Saturday, September 5, 2009

Request for Individual Members of U.S. Congress to Extend Welcome Statements to International Visitors

First step in honestly addressing the problems in the U.S. justice system and the U.S banking regulatory system, underlying the current financial crisis.
Date: Sat, 05 Sep 2009 16:04:32 -0700
To: Joseph zernik
From: joseph zernik
Subject: Request for U.S. House and Senate individual members, accountable as such, to extend public welcome statements to international observers, or international study groups, or international visitors to observe conditions prevailing under the current financial crisis.
Bcc: U.S. Congress NGOs & Others

TO: Individual members of U.S. Congress, accountable as such

FROM: Joseph H Zernik, of the People of the United States, and of the People of Los Angeles County, California

Dr Joseph H Zernik, Resident of Los Angeles County, California, herein publicly addresses the individual members of the U.S. Congress, with a request to extend their individual public welcome statements to international visitors, who may wish to observe the U.S. justice system, the U.S. banking regulatory system, and conditions in Los Angeles County, California, or elsewhere in the U.S.A., under the current financial crisis.

WHEREAS, events that are centered in Los Angeles County, California, including, but not limited to events related to individuals who are Dr Joseph Zernik, Ms Diane Frazier, Att Richard Fine, and the estimated 10,000 Rampart-FIPs, elaborated and credibly evidenced below, all stemmed from the alleged collapse of the justice system in Los Angeles County, California;

WHEREAS, such events are also directly related to the causes of the current financial crisis, including, but not limited to the collapse of Los Angeles County-based Countrywide Financial Corporation (CFC);

WHEREAS, credible evidence was provided of alleged perversion of justice, combined with deference to the courts by CFC and Bank of America Corporation (BAC);

WHEREAS, credible evidence was provided of the refusal of FBI, US Department of Justice, and other U.S. law enforcement agencies to enforce the law;

WHEREAS, credible evidence was provided of the failure of the court system in the U.S. to address grievances by an individual against alleged corporate racketeering by CFC and BAC, including, but not limited to: (1) LA Superior Court, (2) U.S. District Court LA, (3) U.S. Court, District of Columbia;

WHEREAS, members of the U.S. House and Senate were routinely informed of such conditions in the past two years, and failed in their efforts to provide assistance;

WHEREAS, such events demonstrate alleged FAILURE OF U.S. GOVERNMENT TO ESTABLISH AND GUARANTEE EQUAL PROTECTION, COMMON LAW RIGHTS OF ACCESS TO COURT RECORDS - TO INSPECT AND TO COPY, FAIR TRIBUNALS, AND OTHER HUMAN RIGHTS PURSUANT TO THE UNIVERSAL DECLARATION OF HUMAN RIGHTS - RATIFIED INTERNATIONAL LAW;

WHEREAS, credible evidence demonstrates that the U.S. GOVERNMENT IS NOT READY, WILLING, ABLE, TO EXERT EFFECTIVE REGULATION OF U.S. FINANCIAL INSTITUTIONS, albeit, it is imperative to re-establish international confidence in the U.S. banking regulatory system in order to emerge from the current crisis;

WHEREAS, extending a welcome to international visitors may be the first step in honestly addressing the problems in the U.S. justice system and the U.S banking regulatory system, underlying the current financial crisis.

THEREFORE, individual members of the U.S. Congress, accountable as such, are called upon, particularly those who represent California, or Los Angeles County, or those sitting on Judiciary, Banking, Financial Services, and Oversight Committees, to extend their individual public welcome statements to international observers, or international study groups, or international visitors, who may be interested in visiting the U.S.A., particularly California and Los Angeles County, and observe conditions prevailing under the current financial crisis.

Signed here, in Los Angeles County, California, on the 5th of September, 2009


_____/s/ Joseph Zernik____________________
Joseph H Zernik


CC:

1) Stanford Law Faculty.

2) Basel Committee

3) U.N. High Commissioner for Human Rights

4) Chinese Embassy, Washington DC

5) Attorneys for SEC

6) Attorneys for BAC

7) PriceWaterhouse
Independent Auditor of BAC
The complete letter with attached links to evidence can be viewed at:

http://inproperinla.com/09-09-05-request-us-congress-welcome-study-groups-s.pdf

Request for Prof Joseph Grundfest to please produce an opinion in re: Is Bank of America Courporation a "highly regulated" entity?

To be posted

General Tommy Franks Provides a Show and Tell of Integrity of Operations at Bank of America Corporation

General Tommy Franks refused to say a word about Integrity of Operations at Bank of America Corporation, where he had served on the Audit Committee. Instead, he provided a Show-and-Tell.


Date: Fri, 04 Sep 2009 19:48:52 -0700
To: admin@tommyfranks.com, boryshanskyj@sec.gov, lewism@sec.gov, schen@cgsh.com,
lliman@cgsh.com, grundfest@stanford.edu, "ATTENTION: THOMAS MAY",
17043444100@efaxsend.com, , " Audit Committee:D Paul
Jones; Thomas J. May, Chair; Donald E Powell" , " Executive
Committee Kenneth D Lewis, Charles K Gifford, Walter E Massey
Chair", " Edward OKeefe, Neil A Cotty, Joe L Price"
From: joseph zernik
Subject: Demand for the "Legal Team of BAC' to produce by Monday, September 7, 2009, 5:00pm,
the "Restraining Order" that they informed General Tommy Frank about. Request for Prof Grundfest to
propose remedial action .
Bcc:

1) General Tommy Franks:
It was you who made that false statement, not the Legal Team of BAC. Please
retract your statement if you cannot produce the document.
You are yet to utter a word regarding integrity of operations at BAC. But then
again, you gave us a show and tell.

2) Attorneys for BAC:
I am forwarding this note to Attorneys for SEC and BAC, with a demand that
BAC Attorneys produce for General Franks, who was duped by them, the
"Restraining Order" by Monday, September 7, 2009, 5;00 pm.

___________________________________________________________
From: General Tommy Franks

At 09:29 AM 9/4/2009, you wrote:

Sir. I have referred this the BAC legal team, who will deal with
this.

Sent via BlackBerry by AT&T

___________________________________________________________
From: joseph zernik
Date: Fri, 04 Sep 2009 08:54:45 -0700
To:
Subject: Demand that General Tommy Franks provide the
documentation within 48 hours for his statement about a Restraining
Order, or retract it as false.
September 4, 2009

General Tommy Franks:
Getting back to your last statement: Whether it was you, or an employee
on your behalf, let me repeat my demand that you produce a copy of a
valid, effectual Restraining Order within 48 hours, or retract your false
statement. And let me add to it also the demand that you produce a valid
Dismissal Order of a Complaint, or retract that statement as well.
Otherwise, it appeared that you entirely forgot that the focus of the Audit
Committee was on the integrity of operations. Could you please make
any statement whatsoever, on that aspect of Bank of America
Corporation operations?

...
Joseph Zernik

__________________________________________________________

September 3, 2009

...

Your statement below is false and deliberately misleading.

...
I demand that you either retract such false statement, as appears below,
or else produce that Restraining Order that you just mentioned within
the next 48 hours.
...

Joseph Zenrik.

___________________________________________________________
From: General Tommy Franks

At 07:17 PM 9/3/2009, you wrote:

Sir. Understand BAC has a restraining order against you, which
prohibits you from contacting anyone at Bank of America,
including its directors. Your complaints have been dismissed by
the courts. So pls do not contact Gen Franks again regarding
BAC business.
Sent via BlackBerry by AT&T

_______________________________________________

From: joseph zernik
Date: Thu, 03 Sep 2009 14:54:41 -0700
To:
Subject: Request for a public written statement, as a "Farewell
Address" by General Tommy Franks, upon departure from the
BAC Audit Committee

September 3, 2009

... it seems to me that events took place under his watch, which
should have been reviewed by the Audit Committee and publicly
reported to both investors and the public at large. Refusing to
make any statement at all, in a matter the holds substantial
risks to both share-holders and the public at large, is
inconsistent with his duties.
...
Refusal to make any statement at all may be seen by the public
at large as "taking the Fifth" - as used in layperson's language.
...
Joseph Zernik

_______________________________________________

From: General Tommy Franks

At 12:36 PM 9/3/2009, you wrote:

Sir. Thanks for your note to Gen Franks. I will review this with him,
but know he will not be able to, or be inclined to write such a letter.
He has not responded to, or publicly commented to anyone
regarding his time with BAC. Additionally, he travelling until 12 Sept.
Thanks.

Sent via BlackBerry by AT&T

_______________________________________________

-----Original Message-----
From: jz12345@earthlink.net
Date: Thu, 03 Sep 2009 11:05:15
To:
Subject: tommyfranks.com Contact Form Submission
Thursday 09/3/2009

...

TO: General Tommy Franks
FROM: Joseph Zernik
RE: Request for a public written statement, as a "Farewell Address" by Admiral Joseph
W Frueher, upon departure from the BAC Audit Committee
Copied below is my request, addressed to Stanford Law faculty, for peer-review of an
Affidavit (Dkt #10) provided by Prof Joseph Grundfest in proceedings of SEC v BAC
(1:09-cv-06829), at the U.S. District Court, Manhattan.
...

I likewise request that you, and a separate request is forwarded to Admiral Joseph
Frueher, provide a public written statement - a "Farewell Address" - as culmination of
your duties, upon departure from the BAC Audit Committee. [1]
The recent changes in the roster of the BAC Audit Committee, were only one indicator of
the transformation of BAC during the period that the two of you served on the Audit
Committee, with the mergers with Countrywide Financial Corporation ( CFC) and with
Merrill Lynch as the hallmarks. Regarding the former merger - BAC was granted a waiver
on deposit limits, and your input is requested as to the prudence of such waiver from
national security perspective. Regarding the latter merger, NY Attorney General Andrew
Cuomo wrote the April 23, 2009 letter to the U.S. Senate, [2] which led to calls in media
for criminal indictments of both BAC and U.S. officers, including Ben Bernanke - Chair of
the FRB, and Kenneth Lewis - Chair of BAC. Matters were described in such letter that
would have required review by the BAC Audit Committee, and separately - by U.S.
regulatory agencies.

...

Joseph Zernik
_______________________________________

[1] Such Farewell Address is requested in explicit reference to the January 17, 1961
General Dwight D Eisenhower Farewell Address upon leaving the office of U.S.
President.

[2] April 23, 2009 letter to U.S. Senate by NY Attorney General Andrew Cuomo
_____________________________________________

The complete correspondence with General Tommy Franks can be viewed at:

demand for Clerk Nancy Mayer-Whittington, U.S. Court, DC, to remove docket of Zernik v Melson et al, or clearly mark it as an invalid court record.

Background:
The U.S. Courts have just completed a massive project of installing dual docketing systems - Pacer and CM/ECF - seperate and undqual, where the courts can segregate the parties at will. Those delegated to Pacer cannot distinguish between valid, effectual court records and the large volume of invalid, ineffectual records posted online by the courts.

September 4, 2009

Ms Nancy Mayer-Whittington
Clerk of the Court

Your timely response or action is requested no later than September 17, 2009

Ms Mayer Whittington:

The Court mailed me about a month ago a “conformed” copy of my ex parte
application (Dkt #9). 1 Combined, the copy, and the docketing of that record,
again evidenced the invalidity of the records that the Clerk of the Court
docketed online under such caption.
...
Your handling of my case caused me great harm so far...
...
Please let me know within 10 days, no later than September 17, 2009, how
you would like to address such alleged corruption of trial court litigation
records.

Reasonable resolutions could be:

a) Marking the docket of Melson v Zernik as invalid as a whole, in a way
that would be visible in Pacer by a layperson with no effort, or

b) Removing it from Pacer and CM/ECF altogether.
Regardless, continued posting of false and deliberately misleading records by
the Clerk of the U.S. Court, particularly one in Washington DC, is likely to be
deemed as severe violation of Human Rights per ratified International Law.
Likewise, you may be deemed the offender.

___/s/Joseph Zernik___________
Joseph H Zernik
Los Angeles County, California

The complete letter to Clerk Mayer Whittington can be viewed at:

Demand for Clerk Nafisi of U.S. District Court, Los Angeles, to remove docket of Zernik v Connor et al, or clearly mark it as invalid record.

Background:
The U.S. Courts have just completed a massive project of installing dual docketing systems - Pacer and CM/ECF - seperate and undqual, where the courts can segregate the parties at will. Those delegated to Pacer cannot distinguish between valid, effectual court records and the large volume of invalid, ineffectual records posted online by the courts.

In Zernik v Connor et al (2:09-cv-01550) the Clerk of the Court, Terry Nafisi, in collusion with Magistrate Carla Woehrle and Judge Virginia Phillips, allegedly engaged in the conduct of a false and deliberately miselading litigation - of claims of Civil Rights violations. The goal of such conduct was allegedly to allow continued racketeering by Countrywide Financial Corporation, Bank of America Corproation, and Judges of the LA Superior Court.

In Fine v Sheriff Department of LA County (2:09-Cv-01914) the Clerk of the Court, Terry Nafisi, in collusion with Magistrate Carla Whoehrle and Judge John Warner, allegedly engaged in the conduct of a false and deliberately misleading litigation - of a habeas corpus petition. The goal of such conduct was allegedly to allow continued false jailing of Att Richard Fine.




Terry Nafisi
District Court Executive and Clerk of Court
terry_nafisi@cacd.uscourts.gov

Clerk Nafisi:
Please accept this letter as my request to access court records to inspect and to copy pursuant
to Nixon v Warner Communication, Inc (1978), where the U.S. Supreme Court re-affirmed
the Common Law and First Amendment rights to access judicial records to inspect and to
copy.
...
This request pertains specifically to NEFs (Notices of Electronic Filings) including any
digital stamps, or digital signatures, encrypted as series of numbers and characters, which
may be embedded in such NEFs of various records in the following cases:
1) Zernik v Connor et al (2:08-cv-01550), and
2) Fine v Sheriff Department of LA County (2:09-cv-01914).
...
Enclosed is also the record of our communications in the past two months. We are yet to
cross the line where you allow those who communicate on your behalf to:
a) Identify their professional qualifications as Clerk Deputy – or not, and
b) State that they were communicating on your behalf.

....
Therefore, please be noticed - Ongoing posting of false and deliberately misleading records is
harmful. Please either have such records marked clearly as invalid, so that a layperson would
not mistake them for anything else. Alternatively – entirely remove them from the online
docket.
...
Dated: September 4, 2009

JOSEPH H ZERNIK

___/s/ Joseph Zernik_____
By: Joseph H Zernik


The complete letter to Clerk Nafisi of U.S. District Court, Los Angeles, can be viewed at: