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"...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Raymond Brescia, a visiting professor at Yale Law School

* "Los Angeles County got the best courts that money could buy". KNBC (October 16, 2008) * "Innocent people remain in prison" LAPD Blue Ribbon Review Panel Report (2006) * Los Angeles County is "the epicenter of the epidemic of real estate and mortgage fraud." FBI (2004) * “…judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Loyola Law School, LA (2000) * “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.” Prof Erwin Chemerinksy, Irvine Law School (2000) * "Condado de Los Angeles tiene las mejores canchas que el dinero puede comprar".KNBC (16 de octubre de 2008) * "Las personas inocentes permanecen en prisión" LAPD Blue Ribbon Panel de Revisión Report (2006) * Condado de Los Angeles es "el epicentro de la epidemia de bienes raíces y el fraude de la hipoteca." FBI (2004) * "... Los jueces juzgado y condenado a un asombroso número de personas por crímenes que no cometieron." Prof. David Burcham, Loyola Law School, LA (2000) * "Esta es una conducta asociada con los dictadores más represivos y los estados de la policía ... y los jueces deben compartir la responsabilidad, cuando es condenado a personas inocentes." Prof. Erwin Chemerinksy, Irvine, la Facultad de Derecho (2000)

Thousands of Rampart-FIPs (Falsely Imprisoned Persons) remain locked up more than a decade after official, expert, and media report documented that they were falsely prosecuted, convicted, and sentenced in the largest court corruption sandal in the history of the United States...

Blue Ribbon Review Panel report (2006):

http://www.scribd.com/doc/24902306/

Nuestro derecho a acceso los expedientes publicos, nuestra libertad y nuestros derechos humanos fundamentales están todos conectados en las caderas!

10-10-01 Corruption of the California courts noticed by the United Nations

In summer 2010, the staff report of the Human Rights Council of the United Nations, as part of the first ever, 2010 UPR (Universal Periodic Review) of Human Rights in the United States, noticed and referenced the Human Rights Alert April 2010 submission, pertaining to "corruption of the courts, the legal profession, and discrimination by law enforcement in California".

10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States

Saturday, April 9, 2011

11-04-09 Loopholes for criminality in courts in the US // Las lagunas de la criminalidad en los tribunales de los EE.UU. // 在法庭漏洞,美国犯罪

 


Date: Sat, 09 Apr 2011 17:23:38 +0300

To: Whistleblower411@yahoogroups.com
From: joseph zernik 
Subject: Re: [Whistleblower411] Response on Loophole Help Request: Appearance of attorney, who is not authorized as Attorney of Record, with "no communications with client clause".

Hi Bill:

Here is a nice loophole for you, which undermines the integrity of the state and US courts from coast to coast, through the conduct of pretense litigation, where one of the parties is in fact never represented in court, but has an impostor appear in court instead.

When an attorney appears in court on behalf of a party, the attorney should be authorized as Attorney of Record for that party.  That means that the attorney is authorized to appear, sign and file papers on behalf of the represented party in court.

However, both US and state courts made the requirement for an attorney to clearly state that he/she is in fact Attorney of Record vague and ambiguous.

The result is that attorneys often appear in court on behalf of parties, while not authorized to do so - as impostors.  

This loophole may sound strange to you.  Regular citizens are not the beneficiaries of such loopholes.  The privilege is reserved for large corporations (particularly banks) and government officials.  The loophole permits attorneys to appear, file false papers, make false declarations, pervert justice, while their purported clients benefit from complete deniability of any criminality.


Needless to say, such criminal conduct is unlikely to take place absent collusion by judges and clerks of the state and US courts.

Examples:

1) Appearances of attorneys, who are not Attorneys of Record, with "no communications with client clause", as detailed in the March 5, 2008 Memorandum Opinion of the Hon Jeff Bohm from Texas, referring to appearances of outside counsel for Countrywide Financial Corporation in courts across the United States.  Judge Bohm summed it up as "disregard for the professional and ethical obligations of the legal profession and judicial system'. (p8) [1]

2) The habeas corpus petition of the 70 year old former US prosecutor Richard Fine.  Richard Fine exposed, publicized, and rebuked the taking by ALL judges of Los Angeles County of "not permitted" payments ("Bribes").  On March 4, 2009, he was arrested in open court in the Superior Court of California, County of Los Angeles, in the city of Los Angeles. Purportedly he was arrested for contempt of the court.  He was later held for 18 months in solitary confinement.  However, there were never any valid papers for his arrest and imprisonment.  Instead, he was held under false and deliberately misleading papers, stating that he was arrested and imprisoned on location and by authority of the non-existent "Municipal Court of San Pedro",

When Richard Fine filed his habeas corpus petition in the US District Court in Los Angeles, the Sheriff, named Defendant, refused to respond.  Instead, Attorney Kevin McCormick appeared in court, pretending to represent Judge David Yaffe and the Superior Court of California.  Attorney McCormick filed false papers, false declarations, to extend the false imprisonment of Richard Fine.  However, Attorney McCormick never filed any declaration by any of his purported clients in the case, and no record that was clearly obtained from the court file and his purported clients in the case either.  As later turned out, Attorney McCormick was never retained and never authorized to appear on behalf of Judge David Yaffe and the Superior Court of California. [2]

3) The loophole is employed as we speak, is the fraud perpetrated today in the Superior Court of California, County of Los Angeles, by Judge Peter Meeka, Bank of America, and Attorney Mark Asdourian against homeowner Susan Lomas.  Mark Asdourian appears and files papers on behalf of Bank of America in the case, while both he and Bank of America refuse to state that he is authorized as Attorney of Record for Bank of America.  In such appearances, Mark Asdourian filed false and deliberately misleading papers, to dispossess Susan Lomas, but never filed any declaration or any court paper signed by an officer of Bank of America. [3]
Needless to say, such conduct is unlikely to take place absent collusion by judges and clerks of the state and US courts. 

Joseph Zernik, PhD
Human Rights Alert, NGO
_______
LINKS:
[1] 08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by counsel who are not Counsel of Record, with "no communications with clients" clause"

[2] April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court: April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court
i) 10-04-20 Fine v Sheriff (09-A827) Face pages of five filings by Dr Joseph Zernik with stamps showing receipt by the US Supreme Court s
http://www.scribd.com/doc/30304657/ii) 10-04-20 Fine v Sheriff (09-A827) 1 Amended Motion to Intervene s
http://www.scribd.com/doc/30161573/10-04-18-Fine-v-Sheriff-09-A827-1-Amended-Motion-to-Intervene-siii) 10-04-20 Fine v Sheriff (09-A827) 2 Amended Request for Lenience by Pro Se Filer
http://www.scribd.com/doc/30161636/iv) 10-04-20 Fine v Sheriff (09-A827) 3 Amended Request for Corrections in US Supreme Court Records
http://www.scribd.com/doc/30162109/v) 10-04-20 Fine v Sheriff (09-A827) 4 Amended Request for Incorporation by Reference
http://www.scribd.com/doc/30162144/vi) 10-04-20 Fine v Sheriff (09-A827) 5 Amended Appendices
http://www.scribd.com/doc/34050423/
[3] 11-03-31Lomas v Bank of America (KC059379) Request and Response for Certification of Authority as Attorney of Record by Attorney Mark Asdourian s
http://www.scribd.com/doc/52516705/

_____
Human Rights Alert - NGO
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._______
Locations of visitors to this page
http://twitter.com/inproperinla http://www.scribd.com/Human_Rights_Alerthttp://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/http://www.liveleak.com/user/jz12345 
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
"...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." http://www.scribd.com/doc/50753639/Prof Paul Krugman, MIT (2011)
_____________________________
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/_____________________________
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/_____________________________
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
_____________________________
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/_____________________________
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/_____________________________
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/
_______
At 03:49 PM 4/9/2011, Bill Corcoran wrote: 

I need some examples of loopholes.

A loophole (aka "Escape Clause", "Escape Hatch", "Trapdoor.") is "A provision in a requirement that allows apparent violation of the requirement."

Some loopholes are necessary and desirable. Some are necessary, but not desirable.  Some are desirable, but not necessary. And, finally, some are neither necessary nor desirable.

The "outing" of loopholes can be a career limiting activity.

Please provide your favorite example.

If possible, provide a link.

Take care,

Bill Corcoran

Mission: Saving lives, pain, assets, and careers through thoughtful inquiry.
Motto: If you want safety, peace, or justice, then work for competency, integrity, and transparency. 
Method: Mastering Investigative Technology
W. R. Corcoran, Ph.D., P.E.
Nuclear Safety Review Concepts Corporation
21 Broadleaf Circle
Windsor, CT 06095-1634
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5 comments:

  1. What do you expect of a system that has evolved into a method of generating revenue, both public and private. The dispensation of justice is definitly not their main concern.
    Posted 10 mins ago by "CannibalsCookpot" (R)

    ReplyDelete
  2. one bunch of lawyers (criminals themselves) whinning about another gaggle of lawyers (more criminals) to another group of lawyers dressed in black dresses who call themselves your "masters" (judges)

    and to think they are all arguing over false premises of "laws" written by lawyers (majority of progressive politicians are lawyers) that were approved by another lawyer (progressive presidents are usually lawyers lately) and being ruled over by lawyers.

    The Constitution had based this country on a SEPERATION of Powers ... the Judicial (lawyers/judges) ... the Legislative (representatives of the people) ... the Executive (da prez!)

    Today they are all under the control of the judicial oligarchy aka lawyers --- there is NO seperation of powers any more.

    We are no longer a LAND of the FREE (The BRAVE at HOME are now waking up!)
    Posted 1 min ago by "angeldelamort" (R)

    ReplyDelete
  3. See, this is how we get fucked over by these guys again and again.
    I had trouble wrapping my head around that article, had to read it a few times to digest what it was saying, and I've got a College education.
    For the average Joe, this shit is incomprehensible -- just like it's designed to be.

    PS: Back in journalism school we actually had a class that focused on "legalese," the bullshit language lawyers use to discombobulate every who doesn't speak it.

    (Our lessons mostly focused on the language of search warrants, though, and how to fuck with lawyers and cops trying to get a hold of your sources or notes).

    I still can't speak it, let alone understand it.



    Posted 2 hours ago by "michael567" (R)

    ReplyDelete
  4. Dear Michael567:

    Sorry if it was too difficult.

    Think about it this way:

    Let's say I wanted to hire a hit man to kill you. But I did not want to get caught. So I would hire the hit man with a clause NOT to kill you, and another clause that the hit man is NOT permitted to ever talk with me about you. He is supposed to do his job on his own, with no connection with me at all. But the contract would say how much I pay once you are dead.


    This is more or less what they do in the courts day in and day out.

    The bank hires the attorneys, but tells them that they are not permitted to talk with the bank, and in the contract the attorneys ARE not authorized to appear for the bank in court.

    The attorney appears in court anyway, cheats and defrauds, and gets paid by the bank. But the attorneys did it on their own... The bank had nothing to do with it...

    The analogy is not perfect, but it is close... This is the best I can do for you.

    By the way, I am not an attorney at all... So don't blame my writing on the attorneys.

    I believe the problem may be with you. You don't have the criminal bent in your thinking...

    Joseph Zernik, PhD
    Human Rights Alert (NGO)
    Posted very recently by "jz12345" (R)

    ReplyDelete
  5. LOL

    No, I understood the article, just saying the reason corporations and banks get away with this kinda BS is most folk have so much trouble wrapping their heads around the legal double-speak, they don't even know they're being bamboozled, let alone how.
    The English language can be as precise or obscure as the writer wants it to be. I was inconcise in my wording, I guess.

    Once in a while these pricks get their come-uppence, but not often enough.

    AS far as I know, though, most folk know the law is for sale, as is that little whore, lady justice. :)

    Always has been, always will.

    Thanks for taking the time to spread the word about this and explain it to those of us unfortunate enough not to have PhD's, though, appreciate it.


    :p (USA)

    ReplyDelete

Please Sign Petition - Free Richard Fine // Por favor, Firme la petición - Liberar a Richard Fine

RICHARD FINE was arrested on March 4, 2009 and is held since then in solitary confinement in Twin Tower Jail in Los Angeles, California, with no records,  conforming with the fundamentals of the law, as the basis for his arrest and jailing.

Richard Fine - 70 year old, former US prosecutor, had shown that judges in Los Angeles County had taken "not permitted" payments (called by media "bribes"). On February 20, 2009, the Governor of California signed "retroactive immunities" (pardons) for all judges in Los Angeles. Less than two weeks later, on March 4, 2009 Richard Fine was arrested in open court, with no warrant. He is held ever since in solitary confinement in Los Angeles, California. No judgment, conviction, or sentencing was ever entered in his case.

Please sign the petition: Free Richard Fine -

http://www.thepetitionsite.com/1/free-fine