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10-08-22 RE: SC087400

-

Complaint against

former 

 Judge Patricia Collins, Judge Lisa Hart-Cole, Attorney David Pasternak, Old Republic International (NYSE:ORI) and others - for public corruption and racketeering by judges, financial institutions, and large law-firms in pretense proceedings at the Court.

Executive Summary

1

 

Los Angles, August 22 – complaint was filed with US Attorney Office, Central District of California, and Prof Laurence Tribe - Senior Counsel, US Department Of Justice, Access to Justice Initiative, by Human Rights Alert (NGO) and Joseph Zernik, PhD, against former Judge Patricia Collins, Judge Lisa Hart-Cole, Attorney David Pasternak, Old Republic International (NYSE:ORI), and Attorney Richard Ormond (Buchalter Nemer, LLP) - for public corruption and racketeering in pretense proceedings at the Superior Court of California, County of Los Angeles. Others named as accused in the complaint were Judge Jacqueline Connor, Presiding Judge Charles McCoy, Judge in Charge of Writs and Receiverships David Yaffe, Clerk of the Court John A Clarke, and Court Counsel Fredrick Bennett, who were all alleged as central figures in conduct of a racketeering enterprise at the Court. In early December 2007, Attorney David Pasternak, acting as pretense “Receiver” on behalf of the Court under

Samaan v Zernik

 (SC087400), was perpetrating real estate fraud, as later opined by highly-decorated FBI veteran, fraud expert James Wedick. Target of the fraud was Beverly Hills property of Complainant Zernik. Judge Jacqueline Connor had instigated the scheme two years earlier. To accomplish the fraud, collusion by Mara Escrow, a subsidiary of ORI – a large financial institution, was required. However, Complainant alerted Mara’s Senior Escrow Officer Liz Cohen that she was about to perpetrate real estate fraud. Therefore, Ms Cohen refused to collude with Attorney Pasternak and the Court. On December 7, 2007, to overcome the hurdles, Attorney David Pasternak and others engaged in two pretense “Ex Parte Proceedings” in two separate courthouses on the same morning: 1) In the first “Ex Parte Proceeding”, at the Beverly Hills Courthouse, Attorney David Pasternak, acting as pretense “Receiver” - with no valid and effectual  Appointment Order, and Attorney Richard Ormond, on behalf of Mara Escrow, appeared before Judge Lisa Hart-Cole to request Court approval of various documents, never previously seen by Complainant, including, but not limited to: a. “Grant Deeds”, which were later opined as “fraud”; b. “Indemnity Agreement” for Mara Escrow – for future criminalities, and c. Gag Orders – to prohibit

pro se

Defendant from speech in defense of self with escrow or with the title company, who were conspiring with  Attorney Pasternak, the Court, and others to commit real estate fraud.  At the onset, Defendant filed a Peremptory Challenge with Judge Hart-Cole. In the proceeding that ensued, both Judge Hart-Cole and Attorney Richard Ormond refused to disclose the name of the latter, or the identity of the party, which he represented in Court in the proceeding. Consequently, Judge Hart-Cole issued Minutes of Recusal. However, later she secretly “disposed” of the Minutes in Sustain - the Court’s case management system, effectively eliminating the proceeding from the record. 2) In the second “Ex Parte Proceeding”, at the Santa Monica Courthouse, Judge Patricia Collins introduced Attorney Pasternak as an “Ad Hoc Receiver”. In response to then Defendant Zernik’s objections for abuse of Free Speech and Possession rights in such “Ex Parte Proceeding”, Attorney Pasternak  justified the need for the proceeding in his shortage of funds. Judge Collins then pretended in open court to approve Attorney Pasternak’s requests. However, Judge Collins secretly created for the proceeding void registration and void Minutes in Sustain – with no certification by Clerk. Consequently, on December 17, 2007, Attorney Pasternak concluded the fraud in conveyance of title on the property. However, the fraud in conduct of

Samaan v Zernik

continues to this date – the case continues to be listed as “Pending” – since no Judgment was ever entered in the case. The complaint alleged that the mere notion of conducting such proceedings at the Court reflected the impunity of the enterprise. Pretense “Receiverships” by Attorney Pasternak in other cases at the Superior Court of California, County of Los Angeles, were documented in complaints previously filed with the US Attorney Office. The scheme was claimed as part of the larger enterprise, founded in the conduct of pretense proceedings and issuing of pretense minutes, pretense orders, and pretense judgments. Sustain, the case management system of the Court, was alleged as the enabling tool of the racket. The complaint, was claimed of high public policy significance, since David Pasternak, who was alleged in a series of complaints as a central figure in the enterprise, was former President of the Los Angeles County Bar Association, former Member of the California Judicial Council, and former President of Bet Tzedek (“The House of Justice”) – a prominent Los Angeles Jewish/legal charity. Therefore, the complaint alleged that his conduct reflected widespread public corruption of both the California courts and the legal profession. Moreover, the complaint alleged that conduct of

Samaan v Zernik

 was unique in documenting conditions, where the Los Angeles Superior Court was not only permissive and conducive, but also coercive of criminalities by financial institutions. The complaint alleged such conditions - collusion of judges, large financial institutions, and large law-firms in an enterprise - undermined any prospect of establishing effective banking regulation in the United States. The complaint quoted the official Blue Ribbon Review Panel (2006), which concluded that the Los Angeles Superior Court “must be investigated”, and highly decorated FBI veteran, Fraud Expert James Wedick, who opined (2008) “

investigation should be immediately instituted

”, as well as Congressional Inquiries on FBI and US Department of Justice by the Hon Dianne Feinstein, Senator, (2008, 2010) and the Hon Diane Watson, Congresswoman, (2008) in related matters. Complainant asked the US Department of Justice to institute such investigation and accord equal protection to all 10 million residents of Los Angeles County, California. Judges were previously prosecuted for racketeering in San Jose and San Diego, California, and in Cook County, Illinois. Judges are today prosecuted for racketeering in Luzerne County, Pennsylvania. Judges are also prosecuted in El Paso Texas, and large-scale corruption of the courts and the legal profession is under investigation in Florida. Senior Counsel Laurence Tribe recently warned of deteriorating conditions at the state courts in the US, comparing them to those of “third world” nations. Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice system in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management and online public access systems in the precipitous deterioration of integrity of the courts in the United States.

1

 

For ease of access to the hyperlinks provided in instant complaint, an online copy was also posted at: http://inproperinla.com/10-08-21-compalint-v-judges-collins-hart-cole-ori-pasternak-s.pdf  

Digitally signed by Joseph Zernik DN: cn=Joseph

 

Zernik, o, ou, email=jz12345@earthlink.net, c=US Date: 2010.08.22 23:54:59 +03'00'

 

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 Page 2/14 August 22, 2010 TOC 

Andre Birotte Jr., US Attorney, Central District of California. 221 N Figueroa St, Los Angeles, CA 90012 By certified mail. By fax: 213-894-6269 Prof Laurence Tribe Senior Counsel US Department Of Justice Access To Justice Initiative

 

TO THE US ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA, AND PROF LAURENCE TRIBE, SENIOR COUNSEL, US DEPARTMENT OF JUSTICE, ACCESS TO JUSTICE INITIATIVE: Please accept instant Citizen’s Complaint by Joseph Zernik, PhD, and Human Rights Alert (NGO) against former Judge Patricia Collins, Judge Lisa Hart-Cole, of the Superior Court of California, County of Los Angeles, Attorney David Pasternak (Pasternak, Pasternak, Patton), Old Republic International (NYSE:ORI) – a large financial institution, and others, listed below - for public corruption and racketeering in pretense  proceedings on December 7, 2007, under caption

Samaan v Zernik 

 (SC087400).

COMPLAINT A. General 1. What did the experts say about the justice system in Los Angeles County, California?

•

"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 Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."

 

LAPD Blue Ribbon Review Panel Report (2006)

i

 

•

"...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2000)

ii

 

•

"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2000)

iii

 2. What did Senior Counsel at US Department of Justice 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 Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations." Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute

iv

 

3. Complainants

Human Rights Alert (NGO) and Joseph Zernik, PhD, resident of Los Angeles County, California Mailing Address: PO Box 526, La Verne, California 91750 Tel: 323-515-4583 Fax: (preferred) 323-488-9697 Email: (preferred)  jz12345@earthlink.net 

4. Complainants are not attorneys, neither are they represented by counsel in this matter

Therefore, special lenience is requested in review of the complaint. In most cases, no sections of the code were referenced. Where errors were made, in reference to sections of the code, the US Attorney is requested

 

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 Page 3/14 August 22, 2010 TOC 

to disregard such references to the code, and instead - review the facts alone, and apply the sections of the code as he deems fit.

5. Public Policy Significance

The complaint holds unique public policy significance, since it documents conduct at the Superior Court of California, County of Los Angeles, which is alleged as a well-established racketeering enterprise. Such evidence was also documented in complaints, previously filed with the US Attorney Offices, linked below. Moreover, Attorney David Pasternak, alleged as central figure in the racket, is former President of the Los Angeles County Bar Association, former Member of the California Judicial Council, and former President of Bet Tzedek (“The House of Justice”) – a prominent Los Angeles Jewish charity. Therefore, it is alleges that his conduct reflects widespread corruption of the California courts and the legal profession. Inherent in the case is also unique documentation of the patronage by some at the US District Court, Central District of California, of alleged enterprise at the Superior Court of California, County of Los Angeles (see Related Court Actions and links, below). Finally, the case should be considered of high public policy significance, since it provides unique evidence of collusion in alleged racketeering by judges, large financial institutions, and large law-firms at the Los Angeles Superior Court. Following the Enron scandal, the US Congress passed the

Sarbanes-Oxley Act 

 (2002) to curtail fraud by large corporations and by counsel. Under the ongoing financial crisis, the US Congress  passed the

Fraud Enforcement and Recovery Act 

 (2009). However, instant complaints documents conditions in Los Angeles County, California, where the Los Angeles Superior Court is not only permissive and conducive, but also coercive of alleged criminality by large financial institutions. Therefore, it is alleged that the complaint documents conditions, which undermine any prospect of establishing honest and effectual banking regulation in the United States. The complaint also documents serious alleged violations of Human Rights in the largest county court in the United States, serving the most populous county in the United States, and refusal of senior officers of the US Department of Justice to provide equal protection (see below). The complaint further documents the refusal of the US government to abide by its duties and obligations as a good-faith party to the Basel Accords on international banking (see below).

6. The Accused

a) Attorney David Pasternak (Pasternak, Pasternak, Patton, LLP);  b) Judge Lisa Hart-Cole; c) Former Judge Patricia Collins; d) Judge Jacqueline Connor; e) Presiding Judge Charles McCoy; f) Judge in Charge of Writs and Receiverships David Yaffe; g) Clerk of the Court John A Clarke; h) Court Counsel Fredrick Bennett; i) Attorney Richard Ormond (Buchalter Nemer, LLP);  j) Liz Cohen – Senior Escrow Officer, Mara Escrow; k) Mara Escrow – a subsidiary of Old Republic International (ORI), and l) United Title Company.

7. General Claims

Conduct of the accused at the Civil Division of the Court in the caption, referenced above, is alleged as including, but not limited to: a)

 Denial of Access to the Courts;

  b)

Public Corruption;

 c)

 Deprivation of Rights Under the Color of Law;