Monday, July 2, 2012

12-07-03 Hello Russia!

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12-07-03 Fraud on the Courts in the Age of Mechanical Reproduction

Flim-Flam, also known as Shell Game Fraud

Looking back at the entire body of evidence of fraud in electronic record systems of the courts, both in the United States and Israel, it appears that there are three main reasons that the legal profession, including the judiciary, both in the US and in Israel could not tolerate valid, certified, digital signatures on electronic legal records:
1)     The digital signature includes inherent information regarding the date that the signature was executed and integrity of the document that it is affixed to. 
2)     There is no difference between "Original" and "Copy", when it comes to digitally signed electronic records. 
3)     Valid digital signatures in valid electronic record systems would provide easy distinction between valid, authenticated court records, and simulated court records.

Therefore, had valid electronic record systems been implemented in the courts, central fields in the art of Fraud on the Court would have been eliminated, and with it, much of the skills for which attorneys are heftily paid.

On the other hand, implementation of fraudulent electronic record systems in the courts transformed the art of Fraud on the Courts, which was endemic, into a medieval pandemic.

[1] The Work of Art in the Age of Mechanical Reproduction_ Walter Benjamin 

12-07-02 Israel Bar Association asked to investigate ethics complaint against Attorneys Yoram HaCohen, Amit Ashkenazi, re: fraud in implementing electronic signatures of the State of Israel

The reports, which were the basis for the complaint, documented unauthorized conduct of Attorney Yoram HaCohen and Amit Ashkenazi, doing business on behalf of the office of Registrar of Certifying Authorities.  Their conduct undermined the integrity of legal records of the State of Israel.

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Attorneys Yoram HaCohen, Amit Ashkenazi

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Jerusalem, July 2 - "Attorneys Yoram HaCohen and Amit Ashkenazi hijacked the digital seal of the State of Israel, and undermined the integrity of legal records of the State of Israel," says Joseph Zernik, PhD, of Human Rights Alert (NGO).

Dr Zernik has filed today complaints with the Jerusalem and Tel Aviv Ethics Committees of the Israel Bar Association against Attorneys Yoram HaCohen and Amit Ashkenazi. [1] The complaint alleges that the two attorneys engaged in Breach of Loyalty and Fraud on the People of the State of Israel, relative to their conduct in implementing the Electronic Signature Act (2001).

The Electronic Signature Act (2001) stipulates that a Magistrate Judge shall be appointed by the Minister of Justice to oversee the integrity of the system.

The reports, which are the basis for the complaint, document that the two attorneys conducted business on behalf of the office of Registrar of Certifying Authorities with no lawful authority at all. [2,3,4]  As part of such conduct, during years which were critical for the implementation of the Act, Attorneys HaCohen and Ashkenazi established standards, issued contracts, engaged in enforcement, and most significantly, established COMSIGN (a subsidiary of COMDA) as the sole Certifying Authority of digital signatures in Israel.

The case has wide implications relative to the integrity of legal records of the State of Israel.

The Israeli Bar Association recently filed a Judicial Disciplinary Complaint against the Vice President of the Tel Avid District Court, Judge Vardah AlSheikh, for the falsification of a transcript of proceedings in her court.  Judge Vardah AlSheikh has been handling some of the key cases in banking and corporate regulation in Israel in recent years. [5]
Haaretz daily published a couple of years ago report detailing the falsification of court records in the Detainess Courts. [6]
The Human Rights Alert report also documents numerous cases of falsification of judicial records of the Supreme Court of the State of Israel. [4]
Similar type of fraud has been rampant in the state and federal courts in the United States over the past decade,[7] and is tightly linked to failing banking regulation in the United States. [8]
The 2010 State Comptroller report documents that two large US-based corporations - IBM and EDS - were engaged in the implementation of the new electronic record systems of the Israeli courts, where contract was issued with no bidding, with no specifications, and with no core supervision by State employees, all in violation of the law and regulations of the State of Israel. [9]

The 2012 Human Rights Alert submission to the United Nations concludes:  [4]The findings hold serious implications relative to local socioeconomic trends, banking regulation, and the Israeli-Palestinian conflict:
1.       The validity of any legal public records, originating in the courts of the State of Israel should be re-assessed;
2.       Nations, including but not limited to those, who are parties to the Hague Apostille Convention (1961), should re-assess any faith and credit, given to legal public records originating in the courts of the State of Israel;
3.       Attempts to address the crisis would likely be compounded by conflicts of rivaling security, legal, and financial groups.

The submission recommends:
Major efforts should be made to address what amounts to a constitutional crisis in a nation with no constitution:
1.       The electronic records systems of the courts should be examined and repaired by Israeli computing/legal experts, under accountability to the legislature.
2.       A Truth and Reconciliation Commission should be established relative to events surrounding the 2002 death of Supreme Court Chief Clerk Shmaryahu Cohen and the role of the judiciary in implementation of the invalid, false and deliberately misleading electronic record systems in the courts; 
3.       No court of any nation should be permitted to develop and implement its own electronic record systems.
LINKS:[1] 12-07-02 Ethics Complaint filed with the Israel Bar Association against Attorneys Yoram Hacohen, Amit Ashkenazi for Breach of Loyalty, Fraud in implementation of the Electronic Signature Act (2001)
[2] 12-06-25 PRESS RELEASE: Hijacking of the Digital Seal of the State of Israel
[3] 12-05-21 Criminal complaint filed against Attorneys YORAM HACOHEN and AMIT ASHKENAZI of the Ministry of Justice of the State of Israel, relative to fraud in the electronic legal record systems of the State of Israel
[4] 12-06-04 Human Right Alert's Appendix to Submission; 15th UPR Working Group Session (Jan-Feb 2013) - State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel
[5] 12-04-10 The Judge Alsheikh Affair – “Reconstructed Transcript” in the Tel-Aviv District Court _ Globe
11-02-08 Dana Weiler: Court issues ruling, withquotes, from nonexistent hearing - Haaretz
[7] 11-07-06 Request filed by Windsor and Zernik with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts 
[8] 12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisis[9] 10-00-00 State of Israel - Ombudsman's Report 60b, Ministry of Justice Computerization (2010) p 693 Et Seq
Joseph Zernik, PhD
Human Rights Alert (NGO)[]  
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
Human Rights Alert online[]  Flag Counter: 140 
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Take away justice, then, and what are governments but great bandit bands?Saint Augustine, Civitas Dei (City of God,4.4)

12-07-02 Hello Russia!

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12-07-01 New Allegations about the CIA Torture Prison in Poland


Polish Senator's Startling New Allegations about the CIA Torture Prison in Poland

In the long quest for accountability for those who ordered, authorized, or were complicit in the Bush administration's torture program, every avenue has been shut down within the United States by the Obama administration, the Justice Department, and the courts. The only hope lies elsewhere in the world, and specifically Poland, one of three European countries that hosted secret CIA prisons where "high-value detainees" were subjected to torture.
The other two countries -- Romania and Lithuania -- either have refused to accept that a secret prison existed or have opened and then prematurely shut an investigation. But Poland has an ongoing official investigation that began four years ago and shows no sign of being dismissed, even if numerous obstacles to justice have been erected along the way.
Last week, two U.S. news outlets -- the Los Angeles Times and ABC News -- reported the latest claims of Senator Jozef Pinior. ABC News explained that he told the Polish newspaperGazeta Wyborcza that prosecutors "have a document that shows a local contractor was asked to build a cage at Stare Kiekuty." That was the Polish army base used by the CIA as its main prison for "high-value detainees" from December 2002 (when the previous prison in Thailand was closed down) until September 2003, when, for six months, the main "high-value detainees" were held in a secret prison within Guantanamo before being transferred back to facilities in Europe and Morocco. Fourteen "high-value detainees" were eventually returned to Guantanamo as military prisoners in September 2006.

12-07-02 Hello UK!

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