Human Rights Alert, NGO
PO Box 526, La Verne, CA 91750Fax: 323.488.9697; Email: jz12345@earthlink.net
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2010 UPR of the United States: Human Rights Alert (NGO) - Report on Conditions inLos Angeles County, California – Allegations, Conclusions, Recommendations.
Executive Summary
Human Rights Alert, a Los Angeles County, California, based NGO documents precipitous deterioration in integrity of theCalifornia Superior Court, County of Los Angeles, and respective US Courts – US District Court, Central District ofCalifornia, and US Court of Appeals, 9
th
Circuit - national tribunals for protection of rights, with patronizing by USDepartment of Justice and FBI. Conditions which prevail today in Los Angeles County, California, are best evidenced in:a) Deprivation of Liberty - of various groups of FIPs (Falsely Imprisoned Persons), and b) Deprivation of the Right forProperty - collusion of the courts with large financial institutions in perpetrating fraud in the courts on homeowners underthe current US economic crisis. Unvalidated computerized case management systems (CMSs), which were installed atthe state and US courts, in jails and prisons, and in financial institutions in the past couple of decades are claimed as akey to what amounts to an integrity crisis in government and financial systems in the US today. Through such systemsthe courts issue orders and judgments that they themselves never consider honest, valid, and effectual, but which arepublicly displayed as such, prisoners are held with no valid records to support their imprisonment, and public access – toinspect and to copy - is denied to critical authentication records of the court. Such CMSs were installed in the US courtsin violation of the
Rule Making Enabling Act
28 USC §2071-7, since they entailed a sea change in court practicesand procedures, which were never established in rules of court as required by law.Conditions in the US are notlikely to self-correct in the foreseeable future within the checks and balances provided in the US Constitution. Allowingsuch disintegration to proceed poses risks to world peace and welfare, which are difficult or impossible to assess.Accordingly, Human Rights Alert recommends that goals be set and international monitoring be implemented to facilitatestrict enforcement of the law on the US courts themselves – a) the
Rule Making Enabling Act
and b) the
First Amendment Right to Access Court Records
– to inspect and to copy. Inherent in compliance with the law must be arequirement forpublicly accountable validation (certified functional logic verification) of CMSs in the courts, jails,and prisons in the US.
A. About the Justice System of Los Angeles County, California
•
"Los Angeles County got the best courts that money could buy".
KNBC (October 16, 2008)
•
"Innocent people remain in prison"
LAPD Blue Ribbon Review Panel Report (2006)
•
Los Angeles Superior Court’s must be “examine[d for] its role in accepting pleas from innocent defendants and failing todetect police perjury or the conviction of the innocent.”
LAPD Blue Ribbon Review Panel Report (2006)
•
"...law enforcement, prosecutors and judges - inexorably chose containment. It is not that individuals or entitiesconspired to cover up corruption; it is that when a window on its true extent opened, they simply closed it."
LAPD Blue Ribbon Review Panel Report (2006)
•
“The response by police to the Blue Ribbon Panel report was of interest in that it failed to ever mention past present orfuture investigation into the Rampart scandal abuses that were the reason the Panel was instituted, and were the subjectof its report. Obviously the LA Superior Court and the DA office, the two other parts of the justice system that the BluePanel Report recommends must be investigated relative to the integrity of the system, have not produced any responsethat we know of...”
LAPD Blue Ribbon Review Panel Report (2006)
•
The justice system of Los Angeles shows tolerance “of a subcult of criminality in the ranks”.
LAPD Blue Ribbon Review Panel Report (2006)
•
Los Angeles County is "the epicenter of the epidemic of real estate and mortgage fraud." FBI (2004)
•
“…judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham (Dean), and Prof Katherine Fisk, Loyola Law School, Los Angeles (2000)
Digitally signed byJoseph H Zernik DN: cn=Joseph HZernik, o, ou,
email=jz12345@earthlink.net, c=USLocation: LaVerne, CaliforniaDate: 2010.04.1818:04:43 -07'00'
Page 2/5 April 18, 2010
TOC
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“This is conduct associated with the most repressive dictators and police states… and judges must share responsibility wheninnocent people are convicted.”
Prof Erwin Chemerinsky (Dean), University of California, Irvine Law School (2000)
B. Alleged Human Rights Violations
The primary Human Rights, pursuant to the Universal Declaration of Human Rights, violations of which arealleged in instant report are relative to
Articles 2, 7, 8, 9, 10, 11, 12
of the
Universal Declaration of Human Rights
. The effective outcome of such violations is in dismantling effective equal protection and a system of national tribunals for protection of rights. In particular – discrimination against the region of Los AngelesCounty, California is alleged, where US agencies refuse to enforce the law and protect the 10 million residentsagainst racketeering by the county judges, which is credibly evidenced.
C. Key Cases
Human Rights Alert, a Los Angeles, California based NGO, alleges herein large-scale, pervasive abuseof the Human Rights of the people of Los Angeles through widespread corruption of the courts, the legalprofession, and financial institutions, and discrimination of US law enforcement against the region – inrefusal to enforce the law. Specific matters are provided below as highlights. Numerous other similarcases were recorded in Los Angeles County and elsewhere:
1
1. Ongoing, false imprisonment for over a decade of thousands of Rampart–FIPs (Falsely ImprisonedPersons), Los Angeles County, California (since before 1998).
The Rampart-FIPs are the victims of the Los Angeles County Rampart corruption scandal (1998-2000), almost exclusively black and latinos, who have almost all remained imprisoned. By estimate,about a third of them were still juveniles at the time of their false confinement. An officialgovernment panel (2006), which reviewed such state of affairs some eight (8) years after the launchof the initial scandal investigation, found that no official report of the investigation was ever issued,and concluded that it was unreasonable from the start to expect that the corrupt justice system of LosAngeles County would have been able to investigate, prosecute, and judge its own corruption. Thepanel, likewise indicated that it was not provided adequate access to records. The panel thereforerefused to issue specific findings regarding the scope and nature of the corruption involved in theRampart scandal. Instead, the official review panel recommended an outside investigation, toexamine the integrity of the Los Angeles Superior Court, Los Angeles County prosecutors, and theLos Angeles Police Department. Such recommendations remain unheeded. The ongoing falseimprisonment of thousands of Los Angeles County Rampart-FIPs is alleged as a Human Rightsdisgrace of historic proportions.
2. False hospitalization of 70 year-old, former US prosecutor Richard Fine, Los Angeles County,California (since March 2009)
Richard Fine exposed and vocally rebuked the taking by ALL Los Angeles County judges of payments (~$45,000 per judge per year) that were eventually ruled in October 2008 “not permitted”.In parallel, he documented that it became practically impossible to win a case at the courts againstthe payer of the “not permitted” payments – Los Angeles County. In February 2009, at the urging of the California Judicial Council, the California Governor singed into law of dubious validity“Retroactive Immunities” for all judges who took and keep taking such “not permitted” payments, tomitigate their civil and criminal liabilities. Less than two weeks later, on March 4, 2009, Richard
1
Cases that were outside Los Angeles County, where the nature of Human Rights abuse, and US agencies response,or lack thereof, was of great concern included, for example (1) Drowning deaths of prisoners during HurricaneKatrina, and post-Katrina police shootings of unarmed blacks, New Orleans, Louisiana (2005); (2) Falseimprisonment of thousands of juveniles in a “kids for cash” scandal, Luzerne County, Pennsylvania (exposed in2008); (3) Large-scale corruption of the courts in El Paso, Texas (exposed in 2009); (4) Large-scale corruption ofgovernment and the courts, San Bernardino County, California (exposed in 2010).
Page 3/5 April 18, 2010
TOC
Fine was apprehended by the Los Angeles County Sheriff’s Department Warrant Detail – albeit withno warrant at all, and with no judgment, conviction, or sentencing ever entered by a court in his case.He has been falsely hospitalized under solitary confinement ever since, while the Sheriff’sDepartment repeatedly published and furnished false and deliberately misleading records as thefoundation for his holding . His case is of historic significance, since it provided abundant evidenceof (a) the racketeering nature of the conduct of the courts and the justice system of Los AngelesCounty, covered up by fraudulent conduct all the way up to the US Supreme Court, and (b) thecentral place of the public access and case management systems (CMSs) in producing false courtrecords and perverting justice in all justice system agencies involved – Los Angeles Superior Court,Los Angeles Sheriff’s Department, US District Court- Central District of California, the US Court of Appeals, 9
th
Circuit, and the US Supreme Court. On March 12, 2010 Clerk to Associate JusticeAnthony Kennedy issued an unsigned letter purporting that the Richard Fine’s Application for Stayof Execution of “Continuous Confinement” was denied on the same date. Similar information waslisted in the public access docket. However, the US Supreme Court system failed to list either anysuch denial order or ruling on or about March 12, 2010. Likewise, although the Rules of Court of theUS Supreme Court require that such denial SHALL be inscribed on the face of the application, theapplication on file at the US Supreme Court bears on such denial marked on it.
3. Deprivation of the Right for Possession: Ongoing Financial/Integrity Crisis involving LargeFinancial Institutions, law-firms, the Courts, and Banking Regulators, Los Angeles County,California, and across the US (exploded in 2008)
The evidence reveals a multi-level integrity crisis: (a) Fraud of unprecedented, trillions-of-dollars-scale against the US treasury and the people by large US financial institutions; (b) Routine fraudagainst individual home owners by the same institutions in collusion with the courts and large law-firms, and (c) Refusal of US law enforcement to provide Equal Protection for the individual victimsof such abuse, and (d) Cover up of the criminality underlying the crisis in reports to the people, toUS Congress, and to the international community.The case of Joseph Zernik is provided as an example, since it included full documentation of abuseof Human Rights at the Los Angeles Superior Court, at the US District Court, Los Angeles, and theUS Court of Appeals, 9
th
Circuit. Moreover, the case provided evidence that top management inlarge financial institutions were directly involved in such abuse: Countrywide Financial Corporation(CFC), Bank of America Corporation (recipient of some $200 billions in bailout funds), and OldRepublic International. Evidence submitted to the US Comptroller of the Currency documenteddirect involvement of Brian Moynihan, President of Bank of America in fraud in this case.Further evidence is provided for collusion in such abuse by some of the world’s and US largest law-firms, including but not limited to Bryan Cave, LLP, Sheppard Mullin, and Buchalter Nemer.Evidence was also generated in the case of refusal of senior officers at FBI, SEC, Office of FederalTrade Commission, Office of Thrift Supervision, and Office of the Comptroller of the Currency toprovide Equal Protection to the individuals against such conduct by large corporations.In January 2007 Dr Zernik filed with FBI analysis of CFC underwriting Monitoring CMS – EDGE, andsoon after that – he provided correct estimates of the losses anticipates to US treasury. Soon afterwards,CFC initiated retaliation under the guise of court actions. In November 2007 Dr Zernik was forced toleave his home and his property under the threat of force, unlawful by credible. His property was forciblyentered by Attorney David Pasternak, former President of the Los Angeles Bar Association, who claimedto take possession of it, albeit, with no valid legal foundation. Dr Zernik’s property was taken for privateuse, and to this date he has never received a penny in compensation. Attorney Pasternak later conductedfraud in conveyance of title on the property. No local, state, or US agency has been willing to provideequal protection against such criminalities. James Wedick, a fraud expert and FBI veteran, who had beendecorated by US Attorney General, by US Congress, and by FBI Director opined “… fraud beingcommitted…” and “ .,,investigation should be immediately instituted…”. No bankruptcy, no foreclosure,
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10-04-18 Human Rights Alert - Final Submission to the United Nations for the 2010 Universal Periodic Review of the US s
2010 UPR of the United States: Human Rights Alert (NGO) - Report on Conditions in Los Angeles County, California – Allegations, Conclusions, Recommendations.
Executive Summary
Human Rights Alert, a Los Angeles County, California, based NGO documents… (More)
Executive Summary
Human Rights Alert, a Los Angeles County, California, based NGO documents… (More)
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