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Human Rights Alert
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
"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 of the best-documented cases of racketeering in a US court, to cover up criminality underlying the current crisis.  Lomas v Bank of America in the Superior Court of California, County of Los Angeles, is one of the best documented cases of racketeering by Bank of America, its attorneys a state judge.  Additional cases of racketeering by Countrywide (Bank of America) that gained national publicity include Borrower Sharon Dianne Hill in the US Bankruptcy Court, PA,  and Borrower William Parsley in the US Bankruptcy Court, Tx.  Large-scale bribing of state and US judges by financial institutions must be a serious concern. 
Links:  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 Criminology Congress presentation http://www.scribd.com/doc/61351562/  11-04-17 PRESS RELEASE: Lomas v Bank of America (KC059379) Fraud turns into Extortion in the Los Angeles Superior Court http://www.scribd.com/doc/53212710/  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/  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: http://www.scribd.com/doc/25001966/  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 often under-reported. 1) Theoretical Perspective In criminological theory, the notion of racketeering by government is self-evident. It is formally categorized 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.
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More:  Case of Jezebel, Ahab, and citizen Naboth, who owned a piece of real estate, which the royal couple coveted. (1 Kings 21)  02-01-00 Stealing From the People: Corruption in Indonesia; Book 2: The Big Feast - Soldier, Judge, Banker, Civil Servant; Edited by Richard Holloway http://www.scribd.com/doc/48110315/  11-02-03 Stealing from the People: Corruption in the United States; the Big Feast: Banker, Judge, Civil Servant http://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 is done to business, and the harm in that particular case was bodily. (I.E., If police maims you as part of its RICO enterprise, you have no Civil RICO remedy. However, if police burns your business 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 prosecutions of 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:  See below original message by Neil Gillespie  See case of Dydzak v Dunn et al, where the former Chief Justice of California Ronald George and others are named defendants 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 Amended Complaint http://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. 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, or poses a threat of, continued criminal violations; and “racketeering activity” involves the violation of designated federal laws. In addition, a civil RICO plaintiff must allege that it was injured in his business or property “by reason of” a violation of RICO’s substantive provisions. This “by reason of” language provides the basis for the proximate cause requirement, established by the Supreme Court in Holmes and amplified in Anza and Mohawk Indus .
More:  See Kenda Corp. v. Pot O’Gold Money Leagues, Inc., 329 F.3d 216, 233 (1st Cir. 2003).  See Giulliano v. Fulton, 399 F.3d 381, 388 (1st Cir. 2005).  18 USC § 1964(c).  Anza v. Ideal Steel Supply Corp., 2006 DJDAR 6857 (June 5, 2006)  Mohawk Indus., Inc. v. Williams 126 S. Ct. 2016 (2006).
4) And even more on RICO
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A RICO Federal Prosecutor's workbook can be found online, which takes you step by step in outlining 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 the court setting for conducting robbery under the guise of legitimate court actions, and at the same time intimidating and retaliating against a victim/informer/witness; the pattern - is actions such as yours, through clerks that sent notices, or compiled records into a completely fraudulent court file, and racketeering activity here consisted of predicated acts per 18 USC 1961 related to robbery per state law, mail fraud per 18 USC §1341, wire fraud per 18 USC §1343, financial institution fraud 18, USC §1344, obstruction of justice 18 USC §1503, retaliating against a witness, victim, or an informant 18 USC §1513, engaging in monetary transactions in property derived 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 visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one 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 continue CNN (April 7, 2011) * About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 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 and defraud 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 responsibility when 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 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) 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 Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration
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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 (2010) http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE? * "What goes on there is more like gulags of centuries ago." ACLU http://www.scribd.com/doc/72546279/ _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES? * "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others." More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/49586436/ _____________________________ WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM? * "The American legal system has been corrupted almost beyond recognition..." Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003) http://www.scribd.com/doc/50137887/ _____________________________ WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM? * In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice. Transcript of Senator Leahy speech (2009) http://www.scribd.com/doc/38472251/
6) The electronic record systems (Sustain, PACER, CM/ECF) as prime evidence of RICO in the courts The electronic record systems of the courts (Sustain, PACER, CM/ECF) provide unique evidence, relative to RICO, e.g., a) The fraud in the systems is organized, system wide. It is not a case of sporadic production of a fraudulent document. b) The fraud is well documented. c) The fraud in the systems is central in concealing the conduct of the enterprise under the front of the courts, with judges, clerks, attorneys, all performing their roles in the enterprise. d) Each issuance of fraudulent minutes, order, or judgment should be considered at least a couple of Predicated Acts per RICO. Therefore, the number of Predicated Acts in each case of simulated litigation is staggering.
More:  12-03-15 PRESS RELEASE: Evidence of widespread corruption of the US courts and proposed corrective measures submitted to the US House of Representatives http://www.scribd.com/doc/85481555/  11-07-06 Request filed by Windsor and Zernik with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts http://www.scribd.com/doc/59480718/  11-06-23 Chief Judge Alex Kozinski, 9th Circuit, Accepts then Rejects Notice of “Unprofessional Conduct” Regarding Large-scale Fraud in Electronic Records of the Courts-s http://www.scribd.com/doc/58543472/
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7) Racketeering in the courts as a key element of the current financial crisis. Large-scale fraud in the courts under the current financial crisis, has been repeatedly reported by media, but hardly addressed by government. Criminality, pertaining to banking regulation, has likewise been repeatedly reported, but hardly, if ever, prosecuted by government.  SEC v Bank of America Corporation (1:09-cv-06829) in the US District Court, Southern District of New York, is one of the best documented cases of racketeering in a US court, to cover up criminality underlying the current crisis.  Lomas v Bank of America () in the Superior Court of California, County of Los Angeles, is one of the best documented cases of racketeering by Bank of America, its attorneys a state judge.  Additional cases of racketeering by Countrywide (Bank of America) that gained national publicity include Borrower Sharon Dianne Hill () in the US Bankruptcy Court, PA, and Borrower William Parsley in the US Bankruptcy Court, Tx.  Bribing of state and US judges by financial institutions must be a serious concern.  Today, the indemnity for criminality, both past and future, vested in Bank of America and other financial institutions, is probably their most valuable intangible capital asset. However, this asset only works for the benefit of management, and against the interests of shareholders and all who do business with these criminal enterprises. 
More:  11-02-24 Foreclosure Fraud Settlements- Compilation of Media Reports http://www.scribd.com/doc/57875616/ 11-04-02 Foreclosure Fraud Featured This Sunday on 60 Minutes http://www.scribd.com/doc/52171300/ 12-01-22 Special Report - Foreclosure Fraud - The Watchdogs That Didn't Bark_ Reuters http://www.scribd.com/doc/79572282/ 12-01-20 Insight - Top Justice Officials Connected to Mortgage Banks_ Reuters http://www.scribd.com/doc/79603003/  11-04-21 "In Financial Crisis, No Prosecutions of Top Figures" - Because of widespread corruption of the justice system, they are effectively immune… http://www.scribd.com/doc/53520603/ 11-10-20 Citigroup Settles for $285 Million; No Wall Street Executive Jailed Yet _ Truthout http://www.scribd.com/doc/69688160/  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 Criminology Congress presentation http://www.scribd.com/doc/61351562/  11-04-17 PRESS RELEASE: Lomas v Bank of America (KC059379) Fraud turns into Extortion in the Los Angeles Superior Court http://www.scribd.com/doc/53212710/  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/  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: http://www.scribd.com/doc/25001966/  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/  12-01-30 Vistas in Legal-Economic Theory: Perpetual corporate immunity as a major intangible capital asset and a driving force in socio-economic development, or lack thereof http://www.scribd.com/doc/79912684/ ______________ Original message by Neil Gillespie
June 9, 2012
-------- Original Message -------Subject: Courts and Judges as enterprises under RICO, the Racketeer Influenced and Corrupt Organizations Act Date: Fri, 8 Jun 2012 12:16:08 -0400 From: Neil Gillespie
Hello Everyone, RICO, the Racketeer Influenced and Corrupt Organizations Act, may be a remedy for the lawlessness that is sweeping our courts and nation. Last week I moved for reconsideration in the U.S. Court of Appeals under RICO, as set forth below. We owe a debt of gratitude to Florida attorney Mary Alice Gwynn who sued The Florida Bar under RICO in April 2008, see Lanson v. The Florida Bar, case no. 9:08-cv-80422-WJZ, U.S. District Court, S.D. of Florida. Although the case was voluntarily dismissed, it was a brave first step. Ms. Gwynn was recently suspended from practice by the Florida Bar in retaliation. But since Ms. Gwynn sounded the alarm in 2008, Florida attorney Scott Rothstein was prosecuted for a $1.2 billion ponzi scheme under RICO, and Florida attorney David J. Stern improperly dumped 100,000 foreclosure cases on the courts, points made in my motion for reconsideration in the U.S. Court of Appeals. Some of you reading this may also have a civil cause of action under RICO, see the links below. On May 22, 2012 the Florida Supreme court denied without comment my motion for reconsideration in case SC11-1622. That ended any hope that the Florida courts would lawfully adjudicate this matter. The order and motion are on Scribd at the link. http://www.scribd.com/doc/96198449 On May 7, 2012 the U.S. Court of Appeals for the Eleventh Circuit in a related case denied my motions to consolidate two related appeals, denied leave to proceed in forma pauperis, denied appointment of counsel, etc. The order in C.A.11, 12-11028-B is on Scribd at the link http://www.scribd.com/doc/96197551 In response to the above, I moved for reconsideration in the U.S. Court of Appeals May 30, 2012 arguing that the federal courts have jurisdiction under the RICO act, the Racketeer Influenced and Corrupt Organizations. The motion is on Scribd here http://www.scribd.com/doc/95369974 A related notice of May 31, 2012 as to in forma pauperis is on Scribd here http://www.scribd.com/doc/95571084 All told there are 18 related cases in the matter of Gillespie v Barker, Rodems and Cook PA. A list of the cases is on Scribd here http://www.scribd.com/doc/95369691 As set forth in my motion for reconsideration (paragraph 9), governmental units, such as the New York City Civil Court, may be "enterprises" within the meaning of RICO. United States v. Angelilli, 660 F. 2d 23 (C.A.2 1981). A court may be an enterprise within the meaning of RICO. United States v. Bacheler, 611 F.2d 443, 450 (3dCir.1979) (Philadelphia Traffic Court). Judges and lawyers may be "enterprises" within the meaning of RICO. U.S. v. Limas, 1:11-cr-00296, U.S. District Court, Southern District of Texas, Brownsville (Indictment of Judge Abel C. Limas March 29, 2011). http://www.scribd.com/doc/95369974/ I encourage anyone interested to read about RICO on Wikipedia, and the Cornell Legal Information Institute site. Again, some of you reading this may have a civil cause of action under RICO. Here are some highlights. According to Wikipedia, "RICO provides for criminal penalties and a civil cause of action for racketeering acts performed as part of an ongoing enterprise." "Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes - 27 federal crimes and 8 state crimes - within a 10-year period can be charged with racketeering." http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act
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According to Wikipedia, "RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts." According to Wikipedia, "There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers"." "Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages)." The Cornell Legal Information Institute has the hyperlinked text of RICO here http://www.law.cornell.edu/uscode/text/18/part-I/chapter-96 Attorney George Robert Blakey originally drafted RICO, and he is currently a law professor at Notre Dame. According to Wikipedia, "G. Robert Blakey remains an expert on RICO" http://en.wikipedia.org/wiki/G._Robert_Blakey Here is a link to Professor Blakey’s page at Notre Dame. Last week I emailed Professor Blakey with a link to my motion to reconsider under RICO but he did not reply.http://law.nd.edu/people/faculty-andadministration/teaching-and-research-faculty/g-robert-blakey/ Under 18 USC § 1965(a), a RICO civil action or proceeding against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs. As I argued to the U.S. Court of Appeals, the ends of justice in this matter may require RICO civil proceedings instituted in a venue outside Florida and the Eleventh Circuit. As of the time of this email, both my cases in the U.S. Court of Appeals are active, and no decision has been made as to a cause of action under RICO. The cases are appeal number 12-11028-B, and appeal number 12-11213-C. Thank you for your support. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: (352) 854-7807 email: email@example.com Justice Network website: http://yousue.org/ Scribd: http://www.scribd.com/ngillespie