Monday, January 17, 2011

11-01-17 US and State Judges Likely among Swiss Bank Accounts Holders // EE.UU. y el Estado Jueces probable entre los titulares de cuentas de banco suizo // 美国联邦及州法官可能在瑞士银行帐户持有人

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1) 2009 UBS-AG whistleblower Bradley Birkenfeld
2) 2011 WikiLeaks Assange receiving the Swiss banking data

US and State Judges Likely among Swiss Bank Accounts Holders

Los Angeles, January 17 - in view of the pending WikiLeaks release of Swiss banking data, [[i]] Human Rights Alert (NGO) and Joseph Zernik, PhD, suggest that significant number of US and state judges are likely to be among US citizens holding numbered bank accounts in Switzerland.

Review of numerous cases in the US 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 litigations involving financial institutions. [[ii],[iii]] Such conduct undermines the stated US government efforts to establish honest and effectual banking regulation.

Growing body of evidence suggests that both US 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), US Judge Virginia Phillips, and US Magistrate Carla Woehrle (US 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 whistle-blower Bradley Birkenfeld led to the discovery that an estimated 40,000 US wealthy citizens were holding Swiss numbered accounts with UBS-AG.  Birkenfeld was swiftly sentenced by a US court to years in federal prison. [[iv]]  He was never able to collect rewards provided by the False Claims Act and stated US policies, which could have amounted to billions of US dollars.  The criminal prosecution of the culprits - banking executives - was never materialized, and the US 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.
  • Regardless of mounting credible evidence of racketeering by Bank of America and its senior executives, including Brian Moynihan, US banking regulation agencies refuse to take action. [[v],[vi],[vii]]  It is claimed that conduct of such agencies is caused, at least in part, from the realization that under conditions that prevail today in the US courts, there is no way to prosecute banking executives.
Human Rights Alert suggests that US officials in general, and state and US judges, in particular, are likely to be among the Swiss accounts holders. Moreover, a Swiss law, which would prohibit deposits by US government officers while in office in Swiss bank accounts, is likely to materially affect restoration of US government and US financial markets integrity and stability. 

Through the pending release of both US and Swiss banking records WikiLeaks is therefore likely to support effective banking regulation in the United States, where US agencies and the US courts are acting in disregard of the law.     

LINKS:
[i] 11-01-17 Swiss Whistle Blower Hands Bank Data to WikiLeaks
http://www.scribd.com/doc/47052191/
[ii] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States
http://www.scribd.com/doc/44663232/
[iii] 11-01-10 Request 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) s
http://www.scribd.com/doc/46616530/
[iv] 09-08-25 UBS AG Whistle Blower Birkenfeld Imprisoned
http://www.scribd.com/doc/47053350/
[v] 10-05-05 Countrywide, Bank of America (NYSE:BAC), and its President Brian Moynihan - Compilation of Records - Evidence of Racketeering
http://www.scribd.com/doc/30975368/
[vi] 10-06-11 Complaints Filed with Office of Comptroller of the Currency and SEC against Countrywide, Bank of America (NYSE:BAC), and Brian Moynihan - alleging fraud on shareholders, on banking regulators, and on the US taxpayer
http://www.scribd.com/doc/32907453/
[vii] 10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein's Inquiries on Comptroller of the Currency and US Dept of Justice Inspector General
http://www.scribd.com/doc/30979882/
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Human Rights Alert - NGO
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
Locations of visitors to this page
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/ 
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345  
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
"On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*    
"Innocent people remain in prison"
*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
*  
"...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*  
"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
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WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*  
"...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/

3 comments:

Human Rights Alert (NGO) said...

At 06:47 PM 1/18/2011, Alison Maynard wrote:
Wow, Joe, this is huge and very important. I bet you're right.

The judge in my Summit County district court case who we believe has been taking bribes since 1986, the year he was appointed to the bench, David R. Lass, retired suddenly when I moved to recuse him and went on an around-the-world trip with his wife for several months. I was commenting to my (former) client Gerald Lewis that Lass probably had a meeting set up in Katmandu or somewhere, so that some guy could hand him a bag of cash in the privacy of one of those opium smoke-filled dens with cushions all around, etc. (I was thinking of something from an Indian Jones movie!) Lass's using the trip as cover for a little visit to a Swiss bank would have been far more likely.

Sunny

Human Rights Alert (NGO) said...

Hi Sunny:

You may realize that I am seeking evidence of institutionalized corruption of the State and US judiciary. That is why the individual stories of individual judges are discounted. In contrast, I am interested in individual cases, where the fraud was affected through production of false records in PACER and CM/ECF - the computer systems of the US Court. The systsem was established by the Administrative Office of the US Courts nationwide, in a project that lasted over a decade, and in my opinion had a price tag of over $2billions. I am particularly interested in cases involving financial institutions and/or US Government agencies (e.g. the imprisonment of Sieverding, matter pertaining to SEC, OCC, FBI, US Marshals, US DOJ, etc).

That is why I am interested in the BofA-judges connection as well. The evidence shows that the protection and Fraud on the Courts in cases involving BofA span coast to coast. Therefore, it is likely to be institutionalized.

The main reasons that I propose a Swiss bank (most likely UBS AG), numbered accounts, electronic fund transfer system, is based on various facts:
The most notable is the way the whistle blowing by Birkenfeld was handled. He was not permitted release pending appeal. It was imperative to stash him away and prevent him from filing his False Claims Act complaint.
The facts from Los Angeles Superior Court: Corruption is no longer individual. All judges secretly took about $45,000 per judge per year over a decade from LA County, and in return, it became practically impossible to win a ase against LA County. In LA County the system operated on only 600 judges and commissioners. Regardless, it was never paid as cash. It was all programmed and computerized. The payments were issued routinely, like paychecks, but were kept secret, and the Judges never reported them on their mandatory annual "outside income statements".
Given the number of lawsuits involving BofA from cost to cost, BofA cannot get involved in dealing with each US and state judge individually. It is more likely that they instituted a system, similar to that of LA judges-LA County. Given that it is all "off the record" payments, the most reasonable system for such large scale payments is through electronic funds transfer to numbered accounts in monthly or quarterly installments.
Again, the cases from across the country show routine alleged Fraud on the Courts in litigations of individuals against BofA, with false appearances of counsel who is not counsel of record (Bryan Cave, LLP features prominently). Of unique significance in that respect was the litigation of SEC v BAC, since it was not an individual v BofA, but US gov v BofA. That litigation was alleged Fraud on the Court as well. Moreover, it involved a US District Court judge Jed Rakoff, a well known figure, particularly in securities, organized crime, racketeering. His conduct should be deemed in fact racketeering, if each of the false records he generated in the PACER docket is counted as a Predicated Act per RICO (the issue of Predicated Acts accounting in RICO is far above my level).

The fact that BofA is stronger than the US government today, and the beneficiary of global protection under the US court system, can be further documented by the December 25, 2010 editorial of the New York Times, expressing NYT's anxiety of retaliation by BofA if the NYT publishes the WikiLeask-BofA records:
NYT had no such anxiety in publishing US gov records, regardless of claims by US gov that the publication undermined national security.
NYT itself stated in the editorial that retaliation by BofA would be in violation of the law (in fact - racketeering par excellence).
The fact that NYT published such editorial showed that NTY did not believe that it would be able to gain Equal Protection under the Law against such racketeering.
Joseph Zernik

Human Rights Alert (NGO) said...

SOME OF THE MORE THAN 25 COMMENTS ON LIVELEAK.COM:
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Shit, meet fan.
Posted 6 days ago by "hellgremlin" (R)

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Well, no shit.

Here, let my queue my pic of Capt'n Obvious



Now, when we get the leaked documents of little boy didly fiddlers didly fiddling then maybe someone will give a shit.

You know, think of the children and shit.
Posted 6 days ago by "Steve2010" (R)

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Their lawyers must be circling like hyenas.
Posted 6 days ago by "gregory_peckory" (R)

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oh man thats so awesome, its so great to know some of these scumbags arent going to be able to sleep right knowing they are about to be outed for committing crimes
Posted 6 days ago by "LostSomewhereInSpace" (R)

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They have already said no names will be released. As the old saying goes, nothing to see here folks so move along.
Posted 5 days ago by "viperfoxbat" (R)