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Digitally signed by

Dr Z Joseph H Zernik
DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@eart

Joseph Zernik, PhD hlink.net, c=US


Location: La Verne,
California

PO Box 526, La Verne, CA 91750; Fax: 801 998-0917; Email: jz12345@earthlink.net Date: 2010.01.02
18:37:10 -08'00'

Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/jz123456

10-01-02 Re: Zernik v Connor et al (2:08-cv-01550)


Evidence for Fraud and Deceit in Notices of Electronic Filings (NEFs)
as served on Plaintiff by the US District Court

Data were compiled below from Notices of Electronic Filings (NEFs) in Zernik v Connor et al
(2:08-cv-01550) demonstrating alleged fraud and deceit at the US District Court, Los Angeles,
in a matter where racketeering by Superior Court of California, County of Los Angeles and
Countrywide/Bank of America Home Loans is alleged. Such alleged fraud and deceit at the US
District Court was enabled through fraud in design and operation of PACER & CM/ECF – the
case management systems of the United States courts. The data presented below were meant
to complement data previously provided – to the same effect, based on partial access to
records, gained on December 29, 2009 – to copies of NEFs of court papers in the same case.
Public policy implications were noted relative to alleged widespread corruption of the Superior
Court of California, and failure of United States banking and financial markets regulation.

Contents
1. Allegations of corruption of California state
judges
2. Allegations of corruption at Countrywide/Bank
of America Home Loans.
3. The role of US District Court in permitting such
conditions in Los Angeles County
4. Public Policy Significance
a. Alleged Large-Scale Fraud in PACER &
CM/ECF
b. Failure of US Banking and Financial
Markets Regulation
5. Table
6. Notes
7. Linked Records

1. Zernik v Connor et al pertained to allegations of corruption of California state


judges
Complaint in Zernik v Connor et al (2:08-cv-01550) was filed March 6, 2008 against 10
judges of the Superior Court of California, County of Los Angeles, pursuant to
Deprivation of Rights under the Color of Law - 42 USC §1983. The central allegation
was of a scheme for real estate fraud under the guise of litigation, which was routinely
practiced in that court. Real estate fraud by the court in this case was opined by a
highly decorated FBI veteran, James Wedick, who had been decorated by US
Congress, by FBI Director, and by US Attorney General. [1]

2. Zernik v Connor et al pertained to allegations of corruption at


Countrywide/Bank of America Home Loans.
Page 2/6 January 02, 2010

It was further alleged that conduct of such judges and others, in collusion with
Countrywide and Bank of America Home Loans amounted to violations of
Racketeering Influenced and Corrupt Organization Act (RICO) 18 USC §1961-1968.

3. Zernik v Connor et al documented the role of US District Court in permitting


such conditions to prevail in Los Angeles County, California.
Data from papers served on Plaintiff Joseph Zernik by the United States Court,
Central District of California [2] and their authentication, or lack thereof, was compiled
in the table below. Not a single one of the papers below included a valid NEF. [3]
Therefore, none of these papers was an honest, valid, and effectual court order or
judgment. Instead – they were papers that were issued and served by the court,
deliberately and misleadingly intended as void, not voidable. The data from papers
served on Plaintiff were partially confirmed when partial access to court records at the
US District Court, Los Angeles was finally gained on December 29, 2008. [4][5][6]

4. Public Policy Significance


a. Alleged Large-Scale Fraud in PACER & CM/ECF
It was alleged that the data in the table below reflected large-scale fraud in the design
and operation of PACER & CM/ECF at the United States Courts. Alleged fraud and
deceit as documented in these data are likely to be common in any US Court across the
country today. Moreover, such alleged fraud and deceit was routinely associated with
denial of access to court records in US Courts across the country – in apparent violation
of Nixon v Warner Communications, Inc (1978) and First Amendment rights. The US
Courts in each and every district that was examined were operating PACER & CM/ECF
with no authority found in either the law or Local Rules of Court.
b. Failure of US Banking and Financial Markets Regulation
It was further alleged that the case demonstrated the tight link between lack of integrity
at the US courts, lack of integrity at US banking regulators, lack of integrity at US
financial institutions – and the current integrity/financial crisis:
i. Complaints against Countrywide were first filed with FBI and banking
regulators in January 2007. To this date such agencies refused to investigate
the case.
ii. Complaint against Bank of America (BAC) - recipient of some $200 billion in
bailout funds, was filed with US Office of Comptroller of the Currency
(OCC) on September 29, 2009 (case #00971981). It is pending before OCC.
OCC claimed that review of the case had been twice “escalated” since it was
filed. However, BAC to this date has never filed a response, in disregard of
the stated 20 business days response time requirement.
iii. Complaint were filed with Glenn A Fine – Inspector General of US Dept of
Justice against Kenneth Melson – Director of US Attorney General Office,
and Kenneth Kaiser – Assistant Director of FBI, pertaining to alleged fraud
by the latter two US officers in responses they provided to US Congress on
this matter in August-September 2008.
iv. Complaint was filed and is pending with David Kotz - Inspector General of
SEC, regarding failure of SEC to investigate the matter in the past three
years.
Page 3/6 January 02, 2010

v. Complaint was filed and is pending before Eric Thorson – Inspector General,
US Dept of Treasury, for failure of Office of Thrift Supervision and Office of
Trade Commission to investigate complaints on this matter in the past three
years.
vi. Notice was filed with the Basel Accords Committee regarding failure of US
government to act as a good faith party to such accords, aimed at reducing
risks to financial markets, and setting basic standards for integrity in
international banking regulation.

5. Table
Zernik v Connor et al (2:08-cv-01914) – compiled data regarding NEFs and RSA-
encrypted digital signatures in papers served on Plaintiff by the court

RSA-
Digital
No Dkt Date Title NEF Sig.
# [Y/N] [Y/N]
1. 14 3/21/08 Civil Minutes – by Judge Phillips N N/A
Denying request for TRO, finding that:
• there was no constitutional right for
unbiased judge;
• Judgment at the Superior Court was
“awarded” (but not entered)
• There was a requirement for exhaustion in
42 USC §1983
2. 27 3/21/08 Civil Minutes – by Magistrate Woehrle N N/A
RE: Ordering Plaintiff to serve invalid
summons, adulterated by Pro Se Clerk Chris
Sawyer.
3. 33 4/18/08 Civil Minutes – by Magistrate Woehrle (1st Y N
copy)
RE: Motions to dismiss
4. 33 4/18/08 Civil Minutes – by Magistrate Woehrle N N/A
(2ndcopy)
RE: Motions to dismiss
5. 37 4/18/08 Civil Minutes – by Magistrate Woehrle (1st N N/A
copy)
RE: Denying Pro Se access to CM/ECF
6. 37 4/18/08 Civil Minutes – by Magistrate Woehrle N N/A
(2ndcopy)
RE: Denying Pro Se access to CM/ECF
7. 48 4/24/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Finding request to continue moot
8. 57 5/15/08 Civil Minutes – by Magistrate Woehrle N N/A
RE: Plaintiff ordered not to file anything in
court
9. 63 6/6/09 Civil Minutes – by Magistrate Woehrle N N/A
RE: Plaintiff’s request for reconsideration of
5/15/08 Minutes is moot.
10. 70 6/20/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Motions to dismiss
Page 4/6 January 02, 2010

11. 72 6/30/08 RE: Unsigned Order received from US Court of Y N


Appeals – 9th Circuit, that US District Court
refusal to issue valid summonses did not
amount to a case that justified intervention
through the extreme measure of mandamus.
12. 77 7/2/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Motions to dismiss
13. 80 7/9/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Motions to dismiss
14. 81 7/16/08 Notice of Discrepancy – by Magistrate Woehrle Y N
RE: Plaintiff’s filing of request for judicial notice
of Plaintiff’s request for assistance by US
Congress – to bring back Los Angeles County
into the fold of the US Constitution.
15. 84 7/17/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Denying Plaintiff’s request to compel LA
Superior Court to allow Plaintiff access to his
litigation records in the State Court pursuant to
First Amendment rights, so that he may
answer the motions to dismiss.
16. 86 7/18/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Denying Plaintiff’s request Dkt#85 for
honest docketing at the US District Court, and
an end to dishonest manipulations of his
filings.
17. 93 7/31/08 Service of unrelated Civil Minutes from an Y N
unrelated case.
18. 94 7/31/08 RE: Notice of Clerical Error Y N
Signed by Donna Thomas, who to the best of
Joseph Zernik’s knowledge was not a Deputy
Clek.
19. 96 8/4/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Motions to dismiss
20. 97 8/5/08 Civil Minutes – by Magistrate Woehrle Y N
RE: Denying Plaintiff’s requests for Statements
on the record in re: Conflicts if any, pursuant to
California Code of Judicial Ethics.
21. 102 3/18/09 Order – by Judge Phillips (1st Copy) Y N
RE: Denying Plaintiff’s motion to disqualify
Magistrate Woehrle for a cause – dishonest
manipulations of Plaintiff’s papers filed in court,
and eliminating papers from the docket with no
record at all, based on no process or
procedure, and refusal to file statement in re:
conflicts if any.
22. 102 3/18/09 Order – by Judge Phillips (2st Copy) Y N
RE: Denying Plaintiff’s motion to disqualify
Magistrate Woehrle for a cause.
23. 103 4/3/09 Report & Recommendation – by Magistrate Y N
Woehrle (1st copy)
Recommending dismissal with prejudice.
24. 104 4/3/09 Report & Recommendation – by Magistrate Y N
Woehrle (2nd t copy)
Page 5/6 January 02, 2010

Recommending dismissal with prejudice.


25. 106 4/24/09 Order – by Judge Phillips Y N
RE: Order adopting Report &
Recommendation.
26. 107 4/24/09 Judgment – by Judge Phillips Y N
RE: Dismissal with prejudice.

6. Notes
1. In Zernik v Connor et al, Plaintiff Zernik filed a complaint at the US Court against 10 judges
of the Superior Court of California, County of Los Angeles, pursuant to 42 USC §1983 –
Deprivation of Civil Rights under the Color of Law.
2. Furthermore, Plaintiff claimed that conduct of these judges, in collusion with Angelo Mozilo
and Sandor Samuels – officers of Countrywide, and later – in collusion with Bank of
America Home Loans, amounted to racketeering.
3. US District Court refused to issue valid summonses in this case.
4. US Court of Appeals, 9th Circuit denied a petition, albeit – in an unsigned, unauthenticated
order, which claimed that the refusal of US District Court to issue summonses did not
amount to a matter that required intervention by the extreme measure of mandate.
5. US District Court – likewise – never issued a single honest, valid and effectual order in this
case. None of the papers served on Plaintiff included an honest valid and effectual NEF.
6. Both US District Court and the US Court of Appeals, 9th Circuit, covered up alleged
racketeering by the judges of the Superior Court of California, County of Los Angeles,
Countrywide, and Bank of America Home Loans, through the alleged perversion of justice
at the US Court – engaging Plaintiff in false and deliberately misleading sham court actions.
7. The conduct of the US Courts in this case is almost an exact copy of the conduct of the US
District Court and the US Court of Appeals, 9th Circuit in the case of the jailed Richard Fine
– Fine v Sheriff (2:09-cv-01914). However, in Zernik v Connor the US Court colluded with
the Superior Court in alleged deprivation of property. In Fine v Sheriff the US Court
colluded with the Superior Court in alleged deprivation of liberty.
8. In both Zernik v Connor and Fine v Sheriff, dishonest conduct at the US District Court was
primarily by Magistrate Carla Woehrle, Courtroom Assistant Donna Thomas – acting as if
she were Deputy Clerk, and Pro Se Clerk – Chris Sawyer. Complaint filed with FBI against
the three of them. Claim is that they colluded in both cases in racketeering by Superior
Court of California, County of Los Angeles judges.
9. Newspaper reports also tied the former Presiding Judge of the neighboring San
Bernardino County Superior Court to numerous real estate fraud cases. Most likely
racketeering at the Superior Court of California, County of San Bernardino, was routinely
practiced as well. However, in either counties, FBI and US Dept of Justice have not
engaged in any enforcement action in the past 25 years, based on published reports of
Public Integrity Section of the US Dept of Justice.
10. In both Zernik v Connor et al and Fine v Sheriff, the US District Court, Los Angeles denied
access to court records at the US Court. Even to this date, only partial access was gained,
on December 29, 2009, to printout of key NEFs in Zernik v Connor et al, which confirmed
that no order and judgment was issued by the US Court with a valid NEF in this case.
Page 6/6 January 02, 2010

7. Linked Records
[1] Opinion of fraud expert, decorated FBI veteran James Wedick:
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf

[2] Minutes, orders, report & recommendation, and judgment in Zernik v Connor et al, as
served on Plaintiff by mail.
http://inproperinla.com/10-01-02-zernik-v-connor-minutes-orders-judgment-as-served-by-court-s.pdf

[3] Notices of Electronic Filings (NEFs) at the United States Courts


http://inproperinla.blogspot.com/2010/01/10-01-01-notice-of-electronic-filing.html

[4] Request to access court records, and NEFs as received from Records Supervisor Dawn
Bullock on December 29, 2009.
http://www.scribd.com/doc/24681508/09-12-29-Request-n-Response-Records-Us-Crt-La-s

[5] Declaration of Joseph Zernik in re; visit to US District Court, Los Angeles on December 29,
2009 – to access court records to inspect and to copy.
http://www.scribd.com/doc/24680732/09-12-29-Declaration-in-re-Gaining-access-to-NEFs-Notices-of-Electgronic-Filings-United-States-
District-Court-Los-Angeles-Zernik-v-Connor-et-al

[6] Table summary of NEFs received on December 29, 2009.


http://www.scribd.com/doc/24681397/10-01-01-Table-Summary-of-Nefs-in-Zernik-v-Connor

The Usual

IN SHORT - KOZINSKI MUST RESIGN!

"This case should demonstrate that the FBI will pursue all allegations of judicial
corruption vigorously, as public corruption violations are among the most
serious of all criminal conduct and can tear at the fabric of a democratic society,"
said John F. Pikus, special agent in charge of the Albany division, in a prepared
statement.

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