Los Angeles, April 21 - in a recent column, the New York Times Pulitzer-prize winner Gretchen Morgenson questioned the failure of the US to prosecute any of the top figures in the ongoing financial crisis. [[i]]
In response, Joseph Zernik, PhD, of Human Rights Alert (NGO), offered Morgenson an explanation, which they had discussed already in early 2008:
There is no way to criminally prosecute banking executives in the courts - effectively, due to widespread corruption of the courts, banking executives are vested in immunity.
The evidence of corrupt practices in the state and US courts in cases involving Countrywide and later Bank of America is extensive:
- In January 2008 - Countrywide collapsed, following the publication of a report by Morgenson in the New York Times regarding the filing of "Recreated Letters" as evidence by Countrywide attorneys in the US Bankruptcy Court in Pennsylvania. [[ii]]
- In March 2008 - The Honorable Jeff Bohm's Memorandum Opinion in the US Bankruptcy Court in Texas, detailed a year-long study of the litigation practices of Countrywide in courts across the United States and documented various litigation fraud methods employed by the bank and its attorneys, summarized as "disregard for the professional and ethical obligations of the legal profession and judicial system". (p8) [[iii]]
- The 2009-10 litigation of SEC v Bank of America in the US District Court in New York, which was widely reported as enforcement of banking regulation, was later opined as Fraud on the Court. [[iv]]
- In May 2010 - Evidence of racketeering in the courts by Countrywide and BofA, including direct involvement by Sandor Samuels (then Countrywide's Chief Legal Officer, later BofA Associate General Counsel), and Brian Moynihan (then BofA General Counsel, today BofA President) was filed with US law enforcement. [[v]]
- In April 2011 - Bank of America was caught again engaging in the same practices in the Los Angeles Superior Court. [[vi]]
In most of these cases state and US judges colluded with the banks:
- US Judge Virginia Phillips and US Magistrate Carla Woehrle in the US District Court, Central District of California; US Judge Jed Rakoff in the US District Court, Southern District of New York;
- A long list of California Judges including, but not limited to Jacqueline Connor, John Segal, Alan Goodman, Terry Friedman, Gerald Rosenberg, Charles McCoy, Stephen Czuleger, and Peter Meeka in the Los Angeles Superior Court, and the justices of the California Court of Appeals, 2nd District.
Corruption of the courts was related in all these cases to falsification of court records, facilitated by fraudulent computerized record keeping systems in the state (eCourt and Sustain) and US courts (PACER and CM/ECF), and collusion by the clerks of the courts.
Dr Zernik's opinion regarding fraud in computers of the state and US courts were supported by international experts. [[viii]] More recently, he requested Harvard Law Professor Prof Yochai Benkler, an expert on computers and the law, to review the evidence. [[ix]]
"Countrywide and Bank of America executives are linked through such cases to a wide network of corrupt law-firms, and corrupt state and US judges," says Dr Zernik, "The widespread corruption of the US justice system is a key factor in the financial crisis, which is often overlooked". [[x]]
Corruption of the US justice system as a central factor in the financial crisis is the subject of his presentations in the upcoming World Criminology Congress, papers, previously published in an international, peer-reviewed computer science journal, and a report, adopted by the United Nations Human Rights Council. [[xi]]
"Like the Great Depression a century ago, the current financial crisis is a system-wide integrity crisis." Accordingly, he concludes that unless integrity of the US justice system is addressed, socio-economic and civil society conditions in the United States are unlikely to improve.
[i] 11-04-14: Morgenson - In Financial Crisis, No Prosecutions of Top Figures - NYTimes
[ii] 08-01-08 Case of Borrower Hills (01-22574) in the US Bankruptcy Court, Eastern District of Pennsylvania: Countrywide's three "recreated letters", transcript, and news reports:
[iii] 08-03-05Case 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:
1) 10-12-08 Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) - Request No 1 for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York
2) 10-12-19 Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) - Addendum to Request No 1 for Investigation-impeachment of Judge Rakoff and Clerk Krajick
3) 11-02-05 Lindner v Amex (1:10-cv-02228) - Request No 2 for Impeachment of Judge JED RAKOFF Clerk RUBY KRAJICK, US District Court, Southern District of New York
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/30975368/2) 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
1) 11-04-17 PRESS RELEASE: Lomas v Bank of America (KC059379) - Fraud turns into Extortion in the Los Angeles Superior Court
2) 11-04-15 Press Release: Lomas v Bank of America (KC059379) - Lomas files for disqualification of Judge Meeka, calls 'quits' to charades in the Los Angeles Superior Court
3) 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
1) 07-12-17 Samaan v Zernik (SC087400) David Pasternak: Grant Deeds in re: 320 South Peck Drive, Beverly Hills, CA 90212, opined as fraud by James Wedick
2) 08-08-21 Samaan v Zernik (SC087400) Email letter by highly decorated FBI veteran James Wedick regarding FBI's refusal to provide Dr Zernik equal protection
1) 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
2) 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)
[ix] 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
[x] 11-04-12 PRESS RELEASE: Bribing of State and US Judges by Bank of America Must be a Serious Concern!
1) Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States - 16th World Criminology Congress
2) Joseph Zernik, PhD - Corruption of the Courts and the Legal Profession in California Noted in a 2010 United Nations Report - 16th World Criminology Congress
3) 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)
4) 10-08-18 Zernik, J: Data Mining as a Civic Duty - Online Public Prisoners' Registration Systems, International Journal on Social Media: Monitoring, Measurement, Mining 1: 84-96 (2010)
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, with reference to "corruption of the courts and the legal profession".
Joseph Zernik, PhD
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.
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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."
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)
* "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)
* "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)
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)
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)
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)
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)
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)