10-12-30 Fraud on the Court Opined in Litigation in Civil Rights Matter, US District Court, Colorado // Fraude opinó en Litigios de Derechos Civiles en los EE.UU. Tribunal de Distrito de Colorado // 欺诈诉讼中认为民权的美国地区法院，美国科罗拉多州

10-12-30 Fraud on the Court Opined in Litigation in Civil Rights Matter, Presided by US Judge Christine Arguello, US District Court, Colorado

 

US Judge Christine Arguello

US District Court, Colorado

Los Angeles, December 30 – Joseph Zernik, PhD, of Human Rights Alert (NGO), issued a report opining Fraud on the Court in litigation of Lewis et al v. Gleason et al (1:10-cv-01850) in the US District Court, Colorado. [i]

Gerald Lewis and Alison Maynard, in pro se, filed complaint pursuant toDeprivation of Rights under the Color of Law 42 USC §1983 in the US District Court, Colorado, against John Gleason, Counsel at the Colorado Supreme Court Office of Attorney Regulation and others, including, but not limited to, Justices of the Colorado Supreme Court William Lucero, Mary Mullarkey, Gregory J. Hobbs, Jr. , and Michael Bender.

The matter arose from disciplinary actions taken against Maynard and her former client Lewis, alleged by the Plaintiffs as deprivation of rights and retaliation for exposing corruption in the State of Colorado courts.

The US District Court docket lists US Judge Christine M. Arguello as Presiding Judge in the case.  According to the Denver Post, Judge Arguello was set in 2009 for a US Supreme Court Justice position. [ii] US Magistrate Michael J. Watanabe is listed as presiding by reference in the case.

The report was based on examination of the PACER (the Court’s online public access system) records in the case. 

The report noted that the records examination was incomplete, since the PACER docket excludes all the electronic certificates of authentication/attestation by the Clerk of the Court.

Regardless, the report concluded:

[S]ufficient evidence is found in the docket and related records of Lewis et al v. Gleason et al (1:10-cv-01850) as detailed in 2), above, of notations of entry of records by individuals, whose names and authority are not spelled out in the PACER docket, pertaining to judicial and clerical records, which are patently invalid court records.

Therefore, Dr Zernik opines that the Docket Report of Lewis et al v. Gleason et al (1:10-cv-01850) is false and deliberately misleading, meticulously constructed to convey the perception of valid litigation, where in fact the evidence indicates that the litigation was and is deliberately invalid from its commencement.

The report recommended:

It is recommended that the Plaintiff report the conduct of US Judge Christine M. Arguello, US Magistrate Michael J. Watanabe, and Clerk of the US District Court Gregory C. Langham to the Public Integrity Section of the US Department of Justice and to the US Congress Committees on the Judiciary.

The report provided an overview of Dr Zernik’s experience in examination of computerized records, particularly computerized court records, and multiple instances, where his opinion of fraud was either re-affirmed, or supported by leading Fraud Experts or computer science scholars.

A report, which was submitted to the Human Rights Council of the United Nations by Dr Zernik on behalf of Human Rights Alert (NGO) in April 2010 was later incorporated in an official United Nations report with reference to “corruption of the courts and the legal profession and discrimination by law enforcement in California”.

LINKS

[i] 10-12-30 Lewis Et Al v Gleason Et Al (1:10-cv-01850) in the US District Court, Colorado – Opinion Regarding PACER Docket and Court Records in a Civil Rights Matter

http://www.scribd.com/doc/46087140/

[ii] 09-05-20 Judge Set for Supreme Courtship - Denver Post:
http://www.scribd.com/doc/46075559/

10-12-29 US refuses cooperation with Poland’s CIA ‘black site’ probe // EE.UU. se niega a cooperar con Polonia en la investigación de tortura de la CIA en Polonia // 美国拒绝与波兰合作调查美国中央情报局在波兰酷刑

International

US refuses cooperation with Poland’s CIA ‘black site’ probe

28.12.2010 13:40

A giant billboard has appeared on Ulica Żydowska in Poznan, designed by theAbnormals.org artistic group declaring “Welcome to Poland – where they torture people.”

The U.S. Department of Justice has rejected a request from prosecutors in Warsaw for assistance in the investigation into the alleged CIA prisons in Poland, where captives claim they were tortured.

On 18 March, the Prosecutor’s Office of Appeal in Warsaw filed a motion for legal assistance from the US Department of Justice into the probe. 

On 7 October, reports the PAP news agency, the US informed prosecutors that the motion had been rejected on the basis of the international Agreement on Mutual Legal Assistance in Criminal Matters and that the U.S. authorities consider the matter “to be closed”.

According to the agreement, a country has the right to refuse to provide legal assistance if the execution of the request would encroach on this country’s security or another interest of this country.

The revelation that the US will not be cooperating with the investigation into the alleged black site, thought to have been in northern Poland near the Szymany air base, comes after a second man followed al-Qaeda suspect Abd al-Rahim al-Nashiri in asking prosecutors in Warsaw to look into his case.

"According to the information we have, Abu Zubaydah was one of those people detained and interrogated by the CIA somewhere on the territory of Poland," Polish lawyer Bartlomiej Jankowski told journalists in the Polish capital earlier this month.

Both Zubaydah and Nashiri are both currently being held at the U.S. military jail at Guantanamo Bay in Cuba.

Despite denials from former president Aleksander Kwasniewski and former prime minister Leszek Miller that they knew of the CIA activity in Poland, air traffic control in warsaw published a report stating that at least six CIA flights had landed at a disused military air base in northern Poland in 2003.

Two aircraft, a Boeing 737 and a Gulfstream V, were US-registered and previously known to be part of CIA operations. (pg/mg)

10-12-29 Florida: Corruption of the Courts and the Legal Profession - with Impunity! // Florida: La corrupción de los Juzgados y la Profesión Legal - con la impunidad! // 佛罗里达州：腐败的法院和法律界- 与有罪不罚！

Jack Schramm Cox
Circuit Judge
Martin County, Florida

Several investigations are currently underway of alleged corruption of the courts and the legal profession in Florida.
In one of them, the Florida Attorney General is investigating alleged "deceptive practices" through filing of fabricated legal records by a large Florida law firms as part of foreclosure proceedings, in order to obtain judgments against homeowners.
In a recent ruling by Judge Cox, the Florida Attorney General was prohibited from investigation such alleged corruption, under the rationale that pursuant to the Florida Constitution, only the court has authority to regulate admissions to the bar.
In business terms the model would be called vertical integration or synergy.

In organized crime terms such business model would be called protection.

LINKS:
[1] 10-12-23 State of Florida Attorney General v Fishman & Shapiro, LLP (4DI0-4526) in the Florida Court of Appeals Fourth District, Petition and Response on Writ of Certiorari, and AG Press Releases
http://www.scribd.com/doc/46058350/

10-12-28 Most Popular Publication in 2010: Countrywide, Bank of America (NYSE:BAC), and its President Brian Moynihan - Compilation of Records - Evidence of Racketeering // Extorsión por Bank of America: Los más populares en 2010 // 2010年最热门：敲诈勒索被美国银行

Most Popular Publication in 2010
Countrywide, Bank of America (NYSE:BAC), and its President Brian Moynihan - Compilation of Records - Evidence of Racketeering
Los Angeles, December 28 - a paper that is largely a compilation of records produced by or on behalf of Countrywide, BofA, and its President Brian Moynihan, continues to gain in popularity. [1]  Published in May 2010, it is by far the most read record on the Human Rights Alert Scribd site, with over 12,000 readers. The paper alleges that combined, the records provide sufficient evidence for indictment of Countrywide, BofA, and Brian Moynihan for racketeering in the Superior Court of California and the US District Court, Central District of California.

The paper claims that Moynihan's direct involvement in the racketeering started on his first day as General Counsel of BofA in December 2008.

On December 10, 2008, Mr Timothy Mayopoulos was summarily dismissed as General Counsel and was escorted out of the BofA headquarters by security in the midst of negotiation of the BofA merger with Merrill Lynch.  Brian Moynihan, with little or no experience in the practice of the law was immediately appointed as his successor.

The matter was later subject of probes by the US Congress, by New York Attorney General Andrew Cuomo, and by the US District Court in New York.  All of these probes seemed to lead nowhere.  In contrast, the paper, which was published by Human Rights Alert, produces evidence that Mayopoulos objected to the alleged racketeering in the California courts, as practiced by Countrywide, and brought it to a halt following the July 1, 2008 takeover of Countrywide by BofA.  Such conduct was renewed in full force within 24 hours after Mayopoulos's dismissal and Moynihan's appointment in December 2008.

In second place among papers published in 2010 on the Human Rights Alert Scribd site (with over 11,000 readers) is a letter to the Chairs of the US Congress Judiciary and Banking Committees, asking them to join Inquiries by California Senator Dianne Feinstein on the Controller of the Currency and on the US Department of Justice Inspector General, pertaining to the conduct of Bank of America in the California courts. [2]
In January 2011, WikiLeaks promised to release records of a major US bank, believed to be BofA, which would provide evidence serious violations of the law.  The Human Rights Alert publications have already provided clear and abundant evidence of such conduct by BofA and its senior executives.  US mainstream media appear reluctant to report on the matter.  Of note, a New York Times editorial this week also expressed concerns of retribution by BofA against the New York Times, if it publishes the WikiLeaks banking papers in January 2011.

In third and fourth places (with over 8,000 readers each) among Human Rights Alert 2010 publications are two papers providing evidence of large-scale false imprisonments in the Los Angeles jails. [3, 4]
Combined, the papers paint a picture of serious violations of Human Rights by the justice system and refusal of the US government to enforce the law in California.

A short report, regarding the California justice system, produced by Human Rights Alert in April 2010, was incorporated into an official United Nations report with reference to "corruption of the courts and the legal profession and discrimination by law enforcement in California." [5]

LINKS:
[1] 10-05-05 Countrywide, Bank of America (NYSE:BAC), and its President Brian Moynihan - Compilation of Records - Evidence of Racketeering
http://www.scribd.com/doc/30975368/ Reads: 12028
[2]  10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein�s Inquiries on Comptroller of the Currency and US Dept of Justice Inspector General
http://www.scribd.com/doc/30979882/ Reads: 11314
[3] 10-01-05 Los Angeles County Sheriff's Department: Online Inmate Information Center - Data Survey - John Smith
http://www.scribd.com/doc/24816245/ Reads: 8407
[4] 10-01-04 Los Angeles County Sheriff's Department: Online Inmate Information Center - Data Survey - Jose Martinez
http://www.scribd.com/doc/24809956/ Reads: 8324
[5] 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:
http://www.scribd.com/doc/38566837/
 
Human Rights Alert 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 County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.

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?*     "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/
*   "...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/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California." http://www.scribd.com/doc/38566837/

10-12-27 Los Angeles: Hallelujah: Jeremy Marks is Out of Jail! // Los Angeles: Aleluya: Jeremy Marks es salir de la cárcel! // 洛杉矶：哈利路亚：杰里米商标是出狱！

Prison Culture

How the PIC Structures Our World…
http://www.usprisonculture.com/blog/2010/12/27/hallelujah-jeremy-marks-is-out-of-jail/

Hallelujah: Jeremy Marks is Out of Jail!

A couple of weeks ago, I wrote about the case of Jeremy Marks.

Jeremy, a high school senior, was arrested and charged with “attempted lynching” for using his cell phone to capture an altercation between a police officer and one of his classmates. For over 8 months now, young Jeremy has been behind bars because his family could not afford to post his bail.

Thankfully, a good Samaritan posted Jeremy’s bail last week so that he could spend Christmas with his family.

A Google engineer from San Francisco heard about Marks’ plight, in an exclusive story by Katharine Russ for LA Weekly that created widespread outrage. Here’s why the Google engineer, Neil Fraser, posted $50,000 to get the 18-year-old out of the tough, adult, Pitchess Detention Center:

Neil Fraser is tentatively slated to appear Sunday, Dec. 26 on MSNBC to talk about why he helped a stranger — a boy with a troubled background whose parents transferred him to Verdugo Hills to help him get a fresh start. Fraser also put $1,500 toward Marks’ defense, which was matched by Google.

In Mr. Fraser’s own words:

Short version of the story:

1. Cop catches 15 year old kid smoking at a bus stop in LA.
2. Cop beats up kid, slams his head into the bus and uses pepper spray.
3. More cops arrive. Kid is released without charge.
4. During the incident, several bystanders start recording videos of what the cop is doing.
5. Cops pick Jeremy Marks, a 17 year old student, and arrest him at gunpoint (destroying the evidence on his phone in the process).
6. Since photographing police is still legal in California, they charge him instead with “attempted lynching of a police officer”.
7. The prosecutor makes an offer: plead guilty and he’ll only serve seven years. He declines.
8. Jeremy is thrown in jail, bail is set at an extortionate amount his family can’t afford.
9. He sits in jail for seven months awaiting trial.
10. I hear about the case on Reddit and provide the collateral to get Jeremy out of jail and back to his family for christmas.

First a word to Mr. Fraser… God Bless...

10-12-27 Guantanamo - Indefinite Terrorist Detentions // Guantánamo - Detenciones indefinidas terroristas // 关塔那摩-无限期拘留恐怖

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Information Clearing House NewsletterNews You Won't Find On CNN
December 27, 2010~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
===

Gibbs: Indefinite Terrorist Detentions Regrettable
By Politico
White House press secretary Robert Gibbs says it's unfortunate that some terrorist suspects at Guantanamo Bay need to be held indefinitely without trial.
http://www.informationclearinghouse.info/article27137.htm

===

Change? What Change?
Executive order for detainee reviews being drafted: 
Such an order would be further acknowledgment by Obama that his campaign pledge to close Guantanamo Bay will remain unfulfilled for the foreseeable future
http://wapo.st/gMPhIk

10-12-27 Judgment in the ‘Don’t Ask, Don’t Tell’ Policy Claimed to be Invalid // El presunto fraude en los EE.UU. Corte de California // 欺诈的指称美国加州法院

US Judge Virginia Phillips

US District Court, Central District of California

Los Angeles, December 27 – “Don’t Ask, Don’t Tell” litigation has been conducted out of compliance with United States law, and the October 12, 2010 Judgment of the US District Court is void, according to a Motion to Intervene filed by Joseph Zernik, PhD, of Human Rights Alert (NGO) with the US Court of Appeals, 9^th Circuit. [1]

Appeals from both parties in Log Cabin Republicans v USA et al (10-56634 and10-56813) are currently before the US Court of Appeals, 9^th Circuit.   There are many flaws with the District Court litigation.  The most significant are:

·        The Clerk of the US District Court refuses to certify the docket of the case.

·        The Clerk also refuses to provide the copies of the electronic certification records of the two opposing judgments, which appears to be in violation of First Amendment rights.

The docket of the US District Court documents litigation that was conducted out of compliance with the law:

·        No record is available in the docket of the complaint or of the summons, which is required by U.S. law. 

·        No record is avaliable of execution or waiver of the service of the summons. 

·        No valid Assignment Order for a Presiding Judge is found in the docket. Therefore, it appears that the two judges, who appeared as Presiding Judges in the case, did so without authority.

·        The two judges issued two opposing judgments:  The first judgment, issued in 2006 by Judge George Schiavelli, was in favor of the United States of America, and dismissed the Log Cabin Republicans’ complaint. It was entered in the Judgment Index of the US District Court, and consequently the case was considered closed.  Judge Schiavelli’s Judgment was not overturned.  A second judgment, issued four years later, in 2010, in the same case by Judge Virginia Phillips, was in favor of the Log Cabin Republicans.

The judgment by Judge Phillips is the now the basis for the appeals in the US Court of Appeals. 

The Motion to Intervene by Dr Zernik claims that Judge Phillips’ ruling is invalid and void and cannot be the basis for an appeal.  Any objections to the judgment should be deemed moot, or irrelevant, because the judgment itself is void. Therefore, the appeals by both parties should be dismissed.

The case has many similarities to a previous case that was brought before Judge Phillips in 2008, Zernik v Connor et al, in the U.S. District Court.

Zernik v Connor et al is a case that went before Judge Phillips in U.S. District Court and alleged corruption of litigation in California Superior Courts by Bank of America.

However, in Zernik v Connor et al Dr Zernik did manage to access theelectronic certificates of authentication/attestation by the Clerk, where access was denied in Log Cabin Republicans v USA et al. The electronic certificates of authentication/attestation of the minutes, the orders, and the judgment inZernik v Connor et al were all invalid, without exception.  Therefore, theelectronic certificates of authentication/attestation in Zernik v Connor et alprovide conclusive evidence of the conduct of invalid litigation in the US District Court through collusion of Judge Virginia Phillips and Clerk Terry Nafisi.

The corrective actions sought by the Motion to Intervene in both cases are also the same: declarations by the US Court of Appeals, 9^th Circuit, that Judge Phillips’ judgments in both cases are null and void, since she appeared as Presiding Judge with no authority, and the judgments in both cases are uncertified.

The Motion to Intervene also aims to restore the Clerk’s accountability for the integrity of the online electronic court records.  The measures would prevent the conduct of invalid proceedings in the US District Court, as seen in both Log Cabin Republicans v United States of America et al, and Zernik v Connor et al. 

Through the Motion to Intervene Dr. Zernik and Human Rights Alert also seek to restore public access to the electronic certificates of authentication/attestation by the Clerk (NEFs – Notices of Electronic Filing), which are public records. 

If the U.S. Court of Appeals rules on the Motion to Intervene, the decisions may exert profound impact on the integrity of the US courts in California and beyond.

Dr. Zernik and Human Rights Alert have previously filed requests with the US Congress to initiate investigation and impeachment proceedings against Judge Virginia Phillips and Clerk Terry Nafisi of the US District Court for the conduct, such as seen in Log Cabin Republicans v USA et al and Zernik v Connor et al.

The Motion to Intervene has been filed also with the US Congress Judiciary, Armed Services, and Finance Committees.  In filing the papers with the US Congress, Dr Zernik alleges that conduct of Judge Virginia Phillips and Clerk Terry Nafisi undermines the Rule of Law, and with it - Civil Rights, Banking Regulation, and management of the Armed Services.

LINKS

[1] 10-12-27 Log Cabin Republicans v USA et al (10-56634 and 10-56813) in the US Court of Appeals, 9th Circuit, Dr Joseph Zernik's Motion to Intervene:

http://www.scribd.com/doc/45945087/

Human Rights Alert 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 County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.

http://www.scribd.com/Human_Rights_Alerthttp://inproperinla.blogspot.com/ 
http://human-rights-alert.blogspot.com/http://www.liveleak.com/user/jz12345