Académique Documents
Professionnel Documents
Culture Documents
by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Date: 2010.12.05
Blog: http://human-rights-alert.blogspot.com/ 02:03:19 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert
It is further alleged that such conduct could not take place absent collusion by the Clerks of the Courts:
1. RUBY KRAJICK - Clerk of the Court, US District Court, Southern District of New York, and
2. TERRY NAFISI – Clerk of the Court, US District Court, Central District of California.
The cases should be considered of the highest public policy significance, because of the nature of underlying
matters:
1. In SEC v BAC (1-09-cv-06829) and Zernik v Connor et al (2:08-cv-01550) - it is alleged that conduct
of Judge JED RAKOFF, Judge VIRGINIA PHILLIPS, and Magistrate CARLA WOEHRLE under
these captions was intended to cover-up criminality by BANK OF AMERICA CORPORATION (and
COUNTRYWIDE FINANICIAL CORPORATION) and its most senior officers, which SEC,
banking regulators, and law enforcement have refused to address in recent years.
Therefore, their conduct undermined banking regulation.
2. In Fine v Sheriff (2:09-cv-01914) and Zernik v Connor et al (2:08-cv-01550) – it is alleged that
conduct of Judge JOHN WALTER, Judge VIRGINIA PHILLIPS, and Magistrate CARLA
WOEHRLE under these captions was intended to cover-up widespread corruption of California of the
Los Angeles Superior Court and large-scale false imprisonment by the Los Angeles Superior Court,
which US Department of Justice has refused to address over the past decade.
Therefore, their conduct undermined the Human Rights of all 10 million residents of Los Angeles
County, California.
Furthermore, the conduct of the named judges and the magistrate, reflects structural deficiencies relative to
integrity of the United States courts:
1. Lack of accountability of the Clerks of the Courts for integrity of the electronic court records.
Conditions, which now prevail in the US courts enable the publication of false and deliberately
misleading PACER dockets and false and deliberately misleading minutes, orders, and judgments.
2. Lack of validity and integrity of PACER and CM/ECF as electronic court administration systems.
The systems enable the publication of dockets, minutes, orders, and judgments in a manner that
prevents the public from distinguishing between records, which the US courts themselves deem valid
and effectual and records, which the US courts themselves deem void. The systems were
implemented over the past decade by the Administrative Office of the US Courts with insufficient
public oversight. It is claimed that the systems were central to undermining the integrity of the US
courts.
An additional structural deficiency is directly related to the case of Fine v Sheriff (2:09-cv-01914), and to
Habeas Corpus rights in the United States:
3. Lack of validity of the Los Angeles County Booking Records system and the Los Angeles County
Sheriff’s Department’s online Inmate Information Center.
The case of Fine v Sheriff (2:09-cv-01914) documented how the systems were used to affect alleged
false imprisonment under the pretense of lawfulness.
z Page 3/8 December 5, 2010
Conduct of the named judges, magistrate, and clerks, as well as the structural deficiencies, outlined above, are
further elaborated in the following reports:
1. The Calendars and the Clerks of the US Courts – pending [i ]
2. SEC v Bank of America Corporation – pretense litigation and pretense banking regulation in the
United States – pending [ii ]
3. Case management and online public access systems of the US courts – pending [iii ]
4. 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) [iv ]
5. Zernik, J: Data Mining as a Civic Duty – Online Public Prisoners’ Registration Systems, International
Journal on Social Media: Monitoring, Measurement, Mining 1: 84-96 (2010) [v ]
It should be noted that the latter two reports were published in an international, peer-reviewed computer
science journal, listing on its Editorial Board scholars from six European nations and Canada.
Combined, the two above measures by US Congress could address the following issues:
1. Restoring accountability of the clerks for the integrity of electronic court records.
The evidence demonstrates that clerks today hold themselves unaccountable for the validity and
integrity of electronic court records, in particular – online public access systems.
2. Restoring the right to access judicial records – to inspect and to copy.
Combined, PACER and CM/ECF are today used to conceal critical attestation/authentication
records (the NEFs and NDAs), and therefore do not permit the public to distinguish between valid
and effectual court records and such that are deemed by the US courts as void.
3. Establishing valid digital signatures on all applicable court records by judges, clerks, and counsel.
The evidence shows that courts established as acceptable, various methods, which do not meet
minimal requirements for valid digital signatures for judges, clerks, and counsel.
4. Establishing valid procedures for the clerks’ electronic attestation/authentication records.
The evidence shows that the NEFs and NDAs, which were established by the US courts as
electronic clerks’ attestation/authentication records are invalid and void.
z Page 4/8 December 5, 2010
In case additional information would be needed in the course of investigations, beyond that which is
provided in the attached and linked reports, I would be happy to provide any help possible.
Your attention to these matters is kindly requested.
Truly,
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered
an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before
they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
z Page 5/8 December 5, 2010
CC:
1) The Honorable Barney Frank
Chair, House Financial Services Committee
2) The Hon Christopher Dodd, Chair
US Senate Banking Committee
3) The Hon Carl Levin, Chair
US Senate Investigations Committee
4) The Honorable Dianne Feinstein
Senator from California
5) Basel Accords Committee
6) Various National Central Banks
7) United Nations Human Rights Council
Working Group on the 2010 Universal Periodic Review of Human Rights in the United States.
LINKS
i
The Calendars and the Clerks of the US Courts – pending
Hhttp://www.scribd.com/doc/44663008/
ii
SEC v Bank of America Corporation – pretense litigation and pretense banking regulation in the United States – pending
Hhttp://www.scribd.com/doc/44663232/
iii
Case management and online public access systems of the US courts – pending
Hhttp://www.scribd.com/doc/44662501/
iv
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)
Hhttp://www.scribd.com/doc/38328585/H
v
Zernik, J: Data Mining as a Civic Duty – Online Public Prisoners’ Registration Systems, International Journal on Social Media:
Monitoring, Measurement, Mining 1: 84-96 (2010)
Hhttp://www.scribd.com/doc/38328591/H
vi
Zernik, J: Calendars and the Clerks of the US Courts – pending
Hhttp://www.scribd.com/doc/44663008/
vii
Coenen, F: Verification and Validation Issues in Expert and Database Systems: The Expert Systems Perspective, dexa, pp.16,
9th International Workshop on Database and Expert Systems Applications (DEXA'98), (1998)
viii
Codd, EF: The relational model for database management: version 2, ACM Classic Books Series, Addison-Wesley Publishing
Company, Inc (1990)
ix
Robling Denning, D E: Cryptography and data security , Addison-Wesley Publishing Company, Inc (1982)
x
Voting Machines Report: Malfunction and Malfeasance, report by Common Cause (undated)
Hhttp://www.scribd.com/doc/36565560/
xi
April 19, 2010 letter by Brennan Center for Justice letter in re: Unprecleared voting machines
Hhttp://www.scribd.com/doc/36565891H
(continued)
ABSTRACTS
z Page 6/8 December 5, 2010
2) Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and
Pretense Banking Regulation in the United States
Joseph Zernik, PhD *,**,***
Abstract
Securities and Exchange Commission v Bank of America Corporation – cause of action Securities Fraud
- at the US District Court, New York, proceeded under the newly implemented US courts’ online public
access and case management systems (PACER and CM/ECF). The matter originated from the
government-coerced Bank of America-Merrill Lynch merger. Independent investigation by the State of
New York Attorney General produced evidence of high-level criminal conspiracy in the matter by both
corporate and US senior officers, and the case was extensively covered by media as a hallmark of
banking regulation under the current crisis.
The purported Consent Judgment imposed minor distribution of stockholders’ assets to themselves, with
no accountability for the alleged Fraud by any individual.
z Page 7/8 December 5, 2010
The Clerk, Chambers, Plaintiff, and Defendant were united in denying public access to key records in
the case, including, but not limited to summons, minutes, and all attestation/authentication records
pertaining to judicial records.
Court proceedings were routinely docketed in an invalid manner.
The records show that the case, presided over by Jed Rakoff – a US judge considered an authority in
matters of securities, white-collar crime, and racketeering – was conducted from inception as a pretense
litigation, enabled by PACER and CM/ECF, previously opined as a large-scale computer fraud.
Conduct of the US courts today is contrasted with ‘piercing of corporate veils’ that brought the Robber
Baron Era to an end a century ago. Reform of the US courts is quintessential for effective banking
regulation.
The international community should take notice and engage in correction efforts.
_____
*
Human Rights Alert (NGO), PO Box 526, La Verne, CA 91750, Tel: 323-515-4583
Fax: 323-488-9697, Hjz12345@earthlink.netH , Hhttp://www.scribd.com/Human_Rights_AlertH
**
The author is grateful for help by Legal Director of a Civil Rights organization and Professors of Compute Science for their advice.
∗∗∗
The study presents small part of the evidence of large-scale false imprisonments and financial institutions/housing frauds by judges
of the courts, which was submitted to the United Nations Human Rights Council, as part of the first ever 2010 Universal Periodic
Review of Human Right in the United States, and which was consequently incorporated in the Human Rights Council staff report, with
reference to ‘corruption of the courts and the legal profession’.
_____________________________
3) Case Management and Online Public Access Systems of the Courts in the United States
Joseph Zernik, PhD *,** ,∗∗∗
Abstract
Integrity and validity of electronic administration systems (PACER and CM/ECF), implemented in the
US courts in recent decades, were analyzed thorough case studies pertaining to Habeas Corpus and the
right for property.
The cases document a pattern of judicial conduct: judges and magistrates presiding with no valid
assignment/referral orders, failing to issue judicial records, or issuing deliberately invalid judicial
records. The practice is described as pretense judicial review.
Electronic administration systems of the US courts are found to be central to such conduct, by leaving
the public unable to discern between valid and void judicial records, by undermining the accountability
of the clerks for integrity of electronic judicial records, and by enabling the denial of public access to
judicial records.
Corrective measures are proposed: a) Restoration of provisions of the Salary Act of 1919, which placed
the clerks under the authority of the US Attorney General, and b) Enactment of federal rules of
electronic administration of the courts, including, but not limited to, requirements for publicly and
legally accountable validation (i.e., certified and functional logic verification) of the systems.
Similar concerns may arise in any nation where the courts are in transition to electronic administration.
Conditions that prevail at the US courts today have undermined Habeas Corpus and the Bill of Rights,
recognized as central to the joint inheritance of the English-speaking world to freedom and the rights of man.
_____
*
Human Rights Alert (NGO), PO Box 526, La Verne, CA 91750, Tel: 323-515-4583
Fax: 323-488-9697, Hjz12345@earthlink.netH , Hhttp://www.scribd.com/Human_Rights_AlertH
**
The author is grateful for help by Legal Director of a Civil Rights organization by Professors of Computer Science for their advice, and
language editing by a British graduate student.
z Page 8/8 December 5, 2010
∗∗∗
The report presents small part of the evidence, which was submitted to the United Nations Human Rights Council, as part of the
first ever 2010 Universal Periodic Review of Human Right in the United States, and which was consequently incorporated in the
Human Rights Council staff report, with reference to ‘corruption of the courts and the legal profession’ in California.
_____________________________