Professional Documents
Culture Documents
by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Date: 2011.02.05
Blog: http://human-rights-alert.blogspot.com/ 23:11:09 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert
management systems of the US courts) enable such conduct. The US Congress is called upon to
perform its duties and initiate corrective actions.
1. The PACER records in Lindner v Amex show a pattern of false and deliberately misleading court
records, alleged as Fraud on the Court. [v ]
a) Docket Report
The names and authority of persons, who constructed the PACER docket are never disclosed in the
records. Upon information and belief, unauthorized persons constructed the PACER docket. Such
dockets should be deemed invalid, in violation of the US law and the Oath of Office of the Clerk.
The records in the PACER docket of Lindner v Amex from PACER (the online public access system
of the Court) show that:
ii. No Assignment Order for US Judge JED RAKOFF is found in the docket.
• Therefore Judge JED RAKOFF’s appearance in the case as Presiding Judge should be
deemed with no authority.
iii. No Referral Order for US Magistrate JAMES L. COTT is found in the docket.
Date Filed # Docket Text
03/15/2010 Magistrate Judge James L. Cott is so designated. (rdz) (Entered: 03/29/2010)
03/31/2010 3 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for
assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial
motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to
Magistrate Judge James L. Cott. (Signed by Judge Jed S. Rakoff on 3/30/2010) (tve) (Entered: 03/31/2010)
• Notations were listed in the docket of referral to US Magistrate Cott, but no record to that
effect appears in the docket, and there is no evidence that such record ever existed.
• Since no docket number was assigned and no records was linked to the notation of referral to
US Magistrate Cott, even had such record existed, the record could not have possibly be
electronically authenticated through an ENF (Notice of Electronic Filing).
z Page 3/11 February 5, 2011
• The Order Referring Case to Magistrate Judge (Dkt #3), shows false and deliberately docket
notation “Referred to Magistrate Judge James L. Cott”. In fact, the linked record of “Order”, includes no
evidence of referral to Magistrate JAMES L COTT.
• Therefore Judge JAMES L COTT’s appearance in the case should be deemed with no
authority either.
The notations in the PACER docket, copied above, pertaining to referral to Magistrate Cott
should be deemed deceptive and evidence of collusion by Judge JED RAKOFF and Clerk RUBY
KRAJICK in this matter.
iv. No evidence is found in the docket that counsel for Defendants were authorized as Counsel of
Record.
Date Filed # Docket Text
10/05/2010 7 NOTICE OF APPEARANCE by Douglas M. Kraus on behalf of American Express Company, Ken Chenault, Ash
Gupta, Louise M. Parent (Kraus, Douglas) (Entered: 10/05/2010)
10/05/2010 8 NOTICE OF APPEARANCE by Joseph N. Sacca on behalf of American Express Company, Ken Chenault,
Ash Gupta, Louise M. Parent (Sacca, Joseph) (Entered: 10/05/2010)
• The two Notices of Appearance (Dkt #07,08) are the only records filed by the Defendants, to
which public access is permitted in the PACER docket.
• In both Notices of Appearance, the respective attorneys failed to certify their authority to
appear as Counsel of Record for the Defendants under the caption of Lindner v Amex.
• Appearances in the US courts of unauthorized counsel for large financial institutiosn, with
“no communications with clients” clause, was detailed in the March 5, 2008 Memorandum
Opinion of US Bankruptcy Judge Jeff Bohm in the Case of Borrower Parsley. [ viii ]
• Further evidence of the appearances of unauthorized counsel in the US courts and related
discussion is provided in the Motion to Intervene and related papers under Log Cabin
Republicans v USA et al. [ ix ]
Further investigation may discover that Attorneys Kraus and Sacca engaged unauthorized
appearances on behalf of Defendants and Fraud on the Court in Lindner v American Express
Company.
Permitting appearances of counsel whose authority to appear is vague and ambiguous should be
deemed violation of Due Process rights.
• Notations were listed in the docket of execution of service of amended summons on Ash
Gupta, Louise M Parent, and Ken Chenault. However, no issuance of either initial or
amended summonses on these parties was noted in the docket.
The notations pertaining to execution of service of summonses should be deemed deceptive. (See
Related Transactions Report and Deadlines/Hearings Report, below) The record as a whole
indicates that the Court never deemed execution of summons as having been executed in this
case.
vii. The Defendants’ Motion to Dismiss and related papers were not docketed
Date Filed # Docket Text
10/20/2010 14 MOTION to Dismiss the Plaintiff's Amended Complaint. Document filed by American Express Company, Ken
Chenault, Ash Gupta, Louise M. Parent. (Received in the night deposit box on 10/20/10 at 9:31pm)(mro)
(Entered: 10/21/2010)
10/20/2010 15 MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss. Document filed by American Express
Company, Ken Chenault, Ash Gupta, Louise M. Parent. (Received in the night deposit box on 10/20/10 at
9:31pm) (mro) (Entered: 10/21/2010)
10/20/2010 16 DECLARATION of Joseph N. Sacca in Support re: 14 MOTION to Dismiss. Document filed by American
Express Company, Ken Chenault, Ash Gupta, Louise M. Parent. (Received in the night deposit box on
10/20/10 at 9:31pm) (mro) (Entered: 10/21/2010)
• No records were linked to the docket notations for the Motion to Dismiss and related papers.
• Therefore, no authentication through an NEF could be possibly be issued by the office of the
Clerk.
The failure to link the Motion to Dismiss and related papers should be deemed part of a pattern
of arbitrary and capricious denial of public access to court records, in apparent violation of First
Amendment rights.
viii. Plaintiffs’ Opposition to Plaintiff’s Motion to Compel Discovery was not docketed
Date # Docket Text
Filed
10/28/2010 19 MEMORANDUM OF LAW in Opposition to plaintiff's Motion to Compel Discovery. Document filed by
American Express Company, Ken Chenault, Ash Gupta, Louise M. Parent. (Received in the night deposit
box on 10/28/10 at 7:27 pm) (mro) (Entered: 11/02/2010)
• No records were linked to the docket notations for the Opposition to Plaintiff’s Motion to
Compel Discovery.
• Therefore, no authentication of the record through an NEF could be possibly be issued by the
office of the Clerk.
The failure to link the Plaintiff’s Opposition to the Motion to Compel Discovery should be
deemed part of a pattern of arbitrary and capricious denial of public access to court records, in
apparent violation of First Amendment rights.
iii. Deadlines/Hearings
• Deadline of 8/13/2010 was set for the execution of service of the initial summons and
complaint. The service was noted neither as “Satisfied”, nor as “Terminated”. Regardless,
the Court did not dismiss the complaint within the time prescribed by the Federal Rules of
Civil Procedure.
• Deadline of 09/13/2010 was set for the execution of service of the amended summonses and
complaint. The service was noted neither as “Satisfied”, nor as “Terminated”. Regardless,
the Court did not dismiss the complaint within the time prescribed by the Federal Rules of
Civil Procedure.
• Deadline of 10/21/2010 was set for Answer. The Answer was not noted as either
“Satisfied” or “Terminated”.
2. Further evidence of Fraud on the Court by US Judge JED RAKOFF and Clerk RUBY KRAJICK
in conduct of Lindner v Amex is likely to be discovered in the electronic certificates of
authentication/attestation by the Clerk (NEFs – Notices of Electronic Filing).
z Page 7/11 February 5, 2011
The electronic certificates of authentication/attestation by the Clerk (NEFs) are critical for monitoring
the validity and integrity, or lack thereof, of the records and docket in Lindner v Amex. [ xiii ]
No access is permitted to the NEFs by the office of Clerk RUBY CRAJICK, US District Court,
Southern District of New York, in apparent violation of First Amendment rights. [ xiv ]
Therefore, there is no way for the People and for pro se Plaintiff, who is not authorized in CM/ECF, to
ascertain that any of the records and the docket as a whole were deemed by the court itself as valid and
effectual.
Upon information and belief, it is further alleged that upon investigation and discovery it would be
found that no valid NEFs were issued for any of the minutes (to the degree that any minutes could be
deemed issued in the case), or the orders in the case.
Therefore, it is alleged that US Judge JED RAKOFF and Clerk RUBY KRAJICK colluded in the
issuance of null and void orders and the construction of a false and deliberately misleading docket in
Lindner v Amex.
3. The findings and allegations in Lindner v Amex match the findings and allegations of Fraud on the
Court by US Judge JED RAKOFF and Clerk RUBY KRAJICK in conduct of SEC v BAC.
In Lindner v Amex it is alleged that upon discovery of the NEFs and review of the records, it would be
concluded that the pro se Plaintiff was effectively denied access to the justice and to a National Tribunal for
Protection of Rights, pursuant to the Universal Declaration of Human Rights. Instead, the pro se Plaintiff was
subjected to pretense litigation.
In SEC v BAC the conduct of US Judge JED SAUL RAKOFF was alleged as violation of his Oaths of
Office, including, but not limited to, obstruction of justice, perversion of justice, adulteration of court
records, and/or fraud on the court and as enactment of pretense litigation, aimed to create the public
perception of enforcement of the law and banking regulation on Bank of America Corporation.
The evidence in SEC v BAC, documented conduct of US Judge JED SAUL RAKOFF including, but not
limited to:
• Appearance as a Presiding Judge with no Assignment Order and with no authority in the
litigation referenced above;
• Conducting proceedings with no recorded minutes;
• Conducting off the record proceedings;
• Issuing rulings and orders on motions, which were never docketed;
• Conducting the entire litigation in alleged violation of the Federal Rules of Civil Procedure.
The conduct of Clerk RUBY KRAJICK in SEC v BAC was previously alleged as violation of her Oath
of Office, including, but not limited to, denial of public access to court records, misprision of felonies,
and/or fraud on the court, through:
• Permitting the construction of a false and deliberately misleading PACER docket in the case by
unauthorized court personnel, and
• Denial of access to the summons and to the electronic certificates of authentication/attestation
(NEFs Notices of Electronic Filing) of minutes, orders, and the judgments.
Therefore, conduct of US Judge JED SAUL RAKOFF and Clerk RUBY KRAJICK in SEC v BAC was
alleged as violation of their Oaths of Office, including, but not limited to, obstruction of justice,
perversion of justice, adulteration of court records, and/or fraud on the court
z Page 8/11 February 5, 2011
The new records from Lindner v Amex, outlined above, show US Judge JED RAKOFF and Clerk RUBY
KRAJICK repeating the same pattern of conduct, previously seen in SEC v Bank of America
Corporation.
4. Therefore, the US Congress is called upon to perform its duties and initiate investigation/
impeachment proceedings against US Judge JED RAKOFF and Clerk RUBY KRAJICK of the US
District Court, Southern District of New York.
The conduct of US Judge JED RAKOFF and Clerk RUBY KRAJICK in Lindner v Amex is alleged as
violation of their Oaths of Office, including, but not limited to:
a) Denial of Access to the Courts;
b) Deprivation of Rights under the Color of Law;
c) Obstruction of justice;
d) Perversion of justice;
e) Adulteration of court records, and/or
f) Fraud on the court.
Overall, the records from SEC v BAC, outlined in Request No 1, combined with the records in from Lindner v
Amex, outlined in Request No 2, present a pattern of conduct by US Judge JED RAKOFF and Clerk RUBY
KRAJICK, which should be sufficient for impeachment for violation of their Oaths of Office.
Moreover, the evidence may also be sufficient for prosecution of US Judge JED RAKOFF, Clerk RUBY
KRAJICK, and others on charges of racketeering pursuant to 18 USC §1962, as conduct of an enterprise
through a pattern of racketeering activity, based on numerous predicated acts inherent in the dockets of
Lindner v Amex and SEC v Bank of America Corporation.
Therefore, the US Congress is respectfully requested to perform its duties and initiate investigation and
impeachment proceedings against US Judge JED RAKOFF and Clerk RUBY KRAJICK.
5. Combined, Lindner v Amex and SEC v BAC also document the fraud in design and operations of
PACER and CM/ECF as implemented in the US District Court, Southern District of New York
Implementation of PACER and CM/ECF (the online public access and case management systems) in the
US courts is the enabling tool for conduct, such as seen in SEC v BAC, Lindner v Amex, and other cases
in the US courts from coast to coast. [ xv , xvi , xvii , xviii , xix ]
Therefore, Human Rights Alert (NGO) calls upon the US Congress and the People to perform their
duties and initiate corrective actions:
• Restoring key provisions of the Salary Act of 1919, which placed the clerks of the US courts
under the authority of the US Attorney General:
At the time, conditions in the US courts were described in the US Congress as "a burlesque", and
the Salary Act was credited as a key measure in restoring the US courts’ integrity. It restored the
capacity of the clerks of the US courts as checks and balances vis a vis judicial corruption, which
was the reason for existence of the clerks since the late middle ages. By the mid 20th century the
clerks were again placed under the authority of the judiciary.
• Enactment of federal rules of electronic court:
As part of the transition to electronic administration of government, the US Congress passed the
E-Government Act (2002) [ xx ] and the E-Sign Act (2000). [ xxi ] The US Department of Homeland
z Page 9/11 February 5, 2011
Security Presidential Directive-12 (2004) further established policies for validation and
authentication of electronic systems and electronic records of the executive branch agencies.
[ xxii ] Standards were accordingly promulgated and applications were implemented.
[ xxiii , xxiv , xxv , xxvi ]
In contrast, the US Courts established PACER and CM/ECF (the online public access and case
management systems of the US courts), which are deliberately invalid and unauthenticated. As
part of the implementation of the systems, the public is routinely denied access to the electronic
authentication records (NEFs), which are integral part of court records. Therefore, the People
and pro se litigants (who are routinely denied access to CM/ECF) are denied the ability to
distinguish between judicial records, which are authenticated, valid, and effectual, and judicial
records, which are published by the courts, but are not authenticated, and are not deemed by the
courts themselves as valid and effectual.
In the process of implementing PACER and CM/ECF, a sea change was introduced in court
procedures, which had been established for centuries as the core of Due Process. However, all
US courts that were examined, without exception, failed to publish Rules of Courts pertaining to
their new electronic procedures, in alleged violation of Due Process rights. Moreover, all courts
that were examined deny public access to various records in their electronic case management
systems in alleged violation of First Amendment rights.
Therefore, the US Congress should perform its duties and establish the electronic court systems
by law. Implicit in such law should be the requirement for publicly and legally accountable
validation (certified, functional logic verification) of such systems prior to their implementation.
• The People, and computing professionals in particular, should exercise their civic duties in
ongoing monitoring of the integrity of electronic court records:
The common law right to inspect and to copy judicial records was reaffirmed by the US Supreme
Court in Nixon v Warner Communications, Inc (1978) as inherent to the First Amendment. In doing
so, the US Supreme Court stated that the right was necessary for the People "to keep a watchful eye on
government". Today, the People must keep a watchful eye on electronic court records in particular.
No other measure could substitute for scrutiny of court records by the People in safeguarding the
integrity of the courts and Human Rights in the Digital Era.
6. Restoring the integrity of the US courts is quintessential for restoring Banking Regulation and
Human Rights during the ongoing financial crisis.
The conduct outlined in Lindner v American Express Company, in Securities and Exchange Committee v
Bank of America Corporation, and in other cases as well, documents the central role of the US courts in
undermining Banking Regulation and Civil Rights during the ongoing financial crisis. [xxvii ]
Like the Great Depression before it, the ongoing financial crisis is a system-wide integrity crisis in its
essence. Unless integrity of the justice systems is restored, socio-economic and civil society conditions in the
United States are unlikely to improve in the foreseeable future.
____
Your attention to these important matters is respectfully requested.
In case additional information would be needed in the course of investigations, beyond that which is
provided in the attached and linked reports, I would be happy to provide such help.
Notice was given to the Basel Accord Committee on international banking and the UN Human Rights
Council.
z Page 10/12 February 5, 2011
Joseph Zernik
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345
CC:
1) Basel Accords Committee
2) Various National Central Banks
3) United Nations Human Rights Council
Working Group on the 2010 Universal Periodic Review of Human Rights in the United States.
LINKS
i
11-01-10 Request No 1 for investigation/impeachment of US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District
Court, Southern District of New York, in re: Conduct of Securities and Exchange Committee v Bank of America Corporation
(1:09-cv-06829)
Hhttp://www.scribd.com/doc/46616530/H
ii
10-12-08 Request No 1 for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern
District of New York, in re: Conduct of Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829)
Hhttp://www.scribd.com/doc/44908376/
iii
Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation (1:09-cv-06829) - Pretense Litigation
and Pretense Banking Regulation in the United States; filed in support of Request No 1 for impeachment of US Judge JED
RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York
Hhttp://www.scribd.com/doc/44663232/
iv
10-12-19 Addendum to Request No 1 for Investigation/impeachment of JUDGE RAKOFF and Clerk RUBY KRAJICK, US
District Court, Southern District of New York, in re: Conduct of Securities and Exchange Commission v Bank of America
Corporation (1:09-cv-06829)
Hhttp://www.scribd.com/doc/45644678/
v
11-02-05 Lindner v American Express Company (1:10-cv-02228) in the US District Court Southern District of New York: PACER
records
Hhttp://www.scribd.com/doc/48212182/H
vi
For further discussion of practices of the US District Courts relative to electronic certificates of authentication/attestation
by the Clerk, see:
11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and
Concomitantly Filed Papers as published in the online PACER dockets
Hhttp://www.scribd.com/doc/46516034/
vii
10-12-19 Addendum to Request No 1 for Investigation/impeachment of JUDGE RAKOFF and Clerk RUBY KRAJICK, US
District Court, Southern District of New York, in re: Conduct of Securities and Exchange Commission v Bank of America
Corporation (1:09-cv-06829)
Hhttp://www.scribd.com/doc/45644678/
viii
08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion,
rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by
counsel who are not Counsel of Record, with "no communications with clients" clause:
Hhttp://www.scribd.com/doc/25001966/H
ix
11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and
Concomitantly Filed Papers as published in the online PACER dockets
Hhttp://www.scribd.com/doc/46516034/
z Page 11/11 February 5, 2011
x
For further review and discussion of access to various PACER reports in the US district courts across the United
States, see:
Zernik, J; The Clerks and the Calendars of the US Courts
Hhttp://www.scribd.com/doc/42686043/
xi
For further review and discussion of access to various PACER reports in the US district courts across the United
States, see:
Zernik, J; The Clerks and the Calendars of the US Courts
Hhttp://www.scribd.com/doc/42686043/
xii
10-11-19 Civil Litigation Management Manual, Second Edition (2010), Judicial Conference of the United States Committee on Court
Administration
Hhttp://www.scribd.com/doc/43498081/
xiii
For further discussion of practices of the US District Courts relative to electronic certificates of
authentication/attestation by the Clerk, see:
11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and
Concomitantly Filed Papers as published in the online PACER dockets
Hhttp://www.scribd.com/doc/46516034/
xiv
11-01-10 Request No 1 for investigation/impeachment of US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District
Court, Southern District of New York, in re: Conduct of Securities and Exchange Committee v Bank of America Corporation
(1:09-cv-06829)
Hhttp://www.scribd.com/doc/46616530/H
xv
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)
Hhttp://www.scribd.com/doc/38328585/H
xvi
Zernik, J; The Clerks and the Calendars of the US Courts
Hhttp://www.scribd.com/doc/42686043/H
xvii
10-10-30 Zernik, J Case Management and Online Public Access Systems of the Courts in the United States
Hhttp://www.scribd.com/doc/40511204/H
xviii
11-01-08 Press Release: ‘Don’t Ask Don’t Tell' - Motion to Intervene, requesting the US Court of Appeals to dismiss the
appeals from an uncertified judgment, was posted in the docket, is now pending before the Court
Hhttp://www.scribd.com/doc/46528428/H
xix
11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and
Concomitantly Filed Papers as published in the online PACER dockets
Hhttp://www.scribd.com/doc/46516034/H
xx
03-01-07 E-Government Act (2002) HR2458 Final - USA
Hhttp://www.scribd.com/doc/46429557/
xxi
00-06-30 E-Sign Act (2000)
Hhttp://www.scribd.com/doc/46516104/
xxii
04-08-28 DHS _ Homeland Security Presidential Directive 12_ Policy for a Common Identification Standard for Federal Employees
and Contractors - USA
Hhttp://www.scribd.com/doc/46428296/
xxiii
11-01-08 NIST-CSRC-Guidance on E-Sign Implementation in Federal Agencies
Hhttp://www.scribd.com/doc/46516618/
xxiv
05-08-05 m05-24- Office of Management and Budget: Memorandum for the Heads of All Departments and Agencies in re:
Homeland Security Presidential Directive 12 - USA
Hhttp://www.scribd.com/doc/46428607
xxv
06-09-07 Tumbleweed Validation Authority Secures FIPS 201 Certification - USA
Hhttp://www.scribd.com/doc/46427903/
xxvi
10-09-28 Innovative Uses of SCAP-Developing a Government-Funded SCAP-Validated Application/ Internal Revenue Service
/National Security Agency - USA
Hhttp://www.scribd.com/doc/46426854/
xxvii
11-02-03 Stealing from the People: Corruption in the United States; the Big Feast: Banker, Judge, Civil Servant
Hhttp://www.scribd.com/doc/48090911/H