OccupyTLV, September 14 - Human Rights Alert (HRA), NGO filed its submission for the 22nd session Periodic Review of Human Rights in the United States by the Human Rights Council of the United Nations. The submission is titled: Large-scale fraud in IT systems of the US courts - Unannounced regime change?
The submission documents the invalidity and fraud inherent in the IT systems of the US courts, and their employment in the abuse of the Constitutional, Civil, and Human Rights of the people of the United States and beyond. Like the 2010 HRA submssion on the United States, and the 2013 submission on Israel, the current submission is based on IT system analysis and data mining. It is likely that the HRA submissions are the first ever Human Rights reports that are based on such methods.
With the 5 page short submission, a longer appendix (over 160 pages) was filed, which includes links to thousands of records, all posted online, which are the evidence for the submission. The Appendix includes a series of case studies of Fraud upon the Court. The focus is on cases, which document the abuse through unlawful deprivation of liberty and fraud by financial institutions.
Some of the cases are relatively unknown, but some have been covered by media repeatedly:
* Citizens United v Federal Elections Committee
* Log Cabin Republicans v USA et al
* SEC v Bank of America Corporation
* NML Capital v The Republic of Argentina.
The submission concludes:
1.
Through the implementation and operation of invalid, fraudulent IT
systems, the US courts today routinely conduct of simulated
litigation, abuse the liberty and property of individuals, and place
the banks above the law. Such conduct amounts to Organized
State-corporate Crime.
2.
Such conduct amounts to serious violation of fundamental Human
Rights of the people of the United States.
3.
Such conduct is also central to
the current socio-economic crisis, failing banking regulation, and
the “Foreclosure Crisis”, which resulted in vast increase in
poverty and homelessness in the United States and undermined the US
middle-class.
4. The validity of
any legal and judicial records, originating in the United States,
and the validity of any litigation in the US courts should be
considered dubious.
5. The
international community should reassess the nature of the current
regime in the United States, and any claim that its foreign policy
is driven by Human Rights interests.
6. Efforts to
restore the US Constitution and the rule of law in the US are likely
be protracted and meet stark resistance by powerful US security,
legal, and financial interest groups. No corrective process is
likely to commence, unless conditions further deteriorate, leading
to widespread civil unrest.
Copied below is the short 5-page report.
Similar conditions were documented in the 2013 HRA submission on the State of Israel.
____
Joseph Zernik, PhD
Human Rights Alert (NGO)
OccupyTLV
____
* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2010 Periodic Review Report regarding Human Rights in the United States, with the note: "corruption of the courts and the legal profession and discrimination by law enforcement in California".
* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2013 Periodic Review Report regarding Human Rights in Israel, with the note: "lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."
_______
LINKS:
[1] 2014-09-13 Human Right Alert (NGO): UPR Submission - United States - 22nd session - "Large-scale fraud in IT systems of the US courts - Unannounced regime change?"
[2] 2014-09-13 Human Right Alert (NGO): Appendix to UPR Submission - United States - 22nd session - "Large-scale fraud in IT systems of the US courts - Unannounced regime change?"
____
Human
Rights Alert
(NGO)
Joseph
Zernik, PhD
PO
Box 33407, Tel Aviv, Israel
2014-09-13
Human Right Alert (NGO): UPR Submission - United States - 22nd
session
Large-scale
fraud in IT systems of the US courts - Unannounced regime change?
Appendix:
Filed concurrently with the submission, includes expanded text, full
size figures, and cross-references in the body of the text to the
records, as evidence. The Appendix is also posted online at:
A.
Human Rights Alert (NGO)
The
2010 Human Rights Alert ["HRA"] submission for the UPR of
the United States was incorporated into the Professional Staff Report
with the note "corruption of the courts and the legal profession
and discrimination by law enforcement in California".
The 2013 HRA submission for the UPR of the State of Israel was
incorporated by reference into the HRC Professional Staff Report with
the note “lack of integrity in the electronic record systems of the
Supreme Court, the district courts and the detainees' courts in
Israel.” It is likely that the HRA reports are the first-ever Human
Rights reports that are focused on IT system analysis and data
mining.
Wide
segments of the people of the United States today hold that
the US Constitution was voided.
The implementation of invalid fraudulent IT systems in the US courts
was a key event in establishing current conditions. The fraud
inherent in the IT systems of the US courts is not the typical
sporadic corruption, which can be found in any justice system at any
time to some degree or another. It is corruption, which was
centrally implemented throughout the court system.
1.
The IT systems of the US courts enable the routine conduct of
simulated (sham/fake), abusive litigation and the publication of
simulated judicial records, abusing the rights for Liberty and
property; such conduct is particularly noticeable today in cases
originating in corruption of government officers or financial
institutions;
2.
Under such circumstances, the rule of law and the US Constitution are
effectively voided, and access to the courts is effectively denied;
3,
Such conditions should be considered unannounced regime change;
4.
Such conditions amount to violation of any article of the Universal
Declaration of Human Rights,
where integrity of the courts and the justice system is a
prerequisite;
5.
Corruption of the US courts and the legal profession is a central
cause of the current socio-economic crisis in the United States and
beyond.
2.
Simulated records, simulated litigation
Through
the implementation and employment of invalid IT systems in the US
courts, the US courts today issue and publish judicial and clerical
records that are invalid and void on their faces. In such simulated,
invalid records, US judges abuse the Civil, Constitutional, and Human
Rights. With it, the courts induce and/or extort compliance with
such invalid, simulated judicial records.
a)
Definitions: "Simulated Litigation", "Simulated Court
Record", "Fraud upon the court" - "Simulated
Litigation/Records" -
pursuant to the Texas Penal Code §32.48;
"Fraud
upon the Court" - pursuant to Bulloch
v. United States, 763 F.2d 1115,
1121 (10th Cir. 1985).
b)
Judges are not covered by immunity in simulated litigation - the
conduct of simulated litigation and the issuance of simulated
judicial records are extra-judicial conduct.
c)
Simulated litigation should be deemed racketeering, or
state-corporate organized crime - pursuant
to the Racketeer
Influenced and Corrupt Organizations Act
(USC
§1961).
Such conduct should also be reviewed under the terms of the United
Nations Convention against Transnational Organized Crime
(2000). In criminology, such conditions are considered
"State-corporate Organized Crime".
d)
Automated "Index of Judicial Corruption" - the
simulated records in the IT systems of the US courts provide a unique
database for data mining, and enable automated study of corruption of
the judiciary.
a)
The systems were developed and implemented with no lawful authority
The new IT systems
represent a sea-change in court procedures. US Congress wasn't likely
to consent to enact such procedures, and the judiciary acted with no
lawful authority. Full
documentation of lawful specification, development management, and
validation, certified by persons of adequate authority, under
accountability to the legislature must be required. Pursuant to the
fundamental principle of Publicity of the Law, such IT systems must
be as transparent to the public as possible. The common theme in IT
systems of the US courts is clear: Each and every US court
implemented and operates its local variation of the IT systems, based
on the common PACER and CM/ECF platforms, in a manner that enables it
to generate and publish online abusive judicial and clerical records,
as well as case dockets, which are not deemed valid and effectual,
pursuant to the US law, or by the respective courts, but would appear
as valid and effectual records to the unwitting parties and the
public at large.
b)
The identity of the servers, on which the records are
published and from which they are downloaded is unverified.
c)
Invalid implementation of electronic signatures Today,
all records of the US district and appeals courts are electronic
records. However, there no valid, visible electronic signatures are
to be found on any such records. The courts use various forms of
invalid signatures: Scanned images of hand-signatures, initials,
/s/, typed names, or no signature at all. The
notion that a national project of such scope failed to implement
valid, publicly visible electronic signatures cannot be reasonably
deemed an oversight, or human error.
d)
Invalid implementation of authentication and service instruments and
procedures (NEF/NDA)
From
left:
a)
NEF with "Electronic Document Stamps" (red frames), USDC
CAED. b)
NEF,
missing the "Electronic Document Stamp", Dkt #59, Mandate
of the US Court of Appeals, 9th Circuit, as docketed
in Fine
v Sheriff - Habeas
Corpus, USDC CACD (section
C3a). c)
Two
PACER docket entries in SEC
v BAC -
banking regulation under the financial crisis,
USDC
NYSD. January
12, 2010 entry (Dkt #73, Order) is linked to an actual record.
January 19, 2010 entry (Dkt #none, Minutes) is not linked to any
record, and therefore, such "docket text only" notation
couldn't possibly be authenticated by an NEF. The January 19, 2010
telephone hearing and its minutes should be deemed simulated court
hearing and simulated minutes, like many others similar entries in
the same court case. (section C2h) d)
Docket
entry in In
RE: Ronald Gottschalk,
USDC CACD, "Order of Disbarment ...deleted for the following
reason: Reported that the NEF was generated." This unique text
provide affirmation by Chief Judge of the US District Court that a
record with no valid NEF is a void judicial record.
Although
never lawfully established, the US courts implemented the NEF/NDA as
authentication instruments in CM/ECF in the district and appeals
courts, respectively. The NEF/NDA substitutes the Certificate of
Service and Notice of Entry of Judgment by the Clerk of the Court.
The NEF/NDA is invalid on its face as an authentication instrument.
It
fails to state the name and authority of an individual, who issued
it, fails to include the certification statement "I the
undersigned hereby certify...",
bears no valid signature, not sent and delivered as a an accompanying
record to the actual court record, only a hyperlink is provided.
Furthermore, the public and pro
se
filers are denied access the
NEF/NDA. Appendix I provides detailed documentation of numerous
cases, where void records with invalid NEF/NDA are published in PACER
dockets. Extensive research failed to discover a single "Notice
of Entry of Judgment", a key Due Process record, prescribed by
US law, since the implementation of PACER and CM/ECF. With it, the
courts of appeals conduct with no authority at all simulated appeals,
taken from uncertified judgments of the district courts.
f)
Invalid implementation of authorities and permissions Under
CM/ECF, unauthorized court employees as well at attorneys, routinely
enter records and docket notations bypassing the authority of the
Clerk of the Court.
g)
Discrimination in access to the courts Practically
in all US district courts, which were examined, only attorneys are
permitted access to CM/ECF. Therefore, pro
se filers and the public
at large are denied access to NEFs/NDAs and cannot distinguish
between valid and void court records in the PACER dockets. Service
on attorneys is by email, on pro se
filers - by paper mail.
h)
Appearance of attorneys, who are not authorized as Counsel of Record
Memorandum
Opinion of US Judge Jeff Bohm in the Case
of Borrower Parsley (section
C2e) documents that appearance of unauthorized attorneys with "no
communications with clients clause", has become a routine fraud
method of Countrywide Financial Corporation in courts across the
United States. Similar fraud was perpetrated by attorneys for
California judges in Fine
v Sheriff
and Zernik v
Connor et al, USDC
CACD (sections C2a, C2f, respectively).
h)
Universal failure to docket summonses. The
issuance of valid summonses, their execution, and their docketing,
prescribed by law, is critical for commencing valid litigation and
safeguard of integrity of the courts. Review of the US courts from
coast to coast shows universal, inexplicable failure to docket
summonses in the PACER dockets. In parallel, in numerous cases
invalid summonses have been discovered, including high public policy
significant cases, such as SEC
v Bank of America Corporation, USDC
NYSD - key litigation under the financial crisis (section C2h).
i)
Adulterated and missing of court records In
various cases, key records are deleted from the PACER dockets of the
US courts. Commencing record (Petition) in Fine
v Sheriff USDC
CACD was adulterated. Decision
in the Habeas Corpus petition of Guantanamo Bay detainee was
adulterated. Judgment record in Citizens
United
is missing. Missing and adulterated court records a cardinal sign of
judicial corruption.
From
left: a)
Summons
in SEC
v Bank of America Corporation, USDC
NYSD.
The summons was not docketed, but was discovered through a Freedom of
Information request. The summons is unsigned, and fails to bear the
seal of the court. It documents collusion of SEC, Bank of America and
US court in the conduct simulated litigation in a high visibility
case, related to banking supervision. b) False Judgment record in
Citizens
United v FEC,
SCOTUS. It is a notice from the SCOTUS clerk regarding attorneys
fees. The Judgment record is missing.
j)
PACER and CM/ECF - inter-court survey Inexplicable
differences among the US district courts.
k)
IT system of the US Supreme Court The
SCOTUS IT systems (name unknown) undermine the foundation of the Rule
of Law: The systems enable the publication of dockets, journals,
decisions, and judgments by SCOTUS personnel of unknown authority.
The data, found in the Journals, Dockets, and Decisions in inherently
inconsistent and contradictory.
2.
Case studies a-p
A
series of simulated cases, or cases of other types of remarkable
fraud and abuse in the US district court, US appeals courts, SCOTUS,
particularly cases of unlawful deprivation of Liberty and cases
related to fraud by financial institutions under the current
financial crisis.
From
left:
NML
Capital v Republic of Argentina, USDC NYSD (section
C2k):
a)
PACER
docket
entries,
Dkt
#1-5
- the summons was not docketed. b)
Notice
of Case Assignment to Judge Griesa, Dkt #5 is unsigned. As in all
PACER cases, public access to the NEFs - authentication records - is
denied. The case, which may cause the collapse of the Argentinian
economy is opined fraud of medieval style and proportions.
D.
National authorities, civil society organizations, experts, media
All
fail to perform their duties:
1.
Office of Attorney General, US Department of Justice, and FBI;
7.
Civil society organizations;
8.
Media.
E. Compliance
with relevant US law
1.
Habeas Corpus
Through the
conduct of simulated review, Habeas Corpus was in fact suspended.
2.
First Amendment to the US Constitution- the right to file papers in
court Suspended.
3.
First Amendment to the US Constitution- to right to inspect and to
copy court records Suspended.
4.
Rules Enabling Act Violated
through the implementation of fraudulent IT systems in the US courts.
5.
Federal Rules of Civil Procedure -duties of the clerk Violated
through
the implementation of fraudulent IT systems in the US courts.
6.
Authentication and certification of judicial records, legal process
under the signature of the clerk and the Seal of the Court Voided
in the fraudulent IT systems of the US courts.
7.
Electronic Signatures in Global and National
Commerce Act (2000) and E-Government Act (2002) No
valid electronic signatures can be found in electronic court records.
F. Compliance
with relevant treaties and conventions
1.
Basel Accords on Banking Supervision Failure
to establish effective banking supervision.
2.
Hague Apostille Treaty (1961) Ignored,
as a result of the failure to authenticate court records.
3.
United
Nations Convention against Transnational Organized Crime Ignored,
through decriminalization of money laundering, and other criminality
in the banking system, persons, firearms smuggling by US agencies.
G.
Retaliation against anti-judicial corruption activists
From
left: a) Anti-judicial corruption activist, blogger Roger Shuler,
after being beaten and falsely imprisoned in Alabama, 2013. b)
Anti-judicial corruption activist, former US prosecutor Richard Fine,
during his 2009-10 false imprisonment in solitary confinement, Los
Angeles, California. c) David Schied, anti-judicial corruption
activist, was jailed for 30 days for silently observing the court. d)
Dr Joseph Zernik, author of instant submission, shortly before
escaping the US in April 2010, sought by US Marshals "Threat
Unit", in conjunction with submitting the 2010 UPR report.
Retaliation by the US and Israeli governments continued in 2013,
requiring twice requesting the protection of the Federal German
government.
1.
General Anti-judicial
corruption activists are targeted for particularly harsh retaliation.
2.
Retaliation against Dr Joseph Zernik - author of instant submission
Retaliation
in the US, under the false claim of "Threat" to the US
courts, and retaliation in Israel though taking of bank deposits,
following the discovery, archiving, and dissemination of evidence of
judicial fraud in the US and in Israel as part of the 2010 and 2013
UPR reports, respectively.
H.
Historical perspective - Robber Baron Revival Era.
Current
conditions in the US resemble in numerous aspects conditions, which
prevailed a century ago and which led to the Great Depression.
1.
Through the implementation and operation of invalid, fraudulent IT
systems, the US courts today routinely conduct of simulated
litigation, abuse the liberty and property of individuals, and place
the banks above the law. Such conduct amounts to Organized
State-corporate Crime.
2.
Such conduct amounts to serious violation of fundamental Human
Rights of the people of the United States.
3.
Such conduct is also central to
the current socio-economic crisis, failing banking regulation, and
the “Foreclosure Crisis”, which resulted in vast increase in
poverty and homelessness in the United States and undermined the US
middle-class.
4. The validity of
any legal and judicial records, originating in the United States,
and the validity of any litigation in the US courts should be
considered dubious.
5. The
international community should reassess the nature of the current
regime in the United States, and any claim that its foreign policy
is driven by Human Rights interests.
6. Efforts to
restore the US Constitution and the rule of law in the US are likely
be protracted and meet stark resistance by powerful US security,
legal, and financial interest groups. No corrective process is
likely to commence, unless conditions further deteriorate, leading
to widespread civil unrest.
1. The large-scale
fraud in the US courts, which in fact implicates each and every US
sitting judge, would likely require an approach similar to a Truth
and Reconciliation Commission, and/or a Second Constitutional
Convention.
2. Due to the
central role of the Administrative Office of the US Courts in
implementing the fraudulent IT systems of the US courts, the Office
should be restructured or closed.
3. Measures,
similar to those taken a century ago under similar circumstances
through the Salary
Act
(1919), which placed the clerks of the US courts under the direct
authority of the Attorney General, should be considered.
4. US legal and
computing experts should be engaged in an initiative to restore the
integrity of the IT systems of the US courts, under accountability
to the US Congress, with the goal of making such system as
transparent as possible to the public at large.
5. In nations,
where the separation of branches of government is established by
law, the courts must not be permitted to develop and implement the
courts' IT systems.
6. Human Rights and
internet activists must keep a watchful eye on the validity and
integrity of IT systems of the courts and prisons
September 13, 2014
Joseph Zernik, PhD,
Human Rights
Alert (NGO)
OccupyTLV
