://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/http://www.liveleak.com/user/jz12345
LINKS                                                            [i] 11-02-05 Request No 2 for Impeachment of Judge JED RAKOFF Clerk RUBY KRAJICK, US District Court, Southern District of New York, in Re Conduct of Lindner v Amex (1:10-cv-02228) s
http://www.scribd.com/doc/48244479/
[ii] 11-01-10 Request No 1 for investigation/impeachment of US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, in re: Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/46616530/ 
[iii] 10-12-08 Request No 1 for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York, in re: Conduct ofSecurities and Exchange Commission v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/44908376/
[iv] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) - Pretense Litigation and Pretense Banking Regulation in the United States; filed in support of Request No 1 for impeachment of US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York
http://www.scribd.com/doc/44663232/
[v] 10-12-19 Addendum to Request No 1 for Investigation/impeachment of JUDGE RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, in re: Conduct of Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829)
http://www.scribd.com/doc/45644678/
[vi] 11-02-05 Lindner v American Express Company (1:10-cv-02228) in the US District Court Southern District of New York: PACER records
http://www.scribd.com/doc/48212182/
[vii] 11-02-03 Stealing from the People: Corruption in the United States; the Big Feast: Banker, Judge, Civil Servant
http://www.scribd.com/doc/48090911/ 

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11-02-03 1-02-03 Stealing from the People: Corruption in the United States; the Big Feast: Banker, Judge, Civil Servant // Robar a la gente: La corrupción en los Estados Unidos; La Gran Fiesta: el Bancario, el Juez, Funcionario // 从人民盗：腐败在美国，大盛宴：银行家，法官，公务员

Criminological Perspective:

Collapse of the US Justice System at the Heart of the Financial Crisis

Joseph Zernik, PhD
Human Rights Alert (NGO)
Jz12345@earthlink.net

The first-ever UPR (Universal Periodic Review) of Human Rights in the United States was conducted in 2010 by the Human Rights Council (HRC) of the United Nations. The official HRC Staff Report incorporated Human Rights Alert's submission, summing it up with reference to "corruption of the courts and the legal profession and discrimination by law enforcement in California".

The submission was based on official, expert, and media reports focusing on conduct of the justice system in Los Angeles County, California:

·         Collusion by federal and local law enforcement in the wholesale cocaine trafficking to Los Angeles for over a decade, as part of the Iran-Contra scandal (~1982-1992), which was claimed as central to the crack-cocaine epidemic of those years.

·         Ongoing false imprisonments of thousands of Rampart-FIPs (Falsely Imprisoned Persons) - almost exclusively black and Latinos - victims of the Rampart corruption scandal (1998-2000). External investigation of the Los Angeles courts and the DA office, which was repeatedly called for, was never conducted. Official reports later documented the judges of the Los Angeles Superior Court objecting to the release of the Rampart-FIPs, since it would cause "collapse of the justice system".

·         Financial institution and real estate fraud under the guise of litigation in the courts: 

-         In 1998, the earliest case of real estate fraud by the court was documented, but such conduct is likely to have started much earlier. 

-         Starting in the early 2000s FBI reports distinguished LA County as "the epicenter of the epidemic of real estate and mortgage fraud". 

Fraud in the courts by the Los Angeles-based Countrywide and later by Bank of America is not limited to Los Angeles County, California.  In some courts outside California the fraud is at times called out.  Nevertheless, neither Countrywide nor BofA suffer legal consequences:

·         In January 2008,  Countrywide - the leading sub-prime lender - collapsed following news reports of fraud by its attorneys in a US court in Pennsylvania. “Recreated letters” were filed as evidence by the bank.  Countrywide's collapse ushered in the sub-prime crisis.

·         In March 2008, a US Judge in Texas issued a 72-page Memorandum Opinion, detailing results of a year-long study of fraud by Countrywide’s attorneys in courts throughout the United States.  Such conduct typically involves appearances by unauthorized attorneys from large national law-firms with “no communications with clients” clause.

·         In July 2008, Countrywide was taken over by BofA, through a US-coerced merger.  Conduct of Countrywide in the courts was consequently adopted by BofA.  BofA continues with such conduct in both the state and US courts throughout the United States to this date.  US law enforcement is fully aware of the conduct, but refuses to take action.   

·         In December 2008, following collapse of Merrill Lynch, a US-coerced merger with BofA involved the unlawful taking of $5 billions by banking executives.

·         In April 2009, New York state Attorney General sent to the US Senate a report of his investigation of the Merrill Lynch–BofA merger.  The report was described by independent analysts as evidence of a “criminal conspiracy” by senior US and banking executives.

·         In August 2009, SEC filed a complaint of securities fraud against BofA in the US District Court in NYC, and with it a proposed settlement. Litigation was initiated, which was reported by media as a highlight of banking regulation.  It was later opined as an elaborate case of fraud in the court through collusion of SEC, BofA, and the Court.

Limited efforts to enforce the law on financial institutions and the judiciary have been seen in recent years:

·         2006-present: Large scale court corruption scandal is prosecuted in El Paso, Texas.  However, the case is entirely under seal, leaving the public to only speculate regarding integrity of the investigation and the prosecution.

·         2008-present: Large-scale false imprisonments in Luzerne County, Pennsylvania, have unfolded as part of the Kids for Cash scandal. Judges took millions of US dollars in bribes from privatized prisons and falsely imprisoned thousands of juveniles.  The US DOJ is prosecuting the judges for racketeering and efforts are underway to free the victims.

·         In 2010, the Florida state Attorney General attempted to investigate fraud in the state courts by large law- firms, acting on behalf of large financial institutions.  A Florida state judge blocked the investigation.

·         In 2011, Massachusetts the state's highest court issued a ruling that may bring fraud in foreclosure proceedings in that state to a halt.

In contrast, in California, US DOJ has been steadfast in its refusal to take action regarding court corruption and Human Rights violations of historic proportions, even after Congressional Inquiries on the matter. 

In parallel, US law enforcement agencies have repeatedly provided the US Congress with false and deliberately misleading reports regarding the current financial crisis, stating that:

·                     No criminality was found in investigation of sub-prime lenders.

·                     The crisis was the outcome of "changing market conditions".

·                     The US has "shored up banking regulation".

US Congress made efforts to address the situation, as evidenced in passage of:

·                      The Sarbanes Oxley Act (2002), and

·                      The Fraud Enforcement and Recovery Act (2009). 

Such efforts are ignored by the US Department of Justice and the courts, which refuse to enforce the law.  

The US Congress is fully aware of conditions of US justice system. To wit, in early 2009 Senator Patrick Leahy, Chair of the Judiciary Committee called for establishment of a "Truth and Reconciliation Commission". 

It is proposed that:

·         Collusion by federal and local law enforcement in wholesale cocaine trafficking to Los Angeles for over a decade, as part of the Iran-Contra scandal (~1982-1992), resulted in conditions, where federal authorities are unable to enforce the rule of law in Los Angeles County, in particular, and California in general.

·         The synergy between Countrywide Financial Corporation and the Los Angeles Superior Court was crucial in propelling Los Angeles to its distinction as "epicenter of the epidemic of real estate and mortgage fraud", which later became the current financial crisis.

·         Conditions that today prevail in Los Angeles County, California, amount to an extra-constitutional zone.

·         US banking institutions today engage in fraud in the courts throughout the United States with impunity.  Following collusion with senior US officers in conduct related to the Countrywide-BofA and Merrill Lynch-BofA mergers, senior banking executives became effectively immune to prosecution.

·         Like the Great Depression before it, the current financial crisis in its essence is a system-wide integrity crisis.  Unless integrity of the financial and justice systems in the US is addressed, socio-economic and civil society conditions are unlikely to improve in the foreseeable future.        
_________

Key words:
1. Global Economic Crisis and Criminology
3. Corporate and Business Crime
6. Property Crime
11. Organized Crime
12. Organizational Crime
13. State Crime
27. Economy     
28. Polity
55. Adjudication
64. Truth and Reconciliation 
65. Quantitative Methods
66. Qualitative Methods
72. Criminal Justice and Human Rights

_________

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.

http://twitter.com/inproperinla
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/ 
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345  
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM 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
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*     "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/
*   "...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/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/