Monday, February 16, 2009

2/12/209 CBSNews 2 Pa. Judges Admit Jailing Kids For Cash



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2/12/2009 CBSNews.com
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2 Pa. Judges Admit Jailing Kids For Cash
WILKES-BARRE, Pa., Feb. 12, 2009

(CBS/ AP) Two Pennsylvania judges charged with taking millions of dollars in kickbacks to send youth offenders to privately run detention centers pleaded guilty to fraud Thursday in one of the most stunning cases of judicial corruption on record.

Prosecutors allege Luzerne County Judges Mark Ciavarella and Michael Conahan took $2.6 million in payoffs to put juvenile offenders in lockups run by PA Child Care LLC and a sister company, possibly tainting the convictions of thousands of juvenile offenders.

The judges pleaded guilty in federal court in Scranton to honest services fraud and tax fraud. Their plea agreements call for sentences of more than seven years in prison. They were permitted to remain free pending sentencing.

The gray-haired jurists said little at Thursday's hearing, and declined to comment to reporters afterward.

Prosecutors described a scheme in which Conahan, the former president judge of Luzerne County, shut down the county-owned juvenile detention center in 2002 and signed an agreement with PA Child Care LLC to send youth offenders to its new facility outside Wilkes-Barre.

Ciavarella, who presided over juvenile court, sent youths to the detention center while he was taking payments, prosecutors said.

For years, youth advocacy groups complained that Ciavarella was ridiculously harsh and ran roughshod over youngsters' constitutional rights. Ciavarella sent a quarter of his juvenile defendants to detention centers from 2002 to 2006, compared with a statewide rate of one in 10.

Among the offenders were teenagers who were locked up for months for stealing loose change from cars, writing a prank note and possessing drug paraphernalia. Many had never been in trouble before, and some were imprisoned even after probation officers recommended against it. Many of the youths didn't have attorneys.

Ciavarella has specifically denied sending kids to jail for cash, and had indicated he would not go through with the guilty plea if the government offered that as evidence.

Thus prosecutors left out any mention Thursday of a quid pro quo, presenting only enough evidence to establish that crimes had occurred.

But Assistant U.S. Attorney Gordon Zubron said after the hearing that the government continues to allege a quid pro quo. "We're not negotiating that, no. We're not backing off," he said.

The prosecutor said it will be up to U.S. District Judge Edwin Kosik to settle the matter. Kosik could reject the proposed sentence as too light if he decides there was a quid pro quo.

"I think there will be significant disagreements as to what the facts are," Zubrod said. "Was there a connection between the payments and the money, and young people going to prison? Those are issues that are going to be addressed later by the court. There's going to be plenty of time to fight about that."

The judges were charged on Jan. 26 and removed from the bench by the Pennsylvania Supreme Court shortly afterward.

Fifteen-year-old Bernadine Wallace was sentenced to a month in lock-up for a threatening note she posted on her MySpace page, reports CBS News correspondent Seth Doane.

"I was thinking to myself, 'I don't deserve this. I don't think that I did that much wrong. I'm not a criminal'," she said.

"You saw the judges come out of court today. How were you feeling?" Doane asked Wallace's mother.

"Angry," Flo Wallace said. "How did they get to walk out with all these charges? When she went in front of them, she got out of shackles."

Kurt Kruger, now 22, pictured at left, had never been in trouble with the law until the day police accused him of acting as a lookout while his friend shoplifted less than $200 worth of DVDs from Wal-Mart. He said he didn't know his friend was going to steal anything.

Kruger pleaded guilty before Ciavarella and spent three days in a company-run juvenile detention center, plus four months at a youth wilderness camp run by a different operator.

"Never in a million years did I think that I would actually get sent away. I was completely destroyed," said Kruger, who later dropped out of school. He said he wants to get his record expunged, earn his high school equivalency diploma and go to college.

"I got a raw deal, and yeah, it's not fair," he said, "but now it's 100 times bigger than me."

© MMIX, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



Email to a whistle blower group













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Thanks for adding me to this list, and here is for you - a story to tell:

A. Petition to free the LA-FIPs
We just started a petition. Our mission is to free the LA-FIP's - the Los Angeles Falsely Imprisoned People:
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B. Who are the LA-FIPs? Are they truly extra-terrestrial?
No, they are humans, like you and me! Therefore, they are entitled to the rights that are enumerated in the Universal Declaration of Human Rights (1948), ratified by the United Nations General Assembly, which as incorporated into the International Covenants of Rights (1976), holds the force of International Law. The LA-FIPs designates only those prisoners in Los Angeles, who were proven innocent in the RAMPART scandal (1998-2000) investigations, but are still imprisoned today, 10 years later. The essence of that scandal was the discovery that police in an undercover narcotics unit in the RAMPART station were involved in the routine production of evidence through framing, and torture was also used to extract confessions that led to a large number of convictions in the criminal courts in Los Angeles and long-term prison sentences. As shown in the video, ethnic biases were also at play.

This is what some legal authoritative had to say about it in 2000:
  • “…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?” “…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny.” 
  • David W. Burcham, then Dean, today Provost, and Catherine L. Fisk, Loyola Law School, Los Angeles (2000)
  • “Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. This is conduct associated with the most repressive dictators and police states. “ “…and judges must share responsibility when innocent people are convicted.”
  • Erwin Chemerinsky, today Dean of Irvine Law School (2000)

C. Are you sure that they are still imprisoned? It sounds like a post-scandal scandal...
I rely on official reports of the LAPD:
According to the most recent official report, of the BLUE RIBBON REVIEW PANEL (2006) only a minute fraction of them were released. And there must be many others as well, since the official investigation was deliberately restricted only to the RAMPART station, in order to justify what was described to the public under the official title of "RAMPART-AREA CORRUPTION INCIDENT". The same report shows that the name itself is false and misleading: The conduct that was investigated was not a "CORRUPTION INCIDENT", but rather - common conduct over a long time period, and it was not RAMPART-AREA-specific either the evidence demonstrated that is was also found in others stations. Regardless, by LA-FIPs we are talking only about the ones that were confirmed innocent through the Rampart scandal investigations. After the major initial investigation, there were some 4-5 official review panels, and they all came to the same conclusion - that these people were and are innocent and should and must be freed.

But to this date, they are still imprisoned.

D. So why are they still in prison 10 years later?
At the end, more than 70 police were found involved, and in 2000 the four first indicted police were prosecuted by the LA District Attorney, and three of the four were convicted in a jury trial, and sentenced. However, a few weeks later, the trial judge, JACQUELINE A CONNOR, in a remarkable display of honesty, issued an unusual ruling from home, in the evening, on December 23, 2000:
  • "Evidence available to the court suggests that in fact the jurors were misdirected in the law, that the law was misapplied and that the misapplication resulted in the denial of a fair trial on the merits...
  • "The court does conclude that there was jury misconduct, though unintentional, misguided and inadvertent, in the consideration of improper facts.  While recognizing the enormous pressure on the community, on the police force, on the district  attorney’s office and on the courts to “fix” the Rampart scandal, this court is only interested in evaluating the fairness of the proceedings in this court and determining whether justice was done  in this case. This court cannot and should not consider the political ramifications of future lawsuits or  future prosecutions. The defense in this case has presented compelling arguments to support their  argument that the defendants did not receive a fair trial.  The court cannot simply look the other way and ignore the improprieties, innocent or not, intentional or unintentional, that served to deny a fair trial in this case.  
  • While the court cannot and will not presume to guess whether a correction of the errors would result in any different verdict, it most certainly concludes that the verdicts in this case cannot stand."
From the perspective of time, it appears that with that, any attempt to"fix" the Rampart scandal came to an end. The police never even completed its investigation report. The 2006 BLUE RIBBON REVIEW PANEL report describes in detail how police, judges and prosecutors prevent their release of the LA-FIPs. The official investigation operated, so it appears, with the underlying paradigm that the police were corrupt, but the judges were "duped". The BLUE RIBBON REPORT describes them as a united front today in resistance to freeing the LA-FIPs.

E. How many are they? Is it at all a significant issue with everything else that it going on today?
I was hesitating to use any number, because all numbers are estimates. The BLUE RIBBON REVIEW PANEL finds it remarkable finding in and of itself, that after several extensive reviews, including their own, there is no good data even regarding the scope of the problem. Initially I thought it was around 2,000, but eventually I used the figure of 10,000. People reacted as if I fell off the roof. Finally, I found a 2001 PBS broadcast that quoted two estimates: By prosecutors: 8,000, and by defense attorneys: 15,000. Elsewhere I found an estimate by other advocates: 30,000. Therefore, I find my estimate of 10,000, derived independently of these numbers, as falling on the conservative side.
No good figures are available for the Guantanamo detentions either, but my estimate is that they involved no more than 750 people, and much shorter period of time. Of note, they two take place at the same time, albeit one justified by various legal arguments. I am not familiar of any true legal arguments that were ever raised for the continued false imprisonments in Los Angeles. I was simply never "fixed". It is a disgrace of historic proportions.

The Blue Ribbon Review Panel is the latest I know of:
The beginning is review of the work of previous committees, it starts getting interesting around the middle.

F, Was nothing was done at all?

That would not be a correct statement. The same report documents remarkable efforts by police to address the causes of the scandal. The Rampart station itself was rebuilt from scratch in a new location. It has nice and clean design, well-trained staff, and it implements innovative management and leadership models. It is a show piece.
Additionally, a number of review panels were established and published reports. One distinction of the report of the 2006 BLUE RIBBON REVIEW PANEL is that they clearly stated that they considered all previous reviews failures, and their own as well. Instead they called for an external review.

G. Why does the petition ask only access to some papers? What difference does it make?
You should not ask for what they cannot give...
My analysis of the previous committee reports and also reports of the U.S. Judge Overseer (appointed in 2001 to supervise the LAPD relative to respect and observance of Civil Rights) is that their failure stemmed from the same problem that cripples the justice system in L.A. in general: The courts took the liberty around 1985, while introducing computers to the courts, of removing from public access the critical data bases that were known for generations as the BOOKS of COURT. They are also the critical guarantee for the integrity of any court.

The U.S. Supreme Court in its landmark decision Nixon v Warner Communications, Inc (1978), affirmed the public's right to access judicial records, to inspect and to copy. It determined that such right precedes even the U.S. Constitution, and established it as a Common Law Right. Furthermore, already that decision by the U.S. Supreme Court was not about paper at all, but about digital or electronic media - the Nixon Tapes. And yet, in the transition from paper to digital media around 1985, the L.A. Superior Court took the liberty of removing all such records from public access. And the judges themselves, under the California Oath of Office and the legal community in LA allowed it to continue unchecked for over a quarter century.

Releasing the LA-FIPs is a mandate that is complex in nature, and it would be difficult to enforce it in court and in practice, especially with the names and numbers unknown - since the books are inaccessible. In contrast, the demand to enforce Common Law Right of access to inspect and to copy is straight forward, each of the 10 millions who reside in LA County, in fact Every Person has standing to demand this right, and the U.S. government and its agencies are required to protect these rights, it is not optional. Finally - last summer-fall, my request for a Special Counsel to review the conduct of the L.A. Superior Court went all the way up the Director of the U.S. Department of Justice and the Assistant Director of the FBI. Their responses, addressed to Congress, I deem false and deliberately misleading. Therefore, the need to limit the request to the minimal that is clearly demonstrable. Another request, submitted to the U.S. Justice Department prior to the November 2008 elections, to restore the Voting Rights of the LA-FIPs went unanswereded.

Regardless of all the statements above, the restoration of the Common Law right of access, in and of itself will have an impact on life in Los Angeles that by far exceeds what most expect.

H. So how is it going to work?
Under the new President there is renewed hope. Nevertheless, first - it was best to stick to the very minimal, but enforceable and clearly demonstrable, short-term demand, and second - international support for such cause is essential. Furthermore, since the respective government agencies, both local, state, and federal, show entire disinterest in protecting rights and enforcing the law, it would be a critical error to leave in to them to finish the job. The petition asks them to do only the minimum which by international law they must do anyway.

Vocal support by international human rights organizations and individual is badly needed. Therefore, this petition does not rely in fact on U.S. Law at all. Instead, it relies on 1) the Universal Declaration of Human Rights and 2) the Common Law right to access judicial records, to inspect and to copy.

Once access to the books is allowed, I have no doubt that civil rights organizations and members of the public at large will be able to engage in habeas corpus writs that would lead to release of the LA-FIPs within a short time. Absent access to such books, it is impossible to effectively exercise the basic right of habeas corpus. The fact that such conditions were allowed to prevail in Los Angeles for over a quarter century is disturbing. In the absent of access to the Books of Court abuse of rights is not even detectable... it open the door to various abuses of medieval nature - the continued false imprisonment of a mass of anonymous civilians is definitely one of them...

I. What's the bottom line, take home message?
On the 60th anniversary of the Universal Declaration of Human Rights, which was championed by Leonore Roosevelt, this is a low point. Sign the petition, ask others to sign, and stay alert, NOTHING that was guaranteed can be taken for granted. The public must be actively involved in protecting its rights against any violation or abuse. The current situation perfectly demonstrates the issue: Once a right was lost, you have to fight to restore it, almost as if it were never granted in the first place... And the basic rights, the ones that appear as mere technicalities, once lost can cause enormous harm.

J. A Call for Action
Please visit the petition site and sign the petition, it's easy:
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  • RESTORE JUSTICE IN L.A
  • We call upon President Obama to free those who are falsely imprisoned in l.a. for over a decade in the aftermath of the Rampart scandal (98-2000).....the minimum is appointment of a  special counsel to restore public access to public records of the courts, where public access is denied for over a quarter century.
If you would lilke to do more - recruit your friends to sign, bring it to the attention of national and international human rights organizations, that would be greatly appreciated:
  • Southern California ACLU: Rripston@aclu-sc.org (Local ACLU support is required for national ACLU action)
  • Amnesty International, USA: admin-us@aiusa.org (as courtesy, projects determined in London)
  • Amnesty International London HQ: http://www.amnesty.org/en/contact (Mark in subject line: U.S. Research Group)
  • United Nations: http://www.un.org/comments.html (select comments to enter our text) 
You may also place in your web site for the next 2-3 months the Java gadget below that allows people to sign through your web site.

Tuesday, February 10, 2009

Restore Justice in L.A. - Petition is up and running...



The 2006 report of the BLUE RIBBON REVIEW PANEL, commissioned by the LAPD, chaired by civil rights activist Att Connie Rice.  It provides unique documentation of the ongoing incarceration in L.A. of those who were shown in the Rampart investigation (1998-2000) to be falsely convicted and falsely sentenced to long terms in prison.

The report lists as one of the major failures of its own work and the several panels in preceding years, the inability to even provide an estimate of the number of such LA-FIP (LA's Falsely Imprisoned People).  Elsewhere estimates were found that ranged from 8,000 (LA's DA office) to 15,000 and even 30,000.  By any standard, this is a disgrace of historic proportions.

According to the report, it is a combination of resistance by police, prosecutors and the court that prevents any progress in releasing these people.  The reason provided, according to the report, is that it would cause "collapse of the justice system".  A reason found elsewhere - "The total number of these people still falls under the 5% of total prisoners, which is estimated to the error level seen in many justice systems".

It took much more effort than anticipated, but the petition is up and running.  People of good will  everywhere are asked to review and add a signature:
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The petition calls for the appointment of a Special Counsel to restore the basic Common Law and First Amendment right for access to court records in LA.  That right is denied to all the 10 millions that the court claims to serve for some quarter century!

The origins of such rights are in the late middle ages, with emergence of the first Books of Court.  And such book evolved over the centuries to become the central instrument in the safeguard of the integrity of the courts.   The adamant refusal of the LA Superior Court to allow access to the data, speaks for itself...

Yet to be created is a reasonable excuse for an honest court to conceal its own books from the public.  But the LA Superior Court denies that access with no reason at all.  The response received from the court, in and of itself, regardless of its content,  is likely to be found in violation of the law, upon review by a competent court -

"Sustain is privileged - for the court only"

Such resopnse demonstrated in fact an unpublished Local Rule of Court, which are forbidden by law.  But in the LA Superior Court there are many, while the published Rules of Court are obsolete.

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WE THE UNDERSIGNED APPEAL TO PRESIDENT BARACK OBAMA AND HUMAN RIGHTS SUPPORTERS EVERYWHERE:

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We congratulate President Obama for his decision, and all those who joined in efforts to bring the detentions at Guantanamo Bay to an end. Now it is time to apply the same standards at home - in LA, where the number of the falsely imprisoned people is estimated at 10,000. Such figure includes only those whose cases were shown in Rampart investigations, a decade ago, to be based on framing or confessions extracted through torture, and are also likely to be racially biased, reflecting conduct typical of “repressive dictatorships”, and a disgrace of historic proportions.

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President Obama – if you allow it to stay – you will own it! 

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Large scale abuses of civil rights in LA were recognized already a decade ago, but the Overseer appointed in 2001, is ineffective. Countrywide, which led this country into the sub-prime debacle is based here as well, and Countrywide's much publicized investigation by the FBI must be deemed deliberately aimless, while the company is still far from compliance, while the waive of foreclosures is growing, leading to looting of homeowners everywhere. At the bottom of it all, is widespread corruption of the LA Superior Court, overlooked for decades, crippling government here.

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These problems can and must be effectively addressed at the federal level with a simple measure: A SPECIAL COUNSEL TO IMMEDIATELY RESTORE THE RIGHTS OF ACCESS TO PUBLIC COURT RECORDS.

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Abuse of such rights for the past quarter century by the LA courts is a disgrace on its own. Restoring the access will empower the public, disable wrongdoing at the courts, flag judges that need to be noticed, and allow civil rights organizations to end the false imprisonments through wholesale writs of Habeas Corpus. We also hope it will make the LA Overseer, crippled by denial of access to records, more effective as well. Finally – by eliminating the FBI’s inexplicable engagement in covering up court corruption we hope it will focus on performing its duties in restoring the integrity of financial institutions.

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Such problems have been ignored for decades - with disastrous effects. A SPECIAL COUNSEL TO RESTORE THE RIGHTS OF ACCESS TO PUBLIC COURT RECORDS IN LA IS LONG OVERDUE.

 


Saturday, January 31, 2009

With Countrywide and the Sub-Prime Crisis, everybody got to pitch in...


You got to pitch in...

It has been a year now, since the FBI initiated its investigation into the sub-prime crisis and potential criminal activity  that led to it.   Many believed that indictments of the leaders of COUNTRYWIDE, - ANGELO MOZILO and SANDOR SAMUELS were a matter of days. After all, it is the biggest heist in the history of mankind... and we ain't seen the end of it yet...  However, the FBI seems not to be able to get the grip of this.  It's a tough job.

I am a practicing orthodontist, and the victim of real estate fraud by Countrywide and others.  I found out about Countrywide only in December 2006, while they initiated the fraud against me in October 2004... My case did NOT  involve foreclosure, bankruptcy or default on any payment at all. In fact, I had no business with Countrywide whatsoever, and did not know the name until December 2006. It was greed in portion, equally blended with willful criminality.

Still, without any qualifications, without an army of investigators, within a month - by January 2007 I filed a complaint with the FBI that gave the outline of the sub-prime crisis, then yet to be discussed in the media.  But the FBI refused, is refusing, and will continue to refuse to  investigate.  They never claimed that what I provided was wrong.  But the cause of not investigating my case is compelling enough a reason, that Assistant Director of the FBI, KENNETH KAISER, and the Director of the Department of Justice, KENNETH MELSON, provided false and deliberately misleading (i.e. fraudulent) responses to inquiries from U.S. Congress, by the Honorable DIANE FEINSTEIN, Senator, and the Honorable DIANE WATSON, Congresswoman,   to explain their refusal to investigate.

In discussing the issues with FBI it became obvious that such investigation would not be even initiated, since it would expose the criminality of certain judges.  And tightly associated with such corruption are certain large and very large law firms.   

That is what in fact provides COUNTRYWIDE officers ANGELO MOZILO and SANDOR SAMUELS effective immunity...

In between I have worked with several fraud experts, and have opinion letters supporting my claims of fraud at countrywide leading directly to SANDOR SAMUELS - former Chief Legal Officer.  Since if ENRON was primarily about accounting, then COUNTRYWIDE is primarily about the practice of law.

One of the fraud experts I worked with is JAMES WEDICK, retired FBI agent, possibly the most decorated FBI agent alive. I provided him with a volume of 500 pages of selected papers, as background, and two two-page records for examination.  He came back with an opinion that FBI should immediately initiate an investigation. The subject was ATTORNEY DAVID PASTERNAK.  But even with that letter, the FBI would not investigate. Maybe PASTERNAK is not important enough... And as soon as that opinion letter became public knowledge, it became evident that Mr WEDICK came under pressure by FBI not to cooperate with me any longer.

Therefore, I would like to offer the following help to the U.S. Government and the FBI. to help curb the current financial crisis, and restore trust in our law enforcement agencies, justice system, and financial institutions - a tall order for a single guy:

IF AND ONLY IF THE FBI AND U.S. GOVERNMENT PERMIT, I WOULD SUBMIT TO FRAUD EXPERT, DECORATED VETERAN FBI AGENT JAMES WEDICK, A VOLUME OF 500 PAGES, TOGETHER WITH TWO COUNTRYWIDE RECORDS FOR FRAUD EXAMINATION.  I WILL PAY OUT OF MY OWN POCKET $5,000 FOR AN OPINION OF MR WEDICK ON ORGANIZED FRAUD IN COUNTRYWIDE LEGAL DIVISION HEADED BY ATT SANDOR SAMUELS.  MOREOVER, NO JUDGE, AND NONE OF THE LAW FIRMS WOULD BE MENTIONED BY NAME, AND MINIMAL IF ANY MENTION OF THE COURT WOULD BE MADE EITHER.  IT WOULD BE ENTIRELY BASED ON SUBPOENA PRODUCTION BY COUNTRYWIDE, PRIOR TO ANY LEGAL PROCEEDINGS.

I firmly believe that I have sufficient evidence for criminal indictment of DAVID PASTERNAK and SANDOR SAMUELS, on multiple counts of obstruction of justice and fraud, and possibly also for indictment of many others in COUNTRYWIDE, pursuant to 18 USC §1961-8 Racketeering Influenced and Corrupt Organization. 

I surely have sufficient evidence for indictments under 18 USC §1961-8 of others, who shall remain unnamed, as noticed above. However, this individual sent his recommendation to the OBAMA Presidency: The next director of the FBI must be the most qualified candidate, provided that he/she is NOT A JUDGE.  The effect on integrity of the judiciary in this country may be amazing.

One cannot conclude this without noting the connection between SANDOR SAMUELS - former Chief Legal Officer of Countrywide and DAVID PASTERNAK - attorney in private practice. Both served as Presidents of the HOUSE OF JUSTICE.  No joke... Both served as presidents of BET TZEDEK, the House of Justice, a well-recognized, possibly the most prominetnt JEWISH CHARITY in LOS ANGELES, providing free legal services.  When I first found out about SAMUELS' community service there, SANDOR SAMUELS was in the midst of a campaign against frauds in Southern California.  It looked like this:



Therefore, I left a note for him in the office of BET TZEDEK, asking to help in stopping the fraud by COUTNRYWIDE against me.  The effect was phenomenal.  Within a couple of days the whole web-site of BET TZEDEK was down.   And when it was up again a week or two later, there was no mention of SANDOR SAMUELS on it, or a campaign against fraud, instead, a campaign of retaliation against me started, still going on today.  The center of it - gag orders, to prevent me from speaking about such issues, and prevent me from effective action in court.  In recent months I have written a number of times to MITCHELL KAMIN who heads the HOUSE OF JUSTICE today, and to Att ALEJENDOR MAYORKAS, member of its Board of Directors (and former U.S. Attorney for the Central District of California, drafter of the Consent Decree) asking if the HOUSE OF JUSTICE has a dispute resolution or grievance procedures in it bylaws.  No response was ever received... 

I ask the JEWISH COMMUNITY to insist on resopnse from BET TZEDEK to the simple question - 

Is there any dispute resolution or grievance procedure in the bylaws of BET TZEDEK that I could use to bring up my grievance with that organization?

BET TZEDEK, the HOUSE OF JUSTICE  advertised a campaign against fraud, then allowed its President at that time to use my honest response and request for help as a reason for retaliation.

Joseph Zernik, DMD, PhD

Thursday, January 1, 2009

We are Proud to Announce the 2008 Pinokio Award...

                                                     

Att Jenna Moldawsky                                                           Pinokio                

RUNNERS-UP: 
1) Sandor Samuels -   former Countrywide Chief Legal Officer
2) Angelo Mozilo -   former Countrywide President/CEO/Chair
3) Judge Learned Hand - ( NOT Terry Friedman)


09-01-13. Att Jenna Moldawsky – Winner of the 2008 Pinokio Award*

As the year comes to a close, there is no doubt that Att Moldawsky deserves more than anybody else the 2008 Pinokio Award! Att Moldawsky won the award for her landmark paper:

“Non-Party Countrywide Home Loans, Inc’ Notice of Motion and Motion for Monetary Sanctions…”.**
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“In this artful pleading, Att Moldawsky masterly crafted all possible Pinokio effects:
– Att Moldawsky purportedly represents a corporate client, but she would not answer direct questions about its identity, neither has she filed any corporate disclosure in the past six months since BOA took over Countrywide, and since Sandor Samuels and Angelo Mozilo presumably ceased to be Countrywide employees. Att. Moldawsky also filed no paper showing she was authorized by BOA, and BOA denied she was authorized.

– Att Moldawsky purportedly represents a client whom she designates “Non-Party”. By what authority and on what legal foundation she came by this party designation? Obviously it is handy in failing to report the violations of the law per Sarbanes-Oxley Act of 2002 §307, but why did the Clerk of the Court accept such filing?

– Att. Moldawsky’s paper claims to be part of a case captioned Samaan v Zernik (SC087400), of the LA Superior Court. But the offices of Presiding Judge and Clerk of the Court refuse to certify such facts.

– Att Moldawsky adequately listed no judge as being assigned the to the case on the face page. And yet, in the first sentence she noticed it to “Department J”. What legal theory led Att Moldawsky in determination of venue and jurisdiction? Maybe the fact that Mr Terry Friedman is a friend of Mr Sandor Samuels...

– Att Moldawsky’s arguments are based on a purported July 23, 2007 Order by Judge Connor, but a valid order that was issued, served, noticed, and entered in a timely manner is yet to be produced…

– Att Moldawsky included in her motion a table of authorities. How did she determine that such case is adjudged by the Law of the State of California ?

– Att Moldawsky, again, produced evidence with no authentication, and insufficient pleadings – by counsel.  

The Pinokio Award committee congratulates you, Att Moldawsky, for such unique achievement so early in your career*** – as graduate of UCLA Law School, Class of 2006. Congratulations also to your mentors at Bryan Cave, LLP, Bank of America, and Countrywide. Mr Samuels’ inspiration surely shines between your lines - his precocious student of the art of streamlining, of which he is a master – second to none…

All the best!”

* Ms Moldawsky’s unprecedented achievement was also submitted to Boing Boing – a directory of wonderful things, http://boingboing.net/.

** http://inproperinla.com/09-01-13-moldawsky-notice-of-motion-sanctions-contempt.pdf

*** We shall continue to follow and report the career developments of this promising young attoney.

Thursday, December 25, 2008

"FBI will Pursue All Allegations of Judicial Corruption Vigorously..."

In New York

Former jurist, GOP lawyer targeted in federal shakedown investigation
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The Albany Times Union by BRENDAN J. LYONS, Senior writer - December 11, 2008

ALBANY-- A former state Supreme Court justice from Albany County was indicted Wednesday by a federal grand jury on attempted extortion and bribery charges in connection with a scandal that led to his removal from the bench two years ago. The felony indictment alleges that Thomas J. Spargo, 65, of East Berne, pressured an Ulster County attorney who had cases before him to give Spargo $10,000. The money, solicited in 2003, was intended to help defray Spargo's legal bills in connection with a state judicial panel's years-long effort to have him removed from the bench, records show. "The indictment further charges that Spargo solicited the money by causing the attorney to fear that Spargo would use his official acts and influence to harm the attorney if he was not paid and, conversely, to help the attorney if he was paid," states an FBI release announcing the indictment. The investigation of Spargo was first publicly disclosed by the Times Union in Wednesday's editions. The case is being handled by the Justice Department's Public Integrity Section in Washington, D.C., and the FBI's Albany division. "This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.

It's unclear why the case is being prosecuted by the Public Integrity Section of the U.S. Department of Justice rather than by federal prosecutors with New York's Northern District. E. Stewart Jones, Spargo's attorney, could not be reached for comment. Late Tuesday, Jones had declined to comment on the investigation.

Spargo, an expert in state election law, won an election for Berne town justice in the late 1999 and used the victory to buoy his successful bid for state Supreme Court in 2001. His victory in that election was buttressed by a cross-endorsement from the Republican and Democratic parties, which secured his name on both lines in the seven counties of the Third Judicial District. But Spargo's tenure on the bench almost immediately became clouded as the state judicial panel began examining a series of misconduct allegations. The panel determined Spargo should be removed for doling out coupons for gas and coffee and buying drinks for voters during his 1999 campaign. The panel determined this was an effort to "buy votes." Another charge sustained by the commission is that Spargo, while sitting as a town court justice, had presided in cases involving the Albany County District Attorney's Office without publicly disclosing that then-District Attorney Paul Clyne had been his client in an election law case, and still owed him $10,000. Still, "The commission's emphasis in removing Judge Spargo was on the money transactions, the attempt to get the lawyers to give him money," said Robert H. Tembeckjian, administrator and counsel for the Commission on Judical Conduct.

Spargo is scheduled to appear in U.S. District Court in Albany next week on the indictment. In May 2006, Spargo, an attorney in private practice, was removed from the bench following an approximately three-year investigation by the state Commission on Judicial Conduct. The Court of Appeals later affirmed the commission's determination that Spargo be removed. The commission's probe centered on Spargo's alleged shakedown of at least one attorney; by the fall of 2003, Spargo's legal bills to fight a removal action against him had mounted to more than $140,000, records show.
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In Los Angeles
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FBI Fails to Investigate for Almost Two Years Allegations and Abundant Evidence of Corruption Relative to the Conduct of Judges Jacqueline Connor, John Segal and Terry Friedman, in Relationship to Countrywide.
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FBI refuses for almost 2 years to investigate well documented judicial corruption.
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Allegations of corruption by Judge Jacqueline Connor were first reported to the Los Angeles FBI in March 2007. Later on further detailed information was provided, such as in records listed below. But even in mid 2008, Steven Goldman, Chief of the White Collar Crime Squadron explained his failure to investigate as follows: "If what you are saying is true, it is wide-spread public corruption, and well above my head."

After congressional inguiry by the Honorable Senator Diane Feinstein and the Honorable Congresswoman Diane Watson, Kenneh Kaiser, Assistant Director fo the FBI explained the failure to investigate the corruption of the LASC judges in failure to "demonstrate federal investigational jurisdiction". Kenneth Melson, Director of the U.S. Department of Justice, explained the failure of his department to take action, in concern about interference in FBI investigation.


Evidence for corruption of the court:

1) Grant Deed filed on behalf of the court by Att David Pasternak, former President of Bet Tzedek, "House of Justice" - certified as fraud.

http://inproperinla.com/07-12-17-opinion-letter-fraud-in-grant-deeds-s.pdf


2) A year and a half after judgment was purprotedly entered by Judge Connor in Samaan v Zernk, LA Superior Court Presiding Judge and its Clerk are refusing to either certify existance or certify non-existence of such judgment.

http://inproperinla.com/08-06-03-denial-of-access-book-of-judgment-jz-mccoy-letters-s.pdf


3) On July 24, 2007, Judge Connor entered a false and deliberately misleading notice of filing in the Register of Actions of Samaan v Zernik, back-dating it to the absurd date of 2004, prior to the filing of complaint in this case. With that - the position of this false notation was secured on the opening page of the records. That false notation listed Countrywide as "Real Parties in Interest".
In court, the judges to this very day are confused regarding Countrywide's party designation - "Defendant", "Plantiff", "Cross Defendant", "Intervenor", are all used interchangeably, at times two or more contradictory desigations in the same very document, all without any legal foundation at all. Counrywide itself chose to be designated "Non-Party". It is assumed that Cotunrywide, under Chief Legal Officer Sandor Samuels elected to use such fraudulent designation to cover up its participation in such sham court procedure, and avoid reporting requirements.
Then again, none of the judges in this case has ever held valid assignement order, and therefore, their actions were with no legal validity, and also with no immunity.
To resolve such complicated confusion, Defendant Zernik filed in Judge Friedman's court in early 2008 a proposal to designate Countrywide "Judge".
http://inproperinla.com/00-00-00-la-sup-ct-register-of-actions-s-v-z-aduleterations-on-page-one-sustain-s.pdf

4) The LA Superior Court maintains a fraudulent Case Management System, and its fraudulent use in Samaan v Zernik is documented in the following manuscript:

http://inproperinla.com/.0Heading-058-la-sup-ct-sustain-beyond-voting-machines-fraud-by-court-s.pdf

5) Half a year after take over of Countrywide by Bank of America, the court conveniently allows Att Moldawsky, who has so far failed to file the required corporate disclosure and any record validating her designation as an attorney by BOA to appear in court and file papers on behalf of that corporation.
Bank of America, in a show of intergrity and corporate responsibility - by phone denies that Att Moldawsky apears in its name, but refuses to issue any written notice of the identity of its counsel.
http://inproperinla.com/08-12-24-letter-to-persiding-n-clerk-s.pdf

6) Routine production of false and deliberately misleading trial court litigation records.
http://inproperinla.com/00-00-00-computers-&-the-courts-abstract-&-figures.pdf

7) Conduct of key proceedings off the record, off the calendar, including, but not limited to: Initial Case Conference, Trial Setting Conference, Disqualifications, Assignments.
Failure to ever issue an assignment order through a succession of judges, and even upon motion to such effect.
Failure to enter judgment, as required by law, while claiming to execute judgment.
http://inproperinla.com/.0Heading-075-judgments-copied-from-archives-s.pdf
http://inproperinla.com/08-06-03-denial-of-access-book-of-judgment-jz-mccoy-letters-s.pdf

8) Appointment of fraudulent “Receiver” with reference to no section of the code, no reference to judgment, and failure to enter such order as required by law.
http://inproperinla.com/08-06-24-exh-vol-v-receivership-%5B482p%5D%5Bs%5D.pdf

9) Fraudulent Grant Deed Filed by Att David Pasternak: See 1 above.

10) Separately, corruption of the LA SC could be documented also by the Blue Ribbon Review Panel 2006 report. The report describes the failure to release those falsely imprisoned in LA County as part of the Rampart scandal.

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