The practice of Simulated Litigation should also be considered racketeering under the US Racketeer Influenced and Corrupt Organizations Act ( USC -1961) - a conspiracy to conduct an enterprise through a pattern of racketeering activity.
The notion of judges and courts acting as a racketeering enterprises is not new at all. In the most recent example, former Pennsylvania Judge Ciavarella was prosecuted and convicted on racketeering charges in the wake of the "Kids for Cash" corruption scandal. [xi] Whereas the conviction of former judge Ciavarella was related to the prison industry, the case of NML Capital v Republic of Argentina and other cases in the US District Court, Southern District of New York, are related to the banking industry.
Furthermore, the conduct of the US courts and US justice system, seen in NML Capital v The Republic of Argentina, reaches beyond the territorial US. It is not the only case of this nature. Other notable examples include:
Decriminalization of torture and the unlawful deprivation of Liberty in the Guantanamo Bay detention center and in a network of "black hole" prisons world-wide; [xii]
Decriminalization of the involvement of US agencies in trans-national drug and firearms trafficking, [xiii, xiv] and decriminalization of the involvement of US banks in trans-national money laundering for drug cartels. [xv, xvi, xvii]
Therefore, conduct of the US courts should also be reviewed under the terms of the United Nations Convention against Transnational Organized Crime (2000). [xviii]
Conditions, where a nation's justice system engages in such conspiracy is also referred to in criminology as "State Organized Crime", or "State-corporate Organized Crime".
NML Capital, Ltd. v. The Republic of Argentina - missing summons, invalid Notice of Assignment, denial of access to authentication records, other key records missing. [xix]
Initial entries in the docket of NML Capital v The Republic of Argentina in the US District Court, Southern District of New York: [xx] a) Summons as issued by the clerk was not docketed with the Complaint (Dkt #1), neither was it docketed with the Affidavit of Service (Dkt #4). b) Civil Cover Sheet, required by the Judicial Conference of the United States for the opening of the civil docket, was not docketed with the Complaint (Dkt #1) [xxi]. c) Notice of Case Assignment (Dkt #5) is invalid - bear invalid signature of the Clerk of the Court. Combined, the initial records in the docket document the commencing of Simulated Litigation.
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Missing Summons
The service of a summons is required for the court to establish its jurisdiction over the party, who is being summoned. The Federal Rules of Civil Procedure, Rule 4, prescribes that summons must be signed by the clerk and bear the court's seal. The Federal Rules of Civil Procedure, Rule 79 prescribes that the clerk docket the summons as issued, as well as proof of service.
In blatant disregard of the US law, the US courts today often fail to issue summonses that are signed by the clerk and bear the court's seal, and also fail to docket the summons, so that such fatal defects, which undermine the validity of the entire litigation, are not transparent to the public.
In the case of the US District Court, Southern District of New York, the failure to docket the summons also stands in disregard of the Local Rules of Court and the Electronic Case Filing Rules and Instructions of the US District Court, Southern District of New York. [xxii]
United Nations reports on strengthening judicial integrity list missing court records as an indicator of judicial corruption. [xxiii]
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