Large-scale fraud in US court records is linked to failing banking regulation, detailed in a paper, peer-reviewed and published by international computing

experts

a. (US government)

b.

c. (Bank of America)

d. (US government)

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 (BAC) 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. 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 ESign 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. Regarding Securities and Exchange Commission v Bank of America Corporation (1:09-cv06829), the paper documents: 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. 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 SECs false statements, related to the case, of SECs 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. Valid authentication procedures and authentication records should be implemented Public access to judicial records, to inspect and to copy, should be restored. US judges and clerks should be required to post financial disclosures on an annual basis.
Joseph Zernik, PhD Human Rights Alert (NGO) The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations for the Universal Periodic Review (UPR) of Human Rights in the United States was reviewed and incorporated in the official HRC Professional Staff Report with a note referring to corruption of the courts and the legal profession and discrimination by law enforcement in California. The 2012 submission of Human Rights Alert to the HRC for the UPR of the State of Israel is titled "integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel'. It is scheduled for review in January 2013. LINKS: [1] 12-09-04 J. Zernik, "Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation", Data Analytics 1:83-93 (2012) http://thinkmind.org/index.php?view=article&articleid=data_analytics_2012_3_50_60059 [2] 12-09-04 Zernik, J., "Integrity, or Lack Thereof, of the Electronic Record Systems of the Courts of the State of Israel", Data Analytics 1:31-38 (2012) http://thinkmind.org/index.php?view=article&articleid=data_analytics_2012_2_10_60063 [3] S. Paltrow, Special Report: The watchdogs that didn't bark, Reuters, December 11, 2011. [4] Joseph Zerniks Authors page on OpEdNews.com http://www.opednews.com/author/author42343.html http://www.opednews.com/author/author81971.html