The case originated in Fine's individual case, alleging conspiracy by California judges and others, as part of intimidation, harassment, and retaliation. The case also reflects conduct of a racketeering enterprise, the LA-JR (alleged Los Angeles Judiciary Racket), its patronizing by certain US judges in the US District Court, Central District of California, and the large-scale fraud in the design and operation of the electronic record systems of the US courts, PACER and CM/ECF.
Former US prosecutor Richard Fine
Dr Zernik has gained substantial experience in analyzing fraud in state and US court records in recent years. His opinions were repeatedly supported by highly reputed experts. [[iii]]
Richard I Fine v State Bar of California et al originated in Fine's complaint pursuant to Deprivation of Rights under the Color of Law (42 US §1983), alleging the circumstances, where California Judges illegally conspired against him at the behest of the State Bar officials, Los Angeles County government officials, and lawyers for the developers, who opposed him in the courtroom. [[iv]]
However, the affair as a whole should be deemed part of the intimidation, harassment, and retaliation against the former US prosecutor Richard Fine. Following his protest of the corruption of California judges, he was held in solitary confinement for 18 months, starting March 2009, with no warrant ever issued, and no judgment/conviction or sentencing ever entered in his case. Eventually, he was released with no valid court order, either. [[v]]
The complaint further alleged that the case reflects conduct of a racketeering enterprise, the LA-JR (alleged Los Angeles Judiciary Racket), which undermines the rights of all 10 millions, who reside in Los Angeles County, in particular, and residents of California, in general. Conduct of the Los Angeles courts in both the civil and criminal divisions was the core evidence, submitted by Dr Zernik to the United Nations, which the 2010 Human Rights Council report, which noted, "corruption of the courts and the legal profession and discrimination by law enforcement in California". [[vi],[vii]]
The complaint also provides further evidence of the large-scale fraud in the design and operation of the public access and case management systems of the US courts, PACER and CM/ECF, [[viii]] and patronizing of the LA-JR by certain US judges in the US District Court, Central District of California. [[ix],[x],[xi]]
A pattern of false and deliberately misleading court records is found in the case of Richard I Fine v State Bar of California et al (2:10-cv-00048):
- Clerk of the Court TERRY NAFISI refuses to certify any of the PACER dockets of the court;
- No valid summonses are found in the docket, in alleged violation of Duties of the Clerk pursuant to the Federal Rules of Civil Procedure;
- No Civil Cover Sheet is found in the docket, which is required for the opening of a civil docket;
- No valid Assignment Order for Judge JOHN WALTER is found in the docket;
- No valid Referral Order for Magistrate CARLA WOEHRLE is found in the docket;
- Numerous entries in the docket are by Ms DONNA THOMAS, who upon information and belief is not a Deputy Clerk, and Clerk of the Court TERRY NAFISI has denied numerous requests to confirm or deny DONNA THOMAS's authority as a Deputy Clerk;
- The Clerk of the Court routinely denies access to the electronic authentication records (NEFs - Notices of Electronic Filing), and in similar cases, where the same persons were accused, all NEFs were eventually discovered to be invalid;
- Attorney KEVIN MCCORMICK, who appears in this case on behalf of the Defendants, falsely appeared on behalf of related defendants in a related case, with no authority at all, and
- No declaration or any other record signed by any of the Defendants is found in the pleading filed on their behalf, consistent with conduct of simulated litigation, and appearance by an unauthorized attorney.
The case also reflects the fraud inherent in the design and operation of PACER and CM/ECF, the public access and case management systems of the US courts.
The complaint was copied to the US Congress Judiciary Committees and the Human Rights Council of the United Nations.
LINKS
[i] Simulated Litigation here refers to cases, where the evidence shows conduct defined in the Texas Criminal Code as follows:
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.
The practice is widespread in both the state and US courts at all levels.
[ii] 11-06-20 Impeachments Investigation of Judge John Walter, Magistrate Carla Woehrle, Clerk Terry Nafisi, and others in the US District Court, Central District of California, in re:Fine v State Bar (2:10-cv-00048) s
http://www.scribd.com/doc/58273437/
[iii] 11-05-08 Joseph Zernik,PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
[iv] Richard I Fine v State Bar of California et al (2:10-cv-00048) in the US District Court, Central District of California: See [ii], above.
[v] 11-04-23 Habeas Corpus in the United States - the case of Richard Isaac Fine
http://www.scribd.com/doc/24729084/
[vi] 11-01-07 Superior Court of Los Angeles County, California: Widespread Public Corruption and Refusal of US Department of Justice to Take Action
http://www.scribd.com/doc/46460640/
[vii] For review of the LA-JR see also United Nations Human Rights Council (HRC) submission of Human Rights Alert (NGO) as part of the 2010 UPR (Universal Periodic Review) of Human Rights in the United States:
1) Press Release:
http://www.scribd.com/doc/30200004/
2) Submission:
http://www.scribd.com/doc/30147583/
3) Appendix:
http://www.scribd.com/doc/30163613/
4) 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with reference to "corruption of the courts and the legal profession".
http://www.scribd.com/doc/38566837/
[viii] 11-06-02 DRAFT Request for US Attorney General Eric Holder's investigation of Integrity, or lack thereof, of electronic record systems of the US courts
http://www.scribd.com/doc/56893149/
[ix] Complaints/requests for impeachment: See [xiv], above.
[ix] See also review of alleged fraud and racketeering by Woehrle, Nafisi, Thomas, and others in conduct of simulated litigation of Zernik v Connor et al (08-cv-01550), where a group of judges of the Los Angeles Superior Court were alleged of conduct amounting to racketeering:
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/
[x] Complaints/requests for impeachment:
10-07-04 Fine v Sheriff of Los Angeles County (2:09-cv-01914) Complaint against Attorney Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice Ronald George - for public corruption, deprivation of civil rights under the color of law - Pertaining to Habeas Corpus Petition of 70 Year Old Former US Prosecutor Richard Fine.
http://www.scribd.com/doc/33879469/
10-07-12 Zernik v Connor et al (2:08-cv-01550) Complaint against US Magistrate Carla Woehrle and others at the US District Court, Central District of California � for Public Corruption and Deprivation of Rights:
http://www.scribd.com/doc/34194403/
10-12-07 Request for Investigation and if Appropriate - Impeachment Proceedings - against TERRY NAFISI - Clerk of the Court, US District Court, Central District of California s
http://www.scribd.com/doc/44818903/
10-12-04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, US Magistrate CARLA WOEHRLE - Request for Investigation, Impeachment Proceedings Where Appropriate s
http://www.scribd.com/doc/44669382/
[xi] See also review of alleged fraud and racketeering by Woehrle, Nafisi, Thomas, and others in conduct of simulated litigation of Zernik v Connor et al (08-cv-01550), where a group of judges of the Los Angeles Superior Court were alleged of conduct amounting to racketeering:
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/
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