Human Rights Alert

PO Box 526, La Verne, CA 91750

Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert

10-09-09 Harvard Law School Dean Martha Minow, Board of Advisors of

Harvard Human Rights Law Review Asked for Acknowledgement of
Receipt of Paper Submitted to the Journal.

Lani Guinier
Professor of Law
Harvard Law School
lguinier@law.harvard.edu

Randall Kennedy
Professor of Law
Harvard Law School
rkennedy@law.harvard.edu

Dean Martha Minow

Dean of Harvard Law School
and Professor of Law
Harvard Law School
minow@law.harvard.edu

Deborah Ramirez
Professor of Law
Northeastern University School of Law
d.ramirez@neu.edu

Board of Advisers
Harvard Civil Rights Civil Liberties Law Review

RE: Request for acknowledgement of receipt of paper submitted for

consideration for publication in the Harvard Civil Rights Civil Liberties
Law Review

Dear Profs Guinier, Minow, Kennedy, and Ramirz:

As members of the Board of Advisors of the Harvard Civil Rights

Civil Liberties Law Review, I address you with a request that the Review
acknowledge receipt of paper, which was recently submitted for consideration
for publication.
Requests addressed to the Review itself remained unanswered.

Truly,

Joseph Zernik, PhD

Human Rights Alert (NGO)
____________
Case Management and Online Public Access Systems of the Courts – An Urgent
Call of Legislative Action
Joseph Zernik, PhD ,
Human Rights Alert (NGO)
http://www.scribd.com/Human_Rights_Alert

Abstract
Digital voting machines were previously shown to be vulnerable to malfunction and
malfeasance. Papers, recently published in computer science journal, likewise,
outlined the invalidity of digital case management and online public access systems
that govern the courts, jails, and prisons in the United States, and documented large-
scale abuse of such systems. Invalid case management and online public access
systems were claimed as key to deterioration of integrity of the justice system, which
was previously opined in official, expert, and media reports. Such systems enabled the
holding of prisoners under pretense of lawfulness, the conduct of pretense court
proceedings, and the issuance of pretense court records, as part of pretense of judicial
review. A series of case studies documented that the respective orders or judgments
were either unsigned or unauthenticated in the digital case management systems,
albeit, the public at large, and the harmed parties in particular, could not discern such
facts in the online public access systems as designed and operated by the courts.
Moreover, a “chain reaction” effect was documented, where the US courts, up to the
Supreme Court of the United States engaged in pretense review of cases originating
from lower courts. Corrective legislative actions were outlined, which were urgently
needed - first and foremost - comprehensive review and the establishment of publicly
and legally accountable validation of all case management and online public access
systems at the courts, jails, and prisons and with it – restoration of the clerks’
accountability for integrity of dockets and counsel appearances. Full enforcement of
the law was called for regarding counsel, when engaged in conduct that was opined as
fraud intended to pervert justice, which was facilitated through case management
systems of the courts. Truth and Reconciliation Commission was also likely to be
required. Such actions were likely to restore access to the courts and the rule of law,
and to safeguard Human Rights in the digital era.
Key Words
Liberty, Access to the Courts, Human Rights, Rule of Law, Fraud, United States
Courts, Superior Court of California, Los Angeles County, California, Digital
Signatures, Relational Databases, Functional Logic Verification, Case Management
Systems, Online Public Access Systems, Court Dockets, Prisoners’ Registration
Author's Biography
Over the past decade, Joseph Zernik, PhD produced analyses of fraud in government
and corporate case management and online public access systems, which were
supported in part or in full by national or international experts in relevant fields,
including, but not limited to:
1) California Commission on Teachers Credentialing and the Beverly Hills,
California, Unified School District – online public access system of teachers’
credentials, and school district electronic pupil educational records
Around 2002 Dr Zernik filed complaint with the California Department of Education
alleging dishonest manipulation of the online database of the Commission relative to
credentials of the then Head Counselor at the Beverly Hills Unified School District,
and the related destruction of electronic pupil education records in the Special
Education program. After about a year and a half and two investigations, the
California Department of Education issued a decision: “The School District is out of
compliance and in violation of the law”.
2) Countrywide Financial Corporation – EDGE underwriting monitoring
system
In January 2007 Dr Zernik filed with FBI, Los Angeles, a complaint including analysis
of EDGE – the underwriting case management system and of the fax servers of the
Corporation, alleging that the systems permitted the funding of sub-prime uniform
residential loan applications (1003) with no underwriting at all, and the retroactive
construction of loan application files, while creating the pretense of compliance with
the law. Dr Zernik further claimed that such conduct incurred liabilities of hundreds of
billions of dollars to the US Treasury.
Dr Zernik’s projection materialized a year later, with the collapse of the Corporation.
FBI to this date refuses to investigate the complaint, even after inquiries by the Hon
Dianne Watson, Senator from California, and the Hon Diane Watson,
Congresswoman from Los Angeles, on FBI and US Department of Justice in the
matter.
Regarding Dr Zernik's opinion of fraud in particular underwriting records from
Countrywide, Robert Meister, a renowned US fraud expert and litigation support
consultant, who operates throughout the US provided support opinions.
3) Sheriff’s Departments of Los Angeles and Marin Counties, California –
prisoners’ registration systems
In 2010 Dr Zernik authored a paper titled: “Data Mining as a Civic Duty
– Online Public Prisoners Registration Systems”, which documented that
about 50% of the arrest and booking records in both counties, as presented in
online public access systems were invalid. Moreover, in the case of Los
Angeles County, California, additional evidence was provided that such
records were false and deliberately misleading, and correlated with large-
scale false imprisonments, as reported in official, unofficial, and media
reports for over a decade.
The paper was published in the International Journal of Social Media. The editorial
board of the Journal lists computer scientists from several nations, including Dr
Alexander Troussov, whose current interests include the employment of graph theory
and other mining tools in large scale data mining, combined with implementation of
expert systems on complex, comprehensive, and divergent systems of interconnected
objects, images, persons, events, and related knowledge bases, and Prof Jan Zizka,
whose main interests are in the mining, measurement, and monitoring of diversified
social media. Combined, the editorial board lists scholars from six European nations
and Canada.
Zernik, Joseph: Data Mining as a Civic Duty – Online Public Prisoners’ Registration
Systems, International Journal of Social Media: Monitoring, Measurement, Mining 1:
84-96 (2010)
http://inproperinla.com/10-08-18-sonet2010-zernik-1-prisons-pending-publication-
s.pdf
4) Superior Court of California, County of Los Angeles – Sustain case
management system
In 2008 Dr Zernik authored two manuscripts, which documented false and deliberately
misleading records in SUSTAIN – the case management of the Court. The
manuscripts were reviewed by Prof Eli Shamir, Department of Computer Science,
Hebrew University, whose contributions to computer science from its earlier stages
included the development of fundamental tools in language analysis.
Prof Shamir’s opinion stated:
Dr. Joseph Zernik produces credible documentary evidence and raises serious
allegations concerning existing, rather old computerized systems in the Los
Angeles courts, both civil and criminal divisions: Material deficiencies in safety
against possible fraudulent actions on records, documents, and data by the court
staff.
Prof Shamir also called upon US-based computer science experts to investigate the
system.
Dr Zernik also documented the denial of public access to the SUSTAIN Registers
of Actions (California civil dockets) by the Court, and the publication instead of
false and deliberately misleading “Case Summaries” in the Court’s online public
access system.
Such analysis correlated with the official Blue Ribbon Review Panel Report
(2006), which concluded that
“...the LA Superior Court … part [s] of the justice system that the Blue
Panel Report recommends must be investigated relative to the integrity of
the system”.
Such analysis also correlated with opinion of Prof Erwin Chemerinsky, founding
Dean, University of California Irvine Law School, who wrote (2001) regarding the
Superior Court of California, County of Los Angeles:
“This is conduct associated with the most repressive dictators and police
states… and judges must share responsibility when innocent people are
convicted.”
5) Superior Court of California, County of Los Angeles – Pretense
Receiverships
Additional fraud was opined by Dr Zernik in conduct of the Superior Court of
California, County of Los Angeles, relative to pretense Receiverships employed by the
Court for taking the properties of individuals or corporations. In Dr Zernik’s opinion
the conduct was enabled and facilitated in operations of Sustain combined with the
online public access system of the Court.
Dr Zernik’s opinion in this regard was fully supported by opinion of FBI veteran,
fraud expert James Wedick, who had been decorated by US Congress, FBI Director,
and US Attorney General for his achievements in law enforcement. Mr Wedick
opined “fraud being committed” and “investigation should be immediately instituted”.
[italics in the original –jz]
6) US District Courts and US Courts of Appeals – PACER & CM/ECF
In 2010 Dr Zernik authored a paper titled: “Data Mining of Online Judicial Records of
the Networked US Federal Courts”, which was peer reviewed and published in the
International Journal of Social Media (see also #3 above). The paper documented the
issuance of unauthenticated, and at times unsigned orders and judgments by the courts,
which were nevertheless published in online PACER dockets as if they were valid and
effectual court records. In parallel, the paper documented almost universal denial of
public access to authentication records of the courts, and refusal of Clerks of the
Courts to certify such PACER dockets.
Zernik, Joseph: Data Mining of Online Judicial Records of the Networked US Federal
Courts, International Journal of Social Media: Monitoring, Measurement, Mining,
1:69-83 (2010)
http://inproperinla.com/10-08-18-sonet2010-zernik-2-courts-pending-publication-s.pdf