Friday, October 16, 2009

October 16, 2009 - We would ilke to have RICHARD FINE RELEASED BY MONDAY...



Richard Fine . . . . . .Twin Tower Jail, Los Angeles


Please call or fax Sheriff Lee Baca and ask him simply:

Please let Richard Fine go...

Sheriff Lee Baca
Tel: (323) 526-5000
Fax: (323) 267-6600

Please call/fax this weekend, and please ask some
friends to do the same.

_______________________________________

Dear friend:
I wonder if you had a chance to review the appeal I wrote to Sheriff LEE BACA. It was attached and
linked.

The set of documents in the fraud against Atty RICHARD FINE, as alleged by me, which keeps him
imprisoned, is simple... At the bottom line these are series of court records, each would look perfectly
valid to a naive reviewer, but in fact, each and every one of the them is fraud on its face. Most of them -
simply through mismatch of dates and signatures, or proof of service. For example, the judgment that
purportedly keeps RICHARD FINE in jail:
1) It is stamped March 4, 2009 "FILED" on its face, and it is signed March 24, 2009 on its final
page by Judge DAVID YAFFE. You cannot have a document filed in court before it was signed !!!
2) It came with no proof of service at all!
.
Based on such judgment record the man is jailed since March 4, 2009, in solitary confinement, and for
the first couple of months he was not allowed access to pen and paper, no visitors, etc.
I believe that Sheriff LEE BACA is an honest man. I hope that it comes across in my appeal. On the
other hand, I believe that he was deceived by Judge DAVID YAFFE, I don't make any secret about that
opinion.
However, the end result is that now I believe that Sheriff LEE BACA is holding Atty RICHARD FINE
without the required legal foundations. At the same time, I believe that Sheriff LEE BACA holds the key
to a solution in this case - by releasing RICHARD FINE on his own authority. The courts have messed
up this case so badly, and they have no way of getting themselves out of it anytime soon. Therefore -
the sooner that Sheriff BACA lets Atty FINE go, the better it would be for the Sheriff and for everybody
else.
On the down side - the Sheriff also runs a risk: A Judge like DAVID YAFFE has full immunity - no matter
how crooked he is and/or may be. That is not the case with the Sheriff, and if he holds FINE much longer, he runs
the risk of eventually being the scapegoat in some investigation committee of the type we have seen
around here, especially that he cannot claim ignorance anymore, I have verified that his office received
my appeal.
On the up side - if Sheriff BACA releases RICHARD FINE, on his own authority, the Sheriff would
become a hero... It would be a landmark in the history of this county. You should realize that the case of
RICHARD FINE is growing into some kind of urban myth...He is already mentioned in WIKIPEDIA and
multiple web sites made him into the battle cry - and the affair is not over yet... It would also establish lawenforcement- like police and sheriff, which typically got all the blame (e.g. - the Rampart) - as the anchor of some decency in the justice system in LA.
If you find time to review the appeal papers and find it true and correct. on the facts, please fax or phone
Sheriff Lee Baca. The appeal includes links to the relevant legal papers that were involved... and more...
Again, I am asking that you act only on your conviction, and only if you review the papers and see that I
am true and correct on the facts in the matter.
Thanks, and have a good weekend...
Joseph Zernik
Los Angeles County, California
We own the "C" in Corruption

Wednesday, October 14, 2009

09-10-14 Request for Input from Harvard/Stanford Law Professor


Dear Prof [ ]:

Thank you for acknowledging receipt of my message regarding Richard Fine yesterday. He has been
falsely jailed since March 4th, 2009. However the victims of the Rampart Scandal, estimated at more
than 10,000, have been falsely imprisoned for about 10 years after an official 200-investigators, 2-year
probe determined that they were falsely convicted and falsely sentenced by the judges of the LA
Superior Court.
Therefore, I would be interested in your input on theoretical questions ...

THEORETICAL QUESTIONS IN LAW

1) What is your opinion as a legal scholar of a Superior Court that for 25 years has been hiding the
DOCKETS (REGISTERS OF ACTIONS) of ALL files from the public, including parties during
litigations - BOTH CIVIL AND CRIMINAL... Does it comply with Public Trial rights? Does it
comply with Human Rights pursuant to the Universal Declaration of Human Rights, ratified
International Law?

2) What is your opinion as a legal scholar of a Superior Court that for the past 25 years has been
hiding its BOOK OF JUDGMENTS?

3) What is your opinion as a legal scholar of a Superior Court that for the past 25 years has been
hiding its CALENDAR OF THE COURTS?

4) What is your opinion as a legal scholar of a Superior Court that has implemented an
AUTOMATIC "WAIVER" OF SERVICE AND NOTICE?

5) What is your opinion as a legal scholar of a Superior Court that has kept FALSELY
IMPRISONED OVER 10,000 PEOPLE, ALMOST EXCLUSIVELY BLACK AND HISPANIC, A
FULL DECADE AFTER THEY WERE PROVEN TO BE INNOCENT?

6) As a theoretical hypothesis, if all the above statements were true relative to the largest Superior
Court in the U.S., serving some 10 million people, how would you GRADE THE HUMAN RIGHTS
RECORD OF THE U.S.A.?

7) `As a theoretical hypothetical question, if all the above ere true, how would you GRADE THE
JUSTICE SYSTEM IN THE U.S. today relative to other "First World Nations" or "Western
Democracies", or any other reference group that you may choose to define?

8) As a theoretical hypothetical question, if all the above ere true, how would you GRADE THE
JUSTICE SYSTEM IN THE U.S. today, relative to the prescriptions of the U.S. Constitution?

9) In the existing U.S. government system, which U.S. AGENCY HOLDS PRIMARY DUTY to
address such problems?

10) Do you believe that LAW FACULTY HOLD MORAL AND/OR ETHICAL OBLIGATIONS
to speak out under such circumstances?


MEDIEVAL COURTS - IN THE DIGITAL ERA

Tuesday, October 13, 2009

Richard Fine (CJ Inmate 1824367) Appeal to Los Angeles Sheriff Baca to review whether his arrest, booking, and jailing conformed with the fundamentals

FYI was faxed to Sheriff Baca today, receipt confirmed by his office.

Joe Zernik
________________________________________________________________
Joseph H Zernik, DMD, PhD
PO Box 526, La Verne, CA 91750; Fax: 801.998.0917; E-Mail: jz12345@earthlink.net
.
09-10-12 An appeal to Los Angeles County Sheriff Lee Baca to use his due authority
and properly address the legal, civil and human rights of an American, inmate
Richard Fine (1824367), and with it - mark a new beginning for the Los Angeles
County justice system
.
Sheriff Lee Baca
4700 Ramona Blvd
Monterey Park, CA 91754-2169
Tel: (323) 526-5000
Fax: (323) 267-6600
.
Timely response requested by Monday, October 19, 2009





Dear Sheriff Baca:
.
My name is
JOSEPH ZERNIK, and I am of the people of the United States, and of the people of
Los Angeles County, California. I am not a lawyer, not even by a long shot. Therefore,
please accept this letter as the writing of layperson, applying only commonsense... I recently
took the time to review the proceedings and the records related to the ongoing jailing of
RICHARD FINE, (CJ inmate #1824367). Here, I am appealing to you as a resident of Los
Angeles County, with inherent interest in integrity of the justice system, and also as one who
believes that he has evidence of inadvertent false jailing at the Sheriffs CJ facility.


Executive Summary:
This appeal is filed with the Los Angeles County Sheriff LEE BACA, to use his due authority and properly address the legal, civil and human rights of an American, inmate RICHARD FINE (1824367).
.
Reconstructed Chronology:
Prior to the March 4, 2009 proceeding a request was forwarded to the Sheriff Department to have the Warrant Detail present in the proceeding, with the understanding that the proceeding would end with the sentencing and jailing of Atty Fine for contempt. Indeed, Judge DAVID YAFFE pronounced such sentence in open court, as evidenced in court reporters transcript the first record of the proceeding. Through such oral directives, Judge Yaffe mislead the Sheriffs Warrant Detail to arrest Atty Fine at 11:05 am. However, Judge Yaffe then left them with no record as an adequate legal foundation for such action. Instead, Judge Yaffe proceeded to create a second, contradictory record in court file which did not reflect any sentencing or jailing at all. In fact the March 4, 2009 proceeding was entirely eliminated from the record! The consequent Sheriffs Warrant Detail record of booking in San Pedro at 12:32 pm was likely insufficient, and is the main subject of this appeal. By 4:31 pm, papers were received by the Sheriffs Department through an anonymous fax transmission from Judicial Services. Such papers reflected yet a third, again misleading record for the litigation, including invalid records: The March 4, 2009 Remand Order and the March 4, 2009 Judgment for contempt. On such background it was understandable why Sheriff Baca refused to respond to Atty Richard Fines habeas corpus petition. The LA Superior Court and Judge Yaffe eventually responded, through papers filed on May 1, 2009 by Atty KEVIN MCCORMICK. Such Response failed to include a declaration under penalty of perjury by Judge Yaffe the competent fact witness, it also failed to produce the quintessential litigation records the Register of Actions (docket), and any evidence of entry of judgment. It relied upon records from the Sheriff Department and the Court Reporters transcript records which absent, at variance, and/or contradictory of the records in court file. Key records were filed as evidence with no authentication. Finally, there is no reason to believe that Judge Yaffe ever saw such pleading before or after it was filed on his behalf in court. It is inconceivable for the court to engage in such litigation practices to affect false imprisonment of an individual. Request was therefore filed directly with Judge Yaffe, to confirm that such records were filed with his knowledge and on his behalf. However, it remained unanswered.
.
Cells at Twin Tower Jail

Pleading:
We pray Sheriff Lee Baca review the arrest, booking, and permanent housing assignment records, and if any is found inadvertently insufficient -take corrective actions and immediately release Atty Fine. With it, the Sheriff may mark a new beginning for the Los Angeles County justice system, with dignity of the legal, civil, and human rights of all.

___________________________________________
The full appeal can be viewed at http://inproperinla.com/09-10-13-appeal-to-sheriff-lee-baca-s.pdf or at blog with easy links to reference records. This appeal, like previous letters in the matter, was widely distributed to law school faculty, U.S. Congress, and international Human Rights organizations.
____________________________________________



I appeal to you because I believe that you have the duty and the authority to review the
procedures executed in arrest, booking, and jailing of Richard Fine, and also the authority to
take appropriate action as you may deem fit, following such review. Beyond that, I appeal to
you because I read your online statement and your biography, and I believe that you have a
clear vision of your position within the government system of Los Angeles County, and what
you stand for as a man. You advocated that vision in your welcome message on the Sheriffs
web page:
1
.
Finally, I appeal to you because you may be able to implement a solution for an intractable
situation, which I believe is a disgrace for our courts and our government.
.

Sunday, October 11, 2009

09-10-11 Request for Judge David Yaffe - Please confirm the validity of papers filed under your name, but withouth your signature....

The records indicate that the arrest, on March 4, 2009, and the jailing, ever since, were conducted with no legal foundation, and that Att Richard I Fine is in fact being held "off the record" and "off the count" of persons held at the Twin Tower Jail. For the whole period of his jailing, Att Richard Fine was never held in the jail facility itself, where a formal count is conducted 3 times a day... Instead, he has been kept in isolation, in what is reported to be part of the jail hospital.
Twin Tower Jail - facade
The jailing is widely seen as retribution against Att Richard Fine, who was vocal and central in the efforts to expose and advertise the fact that ALL ~450 judges of LA County Superior Court secretly took for over a decade payments of about $45,000 per judge, per year, that were ruled by court "not permitted" and which were called by media "bribes".

FBI and U.S. Dept of Justice continue in their refusal to investigate evidence of widespread corruption in LA County, directly tied to the financial crisis and the LA County based - Countrywide Financial Corporation. Large body of credible evidence is available in re: conduct amounting to what would be deemed by court Racketeering by SANDOR SAMUELS - former Chief Legal Counsel, Countrywide, today - Associate General Counsel - Bank of America Corporation. Such alleged racketeering was and is directly related to the LA Superior Court and its judges.

Date: Sun, 11 Oct 2009 21:41:15 -0700 To: [redacted]
From: joseph zernik
Subject: Fine v Sheriff Dept of Los Angeles County (2:09-cv-01914) - Request for confirmation of the validity and effect of papers filed on behalf of Judge David Yaffe and the LA Superior Court in Response/Answer to the petition.

The Honorable David Yaffe
Superior Court of California
For the County of Los Angeles
By email to: [redacted]
By email to: [redacted]
By fax to: [redacted]

Time is of the essence! Timely response requested no later than October 13, 2009, 5:00pm

Dear Judge Yaffe:
,
My name is Joseph Zernik, and I am of the people of the United States, and of the people of Los Angeles County, California. In past months I have made numerous requests to Clerk of the Court, John A Clarke, to inspect and to copy court records, which are public records by law, pursuant to Nixon v Warner Communications, Inc, (1978). Clerk John A Clarke refused to allow access to such records, without exception, and with no reason at all. Of particular relevance to this letter was the refusal to allow access to records pertaining to Marina v LA County (BS109420) and the jailing of Att Richard I Fine, since March 4, 2009, in the Twin Tower Jail.
.
Review of the records, overall, strongly suggests that the arrest and the jailing were conducted with no legal foundation, and that Att Richard I Fine is in fact being held "off the record" and "off the count" of persons jailed in the Twin Tower Jail.

.
Twin-Tower Jail - cell rowes
I was repeatedly denied access to the Registers of Actions in Sustain, to the Index of All Cases in Sustain, and to the Book of Judgments in Sustain (if any exists). Moreover, none of these records was filed by attorneys for the LA Superior Court and for Judge David Yaffe in their Response/Answer to Richard Fine's Habeas Corpus Petition at the U.S District Court, Los Angeles, Fine v Sheriff Dept of Los Angeles County (2:09-cv-01914) ("the Petition"). Furthermore, key records that were filed - originated not from the court file, but from elsewhere, were not certified by the clerk, and were not authenticated in any reasonable manner.


Twin Tower Jail - entrance
.
Therefore, under such unusual circumstances, I consider it only appropriate, for the furtherance of justice, that you would respond in person, directly, and clarify the matter. Surely you never intended to have a person jailed in violation of the law. Therefore, this notice also serves to ensure that you are reliably informed of such matter, and hoping that you initiate corrective actions as you deem fit:
.
1) Under the Petition you were listed as a party: ...Att Kevin McCormick was listed as your counsel:...
Please confirm that Att Kevin McCormick appeared in the Petition as your Counsel of Record and was authorized you to file papers in your name in court under the caption of the Petition.
.
2) On May 1, 2009, under the Petition, Att Kevin McCormick filed paper titled Answer, and/or Response (Dkt #15), copy of which can be viewed at the link below: ...
Please confirm that the May 1, 2009 Answer/Response (Dkt #15) was indeed filed with your authorization in your name.
...
6) With the Declaration (Dckt #16) Att McCormick filed records that pertained to litigation of Marina v LA County (BS109420), however, there is no evidence that such papers were ever part of court file, they were not certified by the clerk, and no Register of Actions was filed, which would have documented that such records were indeed part of the court file:
.
a) Exhibit A: March 4, 2009 Judgment and Order or Contempt in re: Richard I Fine (Dkt #16-2), copy of which can be viewed in the link below Please confirm that the record in (Dkt #16-2) - March 4, 2009 Judgment and Order of Contempt in re: Richard I Fine, was indeed a judgment that was served, noticed, and entered, in the manner that a judgment must be entered pursuant to the California law in order to make the judgment effectual.
.
Twin Tower jail - aerial view
b) Exhibit A: March 4, 2009 Remand Order (Dct #16-2), copy of which can be viewed in the link below. Please confirm that the record in (Dkt #16-2) - March 4, 2009 Remand Order, was indeed a Remand Order that was served, noticed, and entered, in the manner that a such order must be entered pursuant to the California law in order to make the order effectual.
.
c) Exhibit B: March 27, 2008 - Order Striking Notice of Disqualification (Dkt #16-3) Please confirm that the record in (Dkt #16-3) - March 27, 2008 Order Striking Notice of Disqualification, was indeed an Order that was served, noticed, and entered, in the manner that a such order must be entered pursuant to the California law in order to make the order effectual.
.
d) Exhibit D: March 4, 2009- Court Reporter's Transcript. Please confirm that the proceedings of March 4, 2009, recorded in teh Transcript, and judicial actions of that proceeding were indeed registered in the Register of Actions under the caption of Marina v LA County (BS109420), as an event that was completed, and as judicial actions, in a manner that would make them registered as a valid and effectual event and valid and effectual judicial actions in the Register of Actions in Sustain.
.
7) Please confirm that the Register of Actions of the caption of Marina v LA County (BS109420), is indeed a Register of Actions that records a valid and effectual caption that is a matter that is litigated under the Superior Court of California, and that you presided and preside in such caption as a duly assigned judge of the Superior Court of California for the County of Los Angeles.
.
8) Please confirm that the holding of Att Richard I Fine by the Los Angeles Sheriff Department conforms with the fundamentals of the law.
.
Time is of the essence! Timely response requested no later than October 13, 2009, 5:00pm

Respectfully,
Dated: October 11, 2009
La Verne, Los Angeles County, California

_____/S/ Joseph Zernik______
Joseph H Zernik
PO Box 526,
La Verne,California 91750
Fax: 801 998-0917
E-Mail: jz12345@earthlink.net

The full letter can be viewed at:

09-10-11 Response to SEC in re: Refusal to provide a log of complaints agains BAC and Countrywide.

WE own the :"C" in Corruption... WE invented the original regional blend: Financial-institution-fraud - court-corruption cocktail...


October 11, 2009
.
Leslie M. Garner, Attorney
Office of Investor Education and Advocacy
U.S. Securities and Exchange Commission
.
RE: BANK OF AMERICA CORPORATION - Request for guidance from Federal Agencies in re:
Alleged financial institutions fraud, in view of the Fraud Enforcement and Recovery Act of
2009.
.
Att Garner:
.
I am writing to you as a shareholder in BAC, and also the victim of ongoing criminalities by BAC, which
upon review should be deemed as racketeering pursuant to RICO 18 USC 1961-8, and are
coordinated by SANDOR SAMUELS, former CHIEF LEGAL COUNSEL, COUNTRYWIDE, today -
ASSOCIATE GENERAL COUNSEL, BAC.
.
I find your response unsatisfactory, and less than honest. yet typical of the conduct of SEC and other
U.S agencies in re: COUNTRYWIDE, BANK OF AMERICA CORPORATION, and the current crisis. It
appears as a concerted effort to ensure that U.S. Congress and the American People would never
know the true origins of the current crisis. Moreover, it appears as setting the stage for yet another
crisis - at BAC, with the 10% limit on deposits removed, which may be disastrous.
.
a) SEC HOLDS JURISDICTION OVER BAC - HOWEVER, EVIDENCE INDICATES FALSE
PRETENSE OF ENFORCEMENT
Your responses are evidence of SEC refusal to engage in enforcement against BAC. To the best of
my knowledge SEC does hold jurisdiction over BAC and COUNTRYWIDE. To whit - the recent
litigation of SEC v BAC (1:09-cv-06829) at the U.S. District Court in NYC. In fact, I consider that
litigation a show-trial, in an effort to create the false appearances of enforcement by SEC over BAC.
With that - it also provided evidence of alleged deceptive practices by SEC. SEC never even served
the summons during the whole litigation period. The Summons was not docketed, and attorneys for
SEC refused my repeated requests to provide a copy of such key litigation record, which by law
(FRCP) was a public record and had to appear on the docket.
.
b) SEC IS ALLEGED TO MAKE FALSE CLAIMS REGARDING "DATABASE OF COMPLAINTS"
I find your response below unsatisfactory, and less than honest. You started this exchange with a
statement:
We welcome hearing from you because we keep a database of information
about the complaints and inquiries we receive. This database allows us to
track whether a troubling situation may be developing about a particular issue,
company, broker, stock, or other securities product. The information you have
provided will be reflected in our database.
...

d) REPEAT REQUEST FOR THE LOG OF MY COMPLAINTS TO SEC REGARDING
COUNTRYWIDE AND BAC
I therefore asked you for the log of my complaints, in order to save me the need to file FOIA for the log
of my complaints to SEC in re: COUNTRYWIDE and BANK OF AMERICA CORPORATION. I again
repeat my request that you provide a log of my complaints to SEC regarding COUNTRYWIDE and
BAC.
.
Copies are forwarded to:
1) U.S. Congress and the office of Senator Patrick Leahy, Vermont, Sponsor of the FRAUD
ENFORCEMENT AND RECOVERY ACT (2009).
2) Basel Committee of International Banking Accords
3) Washington Embassy of the People's Republic of China - holders of reserves exceeding $2 trillion,
denominated in U.S. dollars.
.
Joseph Zernik
LOS ANGELES COUNTY, CALIFORNIA
.
LOS ANGELES COUNTY, CALIFORNIA
WE own the :"C" in Corruption...
WE are the certified "epicenter of the epidemic of real estate and mortgage fraud..."
WE invented the original regional blend: Financial-institution-fraud - court-corruption
cocktail...


The complete letter can be viewed at:

Saturday, October 10, 2009

09-10-09 Upon a second look, I realized that Bobby Harmon was most likely seriously abused...


It's deja vu all over again... but this time coming from the U.S. Court of Appeals, 9th Circuit...

At 12:48 PM 10/9/2009, Bobby Harmon wrote:
Bobby Harmon

Hi Mr Harmon:
.
It me again - the non-lawyer with interest in criminality in operation of large systems in government
and public corporations.
I notice that the case is closed, and since you listed as cc: some from USDOJ, OIG, I hope that you do
not mind that I made this note in public.
.
I often find that PACER & CM/ECF are employed in an abusive manner against pro se litigants, and
even more so against prisoners and habeas corpus petitioners. I must say that there is something
sleazy about it (and sorry for the non-legal terminology).
.
1) Were these people, who are at the bottom of the pecking order indeed such a danger to the justice
system that there was a need to devise new dishonest methods to beat them down?
.
2) Looking at Mr Harmon's docket, all records earlier than Dkt #27 were removed from public view. I
am yet to see a U.S. District Court that set up Rules of Court on this issue. There was never
permission to clerks to remove records for no reason from the paper Civil Docket. So where did
judges and clerks get this notion that they are at liberty to eliminate anything they li
ke to, anytime they
like to, from the PACER docket?
.
Whenever I see a docket of this kind it appears as a large red sign - someone was dishonest here....
.
3) The first record that appears in the docket is DKt #27, A USCA 9th Judgment:
.
a) I consider the docketing of this record by the clerk EMT as offensive, possibly conduct of criminal
nature for a clerk - to docket an invalid judgment.
.
Where did the courts get the notion that they were allowed to docket judgments that were not signed,
that had no name of a judge appear on them, and no authentication either?
.
Mr Harmon:
.
I am no attorney, but I do have substantial experience in reviewing methods that the courts deceive
litigants in electronic filing and docketing/ If what I wrote above, sounded to you like Greek, than
probably they did a job on you all the way. If you are interes
ted, please email to me, and I would
analyze the docket integrity line by line. You may be able to make good use of it - seek relief from
judgments and orders that were procured through fraud.....
.
I would like to emphasize again, that even now, that I have looked at the
docket and the judgment, I
have no clue regarding the legal issues,.. I am not a lawyer... but I can see a dishonest docket, and
since I am NOT a lawyer, I have no problem saying so.
.
Joseph Zernik.
.
P.S. I am also disturbed by the USCA 9th: Honorable Alex Kozinski. He is advertised as a brilliant
jurist, and the champion of Civil Rights. How could such paper come out of that court? It is abusive
of civil rights in and of itself....

Dkt#27 - the judgment from U.S. Court of Appeals, 9th Circuit, can be viewed:

















09-10-09 A quick note to Bobby Harmon regarding his litigation in Hawaii

Date: Fri, 09 Oct 2009 13:32:09 -0700
To: Bobby Harmon ,
From: joseph zernik

Subject: Re: Fwd: CV05-00030 - U.S. DEPT OF LABOR vs HARMON - WITNESS: SIBEL
EDMONDS

Hi Mr Harmon:

My standard disclaimer: I am not an attorney, not even by a long shot. What I write must not be
deemed legal analysis.
.
My main interest is in exploring the various new abusive methods implemented in PACER & CM/ECF.
In that respect some district court appear to manipulate cases through case number designations.
.
I wondered if you noticed that your case was related by number to a group of cases:

  • Select a case:
  • 1:05-cr-00030-SOM USA v. Diaz (closed)
  • 1:05-cr-00030-SOM-1 Sherwin R. Diaz (closed)
  • 1:05-cr-00030-SOM-2 Roy T. Tacata (closed)
  • 1:05-cv-00030-DAE-KSC David C. Farmer, Successor Trustee v. Bobby N. Harmon (closed)
  • 1:05-mc-00030-HG-KSC United State of Amer v. Clapper, et al (closed)

Are any of these cases related to your case in any way shape or form?

My observation was that civil cases that were associated in this manner with criminal cases had higher
odds of being abused.


Joe Zernik


At 12:48 PM 10/9/2009, Bobby Harmon wrote:

---------- Forwarded message ----------
From: Bobby Harmon
Date: Fri, Oct 9, 2009 at 2:44 PM
Subject: CV05-00030 - U.S. DEPT OF LABOR vs HARMON -
WITNESS: SIBEL EDMONDS
To: President Barack Obama , "U.S.
Attorney General Eric Holder" , David
Farmer , Steven Guttman
, "Carol K. Muranaka"

Friday, October 9, 2009

Intent in disclosure of records and events:


L.A. Confidential



Why am I taking the time to spell it all out online? Because when law-enforcement agencies without exception abdicate their duties, the entertainment industry assumes the role of the supreme court...

1) Solicit producers, agents, writers, hoping that the story as a whole will be filmed, covered by TV, or published... our salvation is in the movies...

2) Solicit help from law enforcement - I am trying to find an law-enforcement agency that would accept citizen's complaint regarding various alleged criminalities in the justice system in Los Angeles County, California. No LOCAL, STATE or FEDERAL agency that I know of agrees to take any complaints, therefore, allowing alleged judicial criminality to thrive in Southern California.

3) Establish public records outside of my files - and thereby reduce my security risks.

4) Establish the public record straight regarding certain litigations of public policy interest. No matter what the spectacle produced in court would claim, the public would be able to judge for itself...

5) Provide evidence regarding the state of the justice system in Los Angeles today. Mainstream media do not cover certain subjects by corporate policy, and there is a need to fill in the gaps...

6) End false imprisonments in Los Angeles - to support and promote the release of RICHARD FINE, and the RAMPART FIPs, the public, media, congress, need to be educated...

7) Provide additional foundation for claims that the current financial crisis is in fact a Financial /Judicial Crisis - or in other words-Integrity Crisis. The claims were made by others before, and I believe that there were also hearings in Congress on the issue of the courts being the engine driving the financial crisis.

8) Provide essential up-to-date evidence for any observers inside or outside the U.S. who try to assess the success of any efforts claimed by the U.S. Government to reassert the rule of law, which is the prerequisite for an effective regulatory system of financial institutions.

9) Make the public aware of the tremedous impact that computer systems such as PACER & CM/ECF have generated on conditions at the courts, and that certain giant changes were implemented allegedly - with no authority at all.
Description:A shooting at an all night diner is investigated by three LA policemen in their own unique ways.

Beverly Hills Police Dept, La Verne Police Dept, Cal AG, SEC, FBI, U.S. Judge Richard Leon, 9th Justicee Alex Kozinski, and the Culture of Deceit

We are still on the letter "C" for Corruption, but below, what appears to be a stream of consciousness is in fact a disciplined attempt to move to "D" for Deception... As in FBI deceiving U.S. Congress and the people of the U.S.... As in judges deceiving from the bench... Financial institutions and their attorneys engaging in deception in court... The culture of deception...
_____________________________________________________________________________
Disclaimer #1: I am not an attorney, not even by a long shot, and therefore, what I write must not be readas legal analysis
Disclaimer #2: The older I get the more I realize how clueless I am.
_____________________________________________________________________________

[]

The FBI stated numerous times its official policy regarding judicial corruption: They are definitely against it... Most of the times...
It all depends... Sometimes they actually protect and defend it... and nurture it... Below is a statement released in conjunction with the indictment of a former New York State Supreme Court Justice, in December 2008:
.
. 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.
..
. 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.
. . . . .. . . . .December 11, 2008, BRENDAN J. LYONS, TimesUnion.com

In February, 2009, FBI indicted 2 Pennsylvania Judges for false imprisonment of juveniles. We had it on a much larger scale in Los Angeles, California as well. It was called the Rampart -scandal (1998-2000). But here, not a single judge was indicted... It was claimed that the police were corrupt, and the judges were "duped". In fact, hardly any of the victims were freed, even after a 2-year, 200 investigator probe, that determined that practices that resulted in false convictions and false sentencing were commonplace. The number of the victims was estimated between 8,000 on the low side and 30,000 on the high side. My reading was that the total released today, was fewer than 200.
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But how do you know that there were any juveniles invovled? I can't see it written anywhere?
Well, that's really a good question. Because all involved simply forgot to write a report at the end of that massive investigation. And I would agree that the issue of juveniles was hardly even mentioned. However, it was a surprise to me as well, when I realized that the Consent Decree of 2001, which governed the LAPD until a couple of months ago, was in fact founded only on the abuse of juveniles and applicable only to juveniles. You could never get it from reading the reports, but the section of the code that was the basis for the whole agreement was only the section for abuse of rights of minors, not of adults!

But I still can't see how you got to the conclusion that the FBI and US DOJ, or anybody else defended and protected widespread corruption of judges in LA?
Well that direct conclusion was based on what happened a year ago. I tried for a while to gain protection from various law enforcement agencies. Because I knew that a group of judges, in collusion with a convicted felon who was also a "Loan Originator: for Countrywide, and people at Countrywide, were in the middle of running a major fraud scheme on me. It was not only the FBI... Let's start close to home...
.
Beverly Hills Police... Tel: 310 550 4951. Detective Steve Seeger, Chief David Snowdon.
They would not accept a citizen's incident report from me during the whole of 2007. They claimed it was a "Business Dispute". I had documented and provided evidence of numrous types of forgery and adulterations of records, wire/fax fraud, forged prequalification letter, where NIVIE SAMAAN forged the loan broker signature...
So the Detective at Beverly Hills police said- And what if a guy writes a check in the garage from his wife's checkbook and signs in her name?
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Well, the broker was not her husband, and the forgery was meant to harm.
Later they refused to take an incident report claiming that my harm was not yet materialized... So basically, for a full year of 2007 I was a sitting duck, and no Local, State, or Federal agency would provide protection...
.
And then, in 2008, after the harm was materialized, and I had expert opinion letter that Att DAVID PASTERNAK engaged in real estate fraud...Beverly Hill Police, would still not accept an incident report...
Why? The response was by Lt STEVE SEEGER - Head of the Detective Unit, but it was on behalf of DAVID SNOWDON, the Chief of Police. The only reason they stated then was : We have not changed our position from last year....
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I then appeared about a year ago before City Council, and asked that they direct the police to provide equal protection... I have the video.. I am not a movie star, for sure.. It took a couple of months, and finally the counsel for the city wrote some letter that gave no reason at all.
.
About 2 weeks ago, I communicated with Lt STEVE SEEGER again:
What is the state of the matter? Finally Lt Steve Seeger, from the Detective Unit wrote: "The case is closed"
I was surprised, because I never knew that it was opened, so never knew it could be closed.
And why? Well he wrote that he did not have the time to repeat it all... but no crime took place in Beverly Hills... I made a fatal error in jurisdiction... The crimes took place in Santa Monica...
- Well, the property is in Beverly Hills, Att DAVID PASTERNAK engaged in forced entry and false possession in Beverly Hills, NIVIE SAMAAN, DAVID PASSTERNAK and MARA ESCROW engaged in transactions in Beverly Hills...
NO - it all happened in Santa Monica...
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Jerry Brown... 916 324 5437; The California Attorney General, and his right hand Tom Green:
At the end they had hundreds of pages of evidence. So they told me that Jerry Brown appointed his political right hand.. Att TOM GREEN to review the matter... and he even interviewed me by phone, for maybe an hour... And in the middle of it, it was clear to me that he was friendly with some of the judges that I claimed were racketeering. So I demanded that he provide a statement on the record of conflicts of intrest, if any, or else - that he recuse himself. He never made a sstatment on the record, and he refused to recuse himself, and he wrote a report that the whole thing was jsut a private matter, and that Jerry Brown should not get invovled in anything like that... He must still be his right hand...in the election campaign for governor..




So why is it the FBI and U.S. Dept of Justice
For a long time I was reading and searching for the answer for the evident disparity in enforcement between Los Angeles and most other parts of the country. In Los Angeles, where the evidence for widespread corruption of the judiciary is abundant, there was no evidence of enforcement in reports of the Public Integrity Section of U.S. Dept of Justice in the past 25 years!


[]

In July-September 2008, the Honorable Diane Watson - Congresswoman, and the Honorable Dianne Feinstein - Senator, issued Congressional Inquiries on FBI and U.S. Dept of Justice - Why they would not respond at all to complaints by Dr Joseph Zernik.

. . . . . . . . . . .
. . . . . . . Hon Dianne Feinstein . . Hon Diane Watson

The responses were provided by two senior U.S. officers, and these responses should be ruled upon review by a competent court as fraud by FBI and U.S. Dept of Justice on U.S. Congress. There is no way to explain the writing of KENNETH KAISER - Assistant Director of FBI, and KENNETH MELSON - Director of U.S. Department of Justice, other than patronizing the alleged organized corruption of the judiciary in Los Angeles County.
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How can I make such scandalous statements?
I don't think they are scandalous, I believe that any reasonable person who would be reasonably informed,would reach the same conclusions.
.
Do I believe that they violated their oath of office of loyalty to the U.S. Constitution?
I think it is a no-brainer.
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Wait a minute - they must then be hold-over from the previous administration... How come they have not been replaced yet?
Well - that is a good question, and I have to speculate here - I would say that although we have a new president and a new Attorney General, the Obama Administration has so far failed to gain control of the Dept of Justice and FBI. They may have had a success at CIA, through the brilliant appointment of Leon Panetta, but they have to find his twin for FBI and U.S. Dept of Justice.


. . . . . . . , [] . . . . . []
. . . KENNETH KAISER . . . . . . . KENNETH MELSON US DOJ
. . . . FBI. . . . . . . . . US DEPARTMENT OF JUSTICE
. . Assistant Director, Director . . . `. . Director
. . . . Criminal Investigations
Fraud on U.S. Congress, and patronizing of alleged racketeering.

To test such heavy duty allegations, I indeed filed, on May 1, 2009 a complaint at the U.S. Court in Washington DC. In Zernik v Melson et al (1:2009cv00805 ) the causes of action included "to compel U.S. Officer to Perform His Duties", "False Claims Act", and "Civil RICO". The two senior U.S. Officers, above, were named Defendants. Other Defendant included also SEC and Samuel Bezek - for failure to enforce the law on Countrywide and Bank of America Corporation. During most of the period covered in the complaint, Linda Thompson was Head of Enforcement. more recently it was Robert Khuzami. I did not think that the change of person would chance the policy.
.
1) SEC was named Defendant - for refusing to enforce the law at Countrywide and BAC.

February 2009: Discussion of SEC Enforcement with Prof Joseph Grundfest, former Commissioner OF sec
In February 2009 I discussed it with Prof Joseph Grundfest from Stanford Law School, former Commissioner of the SEC. He looked at some of my papers, and told me that he forwarded them directly to Linda Thompson. However, he gave me the disclaimer - that he had no authority with SEC at this time. I told him that my analysis of the situation was that BAC was offered and accepted as part of the merger with CFC the status of "Indemnity for Future Criminalities:". He dismissed it on the grounds that it would be outright illegal. However,the months that passed proved my claim a good fit with reality.
.
Last December when BAC was involved in open court in Securities Fraud litigation, some financial commentators were shocked, that BAC allowed itself to get to such situation. Today, I lost the count of Securities Fraud that BAC is involved in... Nobody would take such risks unless they have assurances of "Indemnity for Future Criminalities"
.
I never challenged the scholarship of Prof Grundfest, but the illegality of such future indemnities, never prevented their use - at least not in the circles that I end up having to watch...
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1) In February 2009, the California legislature passed a bill Bx2-11 that was illegal on its face on several counts, among them: it provided ex post facto pardons to all LA Superior Court judges, for alleged criminality in their past conduct - in taking payments that were ruled "not permitted". It also offered them "indemnity for future criminality" - by continuing to take payments that were "not permitted".
.
2) On December 7, 2008, I was present in court, against my will, when Att DAVID PASTERNAK asked, and purportedly received from Judge Patricia Collins court approval for an Indemnity Agreement for Future Criminalities for MARA ESCROW, a subsidiary of the giant corporation OLD REPUBLIC TITLE INSURANCE. The title was explicitly - Indemnity Agreement, and it was set to cover future conduct by the escrow company. DAVID PASTERNAK was seeking their collusion in real-estate fraud, but the senior escrow officer, LIZ COHEN, refused to cooperate with him, after I discussed the matter with her. And MARA ESCROW was represented in this court appearance which was illegal on almost each item brought by Att PASTERNAK for court approval. The GRANT DEED - was later opined by decorated FBI veteran JAMES WEDICK as fraud, and the two gag orders, were obviously illegal, I simply ignored them.
.
Most people in their right mind, and even attorneys, or legal scholars, or Law Professors would think that it would be illegal for Judge PATRICIA COLLINS to pronounce from the bench that she approved such Indemnity Agreement, and then on top of it to sign and date a written paper order to the same effect. Some people would even be misguided to call it criminality of the judiciary, or corruption of the courts. But in fact - it was none of it:

- I can guarantee that if the matter would be reviewed by the California Court of Appeals, 2nd District - pursuant to California Law - prohibition on future indemnities for criminalities- it would be found just fine.

- If the issue would be pursued, for example, at the U.S. District Court, LA - as "deprivation of civil rights under color of law" there would be some wimps who would recuse - but eventually it would fall in the lap of Magistrate CARLA WOEHRLE - and Judge PATRICIA COLLINS would do just fine...

- Moreover, if we still felt that it absolutely wrong, and went further - to the U.S. Court of Appeals, 9th Circuit, and our luck was that a brilliant jurist, by all accounts - ALEX KOZINSKI - was on the review panel for the petition - I can guarantee that he would rule it was the right thing for Judge PATRICIA COLLINS to do.

How could I engage in such speculations?

Well it was not so much speculation as much as educated guess. Because in fact FALSELY IMPRISONED ATT RICHARD FINE tested all of the options above, in a case that was much worse than approving false Indemnity Agreement.

Did ALEX KOZINSKI really review and approve the false imprisonment of Att RICHARD FINE?
Yes he did! Well... not really...
It's not that he wrote that Judge DAVID YAFFE was your poster=boy of honesty and decorum. He wrote that the case did not amount to such that would require the application of the extreme measure, which was intervention by the writ of mandate...

Is that really what ALEX KOZINSKI, the brilliant jurist, the civil rights champion, really write about the false imprisonment of Att RICHARD FINE, now going past half a year?
Yes he did! Well... not really....

. See full size image
.Robert Khuzami, Head
. . . . . . . . . . . . . . . . . SEC Enforcement

2) Bryan Cave, LLP - a major law firm was and is allegedly engaged in racketeering- to this date
Other Defendants, who were most directly perpetrating the alleged racketeering were from the giant international law firm of BRYAN CAVE, LLP, such as DON LENTS - Chair of the firm, and PETER VAN CLEVE - St Louis Office Manger.

See full size image ` See full size image See full size image
[] DON LENTS, CHAIR [] []
JENNA MOLDAWSKY . . . . . . JEFFREY MODISETT .JOHN AMBERG

The ones who actually perpetrated the alleged racketeering were attorneys from the Los Angeles office of Bryan Cave, LLP, JOHN AMBERG and JENNA MOLDAWSKY. JOHN AMBERG was the former Chair, LA County Bar Professional Responsibility and Ethics Committee and JENNA MOLDAWSKY engaged in the alleged racketeering almost fresh from law school at UCLA... I can certify, based on my own personal knowledge, that the expertise did not originate with either of these two.

So where did the expertise come from?

The office manager was JEFF MODISETT, former Indiana Attorney General, who was considered an expert on white collar crime defense. I do not doubt the expertise! I found from him the following quote:
  • "Financial crimes often seem to languish for a host of reasons, said Jeff Modisett, a former Indiana attorney general who specializes in white collar defense and investigations for St. Louis-based law firm Bryan Cave LLP. The evidence often doesn't immediately rise to the surface, as with violent crimes. Instead, lengthy, detailed investigations are usually needed, and those can be delayed by jurisdiction dispute, manpower shortages or other Modisett said. "Unless you have a squeaky wheel, it's not unusual for these types of crimes to take a long period to be fully investigated," he said.
In fact, BRYAN CAVE, LLP were retained in June 2007 to engage in obstruction/perversion/collusion of justice, and they have been active at it to this very date. However, in fact, I don't think the source of the expertise was Jeff Modisett at all, either. I believe that anybody who reviews the whole matter would conclude that it was SANDOR SAMUELS, former Chief Legal Officer of Countrywide, and today Associate Counsel at Bank of America Corporation. What they were and are doing is basically standard procedures of Countrywide across the U.S. In my opinion SANDOR SAMUELS is the central organized crime figure in the whole group from Countrywide, and the fact that he was allowed to move to BAC is in my analysis directly tied to the fact that BAC was vested with the Indemnity for Future Criminalities, and that now they did not hesitate to get into numerous securities fraud situations.
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The report from Texas showed the Countrywide typically used large, national law-firms for these jobs. If there was any expertise on the side of BRYAN CAVE, LLP, and JEFF MODISETT, I would say, it was in risk assessment. However, I assume that for anybody who practiced law in LA County for sometime, it was clear what the rules of the game are. The only attorney whom I retained who was not trained, got set straight within a week by Judge JACQUELINE CONNOR in a 10-15 minutes appearance. He came out of it transformed... clearly deeply scared. I later read her profile in the LA Times, written in relationship to her presiding in the First Rampart Trial. When you read these reports today, it is obvious that the reporters were reporting on corruption, although they were not explicit. The profile stated that attorneys who were grown men lean forward to hear her eviscerate them with her mumble... I later also received an anonymous letter from a criminal defense attorney, describing to me how she intimidated defense counsel if they try to stand for their clients rights. Then I found another anonymous report online, of exactly the same thing, but a different case, where the person describes how as a judge she was continuously trying to intimidate him by trying to get him to perjure himself, and scaring him all the time about it. In short - on the risk side, I would say there was none. If anything, it was a practice builder to collude with allegedly racketeering Judge JACQUELINE CONNOR, since she seemed to be a central figure to the whole operation - the MADRONE. Therefore, was expertise was required was in pricing - to charge Countrywide high enough a fee for such specialized services.
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They were retained in June 2007, to prevent me from ever getting to the point of obtaining from Countrywide or Bank of America Corporation a response on allegation of fraud, deceit, perversion of justice, and other offenses that amount in fact to racketeering. And given that they had full support of the judges of the LA Superior Court, on the one hand, and given the fact that no law enforcement agency is willing to provide equal protection, they were rather successful as well.
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The novelty in it all is probably the fact that now it is perpetrated for over a year under the name of Bank of America Corporation. In that - there is some novelty. I could actually track the process. I called a number of times from July to December 2008 the office of General Counsel of BAC. I talked with senior staff there. They all without hesitations, within seconds told me the same: Bryan Cave, LLP was not authorized to appear in court on behalf of Bank of America Corporation. The only one authorized, and the one I should communicate with was Todd Boock, In house counsel of Countrywide, now- BAC. It was simple, they asked me for my last name, they checked it up on their system, and they read to me the answer. Some also promised to send it to me in writing, but eventually none of them did. And during that period, from July 2007 to January 2009 Bryan Cave continued to appear in court on behalf of BAC, file false claims against me, etc. ask for judgment of contempt, etc.
.
Then, when I called after January 2009, it was clear that some change took place. The same people would not give any straight answer anymore, and some even gave now deceptive responses. Later I figured out that the General Counsel Tim Mayopoulos was summarily dismissed in January 2009, in the middle of a negotiation meeting with Merrill Lynch, on the merger. He was escorted by security out of the building. Since then the Legal Deparment of BAC has slowly converted to closer and closer copy of the Legal Department in Countrywide, which I definitely believe would be found racketeering upon review.

3) FBI and US Dept of Justice were also named Defendants

What happened next i


s taken by me as a sign that someone felt very threatened...

Anonymous letter on Judge JACQUELINE CONNOR by a criminal defense attorney

Online report by witness on Judge JACQUELINE CONNOR

Complaint of Zernik v Melson et al

News report from New York, including the policy statement on judicial corruption:

Copies of the original reports of the Public Integrity Section can be viewed at:

Table compiling enforcement statistics demonstrates geographic biases in enforcement: