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Will Federal and State Judges Be Exposed in Swiss Banking Scandal?

By       Message Roger Shuler     Permalink
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Cross Posted at Legal Schnauzer

U.S. Supreme Court Justice Clarence Thomas might not be the only judge feeling a tad uncomfortable in the coming days. Thomas is under scrutiny for his failure to disclose his wife's income  for at least five years--and possibly going back more than 20 years. But we are seeing signs that other stories soon will be breaking about judicial chicanery.

Federal and state judges are among those likely to hold Swiss bank accounts that have become the subject of a WikiLeaks investigation, reports a California-based human-rights organization.

Closer to home, we've had considerable interaction in recent weeks with two federal judges--William M. Acker Jr. and Abdul Kallon, both of the Northern District of Alabama. We soon will be presenting detailed information showing that Acker and Kallon are violating their oaths to uphold the law. We have seen evidence that at least one of these judges has engaged in a possible criminal conspiracy.

The WikiLeaks banking story began when former Swiss banker Rudolf Elmer handed over two computer disks containing information about thousands of offshore accounts. Elmer claims the disks provide evidence of massive potential tax evasion and other illegal activities involving international bankers. Swiss officials have arrested Elmer for possible breach of banking-secrecy laws, an action that WikiLeaks founder Julian Assange condemned.

U.S. judges, at both the federal and state level, probably are in the middle of the Swiss banking activity, says Joseph Zernik, Ph.D., of Human Rights Alert (NGO), a Los Angeles organization devoted to exposing human-rights violations by the American justice system.

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In a blog post dated January 17, 2011, Zernik writes:

In view of the pending WikiLeaks release of Swiss banking data, Human Rights Alert (NGO) and Joseph Zernik, PhD, suggest that significant numbers of U.S. and state judges are likely to be among U.S. citizens holding numbered bank accounts in Switzerland.

Review of numerous cases in the U.S. and state courts shows a tight alliance between judges and large financial institutions, in disregard of the judges' oaths of office, through the conduct of alleged fraud on the courts in litigation involving financial institutions. Such conduct undermines the stated U.S. government efforts to establish honest and effectual banking regulation.

How would judges benefit from offshore accounts? It would allow them to hide their financial ties to financial institutions and then rule unlawfully in favor of those institutions in court. The whole process, if proven, would amount to a massive fraud on American courts. Writes Zernik:

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A growing body of evidence suggests that both U.S. and state judges have accepted financial benefits from large financial institutions. In 2008 Dr Zernik filed requests with California Judge Terry Friedman (Los Angeles Superior Court), U.S. Judge Virginia Phillips, and U.S. Magistrate Carla Woehrle (U.S. District Court, Central District of California) for statements on the record regarding financial benefits to them or family members residing with them from such institutions (pursuant to the California Code of Judicial Ethics). All three refused to provide such statements.

In 2009 whistleblower Bradley Birkenfeld led to the discovery that an estimated 40,000 U.S. wealthy citizens were holding Swiss numbered accounts with UBS-AG. Birkenfeld was swiftly sentenced by a U.S. court to years in federal prison. He was never able to collect rewards provided by the False Claims Act and stated U.S. policies, which could have amounted to billions of U.S. dollars. The criminal prosecution of the culprits--banking executives--never materialized, and the U.S. government negotiated an agreement with the Swiss government, according to which the names of the vast majority of the offenders were never released by UBS-AG.

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I live in Birmingham, Alabama, and work in higher education. I became interested in justice-related issues after experiencing gross judicial corruption in Alabama state courts. This corruption has a strong political component. The corrupt judges are (more...)

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