Mary Schapiro – SEC; _ _ _ _ _ _ Brian Moynihan-BAC;_ _ _ _ _ _ _ _ _Jed Rakoff – US Judge
Los Angeles, November 8 – In a paper submitted for peer-review in an international law journal, Human Rights Alert (NGO) and Joseph Zernik, PhD, opined that litigation, which was extensively covered in US and international media, as central to US banking regulation under the current financial crisis – SEC v Bank of America Corporation (1:09-cv-06829) - at the US District Court, Southern District of New York, [1] and was led by US Judge JED RAKOFF, [2] was in fact a pretense litigation and Fraud on the Court.
Cause of action in the August 3, 2009 Complaint was Securities Fraud, originating from the government-coerced Bank of America (BAC)-Merrill Lynch merger, and failure to inform shareholders of $5 billions in bonuses paid to Merrill-Lynch employees. Independent investigation by the State of New York Attorney General Andrew Cuomo produced evidence of a criminal conspiracy by both BAC and US senior officers, including, but not limited to Federal Reserve Chair BEN BERNANKE, then Treasury Secretary HENRY PAULSON, and BAC President KEN LEWIS in conduct of the BAC-Merrill Lynch merger. [3] Key event in the merger was the December 10, 2008 ouster in the midst of the negotiations of then BAC General Counsel TIMOTHY MAYOPOULOS, who was escorted out of BAC headquarters by security, and his replacement by BRIAN MOYNIHAN (today – BAC President). [4] US Congress unsuccessfully attempted to probe the cause of the ouster. The paper produced evidence that Mr MAYOPOULOS objected to conduct alleged as racketeering, and that such conduct by BAC was resumed within 24 hours after Mr MOYNIHAN’s appointment. Such evidence was previously filed with SEC and US Department of Justice, which refused to investigate the matter. [5]
The purported litigation at the US District Court, Southern District of New York, was resolved through a February 24, 2010 Consent Judgment and minor distribution ($150 millions) of stockholders’ assets to themselves, with no accountability for the alleged large-scale Securities Fraud by any individual.
The Clerk of the Court, Chambers, Plaintiff, and Defendant were united in denying public access to key records in the case, including, but not limited to summons, minutes, and attestation/authentication records pertaining to judicial records (minutes, orders, judgment). Court proceedings were routinely docketed in an invalid manner.
US Judge JED RAKOFF, who led the purported litigation, is reputed as an authority in matters of securities, white-collar crime, and racketeering. [6] The paper opined that such litigation could not possibly take place absent his collusion, and that the litigation was only a pretense, as part of efforts to falsely present enforcement of the law on US financial institutions, in response to pressure both at home and abroad.
The central role of the public access (PACER) and case management (CM/ECF) systems of the US Courts, which was previously opined as a large-scale computer fraud in a paper, which was recently published in a peer-reviewed international computer science journal with Editorial Board listing scholars from six (6) European nations and Canada. [7] Employment of PACER and CM/ECF in enabling the conduct of a pretense litigation and construction of false on its face docket in SEC v BAC at the US District Court, Southern District of New York, was reviewed in detail in the paper as well. [8]
The paper contrasted today’s conduct of the US courts with “piercing of corporate veils” that brought the Robber Baron Era to an end a century ago. [9]
The paper called for US Congress to enact rules pertaining to the operations of PACER and CM/ECF, and concluded that absent reform of the US courts, there was no way to establish effective banking regulation in the United States. Moreover, conditions at the US courts were opined as a cardinal sign of disintegration of democratic government frameworks, which entails risks to world peace and welfare, which are difficult to assess.
Report, which was filed by Human Rights Alert with the Human Rights Council of the United Nations, detailed similar fraud in the case management (Sustain) and public access systems of the Superior Court of California and the Los Angeles County prisons, and led to a recent UN staff report referring to “corruption of the courts and the legal profession” in California. [10]
Human Rights Alert (NGO) is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system.
LINKS
[1] 10-11-05 SEC v BAC 1-09-cv-06829 at the US District Court Southern District of New York – New York Times reports
10-11-07 SEC v BAC (1:09-cv-06829) at the US District Court Southern District of New York – Washington Post reports
10-11-06 SEC v BAC (1:09-cv-06829) and the BAC-Merrill Lynch Merger - Times of London Reports
[2] 10-11-04 Wikipedia Biography of Judge Jed Rakoff
[3] 09-04-23 State of New York Attorney General Andrew Cuomo Letter to US Congress and Attachments
[4] 08-12-10 Firing of Timothy Mayopoulos as BAC Attorney General and his replacement by Brian Moynihan - Law.com
[5] 10-06-11 Complaints Filed with Office of Comptroller of the Currency and SEC against Countrywide, Bank of America (NYSE:BAC), and Brian Moynihan - alleging fraud on shareholders, on banking regulators, and on the US taxpayer
[6] 09-08-11 Rakoff Hands it to BofA, the SEC - Law Blog – Wall Street Journal
[7] 10-08-18 Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
[8] 10-06-19 SEC v BAC (1:09-cv-06829) at the US District Court, Southern District of New York - Docket Report
[9] 10-11-06 Citizens United v Federal Election Commission
[10] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:
