THE PROBLEM WITH THE CLERKS AT FEDERAL COURT IS THE EXTENT OF WHICH THEY HIRE YOUNG LAW SCHOOL STUDENTS. THESE STUDENTS ARE THINKING OF WHERE THEY ARE GOING TO WORK AFTER THEY GRADUATE. THEY THINK OF REFERENCES AND CONNECTIONS FOR EMPLOYMENT.
WHILE THIS SOUNDS GOOD AND WELL, THE ISSUE IS WHEN PRO SE LITIGANTS COME TO FEDERAL COURT, WHOM ARE THEY LITIGATING AGAINST ? THE SAME EMPLOYERS THAT THE CLERKS ARE APPLYING TO AND ASKING FOR REFERENCES.
ALL CIVIL RIGHTS ACTIONS IN FEDERAL COURT ARE AGAINST GOVERNMENT ACTORS AND OR THOSE THAT ARE WORKING WITH THE GOVERNMENT ACTORS.THE GOVERNMENT IS ALWAYS PART OF THE MIX AND THIS MIX IS WHOM THE CLERKS APPLY TO FOR EMPLOYMENT.
THOSE THAT WORK WITH THE CORRUPT GOVERNMENT IN REGARDS TO CIVIL RIGHTS VIOLATIONS SUCH AS LEGAL AID ARE HUGE ORGANIZATIONS THAT ARE MAJOR EMPLOYERS OF THESE LAW SCHOOL STUDENT CLERKS.
AS A MATTER OF FACT, AS CAN BE SEEN ON MY IMPEACH LETITIA JAMES .COM WEBSITE, JANET SABEL, CEO OF LEGAL AID WAS ALSO WORKING SIMULTANEOUSLY FOR 3 YEARS FULL TIME, 2ND IN COMMAND AT THE NYS ATTORNEY GENERALS OFFICE FOR LETITIA JAMES. SO WHEN I SAY WORK TOGETHER, THE CORRUPT GOVERNMENT AND ITS ACTORS IN MANY INSTANCES DO SO DIRECTLY WITH EACH OTHER AND NOT JUST TOGETHER AGAINST YOU, THE AMERICAN CITIZEN.
WHAT THIS ALL COMES DOWN TO IS SIMPLE. THE CLERKS ARE CONNECTED WITH THOSE WHOM YOU ARE LITIGATING AGAINST AND FEDERAL COURT COULD CARE LESS. THEY KNOW WHAT IS HAPPENING AND ALLOW THE CORRUPTION TO CONTINUE UNCHEKED.
THE CLERKS HAVE ABSOLUTE IMMUNITY FOR THEIR CONDUCT AS WELL. IT IS A TERRIBLE SITUATION.
THE ONLY OPTION YOU HAVE LEFT IN THIS CHARADE IS POSSIBLY FEDERAL APPEALS OR THE U.S. SUPREME COURT AND AS YOU KNOW, THEY HAVE TO BE WILLING TO " TAKE " YOUR CASE.
HENCEFORTH THE CONCEPT OF LIBERTY AND JUSTICE FOR ALL IS ACTUALLY LIBERTY AND JUSTICE FOR THE FEW THE GOVERNMENT HAS THE CONCERN AND TIME TO GIVE IT TO.
THE JUDICIAL SYSTEM OF THE UNITED STATES OF AMERICA IS A TOTAL PIECE OF FRAUDULENT S**T.
AND WHO DESTROYED THIS SYSTEM ?
TWO WORDS.
THE JUDGES.
THE JUDGES OF OUR COUNTRY DESTROYED OUR JUDICIAL SYSTEM AND THESE ARE THE FRAUDS WHOM DECIDE OUR CASES FOR VIOLATION OF OUR RIGHTS WHEN THEY THEMSELVES CHANGED OUR SYSTEM TO ENSURE WE HAVE NONE.
WHAT ABOUT APPEALS COURT YOU ASK ?
WELL, LET ME SHARE....
I PAID APPEALS COURT 505 DOLLARS.
I DID NOT KNOW ( AND TELL ME IF THIS INSANITY MAKES ANY SENSE TO YOU ) THAT YOU HAVE TO PAY THE FEDERAL LOWER LEVEL COURT THE CASE CAME FROM AND NOT APPEALS COURT !!!!
MAKES SENSE ? SO A CASE IS TRANSFERRED FROM ONE COURT TO ANOTHER AND YOU PAY THE COURT IT WAS TRANSFERRED FROM RATHER THAN TO !!!! NICE TRAP. VERY NICE. AND WHOS IDEA WAS THIS ?
THE JUDGES.
SO WHEN YOU SEND IT TO THE " WRONG " COURTHOUSE, WHAT DO THEY DO ? SEND IT BACK TO YOU WHICH ALSO DOESNT MAKE SENSE SINCE THEY COULD FORWARD IT TO THE RIGHT DEPARTMENT AND THIS IS WHERE IT GETS REALLY STUPID....
SO THEY SEND IT BACK TO YOU AND YOU DONT RECEIVE IT. YOU ASK THEM FOR A TRACKING NUMBER OF THE LETTER FOR THE 505 DOLLARS AND WHAT HAPPENS ?
THEY HAVE NOTHING. THATS RIGHT. NOTHING. THESE PIECES OF (*^%(*^* ACTUALLY TAKE YOUR 505 DOLLAR MONEY ORDER AND SEND IT OFF UNACCOUNTED FOR IN SOME BULK MAIL B.S.
SO HERE IS THE QUESTION...
SINCE THE MAIL IS COMING FROM THE UNITED STATES COURT OF APPEALS AND IS BEING SENT BY U.S. POSTAL SERVICE, CAN YOU EXPLAIN TO ME WHY THE UNITED STATES OF AMERICA CANNOT AFFORD TO SEND A LETTER VIA TRACKING THROUGH THE U.S. POSTAL SERVICE ?
OR, IS IT RATHER THAT THESE COURTS DONT GIVE A DAMN ABOUT YOU AND YOUR MONEY. WHOS FAULT IS THIS ?
ONCE AGAIN........
THE JUDGES.
THE FACT IS THAT THE JUDGES ARE IN CHARGE OF THE WHOLE OPERATION OF THESE FEDERAL COURTHOUSES AND HAVE INTENTIONALLY DEPRIVED OUR CITIZENS OF DUE PROCESS AND ABILITY TO REDRESS OUR GOVERNMENT FOR GRIEVANCES AS AFFORDED TO US IN THE CONSTITUTION. THE JUDGES THEMSELVES ARE IN CHARGE OF PRESENTING THIS FACADE OF ALL THEIR QUALIFICATIONS ALONG WITH THEIR PRETTY WEBSITES WHEN IN FACT, THEIR COURTHOUSES ARE A CORRUPT, DYSFUNCTIONAL MESS IN REGARDS TO THE AMERICAN CITIZEN AND A PRECISION CNC MACHINED FINE TOOTHED WHEEL WHEN IT COMES TO THE GOVERNMENT DEFENDANTS YOU LITIGATE AGAINST. AND WHY IS THAT ?
WELL, WHOM DO YOU THINK NOMINATES THESE JUDGES ? THE GOVERNMENT. ITS ALL ABOUT POLITICS AND GOVERNMENT WITH THESE PEOPLE AND YOU, THE LOWLY AMERICAN CITIZEN ISNT PART OF THE ATTORNEY MAFIA NOR THE GOVERNMENTAL SYSTEM THAT THE JUDGES THRIVE ON THROUGH THEIR NOMINATIONS, APPOINTMENTS, RECOMMENDATIONS AND CONNECTIONS. THE SYSTEM YOU ARE LITIGATING IN IS AN ABSOLUTE IMMUNITY FREE FOR ALL PIECE OF ALL GAS NO BRAKE CORRUPT S**T THAT THRIVES ON NOT LAW BUT RATHER A WHOM YOU KNOW, WHOM YOU BLOW SCENARIO MONITORED BY ABSOLUTE IMMUNITY, OUT OF CONTROL CORRUPT MONSTERS SUCH AS JUDGE REYES UNABASHED REFERENCE TO HIS OWN CHARACTER. THERE IS NO DOCTOR THAT COULD OPENLY REFER TO HIMSELF AS A MONSTER. HOWEVER, AS PROOF OF THE EXTENT OF THE CORRUPTION THAT EXIST OF WHICH THE CLERKS ARE EXPOSED AND TAKE PART IN, IS THAT A JUDGE CAN PUBLICLY REFER TO HIMSELF AS A MONSTER AND AN OXYMORON TO HIS JUDGE TITLE AND SUCH JUDGE IS UP FOR NOMINATION TO THE POSITION OF FULL JUDGE FROM MAGISTRATE JUDGE !!!
WHEN YOU LITIGATE AT FEDERAL COURT YOU WILL FIND SOMETHING THAT IS VERY STRANGE AND THAT IS, YOU HAVE THESE JUDGE FACES AND NAMES THAT ARE PRESENTED BEFORE YOU AS BEING YOUR JUDGE OR JUDGES. HOWEVER, YOU NEVER SEE THEM OR KNOW THEY EVEN EXIST TO BEGIN WITH ! BELOW, YOU WILL FIND AN ORDER FROM MAGISTRATE FEDERAL JUDGE REYES. IT BEARS NO SEAL, SERIAL NUMBER, TRUE SIGNATURE OR ANYTHING THAT ASSURES ITS AUTHENTICITY WHATSOEVER. VIEW THE FILE BELOW...
The Data Analytics paper details how a. SEC, headed by Mary Schaprio, b. Bank of America, headed by Brian Moynihan c. Judge Jed Rakoff, US District Court, Southern District of New York, and d. Ruby Krajick, Clerk of the Court colluded in fraud on the People in the litigation of Securities and Exchange Commission v Bank of America Corporation to exonerate banking executives, who unlawfully took USD 5.8 billion. The paper focuses on the features of the electronic record systems of the US courts, PACER and CM/ECF, which enable such fraud in the US courts from coast to coast. The paper claims that the large-scale fraud in the US courts amounts to unannounced regime change in the United States.
Barcelona, September 25 - a paper, detailing large-scale fraud in the electronic record systems of the US courts (PACER and CM/ECF), and focusing in particular on the employment of such fraud to undermine banking regulation, has been published by an international computer science journal, Data Analytics, following rigorous, anonymous peer-review by international computer-science academic scholars.
The US government has completed a decade-long project of transition to electronic administration of the US courts at a cost that is estimated at several billion US dollars. Record keeping under paper administration of the courts has evolved over centuries and formed the core of due process and fair hearing. The transition to electronic administration of the courts affected a sea change in such court procedures.
Two systems were implemented in the US district courts and US courts of appeals:
- PACER -- for Public Access to Court Electronic Records, and
- CM/ECF -- for Case Management and Electronic Court Filing.
Fraud in the state and US courts has been increasingly recognized as a key part of the current financial crisis. A legal expert opined, "" it's difficult to find a fraud of this size on the U.S. court system in U.S. history" I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." (Reuters) Concern has also been repeatedly voiced with the ineffectiveness of US banking regulation.
Under such circumstances, the Data Analytics paper inspects the information systems, implemented by the US courts, and their implications in the litigation of a landmark case under the current financial crisis, Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829).
In this case, the US Securities and Exchange Commission (SEC) purportedly prosecuted Bank of America Corporation in the US District Court, Southern District of New York, for violations of securities laws, related to the unlawful taking by executives of $5.8 billion. Financial analysts described the underlying matter as a "criminal conspiracy' and "bigger than Watergate?'. Eventually, the outcome of the litigation was that pursuant to the final Settlement Agreement, compensation in the sum of $150 million was paid by the shareholders to themselves. No funds were returned by any of the perpetrators, and none of the perpetrators was held accountable for their unlawful conduct.
Based on data mining in this unique target area, the paper claims that instead of enhancing integrity and transparency of the courts, the electronic record systems have enabled unprecedented, widespread corruption in the US courts. The paper also calls for action by computing experts in general and data mining experts in particular for the safeguard of Human Rights and integrity of governments in the Digital Era.
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The paper defines critical defects in the electronic record systems of the US courts, PACER and CM/ECF:
- Failure to certify the identity of the servers, on which the US court records are published;
- Failure to securely implement the separate lawful authorities of judges and clerks, relative to the certification, publication, service, and authentication of judicial records;
- Failed to establish by law the new electronic court procedures, inherent in the systems;
- Failure to implement visible electronic signatures of judges and clerks, pursuant to the E -Sign Act (2002);
- Denial of public access to electronic court record, contradicting the rights established in the First Amendment.
The outcome of such conditions, is that the public is unable to distinguish between valid and void court records. With it, the electronic record systems of the US courts enable the courts to conduct of simulated litigation, otherwise known as "Fraud on the Court".
Denial of public access to critical court records -- summons, authentication records, contradicting the Federal Rules of Civil Procedure ;
- Failure to issue and execute service of summons at the onset of the litigation, instead only an invalid summons was issued;
- Creation of invalid, fraudulent docket notations in lieu of valid minutes for the 19 purported proceedings in the case.
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The Data Analytics paper also provides an overview of the false reporting on the case the case by US and international media, which represented it as enforcement of US banking regulation on Bank of America. The case was the subject of numerous reports by major media outlests, which often applauded US Judge Jed Rakoff for his tough stance vis a vis both SEC and Bank of America. Media also quoted SEC's false statements, related to the case, of SEC's intention to "vigorously pursue our charges against Bank of America and take steps to prove our case in court" We will use the additional discovery available in the litigation to further pursue the facts and determine whether to seek the court's permission to bring additional charges in this case."
The paper also highlights the role of prominent SEC and Bank of America attorneys in conduct of the fraud on the People through the litigation in this case.
The paper concludes that the integrity of the electronic record systems of the courts of any nation are critical for the safeguard of Human Rights and Civil Society, and their corruption bears a profound impact, which should be considered an unannounced regime change.
The paper calls upon computing experts in general, and data mining experts in particular to assume a unique civic duty in monitoring the conduct of the courts of their respective nations. Although the courts today deny access to key records, in violation of the law, through data mining, the fraud in such systems can still be elucidated.
The paper also notes that the fraud inherent in the electronic record systems of the US courts is not unique:
- Sustain, the electronic record system of the Superior Court of California, County of Los Angeles, is believed to be one of the earliest electronic record system of any court (implemented around 1985). According to the web page of its maker, the Sustain Corporation, the system is by now implemented in the courts of eleven states and three nations. Sustain shows remarkably similar fraudulent features to those described here in PACER and CM/ECF.
- An accompanying paper, also peer-reviewed and published by Data Analytics, describes the electronic record systems of the courts of the State of Israel, whose implementation a decade later than PACER and CM/ECF involved US-based corporations IBM and EDS. The Israeli systems also show remarkable similarity to the fraud inherent in PACER and CM/ECF.
Finally, the paper outlines proposed corrective actions:
- Procedures inherent to the design and operation of PACER and CM/ECF should be established by law and validated by computing experts under public and legal accountability.
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