a.
Mary L Schapiro, SEC Chair by US Government
b.
Brian T Moynihan, Bank of America President by Bank of America
c.
Jed Rakoff, US Judge by US Government
d. 
Ruby Krajic, Clerk of the US Court by Joseph Zernik
The Data Analytics paper details how a. SEC, headed by Mary Schaprio, b. Bank of America, headed by Brian Moynihan c. Judge Jed Rakoff, US District Court, Southern District of New York, and d. Ruby Krajick, Clerk of the Court colluded in fraud on the People in the litigation of Securities and Exchange Commission v Bank of America Corporation to exonerate banking executives, who unlawfully took USD 5.8 billion. The paper focuses on the features of the electronic record systems of the US courts, PACER and CM/ECF, which enable such fraud in the US courts from coast to coast. The paper claims that the large-scale fraud in the US courts amounts to unannounced regime change in the United States.
Barcelona, September 25 - a paper, detailing large-scale fraud in the
electronic record systems of the US courts (PACER and CM/ECF), and focusing in
particular on the employment of such fraud to undermine banking regulation, has
been published by an international computer science journal, Data Analytics, following rigorous, anonymous peer-review by
international computer-science academic scholars.
The US government has
completed a decade-long project of transition to electronic administration of
the US courts at a cost that is estimated at several billion US dollars. Record keeping under paper administration of the
courts has evolved over centuries and formed the
core of due process and fair hearing. The
transition to electronic administration of the courts affected a sea change in
such court procedures.
Two systems were implemented in the US
district courts and US courts of appeals:
- PACER -- for Public Access to Court Electronic Records,
and
- CM/ECF -- for
Case Management and Electronic Court Filing.
Fraud in the state and
US courts has been increasingly recognized as a key part of the current financial
crisis. A legal expert opined, -- it's
difficult to find a fraud of this size on the U.S. court system in U.S.
history" I can't think of one where you have literally tens of thousands of
fraudulent documents filed in tens of thousands of cases." (Reuters) Concern has also been repeatedly
voiced with the ineffectiveness of US banking regulation.
Under such
circumstances, the Data Analytics paper inspects the information systems,
implemented by the US courts, and their implications in the litigation of a
landmark case under the current financial crisis, Securities and Exchange
Commission v Bank of America Corporation (1:09-cv-06829).
In this case, the US
Securities and Exchange Commission (SEC) purportedly prosecuted Bank of America
Corporation in the US District Court, Southern District of New York, for violations
of securities laws, related to the unlawful taking by executives of $5.8
billion. Financial analysts described the underlying matter as a "criminal
conspiracy' and "bigger than Watergate?'.
Eventually,
the outcome of the litigation was that pursuant to the final Settlement
Agreement, compensation in the sum of $150 million was paid by the shareholders
to themselves. No funds were returned by any of the perpetrators, and none of
the perpetrators was held accountable for their unlawful conduct.
Based on data mining in
this unique target area, the paper claims that instead of enhancing integrity
and transparency of the courts, the electronic record systems have enabled unprecedented,
widespread corruption in the US courts. The paper also calls for action by computing
experts in general and data mining experts in particular for the safeguard of
Human Rights and integrity of governments in the Digital Era.
The
outcome of such conditions, is that the public is unable to distinguish between
valid and void court records. With it, the electronic record systems of the US
courts enable the courts to conduct of simulated litigation, otherwise known as
"Fraud on the Court".
Regarding Securities and Exchange
Commission v Bank of America Corporation (1:09-cv-06829), the paper
documents:
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