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12-09-26 J Zernik, Large-scale fraud in US court records is linked to failing banking regulation _ OpEdNews

12-09-26 J Zernik, Large-scale fraud in US court records is linked to failing banking regulation _ OpEdNews

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Barcelona, September 26 - OpEdNews.com accepted for publication a report, detailing large-scale fraud in the electronic record systems of the United States courts, and the linkage between such fraud and US failing banking regulation. The OpEdNews report is based on a paper, peer-reviewed and published by the computer science scholarly conference Data Analytics.
Barcelona, September 26 - OpEdNews.com accepted for publication a report, detailing large-scale fraud in the electronic record systems of the United States courts, and the linkage between such fraud and US failing banking regulation. The OpEdNews report is based on a paper, peer-reviewed and published by the computer science scholarly conference Data Analytics.

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Published by: Human Rights Alert, NGO on Sep 26, 2012
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11/29/2012

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Large-scale fraud in US court records is linked to failing bankingregulation, detailed in a paper, peer-reviewed and published by international computing experts
a. b.
 
c.
 
d.(
) (
) (
)The Data Analytics paper details how a. SEC, headed by Mary Schaprio, b. Bank of America, headed by BrianMoynihan 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 focuseson the features of the electronic record systems of the US courts, PACER and CM/ECF, which enable suchfraud in the US courts from coast to coast. The paper claims that the large-scale fraud in the US courtsamounts to unannounced regime change in the United States.
 Barcelona, September 25 
- a paper, detailing large-scale fraud in the electronic recordsystems of the US courts (PACER and CM/ECF), and focusing in particular on theemployment of such fraud to undermine banking regulation, has been published by aninternational computer science journal, Data Analytics, following rigorous, anonymouspeer-review by international computer-science academic scholars.The US government has completed a decade-long project of transition to electronicadministration 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 andformed the core of due process and fair hearing. The transition to electronicadministration 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 thecurrent financial crisis. A legal expert opined, “… it's difficult to find a fraud of this size onthe 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) Concernhas 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 caseunder the current financial crisis,
 Securities and Exchange Commission v Bank of AmericaCorporation
(1:09-cv-06829).In this case, the US Securities and Exchange Commission (SEC) purportedly prosecutedBank 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 thefinal 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 noneof the perpetrators was held accountable for their unlawful conduct.Based on data mining in this unique target area, the paper claims that instead of enhancingintegrity and transparency of the courts, the electronic record systems have enabledunprecedented, 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, relativeto 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 inthe First Amendment.The outcome of such conditions, is that the public is unable to distinguish between validand void court records. With it, the electronic record systems of the US courts enable thecourts to conduct of simulated litigation, otherwise known as “Fraud on the Court”.Regarding
 Securities and Exchange Commission v Bank of America Corporation
(1:09-cv-06829), 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, insteadonly an invalid summons was issued;
Creation of invalid, fraudulent docket notations in lieu of valid minutes for the 19purported proceedings in the case.The Data Analytics paper also provides an overview of the false reporting on the case thecase by US and international media, which represented it as enforcement of US bankingregulation on Bank of America. The case was the subject of numerous reports by majormedia 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 thecase, of SEC’s intention to “vigorously pursue our charges against Bank of America and takesteps to prove our case in court… We will use the additional discovery available in thelitigation to further pursue the facts and determine whether to seek the court's permissionto bring additional charges in this case."The paper also highlights the role of prominent SEC and Bank of America attorneys inconduct 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 toassume a unique civic duty in monitoring the conduct of the courts of their respectivenations. 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 UScourts is not unique:

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