In a litigation, which was commenced with the issuance of fraudulent, invalid summons, Judge ROYAL FERGUSON is presiding since May 2009 with no Assignment Order. Following dispute over attorneys fees, ROYAL FERGUSON purported to establish in November 2010 an “Ex Parte Receiver over the Person and Property” of Defendant Jeffrey Baron with no foundation in the law, akin to slavery. Regardless of multiple filings with the US Court of Appeals, 5th Circuit, Circuit Judges permitted such corruption to stand. Such conduct should be deemed extra-judicial conduct, which is not protected by any judicial immunity.
Widespread corruption in receiverships was previously documented also in the State of California courts.
Unless corruption of the courts and the legal profession is thoroughly addressed, it is unlikely that the United States will emerge from the current financial and constitutional crisis.
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Fraudulent, invalid electronic record systems (PACER and CM/ECF), implemented by the US courts, enable the routine conduct of simulated litigation.
The Administrative Office of the US Courts has implemented over the past decades electronic records systems in the US courts:
- PACER – for Public Access Court Electronic Records, and
- CM/ECF – for Case Management and Electronic Court Filing.
In implementing the systems, the US Courts introduced a sea change in the mechanics of filing and authentication of courts records. However, the US Courts have never published new rules of courts in this matter, neither has the US Congress enacted such rules. [[i]]
Key defects in the systems pertain to:
- Failure to define the nature of digital signatures;
- Failure to define the nature of authentication record, and
- Universal denial of public access to the authentication records, often even to parties in their own cases.
With it, the systems enable to conduct simulated litigation, while projecting the appearance of normal court conduct. Such corrupt practices have been previously documented in the US courts from coast to coast, reflecting widespread corruption of judges, clerks, and attorneys.
Regardless, the case of Jeffrey Baron is unique in flaunting the corruption.
Netsphere Inc et al v. Baron et al (3:09-cv-00988) in the US District Court, Northern District of Texas: Simulated litigation, coordinated by the Plaintiffs and others with the Court, in advance of filing the complaint. [[ii],[iii]]
The complaint, filed in May 2009, originated in a contract dispute.
Review of the records of the US District Court in this case shows:
- Fraudulent summonses were issued by the Office of the Clerk KAREN MITCHELL – with no seal of the court, as required by US law. [[iv]]- Judge ROYAL FURGESON appears in the case with no Assignment Order at al. [[v]]- The purported Receiver, Attorney PETER VOGEL, was appointed in November 2010 through an ex parte “Emergency motion for Appointment of Receiver over Jeffrey Baron”[[vi]]- The fraudulent Order Appointing Receiver fails to state any section of the US code as the legal foundation for the appointment of a receiver in this case. [[vii]]- The fraudulent Order Appointing Receiver purported to give him authority over the Person and Assets of Defendant Jeff Baron. The notion itself is akin to slavery.
- Numerous “Motions”, “Minutes”, “Orders”, and “Clerk’s Notices of Delivery” in this case were noted “entered” in the docket of this case with no docket numbers, and/or with no hyperlinks to any electronic records. Such docket notes are opined as fraud on the court.
- Search of the Calendar of the Court for January 1, 1970 to March 11, 2012, showed “No Schedule Found”.
This case is now nearing its fourth year, with no end in site. The Civil Cover Sheet notes the original Demand of $75,000. However, by now, Judge ROYAL FURGESON and others, have seized the multimillion dollars corporations controlled by the Defendant, with no legal foundation at all, while intimidating him under the threat of force, unlawful, but credible.
The case as a whole should be deemed simulated litigation, extortion and racketeering by Judge ROYAL FURGESON, Clerk of the Court KAREN MITCHELL, Attorney PETER VOGEL and others involved in the case. Conduct of Judge ROYAL FURGESON in this case should be deemed extra-judicial activity, and therefore, with no judicial immunity at all.
Upon review of the records, a reasonable person would conclude that the criminal scheme in this case was coordinated by the Plaintiffs Judge ROYAL FURGESON, Clerk of the Court KAREN MITCHELL, Attorney PETER VOGEL, and others in advance of filing the complaint.
Netsphere Inc et al v. Baron et al (3:09-cv-00988) in the US District Court, Northern District of Texas: False docket notes with no docket numbers and/or with no hyperlinks to records. United Nations reports on Strengthening Judicial Integrity note missing court records as a cardinal sign of judicial corruption.
Netsphere Inc, et al v Jeffrey Baron (10-1120) in the US Court of Appeals, 5th Circuit: The corruption in the US District Court is permitted to continue unbridled, to this date. [[viii]]
Numerous filings with the US Court of Appeals, 5th Circuit, did not put an end to the alleged racketeering in the US District Court in Texas.
Appeal from the Ex Parte Order Appointing Receiver was filed on December 3, 2010, and continues to this date. The docket of the US Court of Appeals notes numerous other related filings. [[ix]]
The US Court of Appeals has no jurisdiction over simulated orders and judgments of the US District Court. Therefore, all such cases in the US Court of Appeals, are opined as fraud on the court as well.
Regarding District Judge ROYAL FURGESON, who pretends to appear as Presiding Judge in the case, papers filed in the US Court of Appeals by the Defendant quote the from official transcripts: [[x]]- "THE COURT: You realize that order is an order of the Court. So any failure to comply with that order is contempt, punishable by lots of dollars, punishable by possible jail, death."
- "THE COURT: They do and I have jurisdiction, too. So I'll tell you what.... You want to challenge the court order, I have the marshals behind me. I can come to your house, pick you up, put you in jail. I can seize your property, do anything I need to do to enforce my orders. I'm telling you don't screw with me. You are a fool, a fool, a fool, a fool to screw with a federal judge, and if you don't understand that, I can make you understand it. I have the force of the Navy, Army, Marines and Navy behind me."
Regarding Attorney PETER VOGEL, who pretends to appear as Receiver both in the District Court and in the Court of Appeals, papers filed in the US Court of Appeals by the Defendant note: [[xi]]
- “Attorney Peter Vogel is a colleague of the district judge and the two blog together on Karl Bayer’s blog site.”
- “Peter Vogel, at this minute, is marching forward, billing daily in a billing frenzy, at a rate of almost $10,000.00 per day.”
- “Peter Vogel and his law firm were adverse to Jeff Baron– literally specialists in suing him (and Ondova). They apparently developed this specialty in violation of their ethical duties – after acquiring attorney-client confidential material Jeff Baron disclosed to Peter Vogel in 2001.”
Regardless, the US Court of Appeals continues to patronize the conduct of the US District Court in this case:
- On December 8, 2010, Circuit Judges PATRICK HIGGINBOTHAM, JERRY E SMITH, and CATHARINA HAYNES, denied Baron’s initial Motion for Stay pending Appeal, in an unsigned order, which bears no stamp of the Clerk of the Court.
- On December 20, 2010, Circuit Judges HIGGINBOTHAM and JERRY E SMITH denied a repeat Motion to Stay, again in an unsigned order, which bears no stamp of the Clerk of the Court, accompanied by a misled “Memorandum to Counsel” by Clerk of the Court LYLE W CAYCE.
Similar conduct was previously documented in the California courts as well
Conduct of simulated receiverships was documented in the State of California as well. [[xii]]
There, too, the US District Court, Central District of California, and the US Court of Appeals, 9th Circuit, and US law enforcement to its highest levels, patronized the corruption.
The 2010 submission of Human Rights Alert (NGO) to the United Nation Human Rights Council, which was based in part on documentation of such conduct, led the official United Nations report to conclude, “corruption of the courts and the legal profession and discrimination by law enforcement in California" [[xiii]]
Corruption of the US courts is at a level, probably not seen in a century
Fraud on the Courts is typically reserved for cases, where the Civil Rights of individuals are abused to benefit banks, large corporations, and corrupt government officials.
Human Rights Alert’s Dr Zernik has previously published and presented evidence of the large-scale fraud in the US courts' records in an international computer science conference and in the 2010 World Criminology Congress. [[xiv]]Additional evidence was independently discovered by PROPUBLICA and published both by PROPUBLICA and the NATIONAL LAW JOURNAL. [[xv]] Dr Zernik has also created an online archive of such fraudulent US court records from coast to coast, and refusal of US law enforcement to provide equal protection under the law. [[xvi]]
More recently, OCCUPY THE COURTS has focused on the role of the US courts in corruption of the US government and banking system under the current crisis. [[xvii]]
"I doubt that even the Occupiers realize how central the corrupt US courts are to the current crisis," adds Dr Zernik.
Similar conditions prevailed in the US courts a century ago, during the notorious Robber Baron Era, which led to the Great Depression. At that time, the US courts were described by the US Congress as "a burlesque". Consequently, laws were enacted by Congress to reform of the US courts. Both then and now, corruption of the offices of the Clerks of the Courts, who hold the duty to safeguard the integrity of the US courts' records, was central to the corruption. [[xviii]]
"The US has developed a fully simulated justice system," concludes Dr Zernik, "It is unlikely that the US would emerge from the current financial and constitutional crisis, unless corruption of the US courts is addressed." ###
Joseph Zernik, PhD [[xix]]
[i] 10-10-30 Zernik, J Zernik, J Case Management and Online Public Access Systems of the US District Court, Central District of California - a tool for simulated litigation.
11-05-20 NEF (Notice of Electronic Filing) in the US Courts Electronic Filing System (CM/ECF)
[ii] "Simulated Litigation", "Simulated Decisions", "Simulated Service" here refer to conduct defined in the Texas Criminal Code as follows:
Texas Penal Code §32.48. SIMULATING LEGAL PROCESS.
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
The practice is widespread in both the state and US courts at all levels.
[iii] Netsphere Inc et al v. Baron et al (3:09-cv-00988) in the US District Court, Northern District of Texas: Compiled records (Docket, Calendar, Complaint, Summons, Assignment Order, Order Appointing Receiver , etc) – evidence of racketeering in the Court
[iv] 28 U.S.C.?1691 requires: “All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof.”
[v] A fraudulent note was inserted in the docket under Dkt #005, purporting to show the entry of an Order Reassigning the case to Judge ROYAL FURGESO. In fact, the record linked under Dkt #005 is an Affidavit of Execution of Service of Summons and Complaint.
[vi] 10-11-24 Dkt #123 – Emergency motion for Appointment of Receiver over Jeffrey Baron
[vii] 10-11-24 Dkt #130 – Order Appointing Receiver
[viii] Netsphere Inc, et al v Jeffrey Baron (10-1120) in the US Court of Appeals, 5th Circuit: Compiled records (Docket, Motions, Orders)
[ix] The US District Court docket lists as Related Cases in the US Court of Appeals, 5th Circuit: 10-11202, 11-10113, 11-10289, 11-10290. The docket of Netsphere Inc, et al v Jeffrey Baron (10-1120) in the US Court of Appeals, 5th Circuit, lists numerous other Related Cases, all of them still current.
[x] 03-02-11 Netsphere Inc, et al v Jeffrey Baron (10-1120) in the US Court of Appeals, 5th Circuit: Motion for Reconsideration of District Court Order Appointing Receiver Over the Person and Property of Jeff Baron.
[xi] 03-02-11 Netsphere Inc, et al v Jeffrey Baron (10-1120) in the US Court of Appeals, 5th Circuit Motion for Reconsideration of District Court Order Appointing Receiver Over the Person and Property of Jeff Baron
[xii] 10-06-21 Samaan v Zernik (SC087400) Complaint against DAVID PASTERNAK – for Public Corruption and Deprivation of Civil Rights under the Color of Law Pursuant to US Law, and Deprivation of Human Rights Pursuant to Ratified International Law:
10-07-18 Galdjie v Darwish (SC052737) Complaint for Public Corruption against JOHN SEGAL – Judge, JOHN A CLARKE – Clerk, Attorney DAVID PATERNAK and others at the Los Angeles Superior Court, RE: Conduct of pretense litigation – alleged real estate fraud by the Court.
[xiii] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California".
[xiv] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
[xv] 11-04-25 Linzer D, In Gitmo Opinion, Two Versions of Reality - ProPublica, April 25, 2011
[xvi] 11-04-23 Habeas Corpus in the United States - the case of Richard Isaac Fine
11-08-23 Protecting Corruption - Windsor Denied Audience With Grand Jury
[xvii] 12-01-07 Occupy the Courts – January 20, 2012
[xviii] 02-00-00 Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
[xix] 11-07-04 Joseph Zernik,PhD, Biographical Sketch
_______Boycott the US presidential vote! It only legitimizes the illegitimate... 11-12-10 Where Should #Occupy Go Next? Civil Disobedience in the Footsteps of Thoreau and Gandhi!
Secede! The US in its current form is simply unmanageable...12-01-01 Secession - A Smart Business Move!
Joseph Zernik, PhD
Human Rights Alert (NGO)
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to corruption of the courts and the legal profession and discrimination by law enforcement in California. The 2010 UN UPR report called upon the United States to stop executions, restore habeas corpus and close GITMO, abolish slavery, criminalize torture...
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Take away justice, then, and what are governments but great bandit bands?Saint Augustine, Civitas Dei (City of God,4.4)
_____________________________WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases."
Reuters (Jan 22, 2012)
CNN (April 7, 2011)
* About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences."
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
* "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)
* "...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)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010)
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS 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 (2010)
WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?* "What goes on there is more like gulags of centuries ago."
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."
More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.
Transcript of Senator Leahy speech (2009)