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12-12-17 Hello World!




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12-12-17 PRESS RELEASE -Large-scale fraud in the California, US courts' electronic record systems is detailed in a paper, peer-reviewed by CYBERLAW 2013


The paper documents large scale fraud in the California (Sustain) and US (PACER and CM/ECF) courts' electronic record systems.  The systems enable the deprivation of liberty and property with no due process of law, abuse of Human Rights and undermining of banking regulation under the current crisis. The systems also violate the respective laws, pertaining to the administration of the courts. The paper was subjected to anonymous peer-reviewed and was accepted by CYBERLAW 2013, a law and technology conference. To this date, no US-based law journal in the fields of Human Rights and Law and Technology, where such papers were submitted, agreed to process them for scholarly peer-review.  Two weeks after acceptance by CYBERLAW 2013 anonymous peer-review, the paper was "rejected" through a dubious procedure by a self-identified "volunteer" and "logistics" of the organizers, IARIA – the International Academy, Research, and Industry Association.

Sustain, PACER & CM/ECF– the electronic record systems of the Los Angeles Superior Court and the US courts, respectively.


Los Angeles and Jerusalem, December 17 –  a paper, documenting large-scale fraud in design and operation of the electronic record systems of the California (Sustain) and US courts (PACER & CM/ECF) was subjected to anonymous peer-review and was accepted for publication by CYBERLAW 2013, an international law and technology conference. [1]
The paper, authored by Joseph Zernik, PhD, of Human Rights Alert (NGO) documents how the electronic record systems of the courts enable the deprivation of liberty and property with no due process of law, abuse of Human Rights and undermining of banking regulation under the current crisis.
Papers by the same author on similar subjects were previously peer-reviewed and published in international technology and criminology journals.  The current paper adds case studies from recent years and legal analysis of the fraud in the electronic record systems of the courts, relative to the California and US law. 
In the California courts:
·         In Lomas v Bank of America Corporation in the Superior Court of California, County of Los Angeles Susan Lomas attempted to protect her rights against real-estate fraud by Bank of America.  California Judge Peter Meeka conducted on Lomas proceedings which, as was later discovered, were secretly noted in the minutes in Sustain, "off of the record".
·         In Marina Strand Colony II Homeowners Assn vs County of LA, in the Superior Court of California, County of Los Angeles, former US prosecutor Richard I. Fine, Attorney for Plaintiff, exposed and rebuked the taking by California judges of "not permitted payments" (called by media "bribes").  Fine was subjected by California Judge David Yaffe to simulated litigation, which ended with Fine's false imprisonment.  Later, Sheriff Lee Baca of Los Angeles County held Fine for 18 months in solitary confinement (considered torture by international standards) under simulated booking records, which showed that Fine was arrested on location and by authority of the non-existent "Municipal Court of San Pedro".
In the US courts:
·         In Richard Fine v Sheriff of Los Angeles County in the US District Court, Central District of California, US Court of Appeals for the 9th Circuit, and the US Supreme Court, the habeas corpus petition of Fine was subjected to simulated review and repeatedly denied, while fraudulent, unauthenticated court minutes and decisions were recorded.
·         In Log Cabin Republicans v USA et al in the US Court, Central District of California, and later in the US Court of Appeals for the 9th Circuit, the 'Don't Ask Don’t Tell' policy of the US Armed Forces was challenged. In 2004 US Judge George Schiavelli issued a judgment in the case in favor of the United States and the case was listed as 'Closed'.  The 2004 Judge George Schiavelli Judgment was never overturned through an appeal, or any other judicial process. In 2010 US Judge Virginia Phillips appeared in the same case and issued the opposing judgment, in favor of the Log Cabin Republicans. The US Court of Appeals for the 9th Circuit knowingly conducted a simulated appeal from the simulated Judge Phillips' judgment in this case.
·         In Citizens United v Federal Election Commission in the Supreme Court of the United States, the First Amendment was purported to permit unlimited donations by corporations to political campaigns. The electronic record system of the Supreme Court lists "judgment issued", but no judgment is to be found in the Supreme Court's electronic record system, and no judgment was served on the Federal Election Commission.
·         In Netsphere Inc et al v. Baron et al in the US District Court, Northern District of Texas, Jeffrey Baron, a successful hi-tech enterpreneur was subjected to simulated litigation by US Judge Judge W. Royal Furgeson, Jr.  The litigation was initiated with no valid summons and multiple simulated minutes and order records were registered by the Court.  In November 2010 through an Ex Parte Emergency Motion, a receiver was appointed over Jeffrey Baron's person and assets, a notion akin to slavery.  Regardless of multiple filings by Baron in the US Court of Appeals, 5th Circuit, such corrupt court practices are permitted to stand.   
·         In Securities and Exchange Commission (SEC) v Bank of America Corporation (BAC) in the US Court, Southern District of New York, a landmark litigation under the current financial crisis, US Judge Jed Rakoff conducted simulated litigation, with no valid summons, with no minutes records, and where the court continues to deny access to the clerk's authentication records.  As the outcome of such conduct, banking executives, who unlawfully took $5.8 billion of shareholders' moneys, were permitted to keep the ill-gotten funds and none of the executives was held accountable.
The CYBERLAW 2013 paper also documents how in no case, where a court was noticed of the ongoing conduct of fraud on the court, did the court correct the false judicial records, or cease the conduct of the simulated litigation.
The paper provides detailed legal analysis, how Sustain and PACER & CM/ECF violate the laws of California and the US, respectively, pertaining to the administration of the courts, how they undermine the integrity of the offices of the clerks of the courts and amount to the maintenance of double-books of judicial records.  The records, which the courts present to the public in their online access systems, are not necessarily records that the courts themselves consider valid and effectual. However, the public is denied access to data, which the courts hold, and which would have permitted the public to distinguish between valid and invalid court records. 
Combined, the paper describes the electronic record systems of the California and US courts as shell-game fraud. 
The current paper offers far-reaching conclusions: In civilized societies, where separation of the powers of the branches of government is established by law, and where no court is permitted to enact its own rules of operation, no court should be permitted to develop and implement its own electronic record system.
Previously, US-based journals in Human Rights, or Law and Technology refused to review papers on similar subjects. [2,3] Likewise, no US-based legal expert has agreed to opine on such matters on the record. [4,5,6]  In contrast,  similar papers were subjected to anonymous peer-review, accepted, published, and presented in Data Analytics, Data Mining, and Criminology conferences in recent years.
Two weeks after acceptance of the current paper by CYBERLAW 2013 through anonymous peer-review, the paper was "rejected" through a dubious procedure by a self-identified "volunteer" and "logistics" of the organizers, IARIA - the International Academy, Research, and Industry Association. [7] Concomitantly, the author, Dr Joseph Zernik, PhD, of Human Rights Alert (NGO), was invited by the same organizers to participate in two discussion panels in the same conference.
In response, Dr Zernik forwarded his objection to the latest notice of rejection by IARIA and asked for corrective actions by IARIA elected officers. [7] In his December 15th letter, Dr Zernik notes that rejection through an ambiguous procedure of dubious authority was employed to overturn the acceptance through anonymous scholarly peer-review;  that the reasons, which are now provided for the rejection, are in part invalid, and in part ludicrous, and that conduct of IARIA amounts to effective censorship of novel, peer-reviewed report, which details large-scale fraud in the electronic records of the courts.
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was in part based on analysis of the fraud in the electronic records of the Superior Court of California, County of Los Angeles, and the Los Angeles County Sheriff's Department.  The submission was reviewed and incorporated into 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.”  
The CYBERLAW 2013 is planned as part of the 2013 submission by Human Rights Alert (NGO) for the 2014 Universal Periodic Review of Human Rights in the United States by the HRC.  Corruption of the courts in collusion with financial institutions and other large corporations is increasingly recognized as central factor in the abuse of Human Rights under the current socio-economic crisis in the United States. (see quotes below)

LINKS:
[1] 12-10-19 Invalid Electronic Record Systems of the State and Federal US Courts – Enablers of Human Rights Abuse and the Financial Crisis – CYBERLAW 2013 paper – peer-reviewed and accepted
[2] 10-09-09 Press Release: Harvard Law Dean Martha Minow, Board of Advisors of Harvard Civil Rights Civil Liberties Law Review Asked for Acknowledgement of Receipt of Paper Submitted to the Journal
[3] 10-09-08 Harvard, Yale Law Journals Refuse to Review Paper Documenting Corruption of the US Justice System
[4] 11-04-14 PRESS RELEASE: Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the US courts
[5] 10-04-25 Request and Refusal of Opinion Letter by Harvard Law School Dean Martha Minow in re: Alleged Fraud in PACER and CM/ECF
[6] 11-07-21 Asking Harvard Law Professor Elizabeth Warren to opine on evidence of large-scale fraud in the electronic records of the US courts
[7] 12-12-15 Correspondence with IARIA CYBRALAW 2013 re acceptance of paper documenting large-scale fraud in the electronic records of the California, US courts
_____________
Joseph Zernik, PhD
< josephzernik@humanrightsalertngo.org>
Sent from "1984", Iceland-based Internet Service Provider
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Human Rights Alert (NGO)   
* United States - the 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed 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.”  
[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."
* State of Israel  - the 2012 submission of Human Rights Alert to the HRC, titled, "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel', is scheduled for review in January 2013.
[1] 12-06-04 Human Right Alert's Submission;  2013 UPR of the State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel
[2] 12-05-10 Appendix I to Human Right Alert's Submission; 15th UPR - State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israe
[3] 12-07-18 Human Right Alert's Appendix II to Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel  -  Additional Responses by National Authorities/Experts, Re: ComSign, LTD - sole certifier and hacker of the digital signatures of the State of Israel
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Human Rights Alert online:  
http://inproperinla.blogspot.com/   
Flag Counter: 145
http://www.scribd.com/Human_Rights_Alert
Total Reads: 1,007,042
Followers: 1,640
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Occupy! 
11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// www.scribd.com/doc/75348301/
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
http://www.scribd.com/doc/96504009/
Secede! The US in its current form is simply unmanageable...
12-01-01 Secession - A Smart Business Move!
http://www.scribd.com/doc/76877453/
Get Up, stand up, stand up for your rights! 
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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) 
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WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
 "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012)
http://www.scribd.com/doc/79572282/
* Foreclosure fraud: The homeowner nightmares continue” CNN (April 7, 2011)
* 
About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013” Bloomberg (January 2011)
* 
"...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." Prof Paul Krugman, MIT (2011)
http://www.scribd.com/doc/50753639/
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* 
"...judges tried and sentenced a staggering number of people for crimes they did not commit." 
Prof David Burcham, Dean, Loyola Law School, LA (2001) 
http://www.scribd.com/doc/29043589/
* 
"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."   Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) 
http://www.scribd.com/doc/27433920/
* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..." LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306 /
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."  United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/38566837/
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WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS 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 (2010)
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert 
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WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?
* 
"What goes on there is more like gulags of centuries ago." ACLU
http://www.scribd.com/doc/72546279/
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WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* 
"More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others." More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) 
http://www.scribd.com/doc/49586436/
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WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM? 
* 
"The American legal system has been corrupted almost beyond recognition..."  Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/50137887/
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WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice. Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/38472251/
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12-12-16 The official diagnosis: 'US pretty fucked'

 
Neil Barofsky                               Cristina Romer

The diagnosis by Neil Barofsky, former Inspector General of the banking bailout (TARP Board), is also the diagnosis of Cristina Romer, former Obama Chairman of Council of Economic Advisors, who is quoted saying on the same subject - the US was "pretty darn fucked",,, (also in the 
link below)


Mind you, these are people who ought to know... They were in bed with the US gov and the banksters, while the acts were consummated...

LINKS:


12-12-16 Torture, USA - Bush II, Obama, Manning, Padilla...



















"You give me a water board, Dick Cheney and one hour, and I'll have him confess to the Sharon Tate murders." - Jesse Ventura
"Answers to leading questions under torture naturally tell us nothing about the beliefs of the accused; but they are good evidence for the beliefs of the accusers." - C.S. Lewis
"No one has the right to ignite a war and lead an occupation and armies to conquer people, invading them and make them suffer all kinds of torture, murder, expulsion, displacement, bombing and terrorism by different lethal prohibited weapons and then come and speak as the savior of the people or a defender of their rights." - Muqtada al Sadr

A Mother's "Last Chance" at Justice:
José Padilla Torture Case Brought Before Human Rights Tribunal
By Deborah Francois, Sheng Li, and Alaina Varvaloucas
Padilla is the only American citizen to have been seized on U.S. soil, detained as an enemy combatant, kept in incommunicado military detention, and tortured.
http://www.informationclearinghouse.info/article33299.htm

Manning Was Treated Like an 'Animal' Attorney Says
By Julie Tate
"The fact that Manning's spirit is not broken is amazing," Coombs said. "Being treated as a zoo animal for that period of time has to weigh heavily on the psyche."
http://www.informationclearinghouse.info/article33300.htm
Why We Torture
By Gareth Peirce
The worst excesses of the last ten years, should have sounded loud alarms.
http://www.informationclearinghouse.info/article33302.htm
Judge Rules Torture Testimony Can Be Censored
ByKevin Gosztola
A military judge has ruled that statements made by defendants on trial for their involvement in the September 11th attacks could be censored if they make statements about how they were tortured or abused.
http://www.informationclearinghouse.info/article33304.htm

12-12-16 Bradley Manning: pre-trial hearing ends as case goes to military judge



The two-week hearing at Fort Meade, Maryland, lasted far longer than intended and turned into a dramatic spectacle in which Manning effectively turned his court-martial on its head and put the US military on trial. In his closing argument, the soldier's main civilian lawyer, David Coombs, said that the most amazing element of his nine-month solitary confinement under suicide-prevention restrictions at the marine brig in Quantico, Virginia, was that his spirit had remained unbroken. "Being watched or viewed almost as a zoo animal for that period of time has to weigh on somebody's psyche," Coombs told the court.
READ MORE:

12-12-16 Assange plans running for Australian Senate


Assange looks to contest Senate election


WIKILEAKS publisher Julian Assange has confirmed his intention to run as a Senate candidate in the 2013 Australian federal election and will announce the formation of a WikiLeaks political party early next year. Julian Assange: The Fugitive Nearly six months after he sought political asylum in Ecuador's London embassy, Mr Assange doesn't expect his circumstances to change soon. Although he thinks it "inevitable" that the United States government will eventually drop its espionage investigation into WikiLeaks, he fears such an outcome may be "several years away". In an interview with Fairfax Media, Mr Assange suggested the court martial of alleged WikiLeaks source, US Army Private Bradley Manning, now scheduled for March, would reveal "details " about how [US prosecutors] may have framed a case for conspiracy between " Manning and myself."

READ MORE:

12-12-16 UK banksters arrested in LIBOR case, when would the first US bankster be arrested?

We are still to see the conviction of any bankster in the UK, Europe.  However, the report, below, from the UK is encouraging.  In the US the banking/government racket is fully in control, so far the standard procedure is to arrest/prosecute/convict the whisleblowers... and any prospect of arrest/prosecution/conviction of a banksters is still only a dream...  JZ

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A former UBS and Citigroup banker and two others had their homes raided early on Tuesday morning and were taken in for questioning as part of the Serious Fraud Office investigation into the manipulation of Libor interest rates. The intervention came amid mounting speculation that the Financial Services Authority is preparing to take action against a number of banks in relation to Libor setting. The SFO and City of London police arrested three men aged 33, 41 and 47 after searching a house in Surrey and two properties in Essex. The three were taken to a London police station to be interviewed "in connection with the investigation into the manipulation of Libor". The three are understood to be Tom Hayes, who has worked for a number of banks including UBS and Citigroup, and two men who worked for City-based inter-dealer broker RP Martin -- Terry Farr and Jim Gilmour...

READ MORE:

12-12-16 Iceland as the gold standard (pun intended) for beating the bankster/government racket


By C C
IN response to a failed banking system, caused by privatization, in October 2008, Iceland's revolution against this financial tyranny began, rather casually in the street, in front of the Icelandic general assembly. Over a 5 month period, months, the main bank of Iceland was nationalized, government officials were forced to resign, the old government was liquidated, and a new government was put in its place. 200 were arrested

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12-12-16 Robert Reich - The Billionaires' Long Game


Writers, such as Robert Reich, below,  engage in self-denial, pretending that they are clairvoyance of future conditions, when in fact, they are describing the immediate past.  
The game is pretty much over, since the billionaires have already got the golden rign in Citizens United.  
Similar are the multiple reports with titles such as, 'Is the US sliding into a police state?'
I consider such writing false and misleading.
jz
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If and when they eventually win, these billionaires will clean up. Their taxes will plummet, many laws constraining their profits will disappear, and what's left of labor unions will no longer intrude on their bottom lines. And they have enough dough to keep betting until they eventually win. That's what it means to be a billionaire political investor: You're able to keep playing the odds until you get the golden ring.

READ MORE: