The Israeli Supreme Court, Like SCOTUS, Denies the Right to File Papers, Documenting Its Own Corruption.

By Joseph Zernik, PhD, Human Rights Alert (NGO) The Israeli Supreme Court collected full filing fees, stamped the April 15th , 2013 petition, filed from the Occupy Tel Aviv Social Protest encampment, Received, but failed to register the filing of the petition. The petition documents unprecedented corruption of the Israeli courts over the past decade. Key part of the evidence in the petition originates in the case of self-immolated, social protest activist Moshe Silman, who was subjected to fraud in the Tel Aviv District Court. The electronic record systems, now implemented in the Israeli courts, are the enabling tools. These systems, implemented over the past decade in the Israeli courts, mimic systems that had been implemented in state (Sustain) and federal courts (PACER and CM/ECF) in the United States a couple of decades earlier. Corruption of the courts in both Israel and the United States is central to failing banking regulation and the current socio-economic crisis. Both in Israel and in the United States, unless the people demand concerted efforts to reform the judiciary, the current socio-economic crisis is nor going to be effectively addressed.

The April 15, 2013 petition to the Israeli Supreme Court documents fraud in the Tel Aviv District Court on self-immolated social protest activist Moshe Silman. The Israeli Supreme Court denies the right to file the petition, which provides evidence of routine fraud in the Israeli courts, including the Supreme Court itself.

The Human Rights Alert (NGO) submission for the 2013 Universal Periodic Review (UPR) of Human Rights in Israel by the Human Rights Council of the United Nations documented widespread corruption of the electronic records of the of the Israeli courts over the past decade. [1] The submission was incorporated in the UN Professional Staff Report (paragraph 25) with a note referring to Lack of integrity in the electronic records of the Supreme Court, the district courts and the detainees courts in Israel. For example, the Human Rights Alert submission provides documentation of numerous decisions of the Israeli Supreme Court, which were electronically certified by the late Supreme Court Chief Clerk, up to five years after his death. The evidence for large-scale fraud in the electronic records of the Israeli courts was likewise peer-reviewed and published by computer science academic journal. [2]

Attempt is made to have the Israeli Supreme Court address its own corruption Now, attempt is made to bring the matter before the Israeli Supreme Court itself. In the petition Dr Joseph Zernik v Justice Minister Tzipi Livni and Director of the Administration of Courts Michael Spitzer (2689/13), [3] filed on April 15, the petitioner argues that the latest generation of electronic record systems, implemented in the Israeli courts over the past decade, are the enabling tool of court corruption. In developing and implementing the systems, the Administration of the Courts was permitted to enter unspecified, unpublished changes to the Israeli Regulations of the Courts. The petition argues that such conditions undermine the integrity of the justice system, since: - They violate the principle of separation of branches of government the judiciary are not permitted by Israeli law to promulgate regulations - let alone, the Regulations of the Courts. - They violate the principle of publicity of the law the Administration of Courts refuses to answer on a Freedom of Information Act request, pertaining to the nature of such changes. - They enable the routine falsification of court records by judges. The petition further argues that the fundamental flaws in the latest generation of electronic records of the courts of the State of Israel include: - Undermining the authority of the Clerks of the Courts, relative to their duties and obligations for the safeguard of integrity of court records. - Invalid implementation of invisible electronic signatures, which in their essence are the same as the fraud, underlying the fable The Emperor's New Clothes. - Maintenance of double and triple, materially different books for the public at large, for parties in the case, for the Office of the Clerk, and for the judges and denial of access to the full court records, even to parties in their own cases. - Hiding from the public the Regulations of the Courts (Office of the Clerk), as changed by the Administration of Courts in the process of implementing the new electronic record systems. Therefore, the petition asks the Israeli Supreme Court to rule that such secret changes to the Regulations of the Court, introduced by the judiciary are null and void. Conditions, which have been established in the Israeli courts over the past decade, mimic conditions that have been established in the state and US courts a couple of decades earlier. The Human Rights Alert submission for the 2010 UPR of Human Rights in the United States was in part based on review of these conditions. The submission was incorporated into the 2010 UPR report on the United States with a note referring to corruption of the courts and the legal profession in California. [4] In the US, such conditions are related to fraud in the implementation of the electronic record systems of the state (Sustain) and US courts (PACER and

CM/ECF) [5] In fact, the Israeli electronic record systems were developed and implemented by US-based corporations IBM and EDS. Moreover, as noted in the April 15 petition, the 2010 Israeli State Ombudsman's Report determines that such systems were developed and implemented in violation of the law of the State of Israel: [6] The Report determines that the systems, now in operation in the courts, were developed and implemented through the award of contracts to corporations by the Administration of Courts with no bidding, with no technical specifications, with no core supervision by State employees, and with no independent examination of the final product by State employees prior to implementation. The Ombudsman's Report also determines that in the process of implementing the systems, the servers for the records of the courts were removed from the offices of the clerks of the courts to one of the corporations, and an unknown number of persons were issued double smart ID cards. The findings of the State Ombudsman alone should have led the Ombudsman to conclude that such systems are invalid and unacceptable as electronic record systems, pursuant to Due Process/Fair Hearing rights. Likewise, the April 15th petition relies on the Israeli Ombudsman of the Judiciary Report (2012), which dwells on the routine retroactive alteration of court records by judges. [7] The petition also refers to media reports, which documented the falsification of court records by Deputy Presiding Judge Vardah AlSheikh of the Tel Aviv District Court, [8] and the fabrication of court records by former Judge Hilah Cohen of the Haifa District Court. [9] Self-immolated Social Protest activist Moshe Silman was subjected to fraud in the Tel Aviv District Court The petition adds new evidence of such conduct by the Tel Aviv District Court in the case of self-immolated Social Protest activist Moshe Silman. Silman tried to sue the Israeli Social Security Administration in the Tel Aviv District Court. In the opening lines of his last letter, the late Moshe Silman writes: The Tel Aviv District Court denied my access to justice. Hanan Brenner [sic jz], magistrate of the Tel Aviv District Court, violated the law and obstructed justice with impunity. Inspection of the court files, related to Moshe Silman v Social Security Administration in the Tel Aviv District Court, reveals three court file numbers. Accordingly, three requests for inspection of court files were filed (in Israel, public access to inspect and to copy court records is heavily restricted): - In the first court file (13491/2008), the commencing paper (complaint) was supposedly registered, but the Office of the Clerk of the Tel Aviv District Court refused to accept the request to inspect the court file, claiming that it had never existed. - In the second court file (1752-08), Hagai Brenner, in his capacity as Magistrate, affected the dismissal of Silman's complaint.

- In the third court file (6909-01-10), Hagai Brenner, in his capacity as Pro Tem District Judge, denied Silman's appeal from Hagai Brenner's decision in court file (1752-08). Additionally, the attempt to inspect Silman's court files revealed that court decisions are routinely served unsigned by a judge and accompanied by an unsigned authentication letter by an unnamed. Mr Kobi Bleich, who appears as Chief Clerk of the Tel Aviv District Court, refuses to certify the decisions in Silman's court files, True Copy of the Original, and also refuses to present a copy of his lawful appointment record as Chief Clerk of the Tel Aviv District Court. Prior to that, Administration of Courts had also refused to respond on a request, pursuant to the Freedom of Information Act, for Mr Bleich's appointment record. The Israeli Supreme Court patronizes corruption of Israeli banking system and Israeli banking regulation through fraud on the court Furthermore, the petition details fraud in the the Israeli Supreme Court itself in the case of Joseph Zernik v Governor of the Bank of Israel Stanley Fischer (7650-12). That petition originated in the unlawful seizing of Dr Zernik's bank accounts by the Israeli Bank HaPoalim, purportedly on behalf of the US government. Initially, the filing of commencing record of the petition was not registered at all. After the Petitioner approached the Office of the Clerk for correction of the error, filing of the petition was registered as an Appeal. In response to request for correction of the latter error, Ms Sarah Lifschitz, Chief Clerk of the Israeli Supreme Court, refused to enter a correction, claiming that there was no flaw in the registration. But after the case was dismissed for failure to prosecute, the registration was retroactively changed to show it as a Petition. Requests for clarifications by the Supreme Court, who made the retroactive changes, on what date, and by what authority, remain unanswered to this date. Additionally, the current petition documents that decisions of the Supreme Court are routinely served unsigned, and are accompanied by no authentication letter by the Clerk of the Court. Ms Sarah Lifschitz, who appears as Chief Clerk of the Supreme Court, refuses to certify the Supreme Court's decisions, True Copy of the Original, and also refuses to present a copy of her appointment record as Chief Clerk of the Supreme Court. Likewise, the Administration of Courts refused to respond on a Freedom of Information Act request for Mr Lifschitz's appointment record, claiming that it was exempt, as a record of internal deliberations. The Israeli Supreme Court denies the right to file the April 15, 2013 petition, which documents its own corruption. The petition in Zernik v Livni and Spitzer was filed on April 15, 2013, together with a request for recusal of the Office of the Clerk of the Supreme Court. Instead, the petitioner asks that the petition be filed through the Magistrate of the Supreme Court, as permitted by Israeli law. On April 15, the Office of the Israeli Supreme Court Magistrate refused to accept the filing of the petition, and referred it back to the Office of the Clerk. The Office of the Clerk

refused to accept for filing the request for its own recusal. With it, full filing fee was collected, and the Office of the Clerk appeared to receive the filing of the petition itself, and the petition itself was stamped Received. [3] However, later inspections of the electronic records of the Supreme Court later reveals that the petition record has not been registered as filed to this date. [3] Conditions in the Israeli Supreme Court mimic condition in the US Supreme Court. Similar conditions were previously documented in the US Supreme Court in the case of 70year old, former US prosecutor Richard Fine. [10] Richard Fine showed that all judges of the Los Angeles Superior Court took not permitted payments (called by media bribes). The publicity of the not permitted payments led to the signing in February 2009 by the California governor of retroactive immunities for all judges (called by media pardons). Two weeks later, Richard Fine was arrested and imprisoned by Los Angeles County Sheriff Lee Baca. Richard Fine was later held for 18 months in solitary confinement (considered by the UN torture) and was freed only in late 2010. During the entire period, Richard Fine was held by Sheriff Lee Baca under false booking records, which state that Fine was arrested and booked on location and by authority of the non-existent Municipal Court of San Pedro. [11] Repeat requests for correction of the false booking records, alternatively, for the release of Richard Fine, were ignored by the Sheriff. At the same time, Richard Fine's habeas corpus petitions were repeatedly subjected to fraud and denied, from the US District Court in Los Angeles, through the US Court of Appeals, 9th Circuit, to the US Supreme Court. [10] When attempt was made to file in the US Supreme Court evidence of the fraud on then falsely imprisoned Richard Fine, the papers, which were stamped Received were returned by mail by US Supreme Court Counsel Danny Bickell (not an authorized clerk). [10] The same conditions were documented also in the US district courts and the US courts of appeals denial of the right to file papers that document judicial corruption in various other cases. [13] Corruption of the courts, both in the US and Israel, is tightly linked to failing banking regulation The tight relationship between corruption of the courts and failing banking regulation in Israel was documented in the Israeli Supreme Court in Joseph Zernik v Governor of Bank of Israel Stanley Fischer, described above. It was provided as part of the evidence in the April 15th petition. In the US, perhaps the best documentation of the corruption of the courts in matters related to banking regulation comes from the case of SEC v Bank of America Corporation in the US District Court in New York under US Judge Jed Rakoff. [14] The case originated in the unlawful taking by banking executives of $5.8 billions in the Merrill Lynch-Bank of

America merger. The litigation of the case ended with no funds returned to the shareholders, and no executive held accountable. Review of the US court electronic records in the case documents the conduct of simulated litigation fraud on the court. There is no valid summons in the case and no valid court records for any of the proceedings. Widespread corruption of the courts, both in Israel and in the US is a central cause of the current socio-economic crisis . Experts opine that such conditions are historically unprecedented in the United States: - "...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." [15] - "...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." [16] However, the central role of the courts in the current crisis is insufficiently publicized. Media appear intimidated, when it comes to reporting on judicial corruption. Corruption of the US courts was also central to the US Robber Baron Era a century ago, and reform of the courts a key to the recovery. Conditions that today prevail in the US courts are similar to conditions that prevailed a century ago, during the infamous Robber Baron Period. [17] An historic study, published by the US Federal Judicial Center emphasizes the key role of the corrupt offices of the clerks of the US courts in such conditions. [18] The remedy was in part through reform of the US Department of Justice, in part through legislation by the US Congress the Salary Act (1919), and to no lesser part through remedies provided by such judicial luminaries as the Three Musketeers - Justices Louis Brandeis, Benjamin N. Cardozo, and Harlan Fiske Stone. Both in Israel and the US, unless the people demand reform of the judiciary through concerted actions of the three branches of government, the current crisis is unlikely to ever be effectively addressed. LINKS:
[1] Human Rights Alert (NGO) Submission for the 2013 Universal Periodic Review (UPR) of Human Rights in the State of Israel by the Human Rights Council of the United Nations, "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel" http://www.scribd.com/doc/92826212/ Human Right Alert, Appendix I to Submission; 15th UPR State of Israel - "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel" https://docs.google.com/open?id=0B8Aa2xQGbmk5cjNxd2szX05oMkU [2] Zernik, J., "Large-scale fraud in the courts of the State of Israel, peer-reviewed by international computing experts", OpEdNews.com (2012) http://www.opednews.com/articles/Large-scale-fraud-in-the-c-by-Joseph-Zernik-120922-330.html [3] Dr Zernik v Justice Minister Livni and Director of Administration of the Courts Spitzer (2689/13) Petition in the High Court of Justice of the State of Israel (Hebrew with English translation)) http://www.scribd.com/doc/136215148/ [4] United Nations Human Rights Council UPR of Human Rights in the United States (2010) http://www.scribd.com/doc/38566837/ http://www.scribd.com/doc/108663259 [5] Zernik, J., "Large-scale fraud in US court records is linked to failing banking regulation", OpEdNews.com (2012)

http://www.opednews.com/articles/Large-scale-fraud-in-US-co-by-Joseph-Zernik-120925-643.html [6] State of Israel Ombudsman's Report 60b, Ministry of Justice Computerization (2010) pp 693 et seq http://www.scribd.com/doc/50624862 [7] State of Israel Ombudsman of the Judiciary, Annual Report (2012), pp 62-53 http://www.scribd.com/doc/126609022 [8] The Judge Alsheikh Affair Reconstructed Transcript in the Tel-Aviv District Court, Globe http://www.scribd.com/doc/90686541/ [9] Judge Hila Cohen set to step down, Haaretz http://www.haaretz.com/print-edition/news/judge-hila-cohen-set-to-step-down-1.167998 [10] Habeas Corpus in the United States - the case of Richard Isaac Fine - Review http://www.scribd.com/doc/24729084/ [11] Supervisor Antonovich, Los Angeles County, repeat mailing of January 8, 2010, response from Sheriff Lee Baca, in re Richard Fine's booking records. http://www.scribd.com/doc/25555341/ [12] Fine v Sheriff (09-A827) Face pages of five filings by Dr Joseph Zernik, with stamps showing receipt by the US Supreme Court http://www.scribd.com/doc/30304657/ 10-04-18 Fine v Sheriff (09-A827) 1 Amended Motion to Intervene s http://www.scribd.com/doc/30161573/ 10-04-18 Fine v Sheriff (09-A827) 2 Amended Request for Lenience by Pro Se Filer s http://www.scribd.com/doc/30161636/ 10-04-18 Fine v Sheriff (09-A827) 3 Amended Request for Corrections in US Supreme Court Records shttp://www.scribd.com/doc/30162109/ 10-04-18 Fine v Sheriff (09-A827) 4 Amended Request for Incorporation by Reference s http://www.scribd.com/doc/30162144/ 10-04-18 Fine v Sheriff (09-A827) Dr Zernik's Motion to Intervene 5 Amended Appendices s http://www.scribd.com/doc/30161692/ 10-04-18 Fine v Sheriff (09-A827) 5 Amended Appendix IX b: Zernik's Declaration in re: April 16, 2010 search for records in the Courts microfilm judgments archive s http://www.scribd.com/doc/30185575/ 10-04-22 Fine v Sheriff (09-A827) at the US Supreme Court - Dr Zernik's Declaration RE: Court Counsel Danny Bickell and Filing at US Supreme Court http://www.scribd.com/doc/31430464/ [13] The US Courts Established a Policy Excluding Any Papers Pertaining to Judicial Corruption from the First Amendment Right to File Petitions http://www.scribd.com/doc/39788364/ [14] Zernik, J., "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 [15] Paltrow, S,. Special Report: The watchdogs that didn't bark, Reuters, Dec 22, 2011 http://www.reuters.com/article/2011/12/22/us-foreclosures-idUSTRE7BL0MC20111222 [16] Krugman, P., Another Inside Job, New York Times, March 13, 2011 http://www.nytimes.com/2011/03/14/opinion/14krugman.html?_r=0 [17] Zinn, H: "Robber Barons and Rebels", in: A People's History of the United States. http://www.scribd.com/doc/41457094/ [18] Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002) http://www.scribd.com/doc/34819774/