Human Rights Alert

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11-04-27 Harvard Law Professor Yochai Benkler is provided with additional evidence of
large-scale computer fraud in the US courts
The US courts computer systems - PACER and CM/ECF - enable the routine churning out of
fraudulent records in the US courts. The systems undermine both Human Rights and Banking
Regulation in the United States. Prof Yochai Benkler, an expert on computers and the law, has
been asked to review the evidence and provide an opinion.

Los Angeles, April 27 - "Large-scale computer fraud undermines the foundation of the US courts and US justice system”
says Joseph Zernik, PhD, of Human Rights Alert (NGO), "the evidence is pervasive of routine issuance of adulterated
court records.”

Professor Yochai Benkler, of Harvard Law School, an expert on computers and the law, has been previously provided
with evidence of the fraud in PACER and CM/ECF – the record keeping systems of the US Courts. [i,ii] That evidence
was primarily produced by Dr Zernik. Dr Zernik’s findings were also published in an international computer science
journal, with Editorial Board listing scholars from six European nations and Canada, including Director of the IBM
Research Center in Ireland. [iii] Leading law and technology journals in the United States refused to review papers on
the subject.
Now, Dr Zernik has provided Prof Benkler with additional evidence of the fraud in PACER and CM/ECF from an
independent source – a publication in the National Law Journal by ProPublica reporter Dafna Linzer, documenting
adulteration of court records in the habeas corpus case of GITMO detainee Uthman Abdul Rahim Mohammed Uthman
in the US District Court in Washington DC. [iv]
The US courts have installed an online public access system (PACER) and case management system (CM/ECF) in the
early 2000s. " PACER and CM/ECF enable the courts to routinely publish online records that are fraud,” says Dr
Zernik.
The best example, showing the systems enabling the abuse Human Rights, according to Dr Zernik, remains the case of
the arrest and habeas corpus petitions of the 70 year-old former US prosecutor Richard Fine. Richard Fine exposed
and rebuked the taking by Los Angeles judges of "not permitted" payments ("bribes"). Later, Richard Fine was held for
18 months in solitary confinement by the Los Angeles Sheriff's Department. However, the online Inmate Information
Center listed him as imprisoned on location and by authority of the non-existent "Municipal Court of San Pedro".
Fine's habeas corpus petition in the US District Court in Los Angeles and the US Court of Appeals, 9th Circuit, appeared
as true litigation in the online PACER records, but were replete with unsigned, uncertified - invalid court records. [v]
According to Dr Zernik, the fraud in US courts records is not limited to civil rights cases, but also undermine banking
regulation. Dr Zernik produced detailed review of the fraud in conduct of litigation in cases of the highest public policy
significance, which were repeatedly reported in both US and international media, including, but not limited to the litigation
of SEC v Bank of America Corporation in the US Court in New York by Judge Jed Rakoff. [vi] “Fraud in the US courts
undermines any prospect of honest banking regulation in the United States during the current financial crisis,” Dr Zernik
says.
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While internationally, Dr Zernik's opinions regarding fraud in computer systems of both the state and US courts are re-
affirmed, US experts have so far been reluctant to opine on the matter. [vii, viii,ix,x]
Law Dean Erwin Chemerinsky of the University of California, and Law Dean Martha Minow of Harvard University have
previously refused to provide an opinion. The former claimed that he had no expertise in computers and court
administration, and the latter claimed that she was prevented from opining on the matter due to her position as Harvard
Law Dean. Most recently, Dr Zernik has asked Prof Yochai Benkler of Harvard Law School, an expert on computers
and the law, to opine on the matter.

Prof Benkler was one of the authors of the recent letter regarding the humiliation of Private Bradley Manning. "Prof
Benkler has shown courage in highlighting the abuse of the Human Rights of Private Manning. I hope that he would
also be willing to review the evidence of abuse of Human Rights of all in the United States," says Dr Zernik.

LINKS:
i
11-04-14 PRESS RELEASE: Harvard Law Professor Yochai Benkler has been asked to review the evidence of
large-scale computer fraud in the US courts
http://www.scribd.com/doc/52993968/
ii
11-02-09 'Don't Ask, Don't Tell": the US Court of Appeals, 9th Circuit Insists on Conducting a Pretense Appeal from a
Pretense Judgment of the US District Court
http://www.scribd.com/doc/49070315/
iii
Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on
Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
http://www.scribd.com/doc/38328585/
iv
0-10-11 in GITMO Opinion, Two Versions of Reality - The National Law Journal
http://www.scribd.com/doc/53954229/
v
10-04-20 Fine v Baca (09-A827) at the US Supreme Court: Motion to Intervene and related papers: Motion to
Intervene and related papers
http://www.scribd.com/doc/30304657/
http://www.scribd.com/doc/30161573/
http://www.scribd.com/doc/30161636/
http://www.scribd.com/doc/30162109/
http://www.scribd.com/doc/30162144/
http://www.scribd.com/doc/30161692/
http://www.scribd.com/doc/30185575/
vi
Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and
Pretense Banking Regulation in the United States
http://www.scribd.com/doc/44663232/
vii
09-04-20 Prof Eliyahu Shamir's Opinion Letter re: Sustain - the Case Management System of the Superior Court of
California, County of Los Angeles
http://www.scribd.com/doc/46069337/
09-04-20 Prof Eliyahu Shamir, Hebrew University, Jerusalem, directory information
http://www.scribd.com/doc/30454039/
viii
10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review
(UPR) of Human Rights in the United States as incorporated into the UPR staff report, with reference to "corruption of
the courts and the legal profession".
http://www.scribd.com/doc/38566837/
ix
Zernik, J: Fraud and Corruption in US Courts are Tightly Linked to Banking Fraud and the Global Economic Crisis,
16th World Criminology Congress, 2011
x
Zernik, J: Corruption of the Courts and the Legal Profession in California Noted in a 2010 United Nations
Report, 16th World Criminology Congress, 2011