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12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisis

12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisis

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"Organized State Crime" is a subject of growing interest, both theoretically and practically. Racketeering in the state and US courts by judges, attorneys, and financial institutions is an essential part of the current crisis, which is often under-reported. The electronic record systems (Sustain, PACER, CM/ECF) of the courts provide prime evidence of the RICO enterprises in the courts, particularly in cases involving banks under the current financial crisis.
"Organized State Crime" is a subject of growing interest, both theoretically and practically. Racketeering in the state and US courts by judges, attorneys, and financial institutions is an essential part of the current crisis, which is often under-reported. The electronic record systems (Sustain, PACER, CM/ECF) of the courts provide prime evidence of the RICO enterprises in the courts, particularly in cases involving banks under the current financial crisis.

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Categories:Business/Law, Finance
Published by: Human Rights Alert, NGO on Jun 09, 2012
Copyright:Attribution Non-commercial

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04/04/2013

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Human Rights Alert 
2231 S Court, Palo Alto, CA 94301Fax: 323.488.9697; Email: jz12345@earthlink.net
 
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12-06-08 Courts and Judges as racketeering enterprises under RICO (the RacketeerInfluenced and Corrupt Organizations Act) - key element in the current financialcrisis
"Organized State Crime" is a subject of growing interest, both theoretically and practically. Racketeering in the state and US courts by judges, attorneys, and financial institutions is an essential part of the current crisis, which is often under-reported. The electronic record systems (Sustain, PACER, CM/ECF) of the courts provide prime evidence of the RICO enterprises in the courts, particularly in cases involving banks under the current financial crisis.
 
Bank of America's Brian Moynihan, US Judge (NYSD) Jed Rakoff, SEC Chair Mary Schapiro.
SEC v Bank of America Corporation 
(1:09-cv-06829) in the US District Court, Southern District of New York, is one ofthe best-documented cases of racketeering in a US court, to cover up criminality underlying the current crisis.
[1]
 
Lomas v Bank of America 
in the Superior Court of California, County of Los Angeles, is one of the best documented cases ofracketeering by Bank of America, its attorneys a state judge.
[2]
Additional cases of racketeering by Countrywide (Bankof America) that gained national publicity include
Borrower Sharon Dianne Hill 
in the US Bankruptcy Court, PA,
[3]
and
Borrower William Parsley 
in the US Bankruptcy Court, Tx.
[4]
Large-scale bribing of state and US judges byfinancial institutions must be a serious concern.
[5]
Links:
[1]
11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World CriminologyCongress presentationhttp://www.scribd.com/doc/61351562/ 
[2]
11-04-17 PRESS RELEASE: Lomas v Bank of America (KC059379) Fraud turns into Extortion in the Los Angeles Superior Courthttp://www.scribd.com/doc/53212710/ 
[3]
08-01-08 Case of Borrower Hills (01-22574) in the US Bankruptcy Court, Eastern District of Pennsylvania: Countrywide’s three "recreated letters",transcript, and news reports:http://www.scribd.com/doc/25003494/  
[4]
08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigationpractices, Countrywide's false outside counsel scheme - appearances by counsel who are not Counsel of Record, with "no communications with clients"clause:http://www.scribd.com/doc/25001966/ 
[5]
11-04-12 PRESS RELEASE: Bribing of State and US Judges by Bank of America Must be a Serious Concern!http://www.scribd.com/doc/52846502/  
Racketeering in the state and US courts is an essential part of the current crisis, which is oftenunder-reported.
1) Theoretical Perspective
In criminological theory, the notion of racketeering by government is self-evident. It is formallycategorized as "Organized State Crime".Historically, the courts were a chief arena for inflicting Organized State Crime on the People.Through the courts one may abuse specific individuals, groups, or all, under the color of law.
 
Page 2/7 June 9, 2012More:[1] Case of Jezebel, Ahab, and citizen Naboth, who owned a piece of real estate, which the royal couple coveted. (1Kings 21)[2] 02-01-00 Stealing From the People: Corruption in Indonesia; Book 2: The Big Feast - Soldier, Judge, Banker, CivilServant; Edited by Richard Hollowayhttp://www.scribd.com/doc/48110315/ [3] 11-02-03 Stealing from the People: Corruption in the United States; the Big Feast: Banker, Judge, Civil Servanthttp://www.scribd.com/doc/48090911/ 
2) Precedents of Suing Government under RICO
The LAPD was sued under Civil RICO in the aftermath of the Rampart Scandal (1998-2000).Eventually the case was thrown out on the claim that Civil RICO is permitted only when harm isdone to business, and the harm in that particular case was bodily. (I.E., If police maims you aspart of its RICO enterprise, you have no Civil RICO remedy. However, if police burns yourbusiness as part of its RICO enterprise, you may have Civil RICO remedy).The US is unique among "Western Democracies" in the number of Criminal RICO prosecutionsof judges. State of Federal judges have been prosecuted in: San Diego (CA), San Jose (CA),Cook County (IL), Luzerne County (PA). There is a "sealed" prosecution going on in El Paso(TX), which smells like RICO, even if it is not called that.
More:[1] See below original message by Neil Gillespie[2] See case of Dydzak v Dunn et al, where the former Chief Justice of California Ronald George and others are nameddefendants in a complaint of racketeering.12-05-02
Dydzak v. Dunn et al 
(30-2012-00558031) in the California Superior Court, County of Orange - First AmendedComplainthttp://www.scribd.com/doc/92670452/ 
3) More on RICO:
RICO was written in broad terms. To state a claim, a plaintiff must allege four elements: (1)conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.[1] Each element of a RICO claim requires additional analysis: an “enterprise” is marked by association and control;a “pattern” requires a showing of “continuity”continuous and related behavior that amounts to, orposes a threat of, continued criminal violations; and “racketeering activity” involves the violationof designated federal laws.[2]In addition, a civil RICO plaintiff must allege that it was injured in his business or property “byreason of” a violation of RICO’s substantive provisions.[3] This “by reason of” languageprovides the basis for the proximate cause requirement, established by the Supreme Court inHolmes and amplified in Anza [4]and Mohawk Indus [5].
More:[1] See Kenda Corp. v. Pot O’Gold Money Leagues, Inc., 329 F.3d 216, 233 (1st Cir. 2003).[2] See Giulliano v. Fulton, 399 F.3d 381, 388 (1st Cir. 2005).[3] 18 USC § 1964(c).[4] Anza v. Ideal Steel Supply Corp., 2006 DJDAR 6857 (June 5, 2006)[5] Mohawk Indus., Inc. v. Williams 126 S. Ct. 2016 (2006).
4) And even more on RICO
 
Page 3/7 June 9, 2012
A RICO Federal Prosecutor's workbook can be found online, which takes you step by step inoutlining the evidence for RICO claims.
5) RICO in the courts
The typical conduct here is of an organized group of judges, clerks, and sheriffs, on the one hand,and Countrywide and its affiliated "loan originators" on the other; the enterprise is the use of thecourt setting for conducting robbery under the guise of legitimate court actions, and at the sametime intimidating and retaliating against a victim/informer/witness; the pattern - is actions such asyours, through clerks that sent notices, or compiled records into a completely fraudulent courtfile, and racketeering activity here consisted of predicated acts per 18 USC 1961 related torobbery per state law, mail fraud per 18 USC §1341, wire fraud per 18 USC §1343, financialinstitution fraud 18, USC §1344, obstruction of justice 18 USC §1503, retaliating against awitness, victim, or an informant 18 USC §1513, engaging in monetary transactions in propertyderived from specified unlawful activity 18 USC §1957.
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?*"I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visitingprofessor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think ofone where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases."Reuters (Jan 22, 2012)http://www.scribd.com/doc/79572282/ *Foreclosure fraud: The homeowner nightmares continueCNN (April 7, 2011)
*
About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon toabout 6 million by 2013
 
Bloomberg (January 2011)*"...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat anddefraud without consequences." http://www.scribd.com/doc/50753639/ Prof Paul Krugman, MIT (2011) _____________________________ 
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*"...judges tried and sentenced a staggering number of people for crimes they did not commit."Prof David Burcham, Dean, Loyola Law School, LA (2001)http://www.scribd.com/doc/29043589/  *"This is conduct associated with the most repressive dictators and police states... and judges must share responsibilitywhen innocent people are convicted."Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)http://www.scribd.com/doc/27433920/ *"Innocent people remain in prison"*"...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Reportrecommends must be investigated relative to the integrity of the system, have not produced any response that we knowof..."LAPD Blue Ribbon Review Panel Report (2006)http://www.scribd.com/doc/24902306  / 
 ____________________________WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*"...corruption of the courts and the legal profession and discrimination by law enforcement in California."United Nations Human Rights Council Staff Report (2010)http://www.scribd.com/doc/38566837/ 
 ____________________________WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?*
"On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to JusticeInitiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration

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