Monday, January 25, 2010

10-01-25 Kindly requesting Inspector General, US Dept of Justice, Glenn A Fine's timely response in re: November 2009 Complaint of Misconduct by Kenneth Kaiser - Assistant Director of FBI and Kenneth Melson - Director, US Attorney General Office, alleging Misconduct:

 


Date: Mon, 25 Jan 2010 11:55:10 -0800
To: "Attention: Glenn A Fine, General, Inspector (OIG)"
From: joseph zernik
Subject: Kindly requesting Inspector General, US Dept of Justice, Glenn A Fine's response re: Complaint of misconduct by Kenneth Kaiser - Assistant Director of FBI and Kenneth Melson - Director, US Attorney General Office in re: the LA-JR (alleged Los Angeles Judiciary Racket). Timely response requested.
Cc: "US agencies, law school faculty, NGOs, and others"


The favor of response within 10 business days is requested.

RE: Kindly requesting Inspector General, US Dept of Justice, Glenn A Fine's timely response in re: November 2009 Complaint of Misconduct by Kenneth Kaiser - Assistant Director of FBI and Kenneth Melson - Director, US Attorney General Office, alleging Misconduct: (a) Fraud in their responses to US Congressional inquiries of August 2008, and (b) Refusal to accord the 10 million residents of Los Angeles County Equal Protection, in view of incontrovertible evidence of conduct of the LA-JR (alleged Los Angeles Judiciary Racket).

TO Glenn A Fine, Inspector General, US Dept of Justice, and the DOJ/DIG Investigations Division.
By email: "Attention: Glenn A Fine, General, Inspector (OIG)"

Dear Mr Fine:

Thank you very much for the first ever written response from your office, dated January 25, 2010, copied below.  My January 24, 2010 email note: Samaan v Zernik (SC087400), also copied below, was explicitly stated as an addendum to complaint, which was filed with your office in November 2009, alleging Misconduct by senior US Officers: Mr Kenneth Kaiser - Assistant Director of FBI, and Mr Kenneth Melson - Director of US Attorney General Office.  Please accept instant notice as a request for a timely response regarding the receipt and disposition of the November 2009 complaint. Please also note that instant request is fully consistent with "Restoring Confidence in the Department of Justice" listed as a "Top Management Challenge in the Department of Justice" for 2009.  Please also notice that such request for Equal Protection was fully consistent with FBI policy, stated in December 2008 (underline added): "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".

Brief Chronology:

1) In early 2008, Complaint was filed with US Department of Justice, Office of the Attorney General, including incontrovertible evidence of the operation of the LA-JR - alleged Los Angeles Judiciary Racket. In view of such serious conditions, only minimal enforcement actions by US Department of Justice were requested: Providing Equal Protection through enforcement of the right to access court records - to inspect and to copy - in Los Angeles County, California. It was  claimed that enforcement of such right, in and of itself, would paralyze the LA-JR. 

2) US Department of Justice and Office of the US Attorney General refused to respond at all. 

3) Around August 2008, the Hon Dianne Feinstein - US Senator and the Hon Diane Watson - US Congresswoman, filed on my behalf  Congressional Inquiries on the same matter, which were answered by
Messrs Kaiser and Melson.  Responses of Messrs Kaiser and Melson to US Congress were the subject of the November 2009 complaint to your good offices. The complaint alleged that upon review by your office, such responses must be deemed as Misconduct by Messrs Kaiser and Melson: Fraud and Deceit upon US Congress, and refusal to accord Equal Protection to the 10 million residents of Los Angeles County California.

4) Events that consequently transpired, confirmed my allegations in re: the LA-JR, beyond any reasonable doubt:

a) In October 2008, California Court of Appeals, 4th District ruled that ALL judges of the Superior Court of California, County of Los Angeles had been taking for over a decade payments, which were "not permitted".  Such "not permitted" payments continue to this date, to the tune of >$45,000 per judge per year.  Such payments by Los Angeles County, California, were matched by conditions, where it became practically impossible to win a case against LA County at the Superior Court of California, County of Los Angeles.

b) On February 20, 2009, the California Governor signed Retroactive Immunities/Pardons for ALL judges who took the "not permitted" payments, in fact affirming their criminality.

c) On March 4, 2009, less than two weeks later, 70 yo former US Prosecutor, Attorney Richard Fine, who was the one who had exposed such widespread corruption of ALL the judges of the Superior Court of California, County of Los Angeles, was abducted in open court by the Los Angeles Sheriff Department, albeit with no warrant, with no conviction, and with no sentencing. He has been held locked up in a hospital room in Los Angeles ever since, albeit - with no medical justification for the false hospitalization.

d) Since October 2009, Los Angeles Sheriff, Lee Baca, has denied multiple requests to access the California Public Records which were the arrest and booking papers of Inmate Richard Fine.

e) In January 2010  following formal Inquiry by Los Angeles County Supervisor, the Hon Michael Antonovich, the office of Lee Baca finally provided written responses -  stating that California Public Records Act did not require that it produce papers which did not exist.

5) In November 2009, complaint was filed with your office, alleging Misconduct by Messrs Kaiser and Melson.  By phone staff of your office was willing to confirm receipt of my complaint, and further stated that the complaint was "under review".  However, your office so far refused to provide any written acknowledgement of receipt of the complaint.  Likewise, no response whatsoever was received regarding the disposition of the complaint.

I therefore again request your written response regarding receipt and disposition of the November 2009 complaint alleging Misconduct by Mr Kenneth Kaiser and Mr Kenneth Melson: (a) Fraud in their responses to US Congressional Inquiries of August 2008, and (b) Ongoing refusal to accord the 10 million residents of Los Angeles County Equal Protection, through enforcement of the right to access court records - to inspect and to copy -  in view of incontrovertible evidence of conduct of the LA-JR (alleged Los Angeles Judiciary Racket).

The favor of a response within 10 business days is requested.

Dated: January 25, 2010 in La Verne, Los Angeles County, California,
   []
By:____________
  Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of Beyonce' Knowles, Sharon Stone, and Charlize Theron,
Coming soon- deep house music!

http://www.scribd.com/Free_the_Rampart_FIPs
Please sign our petition - Free Richard Fine: http://www.thepetitionsite.com/1/free-fine


At 06:45 AM 1/25/2010, US Dept of Justice, Office of Inspector General wrote:
Dear Mr. Zernik -

Thank you for your correspondence.  The Department of Justice, Office of the Inspector General investigates allegations of misconduct by employees of the U.S. Department of Justice, as well as waste, fraud and abuse affecting a Department of Justice agency or program.
 
The matters that you raised are outside of our investigative jurisdiction, therefore no action will be taken by this office. 

Please contact our office in the future with any information that relates to our investigative jurisdiction. 

Sincerely,
DOJ/OIG Investigations Division
 ___________________
_ _ _ _ _ _  At 07:57 PM 1/24/2010, Joseph Zernik wrote:
From: joseph zernik [mailto:jz12345@earthlink.net]
Sent: Sunday, January 24, 2010 7:57 PM
To: David Pasternak; Samuels, Sandor - Legal; Boock, Todd A -Legal; Shatz, Sanford -Legal; Modisett, Jeffrey A, Managing Partner- LA; Jenna Moldawsky; Amberg, John W.; John A Clarke- Clerk of the Court; Charles McCoy -Presiding Judge ; Mohammad Keshavarzi; Wachtell, Michael
Subject: Samaan v Zernik (SC087400) Kindly request to cease and desist racketeering.

Please take notice of digitally signed letter, attached, and copied below.
jz
______________

Sunday, January 24, 2010
10-01-24 Samaan v Zernik (SC087400) kindly requesting Bank of America Corporation, Supervising Judge Gerald Rosenberg, Deputy Clerk Ruth Miklos, and Atty David Pasternak to cease and desist racketeering.
[]

Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-01-24 Samaan v Zernik (SC087400): Kindly request to Supervising Judge Gerald Rosenberg, to Deputy-Clerk Ruth Miklos, to Attorney David Pasternak, and others - to Cease and Desist Racketeering
Bryan Cave, LLPBuchalter Nemer; John A Clarke Clerk of the Superior Court of California, County of Los Angeles; Mara Escrow Company; Charles McCoy Presiding Judge; Ruth Miklos Deputy-Clerk;  Brian Moynihan President;  Bank of America CorporationDavid Pasternak, Gerald Rosenberg Supervising Judge;Nivie Samaan; and Sheppard Mullin .           
TO PARTIES LISTED ABOVE:
Please take notice of instant repeat request to cease and desist racketeering, pertaining to false and deliberately misleading January 21, 2010 purported Minutes by Judge Gerald Rosenberg and Deputy-Clerk Ruth Miklos, in collusion with David Pasternak and others, which upon review should be deemed fraud and forgery of a court record, and as part of a scheme of extortion. [1] 
Samaan v Zernik (SC087400) was falsely claimed to be a case of the Superior Court of California, County of Los Angeles.  The facts in the matter demonstrated that no such caption as Samaan v Zernik ever existed under the jurisdiction of the Superior Court of California, County of Los Angeles. Under such false caption, Attorney David Pasternak and the Superior Court of California, County of Los Angeles were opined by fraud expert, second to none, as conducting real estate fraud. [2] Countrywide Financial Corporation, and later Bank of America Corporation, were alleged as central to the racketeering at the Court in this matter. [3] [4]
Regarding alleged fraud and forgery in the January 21, 2010 purported Minutes, [1] please notice the following:
1)      The January 21, 2010 purported Minutes were listed under caption Samaan v Zernik (SC087400), and the Superior Court of California, County of Los Angeles.  The evidence demonstrated that such caption never existed as a case of the Superior Court of California, County of Los Angeles.
2)      The January 21, 2010 purported Minutes listed Gerald Rosenberg, in his capacity as Judge, as presiding in such caption.  None of the judges that purported to preside in such caption held an Assignment Order, neither does Judge Rosenberg. His conduct in this regard must be deemed non-judicial conduct, and therefore, not covered by any judicial immunity.
3)      The January 21, 2010 purported Minutes were listed as a Ruling of the above named court on Submitted Matter Regarding Receivers Request for Bonus.  However, there was nothing properly before Gerald Rosenberg, in his capacity as judge, to rule upon.
4)      The January 21, 2010 purported Minutes designated David Pasternak as Receiver in Samaan v Zernik. Even had there been such valid caption as Samaan v Zernik, no Appointment Order for David Pasternak as Receiver had ever been entered by the Court. Therefore, David Pasternak could not possibly be designated as Receiver.
5)      The January 21, 2010 purported Minutes stated that David Pasternaks purported request for Bonus was Denied.  The purported grounds for such Denial were:
The Receiver's (DAVJJD J. PASTERNAK) Request forBonus Compensation is DENIED. There is no legal authority submitted for the award of said bonus.
Even had there been a valid caption such as Samaan v Zernik, and even had there been an Appointment Order entered for David Pasternak as Receiver, such ruling would have contradicted all previous court actions under the same purported caption: There had never been any legal authority submitted for any of Mr Pasternaks actions under the false caption of Samaan v Zernik. Neither was there any legal authority for any of Gerald Rosenbergs conduct under such false caption.
6)      The January 21, 2010 purported Minutes ended with a purported: Clerks Certificate of Mailing/Notice of Entry of Order, which was signed by Ruth Miklos, on behalf of John A Clarke, Clerk of the Court. Upon comparison of such paper to a collection of Minutes of the Court, [5] the format of the signature box and the service list clearly showed that the January 21, 2010 purported Minutes were never adequately issued in Sustain, the case management system (CMS) of the court. Instead, the signature box and the service list were typed in the word processing capacity of the CMS. In fact, the paper should be deemed a forgery, generated through false use of Sustain.
7)      The purported January 21, 2010 purported Minutes ended with an invalid, false and deliberately misleading Service List:
-DAVID J. PASTERNAK
Receiver
1875 Century Park East, Suite 2200 Los Angeles, California 90067-2523

-MOE KESHAVARZI, ESQ, Attorney at Law
SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
333 South Hope Street, 48th. Floor Los Angeles, California 90071-1448

-BRYAN CAVE LLP Attorneys at law
120 Broadway, Suite 300 Santa Monica, California 90401-2386

-JOSEPH ZERNIK Defendant, in Pro-Per Status [sic jz]
P.O. Box 526 La Verne, California 91750

-MICHAEL WACHTELL, ESQ Attorney at Law
BAUCHALTER & NEMER
1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017-2457

California Rules of Court required that each and every party be listed with its designation in the Service List. The purported counsel listed above should have been listed with their purported clients and purported party designations, as such:
-BRYAN CAVE LLP Attorneys at law
120 Broadway, Suite 300 Santa Monica, California 90401-2386
Appeared, and purported to be Counsel of Record for:
Bank of America Corporation, Non Party, Real Party in Interest, Defendant, Plaintiff, Cross Defendant - interchangeably all with no legal foundation at all.

-JOSEPH ZERNIK Defendant, in pro per
P.O. Box 526 La Verne, California 91750

-MICHAEL WACHTELL, ESQ Attorney at Law
BAUCHALTER & NEMER
1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017-2457
Appeared and purported to be Counsel of Record for:
Mara Escrow Company, subsidiary of Old Republic International with no party designation at all.

-MOHAMMAD KESHAVARZI, ESQ, Attorney at Law
SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
333 South Hope Street, 48th. Floor Los Angeles, California 90071-1448
Appeared for Nivie Samaan purported Plaintiff.

The January 21, 2010 purported Minutes are a repeat with variation of the December 8, 2009 purported Reassignment Order to Judge Richard Stone. [6]  The December 20, 2009 Notice to Cease and Desist Racketeering, which was consequently issued, [7] appeared to have been ignored by the Hon Rosenberg, albeit, the false case of Samaan v Zernik was never moved to Judge Richard Stone, either.

In short:
The January 21, 2010 purported Minutes upon review should be deemed as forgery, and as additional evidence of various predicated acts pursuant to RICO, and in addition - as deprivation of rights under the color of law, and as deprivation of implied guarantee for honest services.
The January 21, 2010 purported Minutes also demonstrated the ongoing fraud in operation of Sustain, the case management system (CMS) of the LA Superior Court, and the need to subject all CMSs of the courts to publicly accountable validation (certified functional logic verification)..

Dated: January 24, 2010.
Truly,
[]
Joseph Zernik
Los Angeles County, California
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of  Sharon  Stone, Beyonce Knowles, and Charlize Theron,
Coming soon- deep house music!
 

CC1:
1)      John A Clarke Clerk of the Superior Court of California, County of Los Angeles
        By fax and by letter USPS First Class mail
2)      Bryan Cave, LLP
        By email 
3)      Buchalter Nemer
        By email
4)      Mara Escrow Company
        By fax and by letter USPS First Class mail
5)      Ruth Miklos - Deputy-Clerk
        By fax and by letter USPS First Class mail
6)      Charles McCoy Presiding Judge,
        By fax and by letter USPS First Class mail
7)      Brian Moynihan President, Bank of America Corporation,
        By email
8)      David Pasternak,
        By email
9)  Gerald Rosenberg Supervising Judge,
        By fax
10)  Nivie Samaan
        By email
11)  Sheppard Mullin
        By email

CC2:
1)      FBI Los Angeles as a request to investigate overwhelming evidence of racketeering at the Los Angeles Superior Court.
2)      Robert Mueller, III, Director, FBI - as a request to investigate overwhelming evidence of racketeering at the Los Angeles Superior Court.
3)      Glen A Fine US Dept of Justice Inspector General in re: Complaint against Kenneth Kaiser and Kenneth Melson.
4)      Mary Schapiro SEC Chair in re: Complaint against Bank of America Corporation.
5)      David Kotz SEC - Inspector General in re: Complaint re: SECs refusal to investigate Bank of America Corporation.
6)      Kevin Bailey Deputy Comptroller of the Currency in re: Complaint against Bank of America Corporation.
7)      Eric Thorson Dept of the Treasury Inspector General in re: Refusal of Thrift Supervision and Federal Trade Commission to investigate Countrywide.
8)      Jon Leibowitz, Chair, Office of Federal Trade Commission
        By Email
9)      Basel Accord Committee in re: US government failure to conduct banking supervision as a good faith party to the Basel Accords.
10)      Central Banks, Analysis Departments slim prospects for early emergence of the US from current depression, absent measures to safeguard government integrity.

Linked Records:
[1]  January 21, 2010 purported Minutes by Judge Gerald Rosenberg in Samaan v Zernik(SC087400), alleged as fraud and forgery:
http://inproperinla.com/10-01-21-minute-order-by-judge-rosenberg-s.pdf
[2]  December 17, 2007 Grant Deed by David Pasternak Opinion letter of fraud expert James Wedick regarding fraud being committed by David Pasternak.
http://www.scribd.com/doc/24991238/07-12-17-Samaan-v-Zernik-SC087400-David-Pasternak-Grant-Deeds-opined-as-fraud-by-James-Wedick-ss
[3] Six Key Records, which were all filed or produced by Bank of America and/or Countrywide  inSamaan v Zernik, and were all alleged as fraud, were the subject of complaints pursuant to Sarbanes Oxley Act (2002), filed with Bank of America Audit Committee with a request to either authenticate or repudiate the records:
http://www.scribd.com/doc/25286689/09-04-17-Samaan-v-Zernik-SC087400-Bank-of-America-List-of-six-key-records-alleged-or-opined-as-fraud-submitted-in-complaint-to-BAC-Audit-Committee
[4] Bank of America and/or Countrywides records in Samaan v Zernik that were opined as fraud by fraud expert:
a. http://www.scribd.com/doc/25695526/04-09-27-Samaan-v-Zernik-SC087400-Samaan-s-fraudulent-loan-applications-as-filed-with-Countrywide-s
b. http://www.scribd.com/doc/25696045/04-09-27-Samaan-v-Zernik-SC087400-Nivie-Samaan-s-fraudulent-loan-applicaitons-opinion-letter-by-fraud-expert-s
c. http://www.scribd.com/doc/25694933/04-10-26-Samaan-v-Zernik-SC087400-Opinion-Letter-Country-Wide-Frauduent-Underwriting-Letter-s
d. http://www.scribd.com/doc/25694599/04-10-26-Samaan-v-Zernik-SC087400-Countrywide-s-Fraud-in-Underwriting-Letter-Dkt-44-Country-s        
[5]
Collection of Minute Orders by the Los Angeles Superior Court, none of them is claimed to be an honest valid and effectual, yet they demonstrate the alleged forgery in the January 21, 2010 purported Minutes
http://inproperinla.com/00-00-00-la-sup-ct-minute-orders-electronic-case-file-08-11-14-full-certif-s.pdf
[6]  December 8, 2009 purported Reassignment Order to Judge Richard Stone:
http://inproperinla.com/09-12-08-notice-by-keshavarzi-reassignment-to-stone-samaan-v-zernik-s.pdf
[7] A notice to cease and desist racketeering, separately issued for the fraudulent December 8, 2009 Reassignment Order.
http://www.scribd.com/doc/25692157/09-12-20-Samaan-v-Zernik-SC087400-Zernik-s-Notice-to-Sheppard-Mullin-judges-and-others-re-Dec-8-2009-purported-Reassignment-Order-to-cease-and-d

The Usual:
  [][]
IN SHORT - KOZINSKI MUST RESIGN!
 See full size image []

"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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