Back OpEd News | |||||||
Original Content at https://www.opednews.com/articles/Duplicitous-US-judges-Jed-by-Joseph-Zernik-Banking-Crime_Banking-Crisis_Banking-Fraud_Corruption-140106-593.html (Note: You can view every article as one long page if you sign up as an Advocate Member, or higher). |
January 6, 2014
Duplicitous US judges: Jed Rakoff, Richard Leon
By Joseph Zernik
From his chambers in New York City, Jed Rakoff is a central figure in undermining US banking regulation, and Richard Leon in DC -- in undermining civil rights. With help from media, both cultivate a diametrically opposite image. And in Israel -- under the tenure of former Supreme Court Presiding Justice Aharon Barak, the courts were corrupted in an unprecedented manner.
::::::::
Occupy Tel Aviv, January 4 -- media have recently hailed Jed Rakoff for his article in New York Review of Books, calling for enforcement of the law on those culpable for the current financial crisis.[i]
US Judge Jed Rakoff, Southern District of New York
___
Indeed, the article appears full of compassion - an unusual off-the-bench statement by a US judge, calling for justice: [ii]
"... millions of Americans leading lives of quiet desperation: without jobs, without resources, without hope"; "...was it the result, at least in part, of fraudulent practices...? ...if, by contrast, the Great Recession was in material part the product of intentional fraud, the failure to prosecute those responsible must be judged one of the more egregious failures of the criminal justice system in many years... the Financial Crisis Inquiry Commission, in its final report, uses variants of the word "fraud" no fewer than 157 times in describing what led to the crisis... not a single high-level executive has been successfully prosecuted in connection with the recent financial crisis, and given the fact that most of the relevant criminal provisions are governed by a five-year statute of limitations, it appears likely that none will be... To a federal judge, who takes an oath to apply the law equally to rich and to poor, this excuse--sometimes labeled the "too big to jail" excuse--is disturbing..."
One is hard-pressed to recall a more hypocritical piece of writing, since Jed Rakoff himself should be deemed a central figure in the financial crisis and in undermining banking regulation. [iii, iv, v]
The best-documented evidence to such effect is Judge Jed Rakoff's conduct in Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829).[vi]
Summons as issued by the Clerk of the Court and as executed in SEC v Bank of America Corporation (1:09-cv-06829) in the US District Court, Southern District of New York. The summons is unsigned, and fails to show the seal of the court. The summons was also never docketed, in disregard of US law, and the US court denied access to it. It was eventually obtained through a Freedom of Information request from SEC. The conduct of litigation with no valid summons, no valid minutes, and where the court denies access to the authentication records (NEFs -- Notices of Electronic Filing), as well as the outcome of the litigation, point out to the conduct of sham/simulated litigation from the start, through collusion of the judge, the clerk, and attorneys for both SEC and Bank of America Corporation. In fact, from the start -- a show trial.
___
Securities and Exchange Commission v Bank of America Corporation (2009-10) is landmark litigation under the current financial crisis. The case originated in the unlawful taking of $5.8 billions by banking executives, and concluded with the executives never returning the funds to the stockholders and with no individual being held accountable.
The outcome of the litigation was an order by Judge Jed Rakoff, instructing the stockholders -- the victims -- to pay $133 millions to themselves...
The case was covered numerous times by major US and world media. [iv,v]
The case is replete with missing and invalid litigation records, leading to the conclusion that the case as a whole amounts to simulated, sham litigation. The case commenced with no valid summons, was conducted with no valid minutes, and the court denies public access to the authentication records.
Conduct of Judge Jed Rakoff in this case is not unique either. Similar conduct by Judge Rakoff was documented in a case involving American Express. [vii]
Experts opine that today the justice system in the US is experiencing historically unprecedented corruption: "...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." [viii]
The Human-Rights Alert (NGO) submission to the first-ever Universal Periodic Review of Human Rights in the United States by the Human-Rights Council of the United Nations focused on racketeering by judges, lawyers, and banks in Los Angeles County, California. [ix, x] The submission was incorporated into the Universal Periodic Review Report of the United Nations (2010) with the note, "Corruption of the courts and the legal profession and discrimination by law enforcement in California". [xi]
Moreover, bribing of state and US judges by banks must be a serious concern: Two US judges (Virginia Phillips, Carla Woerhle) and two California judges (Terry Friedman, Peter Meeka), who were asked to file statements on the record, regarding any financial benefits to them or to family members residing with them by Bank of America (pursuant to the California Code of Judicial Ethics) -- refused to do so! [xii]
Corruption of the courts and the legal profession is central to current socio-economic crisis in the United States.
US Judge Richard Leon, US District Court, District of Columbia
___
Media have likewise recently hailed the decision of Judge Richard Leon (US District Court, District of Columbia), pertaining to unchecked surveillance by NSA, where he called such conduct "almost Orwellian", and likely violation of the Fourth Amendment -- a major victory for civil rights of all in the United States. [ xiii, xiv ]
However, in other, less-publicized cases, Judge Leon did not hesitate to violate their First Amendment right to file papers in court. When individuals tried to protect their rights and enforce the law against judicial corruption, Judge Leon prevented the filing of any paper that documented judicial corruption, or would have led to discovery of such records, by issuing fake/sham hand-written instruction "Leave to file denied". [xv]
Such conduct by Judge Richard Leon is not unique either. The evidence shows that the US courts, up to the US Supreme Court, have established a policy of excluding papers that document judicial corruption, from the First Amendment right to file petitions in court. [xvi]
Five (5) papers with "Leave to File Denied, RJL" in Windsor v Evans et al. In cases seeking protection against judicial corruption, the clerk of the US District Court, DC, failed to docket papers, which provided evidence of judicial corruption, in disregard of First Amendment rights and the duties and obligations of the clerk. Instead, such papers were directly forwarded to Judge Richard Leon, who hand scribbled on them "Leave to File Denied", and had them returned to the filer. The fate of William Windsor, notable anti-judicial corruption whistleblower, remains unknown.
___
Nine (9) papers with "Leave to File Denied, RJL" in Zernik v Melson et al.
___
Duplicity of judges in the State of Israel is not different: The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations documented unprecedented corruption of the courts over the past decade -- a period that was marked by soaring poverty and homelessness. [ xvii ] Furthermore, the submission pinpointed the onset of such corruption to events in the Israeli Supreme Court in 2002, under the tenure of Presiding Justice Aharon Barak. The submission was incorporated into the 2013 Universal Periodic Review Report of the United Nations with the note, "Lack of integrity in the electronic record of the Supreme Court... in Israel". [ xviii ]
And yet, Aharon Barak cultivated an international image of leading a "Constitutional Revolution" in Israel -- a nation with no constitution. [xix]
LINKS:
i 13-11-16 Zuesse, E, Judge Rakoff Virtually Indicts Obama on Non-Prosecution of Banksters_OpEdNews.com
ii 14-01-09 Rakoff, J, The Financial Crisis: Why Have No High-Level Executives Been Prosecuted? New York Review of Books
iii Zernik, J, Large-scale fraud in US court records is linked to failing banking regulation _ OpEdNews
http://www.opednews.com/articles/Large-scale-fraud-in-US-co-by-Joseph-Zernik-120925-643.html
iv 12-09-04 Zernik, J., Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation, Data Analytics 1:83-93 (2012)
http://thinkmind.org/index.php?view=article&articleid=data_analytics_2012_3_50_60059
v 12-09-04 J. Zernik, "Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation", Data Analytics 1:83-93 (2012) (complete paper including all figures)
vi 11-01-10 Request No 1 for investigation/ impeachment proceedings, in re: US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829)
vii 11-02-05 Request No 2 for Impeachment of Judge JED RAKOFF Clerk RUBY KRAJICK, US District Court, Southern District of New York, in Re Conduct of Lindner v Amex (1:10-cv-02228)
viii 12-01-22 Special Report - Foreclosure Fraud - The Watchdogs That Didn't Bark_ Reuters
ix 10-04-08 Human Rights Alert (NGO) submission to the United Nations Human Rights Council for the UPR of the United States, as it appears in the United Nations Human Rights Council site:
x 10-04-08 Human Rights Alert (NGO) Appendix I to submission for the 2010 UPR of Human Rights in the United States, as it appears on the UN site:
xi 10-10-01 United Nations Human Rights Council Professional Staff Report, referring to Human Rights Alert submission with the note "corruption of the courts and the legal profession and discrimination by law enforcement in California" (page 6, paragraph 45):
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/169/65/PDF/G1016965.pdf?OpenElement
xii 11-04-12 PRESS RELEASE: Bribing of State and US Judges by Bank of America Must be a Serious Concern!
xiii 13-12-16 Federal Judge's Ruling on N.S.A. Lawsuit_NYT
http://www.nytimes.com/interactive/2013/12/17/us/politics/17nsa-ruling.html
xiv 13-12-16 Judge: NSA spying "almost Orwellian,' likely unconstitutional_CNBC:
xv 11-05-30 PRESS RELEASE: Judge Richard Leon, US District Court,DC -- master of the "Leave to file denied":
xvi 10-10-20 The US Courts Established a Policy Excluding Any Papers Pertaining to Judicial Corruption from the First Amendment Right toFile Petitions
xvii 12-05-10 Human Right Alert, Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel"
https://drive.google.com/file/d/0B8Aa2xQGbmk5cjNxd2szX05oMkU/edit?usp=sharing
xviii 13-01-01 The Human Rights Alert (NGO) submission, as incorporated into the UN Human Rights Council UPR report with the note "Lack of integrity in the electronic records of the Supreme Court, the district courts and the detainees courts in Israel" (page 4, paragraph 25):
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/180/12/PDF/G1218012.pdf ? OpenElement
xix 12-05-04 "Constitutional Revolution" in the State of Israel ? compilation of reports:
Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.