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, DC 20515 Fax: 202-225-8628 The Honorable Patrick Leahy, Chair US Senate Committee on the Judiciary 433 Russell Office Building Washington DC 20510 Fax: 202-224-3479
RE: Investigation and Impeachment Proceedings if Warranted US District Court of Massachusetts Chief Judge Wolf US District Judge Zobel US District Judge George A. O’Toole (same requested by Dr. Joseph Zernik 7/2/11) US Court of Appeals of the First Circuit Chief Judge Sandra Lynch
Dear Honorable Gentlemen, The Senate Judiciary Committee has been made aware that my action in the US District Court of Massachusetts and Extraordinary Writ filed with the USCA 1 are under unquestionable usurpation by my submission of substantial documented material evidence; CIVIL ACTION NO. 10 CA 11343 GAO and case no. 11-1668 respectively are the aforementioned actions. Please be aware that the Electronic Filing System used in the federal court system has become the primary tool that the corrupt use to deprive American’s of their Constitutional Rights; any court staff who have access to the system can type /s/ followed by any Honorable Judge’s name and represent bogus filings to be true and valid court documents. The court system is set up so that in no way, state or fashion the signature on the documents of court rendered decisions can be trusted as a true electronic signature by any judicial officer. By definition an electronic signature is achieved
by establishing an ID with a user name and pass word for a specific computer system. The typed signature on the document matches the then established user name entered via a pass word and the document is considered legally signed and sound. If the typed signature on the document does not match the user name via a correct pass word as established when the account was created the signature is essentially invalid. The court, itself, states any filing where the signature does not match the username of the registered filer triggers an immediate follow up with the registered user by clerk staff in regards to filings that go into the court. The recipient of a court document has no way of knowing if a document is valid; at best, if they are filing themselves with the electronic filing system they are only sure that the document came from the court when they receive a notice of electronic filing (NEF). Dr. Joseph Zernik, in a relentless pursuit, has tried to inform you of the aforementioned and the dire need of reform of the Electronic Filing System which, at this point, would now only scrape the surface of the intrinsic corruption prevalent in our federal court system. The courts are “OUR” courts meaning the peoples’ court; they do not belong to the corrupt. If the following does not convince you that the former is a cause for immediate action, then the American people will have to accept that they have no legitimate justice system and, in fact, live under tyranny. It is clearly evident that the appeal I have been forced to file with USCA 1will also be blocked from any legitimate process. My filing fee was paid to the US District Court on October 12th but the posting on the docket that the payment was received was purposefully delayed. I alleged that this was a calculated effort so that the corrupt docket clerk could first post the notice of appeal and include exhibit 2 which alerts the USCA 1 that the filer has been (unwarrantedly) permanently barred from filing in the US District Court. Attachment 2 cues the USCA 1 to continue the usurpation and block the case from the judges; the USCA 1 staff attorney assigned to review pro se filings will then draft, enter and file a bogus “JUDGEMENT”. The clerk staff at the US District Court of Massachusetts received a postal money order for $455.00 with my notice of appeal to the First Circuit Court of Appeals
before noon on the 12th. This corrupt court system has already stolen my $450.00 filing fee that I paid when I filed my Extraordinary Writ on June 10, 2011 directly with USCA 1. One of the corrupt Jackson Lewis civil defense attorneys filed a notice of appearance on June 28, 2011 which was eight days after my Writ was “DENIED” without an opinion and a June 13th docket text entry was made at that time by a corrupt USCA 1 employee indicating a three judge panel assignment; there was no June 13th docket text or a panel assignment on June 20th which was the date of the “JUDGEMENT”. The “JUDGMENT” was posted on the docket June 20, 2011 and nowhere on the docket was there text indicating a panel assignment; in fact the block on the upper part of the docket designated for Panel Assignment information appears as follows on the three dockets I have downloaded from pacer which are dated June 10th, June 20th and September 22nd [Panel Assignment: not available]. The attorney’s appearance was made on June 28th to effectuate entry into the case with an appearance of legitimate purpose and corrupt staff made the docket text note dated June 13th at that time. The “JUDGEMENT” which simply stated "DENIED" without an opinion, by law, had to have an opinion explaining any denial because usurpation falls under the crime victims’ act. My judicial misconduct complaint submitted to the Circuit Executive Office of the First Circuit back in March regarding this usurpation has been purposefully stalled and no steps to initiate corrective action were ever taken. The evidence which is the record, itself, indicates unquestionable usurpation and my allegations are well supported by established law, rule and material evidence. The Circuit Executive Office of the First Circuit has continued with purposeful delay in spite of my multiple requests to expedite the panel review that I requested through petition three months ago after receiving a bogus order on May 18th that ignored fact, rule, law and all legislative authority in regards to the jurisdiction and authority of the magistrate; the order made blatant patently false statements. I first made my complaint regarding judicial misconduct more than seven months ago; taxed paid servants have no right to violate the citizens they serve yet it seems those who serve in our justice system do so routinely without fear of consequence. What I am describing to you is beyond shameful!!
My case in the US District Court of Massachusetts was unjustly dismissed with prejudice on the same day the corrupt attorney made the unnecessary notice of appearance in the USCA 1 action which effectuated the fraudulent entry of the panel assignment docket text. The usurpation continued after I filed an affidavit exposing their corrupt maneuver that dismissed my action; I received a bogus document with a denial of all my post dismissal motions. I was unjustly named a vexatious litigant, barred from filing with the court and they illegally certified that any appeal would be frivolous forcing me to pay the appeal fee; they also terminated my ECF filing privileges so that I would have to file my notice of appeal by mail. I am disabled with my only income SSDI; this case that has had zero adjudication on the actual merits and has been under usurpation since filed on August 2, 2010. The vile behavior of corrupt court staff escalated when their ruse of pretense litigation was exposed in my court filings and they have been abusing me ever since. I had to deal with their corruption while here in Massachusetts at the same time I was trying to deal with my father’s death; emergency motions went ignored as were repeated motions and phone calls requesting they expedite a decision on my post dismissal filings. I explained in my documents and on the phone that my son was hospitalized and I needed a decision so I could take him back to Washington with me to ensure his healthcare needs were met. The corruption that has stalled justice for me is at minimum indirectly related to my father’s death and there is evidence that this vile corruption may very well be directly related to my father’s death; I want it halted now. These public servants have kept me in an unrelenting state of anxiety quite long enough. Multiple acts of fraud upon the court by corrupt civil defense attorneys, a pro se staff attorney and a Magistrate, who by law has no jurisdiction over the matter and who purposefully violated my constitutional rights by blocking any and all of my filings with the court from a US District Judge, are being ignored by the Circuit Executive Office which leaves no recourse for any litigant in these more than unfortunate circumstances. The Circuit Executive Office has also ignored this most recent evidence of continued usurpation by corrupt court staff in collusion with civil defense attorneys at the USCA 1. My Extraordinary Writ, which more than validates usurpation, was included in my petition for a three judge panel review
of the first bogus order regarding judicial misconduct. The language in the petition is as follows:
The total text of the Extraordinary Writ contains a consolidated view of all the evidence and law that was presented to Florence Pagano during the processing of this misconduct complaint including the context of the initial complaint and the context of multiple subsequent emails in which the filings on record of the “RULINGS”, submissions by the Plaintiff and by the defense were directly provided as well as multiple exhibits (the index provided in the Writ will be helpful to you over going through the multiple emails I sent to Ms. Pagano but I will provide you copies of any and emails upon request).
It appears usurpation and violation of constitutional rights with purposeful obstruction of justice is routine practice by the public servants who work in the Circuit Executive Office of the First Circuit. I have alleged that forged signatures of the Chief Judge are placed on bogus orders that deny misconduct and I believe that Chief Judge Lynch’s signature on the first order regarding my complaint of judicial misconduct which ignored fact, rule and law was forgery. If hand signed forgeries are occurring without fear of consequence you can only imagine the volume of unjust rulings with zero Article III oversight that have been dispensed through the Electronic Filing System of this court. It appears that the third branch of our government suffers widespread intrinsic corruption where this disabled litigant’s filing fee of $455.00 will be essentially stolen and her action will fail under continued usurpation; in the mean time I will be forced to continue doing tons of legal work just to stay in a game that from the start I was set up to lose; the unfortunate factor is that all this is occurring because the law and evidence in an honorable court has me set up to prevail and the corrupt attorneys know it. My pro se legal work, that I and others believe is presented more than adequately, is not easy for me because of my disabilities; it takes me days to get any intended filing suitable for presentation to the court. I have been writing this letter for five days. The docket, now with 101 entries, by Supreme Court Law and the merits of the case should not have required even one more filing by me past the initial complaint. The bogus Defendant’s answer to my complaint would have raised the eyebrows of any honest judge. Under this continual usurpation I have had to file
multiple documents to combat the continue fraud presented by the corrupt court staff and defense attorneys. Please be aware that this litigation involves a corporation and the defense attorneys purposely did not file a notice of appearance; their filings that have been recognized by the corrupt would not be recognized by the court per Local Rule and Massachusetts law. With this appeal the attorneys will continue to charge their clients for their appeal “work” as they continue filing bogus documents that require no significant time or actual work on their part. The tax payer will be supporting the public servants who will be freely allowed to continue abusing and robbing a disabled American. This now has the appearance that the judges are involved because there is no way this corruption could be this wide spread without their knowledge; I allege that they are simply having the clerks and Circuit Executive Office do their dirty work as they maintain a low profile by ensuring that no bogus document has a legitimate signature that can be traced back to them. Because the court staff are more than aware I can ID which computer in the court, as far as staff v. judge’s computer, by the PDF properties and that I know the properties of PDFs containing opinions by Judge O’Toole my dismissal with prejudice, which is beyond bogus by the language alone, was a scanned PDF to mask properties. Court staff were not pleased when I informed them that I was well aware that no part of my action had ever passed before the eyes of a US District Judge and that I knew the exact computer that created the scanned PDF with my dismissal. Court staff then worked to ensure that a few legitimate appearing documents entered into the ECF system were also scanned from that same computer. One of these scanned PDFs included the sudden and quiet exoneration of the Assistant US Attorney who was under a three judge panel review for misconduct that was well documented in opinions by USCA 1, by the Chief Judge, and by the SJC and highly publicized; the three judges hand signed the decision that had lingered for nine months and court staff created a scanned PDF of the document on the same computer that scanned my (Dkt. #86) bogus dismissal before Judge O’Toole’s Docket Clerk entered it into the ECF System; now an assistant US
Attorney has a document in a scanned PDF with the hand signature of three judges that has the exact properties of the PDF document that dismissed my case. My dismissal document has no hand signature. I requested a hand signed signature on any decision from the court in my final motions and my request was ignored. All court staff entries of judicial decisions on the US Attorney’s docket since the three judge panel assignment had been entered by Judge Zobel’s clerks; this final decision was entered on the docket by Judge O’Toole’s Docket Clerk but the scanned PDF was not created from Judge O’Toole’s Docket Clerk’s computer just as my dismissal entered by Judge O’Toole’s Docket Clerk was not created into a scanned PDF from Judge O’Toole’s Docket Clerk’s computer. The decision exonerating the Assistant US Attorney was entered into the ECF System in a scanned PDF created on Magistrate Judge Sorokin’s Judicial Assistant’s computer as was the decision that dismissed my case. I have other documents where scanned PDFs are created by Judge O’Toole’s Docket Clerk from his computer with Judge O’Toole’s hand signed signature and a hand signed signature should be the only legitimate reason any scanned order should be entered into the ECF System by the staff of this court. Judge O’Toole’s Docket Clerk has perfectly fine up to date scanning availability from his own computer to create PDFs when documents have the hand signed signature of Judge O’Toole and he also creates scanned PDF’s for anything he hand signs; my filings sent to the court by mail early in the case are known to be scanned PDFs created on Judge O’Toole’s Docket Clerk’s computer because he entered my paper filings (Dkt. #1 complaint is the only exception) as scanned PDF’s early in the case. The magistrate who has usurped my action used to clerk for Judge Zobel who was one of the Judge’s on this three Judge panel. The FBI and the DOJ here in Massachusetts are, not only, now unresponsive to my complaint but a duty officer at the FBI would not even let me update my complaint when I discovered the June 13th entry on the appeals docket and he essentially hung up on me. I have requested an Assistant US Attorney call and speak with me based on rights described in the Crimes Victim Act to the Massachusetts DOJ multiple times and my requests have been ignored. I have reached out to other federal and State
entities with my complaint of constitutional violations at the hand of corruption and no help that I am aware of follows; I am requesting the privilege of speaking with you directly in regards to this matter. The aforementioned scenario regarding the Assistant US Attorney came forth after I exposed their previous cover-up attempt in my affidavit attached to docket 100 which involved a sudden favorable decision regarding post conviction motions (a RICO conviction) and clear ghost writing by the magistrate who has usurped my action. The “all recent orders docket” clearly indicated Judge O’Toole was not present in court when the initial docketing of this opinion occurred. This opinion was scanned on the computer that scanned my illegal dismissal. The opinion then posted on “all recent opinions” web page with publisher information with the last page of the opinion page 33 then jumping to page 41 with publisher information. There are too many irregularities regarding this opinion that make no sense to consider this document anything but a cover up attempt as described in my affidavit. The opinion was chased by the sudden and quiet favorable decision regarding the Assistant US Attorney; the highly public and published scandal’s final decision did not even make it into the two major Boston news papers. The fact that opinion regarding the post conviction motions was written by the Magistrate with a favorable order that would allow for a new trial while Judge O’Toole was not even present in court and concerned a case in which the Magistrate had no previous assignment also requires investigation. The opinion written on a Thursday was then posted the following Monday with publishing information; Judge O’Toole was present in court on that Monday. There is an unquestionable signature variant in the /s/ typed signature that undersigns the opinion. An investigation is more than warranted; there is an appearance that law has been broken and deals made. Who had the idea to reinforce an appearance that the scanned document was valid by posting it with publisher information on the all recent opinions web page? An opinion that is scanned has no copy and paste or search capabilities and a publish opinion would never be scanned. See Dkt. #100 exhibit one which describes how I know, without a doubt, that this opinion that is undersigned with the name Judge O’Toole was in fact
constructed and then forged with Judge O’Toole’s name by the Magistrate Judge Sorokin and then created into a scanned PDF by Magistrate Sorokin’s Judicial Assistant. I am requesting the Senate Judiciary Committee and the House Judiciary Committee initiate an immediate investigation to rule in or out involvement in this corruption by Chief Judge Wolf, Judge Zobel, Chief Judge Lynch of the USCA1 and impeachment proceedings if warranted; I am reinforcing Dr. Zernik's request for an investigation to rule in or out involvement by Judge O’Toole in this corruption and impeachment proceedings if warranted. I am the victim of multiple Title 18 violations by public servants, the defendants and the corrupt civil defense attorneys; the involved public servants should be put before a Grand Jury. The massive intrinsic corruption within the Massachusetts Federal Court System that involves violation of criminal law must be investigated. Even if these Judges are found to have absolutely no connection to the corrupt activity they should be disciplined for not being aware of the constitutional violations and obstruction of justice that the citizens of Massachusetts have been subjected to at the whim of these corrupt public servants which has occurred for over a period of years. The Clerk of the Court, who serves at the pleasure of the court, is alleged to be responsible for directing multiple constitutional violations and violation of Title 18 criminal law by public servants; an investigation into the level of involvement, if any, by the judges will at minimum further expose these atrocities by the Clerk of the Court which if not placed in check will grow more vile. The initiation of correction is far past due. Hearings will reveal if the Clerk of the Court should be relieved of her duties where her alleged corrupt behavior most certainly impacts public opinion regarding judicial integrity here in Massachusetts. At maximum a finding of covert and overt involvement by the judges followed by impeachment proceedings will restore the justice system here in Massachusetts and initiate the same throughout the country. My report to the Senate and House Judiciary Committees is backed by significant evidence. AMERICA WANTS THIS BEHAVIOR IN OUR COURTS NOT ONLY HALTED BUT PROSECUTED.
A racketeering scheme in the Massachusetts Federal Court System that steers profits to outside attorneys is clear in the evidence I have submitted to your committees; the extent as to how much court staff and judges are benefiting needs to be investigated. The Assistant USA’s case and the RICO case decisions have the appearance of inappropriate deal making. With over 53,000 reads of documents on my Scribd site describing the improprieties and federal violations that have occurred in my case, alone, it is doubtful that the legal profession here in Massachusetts is completely unaware of the corruption; I find it likely that the judges are also aware and the mere existence of that very possibility with no action coming forth to protect my rights is an indicator that they are involved. No attorney wants to get involved in my case because of the level of obvious corruption. The aforementioned is a symptom of the widespread disease within the legal community and fear of retaliation by honest attorneys is an indicator of judicial involvement. Law enforcement here in Massachusetts has been notified that I was threatened with criminal charges at the direction of the Clerk of the Court for no valid reason other than to stifle my reporting of the criminal activity and multiple Title 18 violations coming from within the court itself; there has been no action taken on my complaint, that by law is defined as clear and unquestionable extortion under the color law, by any law enforcement. If the US Marshal is charged with protecting the integrity of the federal judges then prompt action to protect my rights and discipline those involved in this corrupt activity should have been initiated; action by the US Marshal regarding allegations of any corruption by court staff should always be taken to ensure sound reputations of our US District Judges. There was no action and I was simply told that everything was as it should be and bogus unconstitutional decisions undersigned with the name of a US District Judge were allowed publication and the switching of files in the ECF System by a corrupt attorney with clerk staff assistance was ignored. The US Marshal is protecting the integrity of rampant corruption and not the integrity of our US District Judges; inaction regarding the material evidence I presented to the US Marshal is a clear indicator that the judges must be not only be aware of this corrupt activity but at minimum covertly involved.
Chief Judge Wolf had my Contempt Motion (Dkt. # 85) in his hand; this motion clearly articulated that my action in his court was under usurpation and that the usurpation included multiple staff and a magistrate judge; he was responsible for the passing of the Contempt Motion back to Judge O’Toole’s Docket Clerk. My Contempt Motion was then, just as my first Contempt Motion (Dkt. #58) had been, entered on the docket with purposeful deficient procedure by Judge O’Toole’s Docket Clerk and, both, Contempt Motions received zero due process. My Contempt Motion (Dkt. # 85) was not even filed on the docket until three months after it was hand delivered to the court by a process server. [actual read count on my Scribd site is reflected in the graph because Scribd is unable to count accurately any extremely high read volume--for instance in one day alone there was close to 20,000 reads] America is aware so please ensure prompt action; America’s Leadership needs to reestablish trust in our government! The fact that employment attorneys can stand bar in this court and freely commit blatant fraud upon the court while running pretense litigation with the assistance of court staff after escaping any finding at the EEOC when substantial proof of their clients’ fraudulent positions and records were provided to the EEOC yet ignored is beyond troubling; the fact that one of the Defendants made a huge suspicious money transaction six days before their position statement was hand delivered to the EEOC by their attorney and the resulting course of events is beyond suspect. A general court order in violation of legislative authority (actual language of authority: the court may appoint an attorney for any indigent litigant) that states indigent litigants who are in litigation against former or current employers are not allowed to be part of the pro bono program sets the litigant up for retaliation to ensure indigent status and no representation. In light of the free rein of public servant corruption and ignored attorney fraud upon the court my action in the US District Court of Massachusetts has revealed the overwhelming appearance of racketeering. Again we have no valid judge’s signature on this general court order that denies indigent litigants any pro bono help; all the judges’ names are simply
typed at the end of the order (not even with the /s/ before their names which, quite obviously, is also beyond meaningless). Organizations that provide legal help to the disabled here in Massachusetts declined to provide me help stating they did not extend any assistance if the legal help needed involved action against an employer. Any involvement of US District Judges in a racketeering scheme as obvious as the evidence suggest should be investigated and even more so any US District Judge involved in the intentional violation of constitutional rights and obstruction of justice must be investigated. October is disability awareness month! What these public servants have done to me is beyond wrong and even more beyond wrong is that no authority has taken prompt and immediate action to halt their illegal behavior. I am asking for your awareness in this more than obvious constitutional violation against, not only a disabled person, but all of the just average Joe’s who have had their rights slaughtered in the house of justice at the whim of the corrupt who fear no consequence here in Massachusetts. A prompt response to this letter is respectfully requested.
Yours truly, Laura J. McGarry Contact information provided
In collusion with corrupt attorneys 1ST Circuit Appeals corrupt staff cash disabled litigant's money order, block writ from judge & manipulate docket 8 days after DENIED without an opinion
Reading "Dishonest Service Fraud With Obstruction of Justice in th..." on Scribd http://www.scribd.com/doc/62737753 This leads to other reads. Reading "The Criminal Enterprise at the Us District Court of Massa..." on Scribd http://www.scribd.com/doc/64869599 Shows the case docket and I note their corrupt tactics in red.
Reading "Cover-Up of Corruption and Violation of Constitutional Ri..." on Scribd http://www.scribd.com/doc/64299428 May explain the unresponsive FBI and DOJ see the update page 22!! UPDATE to this READ—DiMasi was denied appeal but this reading was posted well before that decision. Make your own determinations!! I have mine.