Friday, June 3, 2011

11-06-03 The case of William Windsor: Alleged racketeering in the US Court, Northern District of Georgia // Crimen organizado en el Tribunal de Justicia de EE.UU., en Georgia // 敲诈勒索在美国法院在格鲁吉亚

The case of William Windsor: Alleged racketeering in the US Court, Northern District of Georgia, is enabled by the large-scale fraud in the electronic record systems of the US Courts (PACER and CM/ECF)

William Windsor is trying to find out: Is this honest litigation, or is this a hoax?  Clerk James Hatten is saying: None of your business... Corruption of the US courts is the tight link, connecting abuse of Human Rights and the Economic Crisis...

William Windsor, Non Attorney (pro se) Defendant
Opined by Dr Zernik as a victim of racketeering in the US Court, Northern District of Georgia.

Los Angeles, June 3  "So far I have never seen such a letter," says Joseph Zernik, PhD, of Human Rights Alert (NGO),  "Clerk James Hatten of the US Court, Northern District of Georgia, is flaunting the corruption."

In previous cases, archived by Dr Zernik, no written records were provided to document the corruption, or letters were provided by low level, or unauthorized court personnel.  Here a signed letter was provided by Clerk of the US Court James Hatten.

Windsor is trying to find out: Is this honest litigation, or is this a hoax?  Clerk Hatten is saying: None of your business...

The sequence of events in this case was clear and simple:
  • On May 13, Windsor went to the Office of the Clerk and submitted a request "to access court records" in his cases. [i]

Figure 1: Pro Se Defendant Windsor's May 13, 2011 request to see his own court records.
  • On May 13, Windsor was not permitted to access any of the papers in his cases.
  • The May 27 letter by Clerk Hatten establishes that Windsor is not permitted to access the authentication records in his case. (NEFs  Notices of Electronic Filing). [ii]

Figure 2:
Clerk Hatten's May 27, 2011 letter stating "we do not provide copies of the NEFs," the electronic authentication records.

Obviously, such conditions undermine any notion of Civil Rights or integrity in the US court system.

The reason that Clerk Hatten is denying Windsor the right to see his own case court papers is obvious...

In a series of cases in the US District Court, Northern District of Georgia, and the US District Court, DC, William Windsor has attempted to protect his rights against alleged financial fraud, judicial corruption, and abuse of his rights.  The cases were previously opined by Joseph Zernik, PhD, of Human Rights Alert (NGO) as cases of simulated litigation and racketeering in the US courts: [iii,iv]
  • In the US District Court, Northern District of Georgia, Judges Olinda Evans and William Duffey, Jr, and Clerk James Hatten conducted litigation founded on simulated docket, simulated minutes, orders, and judgments.
  • In the US District Court, DC, Judge Richard Leon and Clerk Mayer-Whittington denied Plaintiff Windsor the right to file papers in court with no due process at all.
Dr Zernik's opinions regarding large-scale fraud in the state and US courts have been internationally recognized

In recent years, Dr Zernik has gained has gained substantial experience in analysis of large government and corporate record keeping systems: [v]
  • His opinions in such matters were reviewed and adopted by the United Nations official Staff Report, as part of 2010 UPR (Universal Periodic Review) of Human Rights in the United States.
  • His opinions in such matters were supported by law enforcement and computer science experts.
  • Papers he authored on the subject were peer-reviewed and published in an international computer science journal with an Editorial Board listing scholars from six European nations and Canada.
  • His opinions in such matters were selected for presentation in international computer science and criminology conferences.
The electronic records systems of the US courts  PACER and CM/ECF  are large-scale fraud on the people
"The fraud is made possible by the electronic records systems of the US courts, PACER and CM/ECF.  Naive people believe that the records, which are published online by the US courts are true court records," says Dr Zernik.

The large-scale fraud in PACER and CM/ECF was previously opined as primarily directed against pro se filers  non-attorney individuals, who come to the US courts in efforts to protect their rights.  The essence of the fraud is in the online publications of simulated, fake court records.  The courts themselves do not consider such records as valid and effectual, unless they are duly authenticated.  However, pro se filers are routinely denied access to the electronic authentication records (NEFs), which would have enabled them to distinguish between valid and void court records. [vi]

Figure 3: A fake simulated bank check record, where one is unable to see the payer's signature.

"You can think about it as a check where the signature is blacked out, or missing" In fraud experts lingo, the case of PACER and CM/ECF is a Shell Game Fraud, or Confidence Trick," says Dr Zernik, "We are preparing to ask US Attorney General to start an investigation. It is an unheard of case of organized fraud by the Judiciary on the People." [vii]

Corruption of the US courts is the tight link connecting abuse of Human Rights and the Economic Crisis.
"Corruption of the US courts is the often overlooked core issue in the current economic crisis," says Dr Zernik, "Unless integrity of the courts is restored, conditions are not going to improve anytime soon."

Without honest courts, there is no way to restore honest Banking Regulation and prosecute those who are criminally accountable for the ongoing crisis. [viii]
______
LINKS
[i]
11-05-17 Affidavit of William M Windsor in re: Denial of access to court record in the US District Court, Northern District of Georgia, (1:09-CV-01543), (1:09-CV-02027), and (I:06-CV-0714)
http://www.scribd.com/doc/55692878/
[ii] 11-05-27 In re: William Windsor (1:06-cv-0714, 1:09-cv-01543, and 1:09-MI-0220) US Court, Northern District of Georgia - denial of pro se Defendant's access to court records s
http://www.scribd.com/doc/56988290/
[iii] [1] 11-02-13 Maid of the Mist Corporation et al v William Windsor (1:06-cv-00714) - Evidence of Racketeering in the US District Court, Northern District of Georgia
http://www.scribd.com/doc/48759093/
[1] 11-02-13 Maid Of The Mist Corporation et al v William Windsor (1:06-cv-00714)  in the US District Court, Northern District of Georgia: Court records
http://www.scribd.com/doc/45084688/
[2] 12-12-11 Maid of the Mist Corporation et al v William Windsor (10-10139) in the US Court of Appeals, 11th Circuit: Compiled Records of Appeal s
http://www.scribd.com/doc/45080970/
[3] 11-01-18 Press Release: Windsor v Maid of the Mist in the Supreme Court of the United States and Alleged Corruption of the Office of the Clerk of the Supreme Court of the United States
http://www.scribd.com/doc/47146842/
[4] 11-02-10 Windsor v Maid of the Mist Corporation (10-690 and 10-A690) - Fraud opined in US Supreme Court records, received by Mr Windsor from office of Clerk Suter
http://www.scribd.com/doc/48596120/
[5] 11-01-28 William M. Windsor v. Maid of the Mist Corporation, at al. (10-A690) in the Supreme Court of the United States: a) Suggested request for a valid record of denial, certified by Justice Thomas, and b) Records provided on January 28, 2011 by Mr Windsor s
http://www.scribd.com/doc/47773731/
[6] 11-02-10 Press Release: Fraud Opined in US Supreme Court Records Received by Petitioner William Windsor From the Office of Clerk Suter
http://www.scribd.com/doc/48605325/
[7] 11-11-12 Maid of the Mist Corporation Et Al v Alcatraz Media, LLC, et al (1:09-Cv-01543) Simulated Litigation in the US Court, Northern District of Georgia, through collusion of US judges, Clerk of the US Court, and US Attorney Office s
http://www.scribd.com/doc/55267532/
[8] 11-11-12 PRESS RELEASE: Maid of the Mist Corporation Et Al v Alcatraz Media, LLC, Et Al (1-09-Cv-01543) Simulated Litigation - Fraud in the US Court, Northern District of Georgia
http://www.scribd.com/doc/55272776/
[10] 11-05-26 Windsor v Evans et al (1:10-cv-00197) in the US Court, District of Columbia - Willful Misconduct by US Judge Richard Leon to cover up corruption of the US Court, Northern District of Georgia
http://www.scribd.com/doc/56304109/
[11] 11-05-30 PRESS RELEASE: Judge Richard Leon, US District Court, DC  master of the "Leave to file denied"
http://www.scribd.com/doc/56612919/
[12] 11-06-02 DRAFT Request for US Attorney General Eric Holder's Investigation of the Integrity, or lack thereof, of Public Access and Case Management Systems of the US Courts
http://www.scribd.com/doc/56893149/
[13] 11-06-02 PRESS RELEASE: Eric Holder, US Attorney General is requested to investigate the integrity, or lack thereof, of the electronic records systems of the US courts  draft published for comments
http://www.scribd.com/doc/56918693/
[iv] Simulated Litigation, Simulated Minutes, Orders, Judgments, Dockets are used here in the sense established in the Texas Penal Code:
Texas Penal Code
 32.48. SIMULATING LEGAL PROCESS. 
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
        (1)  induce payment of a claim from another person;  or                      
        (2)  cause another to:                                                       
            (A)         submit to the putative authority of the document;  or                
(B)     take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b)  Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[v]
11-05-08 Joseph Zernik,PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
[vi]11-05-20 NEF (Notice of Electronic Filing) in the US Courts Electronic Filing System (CM/ECF)
http://www.scribd.com/doc/55862403/
[vii] 11-06-02 PRESS RELEASE: Eric Holder, US Attorney General is requested to investigate the integrity, or lack thereof, of the electronic records systems of the US courts  draft published for comments
http://www.scribd.com/doc/56918693/
[viii]  11-04-21 PRESS RELEASE: "In Financial Crisis, No Prosecutions of Top Figures" - Because of widespread corruption of the justice system, they are effectively immune�
http://www.scribd.com/doc/53520603/
_____
Human Rights Alert (NGO)
 
human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
_______

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_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
*
"...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."
http://www.scribd.com/doc/50753639/
Prof Paul Krugman, MIT (2011)
_____________________________
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 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/
_____ 

Thursday, June 2, 2011

11-06-02 Welcome Paraguay! // Bienvenido Paraguay! // 欢迎巴拉圭!

Last New Visitor

Paraguay 
Visited June 2, 2011

11-06-02 Welcome the Philippines! // Bienvenido a Filipinas! // 欢迎菲律宾!

Last New Visitor

Philippines 
Visited June 2, 2011

11-06-02 Eric Holder, US AG is asked to investigate integrity of computers of the US courts // La corrupción de los ordenadores de los Tribunales de EE.UU.// 腐败的美国法院的计算机

Comments, suggestions are solicited regarding request for investigation of the integrity, or lack thereof, of the electronic public access and case management systems of the US courts by the US Attorney General Eric Holder

The electronic records systems of the courts affected a sea change in court procedures, but were never established by law or by rules of courts.  Numerous deficiencies were identified in the systems, which undermine the rights of the People and Banking Regulation.  US Attorney General is asked to initiate review  and investigation.  Unless integrity of the US courts is addressed, civil society and socio-economic development conditions are unlikely to improve.


Eric Holder,
US Attorney General

Los Angeles, June 2 - Joseph Zernik, PhD, and Human Rights Alert (NGO), has published a draft request for review and investigation of the integrity, or lack thereof, of the electronic public access and case management systems of the US courts by the US Attorney General Eric Holder. [[i]]  The draft is circulated as a request for comments and suggestions prior to its submission to the US Attorney General.

The request notes that numerous deficiencies were identified in the electronic record systems of the US courts, to the degree that such systems seriously undermine the Human, Constitutional, and Civil Rights of the people, Banking Regulation, and the Rule of Law.

The request claims that the systems particularly harm pro se filers, who seek remedy for alleged abuse of their rights in the US courts, [[ii]] and that attempts to seek remedy such conditions through the US courts themselves were unsuccessful. [[iii],[iv]]

Conditions, which now prevail in the US courts, stand in stark contrast with the laws enacted by the US Congress, presidential directives, and regulations pertaining to the validation and authentication of records systems in the Executive Branch.

The request notes that thorough review of the records systems would be a lengthy process, and implementation of the necessary corrective measures even longer.  However, timely response is requested, at least regarding intent, if any, by the US Attorney General to address the matter.

The writer, Joseph Zernik, PhD, has gained substantial experience in recent years in analysis of large government and corporate record keeping systems
The writer has gained substantial experience in analysis of large record keeping systems: [[v]]
  • His opinions in such matters were reviewed and adopted by the United Nations official Staff Report, as part of 2010 UPR (Universal Periodic Review) of Human Rights in the United States.
  • His opinions in such matters were supported by law enforcement and computer science experts.
  • Papers he authored on the subject were peer-reviewed and published in an international computer science journal with an Editorial Board listing scholars from six European nations and Canada.
  • His opinions in such matters were selected for presentation in international computer science and criminology conferences.
The Administrative Office of the US Courts has implemented invalid public access (PACER) and case management (CM/ECF) systems in the US courts, which undermine the integrity of US court records.
The request detailed numerous deficiencies in the electronic records systems of the US courts.  Furthermore, implementation of the electronic records systems amounted to a sea change in court procedures.  The US courts failed to publish valid Rules of Courts, to establish the new court procedures, deemed effective by the US Courts following the implementation of the systems.

The core deficiency of the systems is in enabling the publication of simulated PACER dockets, and simulated court orders and judgments, which the clerks of the US courts refuse to certify. [[vi]]

Implementation of PACER and CM/ECF effectively established two separate and unequal classes in access to the courts and to court records, thereby allegedly discriminating against pro se filers and the public at large.
Pro se filers (non-attorneys) are routinely denied access to electronic filing and to court records through implementation of the systems.  Therefore, the request claims that the systems undermine their Human, Constitutional, and Civil Rights.

The electronic public access and case management systems of the US Supreme Court undermine the foundation of the Rule of Law.
The request notes similar deficiencies also in the electronic systems of the US Supreme Court. [[vii]]

Conditions, which were established through implementation of the electronic records system, undermined the integrity of the US courts in both Human, Constitutional and Civil Rights and Banking Regulation matters.
The request claims that restoration of integrity of the electronic records systems is essential not only for the protection of rights of the People, but also for restoring the integrity of US Banking Regulation. [[viii], [ix]]  It  claims that conduct of the courts is a key factor in the current financial crisis, which is often overlooked.
Unless the issues are addressed, it is unlikely that US Banking Regulation will be restored. 

Therefore, it is claimed that addressing these issues is essential for restoring both civil society and socio-economic development.

Proposed corrective measures
The request also proposes corrective measures:
  • Restoring the integrity of the offices of the clerks of the US courts: 
It is claimed that conditions that today prevail in the US courts are similar to those that prevailed in the early 20th century, and that both then and now, such conditions are central cause of the socio-economic crises.  The Salary Act (1919), which placed the clerks of the US courts under the authority of the US Attorney General was credited with restoring the integrity of the offices of clerks of the US courts a century ago. [[x]]
  • Enactment of federal rules of electronic court records:
As part of the transition to electronic administration of government, the US Congress passed the E-Government Act (2002) and the E-Sign Act (2000). The US Department of Homeland Security Presidential Directive-12 (2004) further established policies for validation and authentication of electronic systems and electronic records of the Executive Branch agencies. Standards were accordingly promulgated and applications were implemented. In contrast, the records systems, implemented by the US courts, were not covered by such laws and regulations. 
  • The People, and computing professionals in particular, should exercise their civic duties in ongoing monitoring of the integrity of electronic court records:
The common law right to inspect and to copy judicial records was reaffirmed by the US Supreme Court in Nixon v Warner Communications, Inc (1978) as inherent to the First Amendment.  In doing so, the US Supreme Court stated that the right was necessary for the People "to keep a watchful eye on government". 
Once public access to electronic court records is restored, the People must keep a watchful eye on electronic court records. No other measure could substitute for scrutiny of court records by the People in safeguarding the integrity of the courts and Human Rights in the Digital Era. 

The request will be copied to Senator Patrick Leahy, Chair of the Senate Judiciary Committee and Senator Dianne Feinstein.
_____
Joseph Zernik, PhD
Human Rights Alert (NGO)
_____
LINKS:
[i] 11-06-02 DRAFT Request for US Attorney General Eric Holder's Review of Integrity of Public Access and Case Management Systems of the US Courts
http://www.scribd.com/doc/56893149/
[ii] May 30, 2011 PRESS RELEASE: Judge Richard Leon, US District Court, DC - �master of the� Leave toe to file denied�
http://www.scribd.com/doc/56612919/
[iii] The core claims regarding critical deficiencies in PACER and CM/ECF were detailed in the Motion to Intervene under Log Cabin Republicans v USA et al in the US Court of Appeals, 9th Circuit, and the Court was asked to initiate corrective actions, regardless of the Intervention in the individual case as well.  The Motion to Intervene was denied, and there is no evidence of the initiation of any corrective actions:
January 7, 2011 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
http://www.scribd.com/doc/46516034/
[iv] The core claims regarding deficiencies in PACER and CM/ECF, and also regarding records management in the US Supreme Court were detailed in the Motion to Intervene under Fine v Sheriff in the US Supreme Court.  The papers, duly filed in the US Supreme Court were �returned� by unauthorized Supreme Court employee, Court Counsel Danny Bickell:
April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court
i) 10-04-20 Fine v Sheriff (09-A827) Face pages of five filings by Dr Joseph Zernik with stamps showing receipt by the US Supreme Court
http://www.scribd.com/doc/30304657/
ii) 10-04-20 Fine v Sheriff (09-A827) 1 Amended Motion to Intervene
http://www.scribd.com/doc/30161573/
iii) 10-04-20 Fine v Sheriff (09-A827) 2 Amended Request for Lenience by Pro Se Filer
http://www.scribd.com/doc/30161636/
iv) 10-04-20 Fine v Sheriff (09-A827) 3 Amended Request for Corrections in US Supreme Court Records
http://www.scribd.com/doc/30162109/
v) 10-04-20 Fine v Sheriff (09-A827) 4 Amended Request for Incorporation by Reference
http://www.scribd.com/doc/30162144/
vi) 10-04-20 Fine v Sheriff (09-A827) 5 Amended Appendices
http://www.scribd.com/doc/34050423/
[v] 11-05-08 Joseph Zernik,PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
[vi] Simulated Litigation, Simulated Minutes, Orders, Judgments, Dockets are used here in the sense established in the Texas Criminal Code:
Texas Penal Code
� 32.48. SIMULATING LEGAL PROCESS. 
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
        (1)  induce payment of a claim from another person;  or                      
        (2)  cause another to:                                                       
            (A)  submit to the putative authority of the document;  or                
(B)     take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b)  Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[vii] Regarding the public access and case management systems of the US Supreme Court, see:
a)    11-05-23 PRESS RELEASE: Citizens United v Federal Election Commission in the US District Court, DC  invalid court records in a Simulated Litigation
http://www.scribd.com/doc/56106686/
b)    11-05-24 RE Citizens United v Federal Election Commission (FEC) - Request for Policy Statement by FEC s
http://www.scribd.com/doc/56145482/
c)    11-01-25 Request for Impeachment of US Supreme Court Clerk WILLIAM SUTER s
http://www.scribd.com/doc/47539382/
d)    10-07-01 Complaint against US Supreme Court Counsel Danny Bickell for Alleged Public Corruption and Deprivation of Rights
http://www.scribd.com/doc/33772313/
[viii] Regarding the effects of the electronic records systems of the US courts on Banking Regulation, see [I,iii,vii], above.
[ix] Regarding the effects of the electronic systems of the US courts on Banking Regulation, see also:
1-02-05 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)
http://www.scribd.com/doc/48244479/
[x]       Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
        http://www.scribd.com/doc/34819774/
  
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
_______ 
 
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http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "...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."
http://www.scribd.com/doc/50753639/
Prof Paul Krugman, MIT (2011)
_____________________________
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 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/
_____ 

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Wednesday, June 1, 2011

11-06-01 Fraud in the US Courts // Fraude en los EE.UU. Tribunales // 在美国法院欺诈

[]
Sharon Scarrella Anderson 
www.sharon-mn-ecf.blogspot.com

Correspondence with Sharon Anderson in RE: Complaint pertaining to fraud in PACER and CM/ECF and discrimination against non-lawyers (pro se filers) in the US courts

William Windsor introduced me to Sharon Anderson, who has been active in protesting the fraud in PACER and CM/ECF for some years.

I am seeking input on the issue of filing a petition by a group of pro se filers, against US Attorney General Eric Holder, "To Compel US Officer to Perform His Duties", relative to corruption of the US Courts in general, and in particular regarding the fraud in the public access (PACER) and electronic filing (CM/ECF) systems in the US courts by the Administrative Office of the US Courts and discrimination against pro se filers through denial of access to CM/ECF.
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1) Joseph Zernik wrote:
I am fully aware of the futility of seeking remedies through the US courts.  Filing a complaint is intended as a form of protest, civil disobedience, and as an attempt to educate the people and gain media attention.  Moreover, filing complaints pertaining to the corruption of the US courts themselves, often leads the courts to engage in blatant misconduct, as seen, for example, in the case of Judge Richard Leon, below.

William Windsor is very effective in getting media attention to the issues, and I hope that such filing would provide an opportunity for media attention to the issues.

The corruption of the US courts affects not only the large-scale abuse of Human Rights, but also the failure of US banking regulation. [1]  The issue of failing US banking regulation has attracted substantial attention both in the US and abroad in recent years, since it caused a world-wide crisis.

International forums are used for highlighting the issues:  [2]

  • Filing with the United Nations Human Rights Council, which led to a report that stated: Corruption of the courts and the legal profession in California,
  • Publication in peer-reviewed, international computer science journal,
  • Presentations in the 16th World Criminology Congress.
  • Communication with foreign embassies and international central banks and banking regulators.
IN SUM:
The evidence shows that corruption of the US courts is at a level that has not been seen in a century or more.  The fraudulent electronic systems are claimed to be a key enabling factor.
  • The chances that filing a petition for a Writ of Mandate "to Compel a US Officer to Perform His Duties" will remedy the situation are slim.
  • Filing such complaint will provide further evidence of the corruption, and help to build the pressure on the US government.
  • Filing such complaint on the fundamental issue of fraud in PACER and CM/ECF will allow to get together a large group of complainants from around the country.
WHAT NEXT?
I suggest writing a letter to Attorney General Eric Holder, requesting that he perform his duties, and restore the integrity of the US courts by addressing the fraud in PACER and CM/ECF and the discrimination against pro se filers.

REQUEST FOR INPUT:
Please offer suggestions regarding types of fraud that you have identified in PACER and CM/ECF. 

The issues that were identified so far, which enable the routine conduct of cases as Simulated Litigation are:

A. The Administrative Office of the US Courts has implemented fraudulent, invalid public access (PACER) and case management (CM/ECF) systems in the US courts with no legal authority at all.
1) Failure of the US courts to publish valid Rules of Courts, to establish the new court procedures, deemed effective by the US Courts following the implementation of PACER and CM/ECF.
1) Publication of simulated PACER dockets, which the clerks of the US courts refuse to certify
2) Failure to establish a legally valid and publicly recognized forms of digital signatures of judges and clerks.
3) Implementation of invalid, simulated authentication records (NEFs - Notices of Electronic Filing in the District Courts and NDAs - Notices of Docket Activity in the US Courts of Appeals), which replaced the Certificates of Service.
4) Elimination of the authentication records (NEFs and NDAs) from the PACER dockets, and thereby making it impossible for the public to distinguish between valid and void court records.
5) Routine failure of the US Courts to docket the summonses in the PACER docket, in apparent violation of the Federal Rules of Civil and Criminal Procedure, and initiation of simulated litigation cases with no valid summonses issued or executed.
6) Publication in PACER dockets of simulated minutes, orders, and judgments, which are unsigned and/or unauthenticated.
7) Failure to establish valid authorities in CM/ECF, and thereby enabling the entry of minutes, orders, and judgments in the PACER dockets by unauthorized court personnel, who are not Deputy Clerks.
8) Enabling the appearance of attorneys, who are not Attorneys of Record, with "no communication with clients" clause.  The practice is rampant in cases involving large corporations and government officials.
9) Enabling the entry of papers in the PACER dockets by attorneys with no prior review by authorized Deputy Clerks.
10) Arbitrary and capricious denial of public access to critical court records in the various US courts (Summonses, papers filed by parties, Judgment Index, Calendars of the Courts, Corporate Parent Reports, etc)

B. Discrimination against pro se filers, related to denial of access to CM/ECF, amounts to abuse of the Human, Constitutional, and Civil Rights of the People.
1) Routine denial of access to CM/ECF, which established two separate and unequal classes in access to the courts and to court records.
2) The cost and time required to file on paper by far exceed the cost of electronic filing.
3) The denial of access to CM/ECF by pro se filers enables court personnel to eliminate undesirable papers, which were duly filed by pro se filers, from the PACER dockets.
4) The denial of access to CM/ECF enables the denial of access to critical court records, which appear only in CM/ECF, in apparent violation of First Amendment and Due Process rights.

C. Fraud in the Public Access and Electronic Filing systems of the US Supreme Court undermines the foundation of the Rule of Law [3]
1) Publication of invalid simulated dockets, journal, decision, judgments by the US Supreme Court has undermined the rule of law.
2) Unauthorized personnel issue US Supreme Court notices, decisions, judgments
3) Unauthorized personnel deny the right to file papers in the US Supreme Court.

LINKS:
[1]
Regarding the fraud in PACER and CM/ECF and banking regulation, see for example the fraud in SEC v Bank of America Corporation
(1:09-cv-06829) in the US District Court, Southern District of New York:
a) 10-12-08 RE: Securities and Exchange Commission v Bank of America Corporation(1:09-cv-06829)  Request No 1 for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York
http://www.scribd.com/doc/44908376/
b) Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - 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/
c) 10-12-19 RE: Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) - Addendum to Request No 1 for Investigation-impeachment of Judge Rakoff and Clerk Krajick
http://www.scribd.com/doc/45644678/
[2] Regarding international publication, presentations, see:
a) 11-05-08 Joseph Zernik,PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
[3] Regarding fraud in the public access and electronic filing systems of the US Supreme Court, see:
a) 11-05-23 PRESS RELEASE: Citizens United v Federal Election Commission in the US District Court, DC  invalid court records in a Simulated Litigation
http://www.scribd.com/doc/56106686/
b) 11-05-24 RE Citizens United v Federal Election Commission (FEC) - Request for Policy Statement by FEC s
http://www.scribd.com/doc/56145482/
c) 11-01-25 Request for Impeachment of US Supreme Court Clerk WILLIAM SUTER s
http://www.scribd.com/doc/47539382/
d) 10-07-01 Complaint against US Supreme Court Counsel Danny Bickell for Alleged Public Corruption and Deprivation of Rights
http://www.scribd.com/doc/33772313/


2) At 12:43 PM 6/1/2011, Sharon4Anderson@aol.com wrote:
http://www.google.com/#sclient=psy&hl=en&source=hp&q=Sharons%20mn-ecf&aq=&aqi=&aql=&oq=&pbx=1&fp=e33c593d9c150181&biw=758&bih=339&pf=p&pdl=3000

Sometimes its an exercise in futility access to the Courts.  www.sharon-mn-ecf.blogspot.com 
 

3) In a message dated 6/1/2011 5:39:03 A.M. Eastern Daylight Time, jz12345@earthlink.net writes:

Copied below is a note I sent to Mr Windsor in this regard.  Any comments, suggestions would be appreciated:
Another option to consider:
Filing together a Petition for a Writ of Mandate in the US District Court, DC, against US DOJ, "To Compel US Officer to Perform His Duties".  It is what I basically did last time: I claimed that USDOJ knowingly refuses to protect the People against judicial corruption.
My complaint was about California, but the issues you and others raised in Georgia, Vermont, Colorado, are the same.
In general, if we decide to go this way, I would suggest that we focus on:
a) The fraud in the PACER dockets, which permits to show invalid records (e.g. the series of certificates in your case), which effectively is denial of Access to the Court and Denial of Equal Protection.
b) The denial of FIRST AMENDMENT access to court records (e.g. - in your case, the refusal to permit you access to the certificates which had no Dkt #)
c) The denial of FIRST AMENDMENT right to file papers in court - e.g., in Judge Richard Leon's court. 
Papers, which provided direct documentary evidence of judicial corruption were "denied the right to file". I had the same experience in:
i. US District Court, Los Angeles
ii.  US Court of Appeals, 9th Circuit
iii. US Supreme Court.
The advantages of framing the issues this way are:
a) That they are universal, for all US courts, and very simple, I believe.  If we take this route, we do not get into the details of the individual cases, yours, or mine, although we can incorporate them by reference to the previous complaints.
b) That there would be much more interest in the legal community in the US and abroad in such complaint, rather than a complaint that deals with the corruption and details of the corruption in this case or that with this judge or that.  PACER and CM/ECF were universally installed by the Administrative Office of the US Courts, and in my opinion it is historically unheard of - organized fraud on the people by the judiciary branch.
c) We could try to introduce expert reports on the matter, which would be much easier than introducing expert reports on the individual cases. (Although in my case in California, I had an Expert Report from an FBI veteran, who is likely the most decorated alive, and Judge Leon "denied the leave to file" the report.)  If they "deny the leave to file" reports on fraud in PACER and CM/ECF, it would be newsworthy, I believe.

4) At 12:15 PM 6/1/2011, Sharon4Anderson@aol.com wrote:
                             YES  At least the e-mail is getting thro  www.lying-lawyers.blogspot.com
 
5) In a message dated 6/1/2011 5:10:53 A.M. Eastern Daylight Time, jz12345@earthlink.net writes:
Dear Ms Anderson:
Mr William Windsor informed me of your actions regarding electronic filing.
You may be interested in reading:
Short review regarding the NEF (Notice of Electronic Filing) - a core instrument of fraud in the US Courts systems (PACER and CM/ECF) [1]
Filing in the US Court of Appeals, 9th Circuit, on this matter [2]
Documentation of abuse against non-attorney filers by Judge Richard Leon, US District Court, DC, in Civil Rights Matters. [3]
Joseph Zernik Bio [4]
Combined, the the papers claim:
1) Discrimination - two classes, separate and unequal - have been established relative to access to the courts.
2) The US courts electronic systems (PACER and CM/ECF) are routinely used to defraud non-attorney filers, particularly in civil rights matters, through the conduct of Simulated Litigation.
The same problem is found in the state courts, but I believe that addressing the large-scale fraud in the US courts is the higher priority.
Would you or others, copied on this message, be interested in joining a filing in the US District Court, DC, for a Writ of Mandate "to compel US Officer to Perform His Duties" against US DOJ in this matter?
Please let me know.
Truly,
[]  
Joseph Zernik, PhD
Human Rights Alert (NGO)
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LINKS:
[1] 11-05-20 NEF (Notice of Electronic Filing) in the US Courts Electronic Filing System (CM/ECF)
http://www.scribd.com/doc/55862403/
[2] 11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
http://www.scribd.com/doc/46516034/
[3] 11-05-30 PRESS RELEASE: Judge Richard Leon, US District Court,DC � master of the �Leave toe to file denied�
http://www.scribd.com/doc/56612919/
[4] 11-05-08 Joseph Zernik,PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
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Judge Richard Leon, US District Court, DC - master of the 'Leave to File Denied'
See under:
http://www.scribd.com/doc/56612919/

11-06-01 Welcome Belgium! // Bienvenido Bélgica! // 欢迎比利时!

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11-06-01 Abolish the Death Penalty in California! // Abolición de la Pena de Muerte en California! // 在加利福尼亚州废除死刑!

Bill Ong Hing

California’s Unusually Cruel Punishment

Professor Bill Ong Hing, who served on the California Commission for the Fair Administration of Justice(CCFAJ), argued recently that California’s death penalty should be abolished because of its intractable problems:
The death penalty is too costly, the possibility is high that a person who has been wrongfully convicted will be put to death, capital punishment inordinately affects communities of color, the imposition of the death penalty varies greatly from county to county within the same state, a low income defendant faces a troubling disadvantage when charged with a capital offense, the death penalty forecloses any possibility of healing and redemption, and the death qualification juror requirement inherently and unjustly biases the process against the defendant.
READ THE FULL STORY: