Docket forgery or backdating ?

The link below shows how the docket entry for 11/15/2013 suddenly appeared starting 11/25/2013 and was not there on dockets of dates like the 16, 19, 20 , 21, 22, 24 of November 2013. These links show print screen images of the docket entries for those dates saved which I saved to my computer and that is why there is a local address in the address bar of the browser.

Docket forgery or backdating?

(Tip: to see the image at its actual size continue to double click on it until it reaches the maximum size then double click on and adjust the position of the white rectangle inside the smaller picture on the left side)

[(Added 12/3/2013) I still cant understand how a court serious in conducting its business without a mess would allow docket entries without entry dates]

Deeper Corruption at the US 11th Circuit Court of Appeal

Look at this. On 11/18/2013 I suddenly received a phone call from the lawyer firm of one of the defendants (Action Stock Transfer Corporation) requesting that I agree on an extension for them to file their response brief with the Appellate Court. They did not appear to the court until two days from the due date for them to file their appeal as if they were asleep and their alarm clock just rang. They also were not asking for a day or two but the whole 30 days given to them to respond, again. I agreed which probably was a mistake. Nevertheless, my intention was to make my agreement contingent on the existence of good cause that is far from what the joke of their actions and what they submitted satisfies. In other words I was counting on the court to act reasonably and my agreement was intended not to stand against a court's decision for a good cause but look at what they did:

1-They appeared only two days before the due date.

2-They failed to comply with 11th Circuit Local Rule 26.1-2 (c) which required them to file within 14 days from the CIP certificate (FRAP 26.1) I filed on the 9/24/2013 a notice with the court indicating their agreement or changes to that certificate.

3-They failed to comply with the 11th Circuit Local Rule 31- 2 (c) which states that "If a party’s first request for an extension of time to file a brief or record excerpts requests an extension of more than seven calendar days, the motion must be filed at least seven calendar days in advance of the due date". Their due date was on the 20 of November and they filed their motion on the 18th.

4- They also failed to satisfy the particularity requirement stated in 11th Circuit Local Rule 31- 2 (a) which states that "A first request for an extension of more than seven calendar days must be made by written motion setting forth with particularity the facts demonstrating good cause".

Here is what they mentioned as "grounds" for their request (They used "ASTC" to stand for Action Stock Transfer Corporation):

"1. Appellee, ASTC’s answer to the Appellant’s Initial Brief is due on November 20, 2013.
2. Appellee is in need of additional time in which to finalize its answer to the Appellant’s Initial Brief.
3. The undersigned has in good faith consulted with Appellant regarding this matter. Appellant has agreed to an enlargement of time of thirty days (30) for ASTC to serve its Answer Brief up to and including December 20, 2013.
4. This is the first request for an extension and it is not being made for any improper purposes or for delay"

Do you see any "particularity" here as stated by Local Rule 31- 2 (a)? Do you even find it stating any cause worthy of noticing, not to mention the "good cause" mentioned in that same rule ?

Assuming there was a good cause, although clearly there isn't, where is that other good cause that prevented them from filing that request at least seven days before the due date as required by Local Rule 31- 2 (c)? They did not appear until the last two days before the due date and did not even bother themselves to file their required note of agreement or change with the CIP certificate I filed with the court much earlier.

In fact, that same Local Rule 31- 2 (c) which stated the requirement of seven days in advance for such request also went on to say about a motion that fails to satisfy that condition:

" Such a motion received by the clerk less than seven calendar days in advance of the due date for filing the brief or record excerpts will generally be denied by the court, unless the motion demonstrates that the good cause on which the motion is based did not exist earlier or was not and with due diligence could not have been known earlier or communicated to the court earlier"

Like I said above they failed to satisfy the initial good cause condition, let alone another good cause condition for not filing their motion based on that first good cause earlier.

Remember, this is not the same as when someone unexpectedly receives a complaint and request an extension of time to respond. This is an appeal process with the notice of appeal served on them much earlier so receiving my brief was expected and the issues are not new.

Notice also, that this is not a party representing itself. It is a lawyer and not just a lawyer from anywhere. It is a lawyer from a state belonging to the same Eleventh US Circuit of Appeal. Compare that to my position here as a layman representing himself who is not even from the same appeal circuit . Nevertheless, I only missed on recognizing the CIP form requirement which caused a late filing of only one day (actually only couple of hours) and filed the appendix for the brief one day late. That later thing happened during a time when my brief itself was not delivered properly to the court because of an intentional action by the US mail and I did not even know when ,or even if , it will be received. Yet despite all that confusion and uncertainty and the US mail conspiring with the defendant's side I was only late only one day and I am one person working by myself. So what happened with that lawyer firm couldn't he request his secretary to file this motion seven days before the due date if he was taking things with any level of seriousness?

As for my brief, it was filed on time despite that I did not recognize how for my case the requirement of receiving the record from the district court is considered satisfied with the docketing of the appeal notice and as a result of that I got only the 30 days remaining of the 40 days time period which I was under the impression that it hadn't started yet. I also had to deal with a set of issues of which the issue related to this brief related to Defendant Action is only one item.

Even in the first letter I received which set the time for filing my brief I was told that requests for extension of time will be "frowned upon" by the court, not to mention a request like this.

As you can see, this was far from being a good cause request and one cannot see why would it be satisfying to any judge acting in good faith. It is a request that was the result of extreme recklessness or playing games. It asks for no reason for a repetition of the entire period given for it to respond like a child asking for a "do over" in a game he is playing just because he likes to have another chance.

Despite all that, the request was granted.

By the way, I even sent my brief and appendix to the defendants through priority mail.

Request For Time Extension

Order Granting That Request

Like I mentioned earlier in the story of VKNG before this,this hedge fund guy sold and kept fake shares in the system with those helping him making the strangest and unusual SEC filings and the SEC did not care except to conspire and serve him in making sure if it was me or another hedge fund who suddenly interfered to buy the amount of shares I bought on 10/22/2009. So as you see, if you are one of the like of this guy you can, not only forge shares, but also clearly declare that in your filings with the same institution that was established for the purpose of protecting against such things and nobody cares. You can also follow that by agreement to purchase shares based on market prices while you yourself keep those market prices under pressure and nobody cares.You can then assign fake board members to help you acquire the corporation cheaply later and no body cares. You can even manipulate trading volume beyond what can be on a Bugs Bunny Cartoon and no body would care even if you bring that to their attention.

No body digs after the like of this guy, certainly not the SEC which is nothing more than a protection cover for his kind. After all,think about the audacity of what happened in that district court and things like the 10:30 at night US mail delivery to the Appellate court and you would get an idea about the above the law and freedom to do whatever he wants status to which this guy is accustomed and expects to find.

My record keeping system

Unless I worry about some moral wrong, I try to restrict myself with this record keeping system when I post. When I make a post I give myself  the freedom to change it how I want and as much as I want including deleting it completely as long as that happen within up to 24 hours after I post. After that period I can only add things clearly marked with the date of that addition. 

Late Entries

This unexplainable late entry for filings of this case by the clerk office of this court is more damaging to someone who have to file by mail not electronically like me and could benefit from early access to filings through PACER in order to compensate for the time it take mail to reach the court (assuming it is not taken to it at 10:30 in the night) than the other side who can file electronically.   

 After all this is it any wonder that we have been eaten alive in the market and the SEC is a phantasy that exists only in the minds of those who think this is still the thirties? Actually, the SEC does really exist but it is to help protect and benefit hedge funds like this.

Accessibility and Transparency

Look at the advantage and empowerment a basic level of transparency through the PACER system gave. God knows if there were equivalent accessibility and transparency on things like judges and jury selection what could have been revealed about the reality of the work process inside courts here.   

The wider view to the game

Like I said earlier I think the game is a three parties game that started with the hedge fund guy and the clerk office of that court then joined by the USPS mail. There is a form called "CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT" (CIP) that was required to be filed within 14 days after filing the appeal but I noticed that late. I sent it overnight but it still arrived the day after the deadline in the morning. Couple of days after it was received I checked on it in the PACER system and could not find it so I contacted the number for the "Case Handler" of my case. The one who responded to the phone kept me waiting for minutes as if she was arranging things with somebody else and wanted to play a game she wasn't sure how to proceed with it. Anyway, I started saying "hello..hello" and she apparently decided to come back and told me that everything is OK. However, I kept checking the PACER system and it was not listed for some time despite the current listing showing it filed on 9/24/2013. The link below shows that up to 10/6/2013 it was not listed there.That form is important enough to that court that the clerk is not allowed to submit the brief without it. That was their first attempt to mess things. But apparently that game was impeded by my frequent checking on the PACER system. That leads us to what seems to  be the second plan.

The second plan was to prevent me from seeing what is going on through the PACER system. The link below shows how searching for my case returned "no record found". Notice that even when the system becomes busy or data being being updated it may become inaccessible but I don't remember it returning any incorrect result. In addition, I was able to search for and find another record but I neglected to save a proof. Anyway I don't remember this plan continuing more than couple of days before it was also abandoned.

You can see here how the plan of making the USPS take my appellate brief to the court at 10:30 in the night represent an extension and completes the above picture.

 

The court receiving the CIP Form on 9/24/2013  

 
Court's docket showing the date of 9/24/2013 beside he CIP Form

 
But as you can see here, at least up to 10/6/2013 the CIP Form was not listed

 

Searching for my case returning "No record found"

[(Added 11/7/2013) The above is strengthened even more with how that the USPS probably did not need to take my brief to the court as late as 10:30 in the night to find the court closed and avoid delivering it and could have achieved the same result hours earlier (The intention seems to have been to keep the situation hanging as much as possible so I wont be able to correct it by re mailing the brief and that is why a relatively better excusable plan like, for example, losing the package was not implemented) . But it seems as if that stretch was motivated by an exaggerated attempt to avoid any part of the responsibility on the clerk office for not receiving the package.

 

That  in turn is strengthened by what could be seen as an attempt by the clerk office to counteract the blame and protect the USPS by listing the date when the 10:30 night note was listed beside the brief entry in the docket sheet. It was like a statement saying: Look that late attempted delivery did not affect things and things are still the same as if it was delivered in time on that date.

 

Clearly, the clerk office most probably was not in direct connection with the USPS regarding this matter and the hedge fund guy is the one at the center of the communication and regulating things.

 

Now the question is if the group will be expanded through biased assignments of judges to the case]   

 

Self Magnifying Evidences

How much more should the things I show be clearer to warrant actions here? From what happened in that "district court" to this mail story these are all clear corruption and conspiracies that happened in day light in front of everybody. In fact, like I said earlier , I never expected that things such as these would be given away this easy and had only arguments on the corruption of the SEC and financial system in my reservoir to support or augment potential credibility and related worthiness for my side. The easiness with which these clear corruption evidences were provided magnify these evidences even  more with respect to how corrupt the system here.        

Even if we assume there would be a prosecution there would also be ample opportunity to stop that at various stages during the process. It is all a joke to the like of this hedge fund guy.

This is corruption not capitalism

While others converted socialism to dictatorships capitalism was converted in this country to extreme corruption. While not the same, both involve controlling and abusing people although it is through less direct means in the later.     

Immune from prosecution.

What happened in this usps mail story shows to what level hedge funds like this are immune from prosecution and control things.   

This is how things are showing now

The court's docket is listing my brief while the USPS tracking is still showing that it is in transit.

The court docket is also showing the date 10/23/2013 beside it. Unlike the filing system for the district court which lists both filing date and entry date, here they list only one date which I take as the filing date (except that for the brief and its appendix the mailing date not the arrival date is the filing date). But here on that date only a note was left for them at 10:30 in the night so it means that they counted receiving the note same as receiving the package. Nevertheless, any attempt to correct the situation by the court will not in any way justify what happened or undo the very clearly unavoidable conclusion that there was a conspiracy here with USPS mail of that area. Why would the court care about protecting the USPS mail? Because apparently the clerk office of that court wanted to take the pressure of a partner in the game. It is a three partners game played by the hedge fund guy, the USPS mail and the clerk office of that court and they may try to shift the related responsibility or provide protection among themselves for the best possible arrangement. Although I was busy talking about only a part of that picture, that was my understanding for the situation and is not something I just reached and I intend to post what supports that.     

 

Court of Appeals docket on 11/1/2013

 

USPS tracking on 11/1/2013

  

"Land of the free"

I wonder how does land of the corrupt look like?

In case not enough

In addition ,in case the SEC and corruption in courts and every thing else is not enough for the poor hedge fund guys like this guy here, you now have an fbi director who wanted to correct the market by prosecuting Martha Stewart and he himself may have relationships and connections to the like of this hedge fund guy because he himself worked for a hedge fund. It is not like the previous one's obsession with trapping some idiots by selling them some Nerf weapons then claiming a victory in the fight over "terrorism" was doing anything to correct the extreme corruption here but at least one would have less reason to believe that he is intentionally tilted to the other side.

Imagine what is inside

Again like I said about the outrageous things that came from that district court, if this is what hedge funds like this can do outside in front of everybody imagine what is going on inside where no one outside can see and you have to depend on the oversight of the government over them, LOL.

A Theoretical Conversation

Imagine this theoretical conversation between me and another person before I mailed that brief of mine:

-I am mailing my papers to the court of appeals and I am afraid some game will be played and they won't receive it?

-Why would they not receive it?

-I don't know the hedge fund guy play some kind of a game to prevent my mail from reaching its target.

- Are you using private shippers like UPS or FedEx?

-No just the regular mail.

-So in your paranoid mind you think that someone will be able to conspire with the federal mail system that on which courts and every one had depended for over two hundreds years just against your mail to that court? And how would your delusion make you think that would happen? Losing your package? Delivering it very late? Who knows? Maybe the mail office there will even give your package the special treatment of working late very far from their normal hours in order to take your package late in the night to the court after it is closed so it miss receiving it, LOL.

And that was exactly what happened.