12-05-21 Criminal fraud complaint filed against Attorneys YORAM HACOHEN and AMIT ASHKENAZI, of the Ministry of Justice

of the State of Israel

Executive Summary Jerusalem, May 21 criminal complaint (No. to assigned) has been filed today with the Israel Police by Joseph Zernik, PhD, of Human Rights Alert (NGO) against Attorneys YORAM HACOHEN and AMIT ASHKENAZI of the Ministry of Justice of the State of Israel. [1] The Complaint alleges Fraud and Honest Services Fraud [ ] , by Attorneys YORAM HACOHEN and AMIT ASHKENAZI, jointly and/or separately, through the usurpation of the office Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001). The Registrar of Certifying Authorities is akin to a present day, digital Keeper of the Seal of the State of Israel. The conduct, subject of the complaint includes: a) Falsification of Registrar of Certifying Authorities records, with no lawful authority, including, but not limited to guidelines, standards, contracts, enforcement decisions; b) Testimony before the Knesset Committee under false pretenses relative to the lawful appointment of such Registrar of Certifying Authorities. A separate criminal complaint (No. to assigned) has been filed today with the Israel Police by Dr Zernik against retired judges BOAZ OKON and MOSHE GAL, relative to their conduct as former Directors of Administration of Courts. [2] The complaint specifically accuses the two retired judges of the Fraud and Honest Services Fraud through the online publication of a false and deliberately misleading Apostille certification procedure, with no legal authority. The fraud, related to the Apostille certification procedure is claimed to be perpetrated on the People of all nations, who are parties to the Hague Apostille Convention (1961). Criminal complaint against Ms SARAH LIFSCHITZ (No 158921/2012), was filed with he Israel Police on April 16, 2012. [3] The complaint alleged Fraud and Honest Services Fraud in false and deliberately misleading certification of Supreme Court decisions, as Chief Clerk of the Supreme Court, Combined, the three complaints document a pattern of coordinated assault on the integrity of the electronic records of the State of Israel by members of the judiciary and the legal profession. The impact of such conditions on the fundamentals of the rule of law and socio-economic stability are far-reaching, but cannot be readily assessed. Complainant Joseph Zernik, PhD, has specialized in recent years in analysis of integrity, or lack thereof, in large government and banking data processing systems. [4] The complaint originates in a study he has conducted over the past two years of the electronic records of the courts and the justice system of the State of Israel. [5] Copies of the complaint have been forwarded to the State Comptroller, Attorney General, the Minister of Justice and Members of Knesset. LINKS: [1] 12-05-20 Criminal fraud complaint (No. to assigned) filed against Attorneys YORAM HACOHEN and AMIT ASHKENAZI of the Ministry of Justice of the State of Israel http://www.scribd.com/doc/94059142 [2] 12-05-20 Criminal fraud complaint (No. to assigned) filed with the Israel Police by Dr Zernik against retired judges BOAZ OKON and MOSHE GAL of the Administration of Courts http://www.scribd.com/doc/94059473/ [3] 12-04-16 Criminal fraud complaint (No. 158921/2012) filed with Israel Police, against SARAH LIFSCHITZ of the Supreme Court of the State of Israel http://www.scribd.com/doc/89517688/ [4] 12-03-20 Biographical Sketch Joseph Zernik, PhD http://www.scribd.com/doc/86180312/ [5] 12-05-10 Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, in the electronic record systems of the courts of the State of Israel s http://www.scribd.com/doc/92826212/ 12-05-10 Human Right Alert's 2012 State of Israel UPR Appendix to Submission: Integrity, or lack thereof, in the electronic records of the courts http://www.scribd.com/doc/82927700/

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COMPLAINT 1. Complainant Joseph Zernik [] Residence: 44 Jaffa Road, Jerusalem Mailing Address: PO Box 31440, Jerusalem, 91313 Email: (preferred) jz12345@earthlink.net Over the past decade, Complainant specialized in analysis of integrity, or lack thereof, in large government and banking electronic records systems. [i] 2. Complainant is not an attorney, neither is he represented by counsel in this matter; Complainant has specialized in analysis of integrity, or lack thereof, of government and banking electronic record systems. Given that Complainant is not an attorney, special lenience is requested in review of the complaint. No sections of the code were specifically referenced. Where errors were made in reference to the legal definition of the alleged crimes, Complainant requests that such references be disregarded. Instead - the facts alone should be reviewed, and the correct sections of the code be applied by the investigators. 3. Accused Yoram HaCohen [] Residence: Unknown Work: Ministry of Justice, Jerusalem Amit Ashkenazi [] Residence: Unknown Work: Ministry of Justice, Jerusalem 4. Allegations Complainant alleges that Attorneys YORAM HACOHEN and AMIT ASHKENAZI, jointly and/or separately usurped the office Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001), through: Falsification of Registrar of Certifying Authorities records with no lawful authority, including, but not limited to, guidelines, standards, contracts, enforcement decisions; Testimony before the Knesset Committee under false pretenses relative to the lawful appointment of such Registrar of Certifying Authorities. a) Significance The Registrar of Certifying Authorities holds a critical position in the integrity of government, akin to the Keeper of the Seal in the digital era. As detailed in the enclosed Protocol No 19 of the November 23, 2009 Hearing of the Knesset Science and Technology Committee: [ii] Effectively, only one Certifying Authority has been established in Israel: ComSign, Inc. Per ComSigns CEO, the companys three central clients are the Israeli Securities and Exchange Authority, the Ministry of the Treasury, and the Ministry of Defense. The Publishing House of the Israeli Bar Association is a subcontractor for ComSign, and the Association issues certified digital signatures to Israeli attorneys for electronic filing in the Israeli courts, under the oversight of the Registrar of Certifying Authorities.

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Therefore, integrity of the office of Registrar of Certifying Authorities is critical for integrity of the justice system, Israeli government financial operations, and corporate and stock market regulation. b) Appointment of a Registrar of Certifying Authorities, as stated in a recent Freedom of Information response by the Ministry of Justice remains dubious at best. The Electronic Signature Act (2001) prescribes that a Registrar of Certifying Authorities be appointed, ranking as a District Judge. In the recent Freedom of Information response, the Ministry of Justice named Attorneys YORAM HACOHEN and AMIT ASHKENAZI as co-equal Registrars of Certifying Authorities, first appointed on August 28, and September 19, 2011, respectively: The March 3, 2012 Freedom of Information request (T/6) on the Ministry of Justice, requested the appointment records of Registrar(s) of Certifying Authorities since the effective date of the Electronic Signature Act (2001). [iii] The April 29, 2012 Freedom of Information response (T/6) by the Ministry of Justice, in re: Appointment records of Registrar(s) of Certifying Authorities since the effective date of the Electronic Signature Act (2001), denied the request, claiming that it was published in Reshumot (the official Register of the State of Israel), but failing to provide the full legal reference. [iv] The May 16, 2012 reply on Freedom of Information response (T/6) by the Ministry of Justice, in re: Appointment records of Registrar(s) of Certifying Authorities, asked for the complete legal reference in Reshumot for the purported appointments, and pointed out conflicting records in Reshumot. [v] The Freedom of Information response was incomplete, since it failed to provide either specific legal reference for the appointment records, or the requested appointment records themselves. Furthermore, the integrity of the information in the response remained dubious at best, since it was unclear that the law permitted the simultaneous appointment of two Registrars of Certifying Authorities. Most significantly, Freedom of Information response was also inconsistent with other records of the Government Decisions, Ministry of Justice legal public records, and protocols of Knesset hearings, linked below. 5. Review of inconsistent or contradictory government records, pertaining to appointment or conduct of persons under the capacity of Registrar of Certifying Authorities. a) Annual Reports from the web site of the Justice, Technology, and Information Authority [vi] The Electronic Signature Act (2001) prescribes that the Registrar of Certifying Authorities file an Annual Report. However, the Justice, Technology, Information Authoritys web site lists only three reports (2007, 2008, and 2009) of the Registrar of Certifying Authorities, since the effective date of the Act in 2001.
# 1. 2. Record 12-05-20 Home page of Annual Reports, Justice, Technology, Information Authority 08-02-05 (February 5, 2008) Annual Report of the Registrar of Databases for 2006-7 Dated (p 1) March 29, 2007; Signature box (p 6) by Attorney Yoram HaCohen, Registrar of Databases. The Report states in the signature box: (p 6) The original is signed by certified electronic signature; The Report states on p 1, 3: In early November 2006, the Government approved the appointment of the undersigned as Registrar [Rasham Magistrate Judge, jz] (Decision #629 of the 31st Government). 06-11-05 Government No 31, Decision No 629 Approval of the Appointment of Director of the Legal P# 05 06

3.

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Authority for Technology and Information and Protection of Privacy, and Appointment of Registrar for Databases The online rendering is unsigned, published on an insecure server, and bears a disclaimer, The binding version of Government Decisions is the one maintained with the Government Secretary. The online rendering cannot be deemed a public legal document. Attorney Yoram HaCohen was appointed Registrar of Databases, pursuant to the Protection of Privacy Act (1981) No mention is made in Decision No 629 of the Registrar of Certifying Authorities or the Electronic Signature Act (2001). 4. 5.

08-05-01 (May 1, 2008) Annual Report of the Registrar of Databases for 2007
Dated (p 1) March 29, 2008; Signature box (p 21) by Attorney Yoram HaCohen, Registrar of Databases; No visible graphic, electronic signature, or reference to either in the signature box (p 21); The Report states on p 1, 1: I respectfully submit the Annual Report, pursuant to the Privacy Protection Act (1981), Article 10a, to the Council for Protection of Privacy; No mention of the Electronic Signature Act (2001).

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08-05-05 (May 5, 2008) Annual Report of the Registrar of Certifying Authorities for 2007 to the Minister of Justice and Knesset Science and Technology Committee
Dated (p 1) May 5, 2008; Signature box (p 1) by Attorney Amit Ashkenazi, Registrar of Certifying Authorities; No visible graphic, electronic signature, or reference to either in the signature box (p 1). The Report states on p1, 1: The undersigned was appointed on January 10, 2007, Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001). The legal reference for the January 10, 2007 appointment is missing from the statement, and no such Government Decision was found in the online database of Government Decisions. The Report states on p1, 1: Pursuant to the Government Decision 4660 (hc/195) of January 19, 2006, pertaining to the establishment of the Justice, Technology, Information Authority, the Registrar of Certifying Authorities was incorporated into the Authority.

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06-01-19 Government Decision No 4660 Re: Establishment of the Legal Authority for Information and Privacy Protection Technologies
The Decision states that the activity of the Registrar of Certifying Authorities is incorporated under the new Authority. The Decision does not appoint a Registrar of Certifying Authorities.

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09-07-21 (July 21, 2009) Annual Report of the Justice, Technology, Information Authority for 2008
Dated (p 1) July 20, 2009; Signature box (p 2) by Attorney Yoram HaCohen, Director of the Justice, Technology, Information Authority ; No visible graphic, electronic signature, or reference to either in the signature box (p 2). The Report states on p1, 1: The Justice, Technology, Information Authority (the Authority) was established, pursuant to Government Decision 4660 of January 29, 2006 The Decision instructed the incorporation of three positions into the Authority: 2. Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001); The Report states on p1, 2: The capacity of Registrar of Certifying Authorities is performed by Attorney Amit Ashkenazi No mention is made of the date or the legal reference of the purported appointment. The Section: Annual Report of the Registrar of Certifying Authorities (p 14-24) includes neither a separate signature box, nor explicit mention of its author. The Introduction to the Annual Report of the Registrar of Certifying Authorities (p 15), states: The Electronic Signature Act (2001) (hereinafter in this Chapter the Act). Later, the same section states: Pursuant to the Act, a Registrar or Certifying Authorities was appointed. However, the Registrar of Certifying Authorities is not defined as the Registrar, while all later reference is to Registrar as such, which may also mean a Magistrate Judge. Later, the same section states: The Current Registrar, Attorney

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Amit Ashkenazi, was appointed on January 10, 2007, with no reference to the formal name of the position, no reference to the authorizing law, and no reference to the name of the January 10, 2007 record. 8.

The Transcript is qualified (header, p 1) unedited version. The Transcript (p 1) dates the hearing at November 23, 2009 The Transcript names as the official reporter an employee of a private agency. The Transcript is unsigned. The Agenda (p 1) is: 2008 Annual Report of the Justice, Technology, Information Authority, Chapter: Electronic Signature. No direct reference to Annual Report of the Registrar of Certifying Authorities. In attendance: Attorney Yoram HaCohen, [bold added jz] Director, Justice, Technology, Information Authority, Ministry of Justice; Attorney Amit Ashkenazi, [bold added jz] Legal Counsel and Registrar of Certifying Authorities, Ministry of Justice; various senior and corporate officers. The Transcript says (p 5): Yoram HaCohen: At this stage I would like to transfer the baton to Amit, for presenting our regulatory activity. Since no similar hearing was conducted last year, we will effectively cover the actions of two years. Given my Conflict of Interest Agreement, I do not engage in direct regulatory activity, and the person who in fact engaged in the conduct is Amit, and he can present it. [bold added jz] The Transcript says (p 5): Chairman Meir Shitrit: Are you skipping the issue of Databases? Amit Ashkenazi: Yes Chairman Meir Shitrit: Why? Amit Ashkenazi: Because the requirement for reporting to the Science [and Technology jz] Committee pertains to electronic signature. Ashkenazi is not listed in the protocol with any title, only by first and last name. Ashkenazi does not refer to the specific authority and prescription by which he is reporting to the Committee. The Transcript says (p 7): Amit Ashkenazi: The Act intends to certainty of legal transactions, which are executed electronically. The method, establishing the legal validity and evidentiary standing of the signature The Transcript says (p 22): Zeev Shetah: [ComSign CEO jz] We have three central clients. The first is the Securities and Exchange Authority. The second is the Ministry of the Treasury. The third is Ms Efrat Amram, Deputy of Zeira in the Ministry of Defense. [bold added - jz] 9. 11-03-28 (March 28, 2011) Annual Report of the Justice, Technology, Information Authority for 2009 Dated (p 1) March 17, 2011; Addressed to the: i. Knessets Constitution, Law, and Justice Committee, ii. Knessets Economics Committee, iii. Knessets Science and Technology Committee, iv. Minister of Justice Yaakov Neeman. Signature box (p 1) by Attorney Yoram HaCohen, Director of the Justice, Technology, Information Authority ; Visible graphic signature of Attorney Yoram HaCohen in the signature box (p 1). The cover letter (p 1) says: 4. As in the previous year, the Report covers the full range of matters, which the Authority engaged in 2009. The Report does not include any reference to an individual, who is appointed at that time Registrar of Certifying Authorities. The copy list does not include any individual named Registrar of Certifying Authorities. The Table of Contents (p 3) state: i. Report of the Registrar of Certifying Authorities Electronic Signature Act (2001) - page 32 The Report of the Registrar of Certifying Authorities (p 33 -38) shows neither the name, nor authority of the author. There is no signature box for the Report of the Registrar of Certifying Authorities (p 33 -38) The Report of the Registrar of Certifying Authorities says: (p 33) 1.3 The Registry of Certifying Authorities includes today only one certifying authority, ComSign Inc [bold added jz]. During 2009 several 119

09-12-09 (December 9, 2009) Protocol No 19 of the November 23, 2009 Hearing in the Knesset Science and Technology Committee, during which the Annual Report of the Registrar of Certifying Authorities for 2008 was presented

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10.

inspections were conducted, to ascertain the correction of deficiencies, which had been discovered in 2007 and 2008. The Report of the Registrar of Certifying Authorities says: (p 33) 2.2.2 Additionally, inspections were conducted in the publishing house of the Israeli Bar Association [bold added jz], which had been authorized by Registrar of Certifying Authorities to act as a Registrar for ComSign Inc [bold added jz]. The inspections revealed gaps between the approved procedures and commitments and the situation in practice. The Report of the Registrar of Certifying Authorities says: (p 35) 2.3.1.1 In 2009, the Authority contracted Dr Benny Pinkas [today - Bar Ilan University, bold added jz], Haifa University, an Encryption Expert, for recommendations regarding algorithms and parameters for algorithms for electronic signatures. The recommendations were published by the Authority for public comment on August 3, 2009. Section starting page 206, unrelated to the Electronic Signature Act (2001), Prof Adi Shamirs [bold added jz] Proposal in re: Data Protection in the Biometric Database. 12-05-20 ComSign, Inc corporate information from the corporate web site

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b) Data from April 29, 2012 Freedom of Information response by the Ministry of Justice [vii]
Date < Aug 28, 2011 Aug 28, 2011 Sept 19, 2011 Today Registrar of Certifying Authorities None Atty Yoram HaCohen appointed the Registrar of Certifying Authorities Atty Amit Ashkenazi appointed the Registrar of Certifying Authorities without subtracting [of-jz] the authority of Atty Yoram HaCohen Same as of Sept 19, 2011???

c) Data from the Guidelines of the Registrar of Certifying Authorities [viii]

Date Jan 1, 2003 Jan 1, 2003 Jan 1, 2004 Jan 1, 2004 Feb 18, 2004 July 1, 2004 July 1, 2004 July 1, 2004 July 1, 2004 July 1, 2004 Dec 13, 2009 Mar 11, 2010 July 1, 2010 July 23, 2010 Oct 12, 2010 Registrar of Certifying Authorities Unnamed Atty Dror Aram, Registrar of Certifying Authorities Unnamed, Registrar of Certifying Authorities Unnamed, Registrar of Certifying Authorities Atty Dror Aram, Registrar of Certifying Authorities Unnamed, Registrar of Certifying Authorities Unnamed, Registrar of Certifying Authorities Unnamed, Registrar of Certifying Authorities Unnamed, Registrar of Certifying Authorities Unnamed, Registrar of Certifying Authorities Decision re: ComSign, by Atty Amit Ashkenazi, Registrar of Certifying Authorities (?) Unnamed, Registrar of Certifying Authorities Unnamed, Registration and Supervision Department of the Law, Information, Technology Authority Unnamed, Registration and Supervision Department of the Law, Information, Technology Authority Unnamed, Registration and Supervision Department of the Law, Information, Technology Authority

d) Data from the other records from Reshumot query [ix]

Date Jan 10, 2007 May 5, 2008 Registrar of Certifying Authorities Atty Amit Ashkenazi appointed the Registrar of Certifying Authorities Atty Amit Ashkenazi, Registrar of Certifying Authorities Source 2007 Annual Report of the Registrar of Certifying Authorities 2007 Annual Report of the Registrar of Certifying Authorities

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July 20, 2009 Dec 13, 2009 > Dec 13, 2009 July 26, 2011

Due to re-organization of the Justice, Technology, Information Authority, it appears that an independent position of Registrar for Certifying Authorities no longer exists. Atty Amit Ashkenazi, Registrar of Certifying Authorities Atty Amit Ashkenazi no longer Registrar of Certifying Authorities, was replaced by Atty Yoram HaCohen Atty Yoram HaCohen states that Amit Ashkenazi is Registrar of Certifying Authorities. However, the Annual Report of Registrar of Certifying Authorities is signed by neither Yoram HaCohen nor Amit Ashkenazi as Registrar of Certifying Authorities. Atty Yoram HaCohen introduces Atty Amit Ashkenazi to the Committee as Registrar of Certifying Authorities. No date of appointment is mentioned.

2008 Annual Report of the Justice, Information, Technology Authority Press Release in RE: ComSign Press Release in RE: ComSign 2010 Annual Report of the Justice, Information, Technology Authority Protocol 101 of the Knesset Science and Technology Committee

Aug 1, 2011

6. Request for due process in acceptance, acknowledgement, review, and informing Complainant of the outcome of instant complaint. Complainant requests that the Israel Police acknowledge receipt of instant complaint, enter valid registration of the complaint, subject the complaint to honest and expedient review, and duly inform Complainant of the outcome of such review. 7. Additional evidence and records are provided in records linked below For the sake of brevity, only the critical evidence was summarized above. Additional evidence and records are provided in the attached exhibits, in records linked below, and in particular in the Human Rights Alert (NGO) Submission and Appendix for the 2012 Universal Periodic Review of Human Rights in Israel by the Human Rights Council of the United Nations. [x] Please consider such records, as integral part of instant complaint. If any additional records, pertinent to instant complaint are received by Complainant, he would promptly forward copies to the Israel Police. Please do not hesitate to contact Dr Zernik for additional information in this matter. Respectfully, Dated: May 21, 2012 Joseph Zernik, PhD

By: ______________ JOSEPH H ZERNIK Residence: 44 Jaffa Road, Jerusalem Mailing Address: PO Box 31440 Jerusalem 91313 Email: jz12345@earthlink.net

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LINKS:
12-03-20 Biographical Sketch Joseph Zernik, PhD s http://www.scribd.com/doc/86180312/ ii 12-05-20 Annual Reports of the Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001) and/or Justice, Technology, Information Authority, from the official web site of the Authority, and related Government Decisions. http://www.scribd.com/doc/94188023/ iii 12-04-02 Freedom of Information request on the Ministry of Justice, in re: Registration of Certifying Authorities and certified electronic signatures in the Supreme Court of Israel, if any, pursuant to the Electronic Signature Act (2001) s http://www.scribd.com/doc/87760449/ iv 12-04-29 Freedom of Information response (T/17) by the Ministry of Justice, in re: Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001) http://www.scribd.com/doc/93744878/ v 12-05-16 Reply on Freedom of Information response (T/6) by the Ministry of Justice, in re: Apostille certification arrangement http://www.scribd.com/doc/93744575/ vi 12-05-20 Annual Reports of the Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001) and/or Justice, Technology, Information Authority, from the official web site of the Authority, and related Government Decisions. http://www.scribd.com/doc/94188023/ vii 12-04-29 Freedom of Information response (T/17) by the Ministry of Justice, in re: Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001) http://www.scribd.com/doc/93744878/ viii 12-05-16 RESHUMOT: Guidelines of the Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001) s http://www.scribd.com/doc/93777110/ ix 01-00-00 Electronic Signature Act (2001), Regulations, Annual Reports, Registrar of Certifying Authorities s http://www.scribd.com/doc/87679609/ x 12-05-10 Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, in the electronic record systems of the courts of the State of Israel s http://www.scribd.com/doc/92826212/ 12-05-10 Human Right Alert's 2012 State of Israel UPR Appendix to Submission: Integrity, or lack thereof, in the electronic records of the courts http://www.scribd.com/doc/82927700/
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