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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

Wednesday, April 13, 2011

11-04-14 Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the courts // Profesor de derecho de Harvard se le pide que opine sobre el fraude en las computadoras de los tribunales // 哈佛大学法学教授被要求欺诈法院认为现时的电脑

Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the courts

Computer systems enable the routine churning out of fraudulent records in both the state and US  courts.  The key systems are Sustain and eCourt in the state courts, and PACER and CM/ECF in the US courts.  Prof Yochai Benkler of Harvard Law School, an expert on computers and the law, has been asked to provide an opinion.


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Los Angeles, April 14 - "If for no other reason, the case of Lomas v Bank of America in the Los Angeles Superior Court is important," says Joseph Zernik, PhD, of Human Rights Alert (NGO), "for clearly documenting the pervasive fraud in the computerized records of the Los Angeles Superior Court".

In Lomas v Bank of America Plaintiff Susan Lomas is trying to protect her rights against alleged fraud by Bank of America and others in foreclosure procedures.  The litigation is opined by Dr Zernik as Fraud on the Court through collusion of BANK OF AMERICA CORPORATION, California Judge PETER MEEKA, and Clerk of the Court JOHN A CLARKE, aimed to dispossess Lomas, while denying her due process and access to an honest court. [[i]]

"Judge Meeka and the Clerk of the Court created false online 'Case Summary', which would falsely lead a naive person to conclude that true litigation is being conducted", says Dr Zernik, "but the 'Minutes' show that none of it was considered by the court itself as real litigation".

The online "Case Summary", produced through the e-Court system by Sustain Technologies, Inc, listed a series of proceedings and the corresponding rulings.  The "Minutes" of the same proceedings were recorded through the Sustain case management system of the same company.  The "Minutes" show that Judge Meeka routinely listed the proceedings as "off of the record", and that none of the minutes were certified by the Clerk of the Court.

An extreme example was found in the April 8, 2011 "proceeding", when Plaintiff Lomas tried to protect her due process rights.  The "Case Summary" (Figure 1) for that date shows: "Department O, Meeka, Peter J Presiding, Exparte proceeding - Denied".


Figure 1: April 8, 2011 "Ex Parte Proceedings" for due process rights - excerpts from the online "Case Summary" of the eCourt system of the Los Angeles Superior Court. 

The "Minutes" (Figure 2) for the same "proceeding" show an empty minutes form, with the date of "00/00/00", no case caption or number, no judge, no department, no deputy clerk listed, and no proceeding or ruling either.


Figure 2: April 8, 2011 "Ex Parte Proceedings" for due process rights -  "Minutes" from the Sustain system of the Los Angeles Superior Court.
"Sustain is opined as a large-scale computer fraud" says Dr Zernik.  His opinion in this matter was supported by a world-renowned computer science expert. [[ii]] 

The system originated around 1985 in Los Angeles, California.  According to Sustain Technologies, Inc, the system is by now implemented in the courts of 11 states. [[iii]] Sustain Technologies, Inc itself is a wholly owned subsidiary of the Daily Journal, the largest legal daily in California, which is believed to be controlled by the California Bar Association.

Computer fraud is not unique to the state courts.  The US courts have installed an online public access system (PACER) and case management system (CM/ECF) in the early 2000s.  "The principle is the same.  The courts routinely publish online records that are fraud, while keeping a separate system for the court, which shows, which records are real, and which ones are not" says Dr Zernik.  His opinion of fraud in PACER and CM/ECF was published in an international computer science journal with an Editorial Board listing scholars from six European nations and Canada, including Director of IBM Research Center in Ireland. [[iv]]  Leading law and technology journals in the United States refused to review papers on the subject.

Dr Zernik also produced detailed review of the fraud in conduct of litigation in cases of the highest public policy significance, which were repeatedly reported in both US and international media, including, but not limited to the litigation of SEC v Bank of America Corporation in the US Court in New York by Judge Jed Rakoff. [[v,vi]]
The best example, showing the systems working together to abuse Human Rights, according to Dr Zernik, remains the case of the arrest and habeas corpus petitions of the 70 year-old former US prosecutor Richard Fine.  Richard Fine exposed and rebuked the taking by Los Angeles judges of "not permitted" payments ("bribes"). 

On March 4, 2009, media reported that a "Sentencing Proceeding" was conducted in the Los Angeles Superior Court.  However, the online "Case Summary" in eCourt had no listing of such proceeding at all, and the Court continues to deny access to the Register of Actions (California civil docket) of the case in Sustain.

Later, Richard Fine was held for 18 months in solitary confinement by the Los Angeles Sheriff's Department.  However, the online Inmate Information Center listed him as imprisoned on location and by authority of the non-existent "Municipal Court of San Pedro". 

Fine's habeas corpus petition in the US District Court in Los Angeles and the US Court of Appeals, 9th Circuit, appeared as true litigation in the online PACER records, but were replete with unsigned, uncertified - invalid court records. [[vii]]

In 2010, Dr Zernik authored a report on Human Rights in Los Angeles County, California, which was submitted to the United Nations Human Rights Council for the first ever Universal Periodic Review of Human Rights in the United States. The report was based in part on review of the large-scale fraud in the records of the courts and prisons in Los Angeles County.  His report was later incorporated into the official Staff Report of the United Nations, with a note regarding "corruption of the courts and the legal profession". [[viii]]

Dr Zernik is going to deliver two lectures on the subject in the upcoming World Criminology Congress. "Corruption of the US justice system is one of the key factors in the current world economic crisis, which the main subject of the Congress," he explains.

While internationally, Dr Zernik's opinions are re-affirmed, US experts have so far been reluctant to opine on the matter.  Law Dean Erwin Chemerinsky of the University of California, and Law Dean Martha Minow of Harvard University have previously refused to provide an opinion. The former claimed that he had no expertise in computers and court administration, and the latter claimed that she was prevented from opining on the matter due to her position as Harvard Law Dean.  Most recently, Dr Zernik has asked Prof Yochai Benkler of Harvard Law School, an expert on computers and the law, to opine on the matter.

Prof Benkler was one of the authors of the recent letter regarding the humiliation of Private Bradley Manning. "Prof Benkler has shown courage in highlighting the abuse of the Human Rights of Private Manning.  I hope that he would also be willing to review the evidence of abuse of Human Rights of all in the United States," says Dr Zernik.

LINKS:
[i] 11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in the Los Angeles Superior Court
http://www.scribd.com/doc/51160102/ 
11-04-07 PRESS RELEASE: Lomas v BofA (KC059379) - Judge Meeka is Requested to Restore Due Process, Declare Any Benefits from BofA
http://www.scribd.com/doc/52494342/
11-04-12 PRESS RELEASE: California Judge Peter Meeka Refuses to Disclose Financial Benefits to Him by Bank of America, Accord Due Process
http://www.scribd.com/doc/52846502/
11-04-13 PRESS RELEASE: Lomas v BofA - BofA, Brian Moynihan Are Asked to Name Their Attorney of Record in the Los Angeles Superior Court
http://www.scribd.com/doc/52921960/
[ii] 09-04-20 Prof Eliyahu Shamir's Opinion Letter re: Sustain - the Case Management System of the Superior Court of California, County of Los Angeles
http://www.scribd.com/doc/46069337/
09-04-20 Prof Eliyahu Shamir, Hebrew University, Jerusalem, directory information
http://www.scribd.com/doc/30454039/
[iii] Sustain Technologies
http://www.sustain.net/
[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)
http://www.scribd.com/doc/38328585/
[v] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States
http://www.scribd.com/doc/44663232/
[vi] 11-02-09 'Don't Ask, Don't Tell": the US Court of Appeals, 9th Circuit Insists on Conducting a Pretense Appeal from a Pretense Judgment of the US District Court
http://www.scribd.com/doc/49070315/
[vii] 10-04-20 Fine v Baca (09-A827) at the US Supreme Court: Motion to Intervene and related papers: Motion to Intervene and related papers
http://www.scribd.com/doc/30304657/ 
http://www.scribd.com/doc/30161573/  
http://www.scribd.com/doc/30161636/ 
http://www.scribd.com/doc/30162109/ 
http://www.scribd.com/doc/30162144/ 
http://www.scribd.com/doc/30161692/ 
http://www.scribd.com/doc/30185575/ 
[viii] 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, with reference to "corruption of the courts and the legal profession".
http://www.scribd.com/doc/38566837/

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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