Dr Z

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750;
Digitally signed by Joseph H Zernik
Fax: 801 998-0917; Email: jz12345@earthlink.net DN: cn=Joseph H Zernik, o, ou,
email=jz12345@earthlink.net, c=US
Location: La Verne, California
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs Date: 2010.02.02 07:24:10 -08'00'

10-02-02 Case # 00971981 - Appeal in complaint to the US Office of Comptroller of the

Currency against Bank of America Corporation

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Date: Tue, 02 Feb 2010 04:45:03 -0800
To: Office of the Comptroller of the Currency
Subject: Appeal in complaint to the US Office of Comptroller of the
Currency against Bank of America Corporation, case # 00971981
Cc: "Basel Committee on International Banking Accords"
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RE: Case # 00971981 Appeal in complaint against Bank of America Corporation

Response within 10 days is kindly requested.

To US Office of the Comptroller of the Currency, by email and by USPS First Class Mail.

Dear Sir/Madam:

I am writing to appeal the decision of US Office of the Comptroller of the Currency to close the
complaint referenced above.

It was unreasonable that such complaint was closed, when Bank of America Corporation provided a
response that was no response at all.

1) The bank was not requested to provide any records of the loan to the straw buyer - Nivie Samaan,
as it falsely claimed in its January 8, 2010 letter. Such records were largely produced and were linked
in the complaint as evidence of the fraud. Such records were also opined as fraud by fraud experts.

2) The core of the complaint was regarding the malicious conduct of Countrywide and Bank of America
in courts from 2007 and to this date, through fraudulent employment of counsel, which was not Counsel
of Record, appearances in court for the past 2.5 years by such counsel, under the false "Non Party"
designation, and conduct by such counsel of monetary transaction that were alleged as money
laundering.

In its January 8, 2010 response to OCC, the bank never provided a statement by its office of General
Counsel that the law-firm of Bryan Cave, LLP was authorized as Counsel of Record for Bank of
America Corporation, and Countrywide before it, in case captioned Samaan v Zernik (SC087400) at
the Superior Court of California, County of Los Angeles, and the date of such authorizations, if any.
The statement provided in the January 8, 2010 letter of Bank of America Corporation, was insufficient,
since it was not by a person in the Office of the General Counsel. Furthermore, it was an incomplete
statement on the matter. It failed to state any case caption. It likewise failed to state the date of such
authorization, if any, under the caption of interest.

Page 2/2 February 2, 2010

The underlying issue is of particular concern, since it reflected alleged lack of integrity of Bank of
America's current leadership:

Between July 1, 2008 (the date of takeover of Countrywide by Bank of America) and December 10,
2008 (the date of Timothy Mayopoulos ouster as General Counsel), I contacted Bank of America office
of the General Counsel a number of times. I was repeatedly informed by senior staff in that office that
Bryan Cave, LLP was NOT authorized to appear for Bank of America. At least there was an effort on
the part of the General Counsel office under Timothy Mayopoulos to stop such fraudulent appearances
by Bryan Cave, LLP.

On December 10, 2008 Timothy Mayopoulos was ousted under circumstances that were the subject of
hearings by US Congress, and Brian Moynihan was appointed as his replacement. After December
10, 2008, Bank of America office of the General Counsel and likewise - its Audit Committee - refused to
respond on the same question - authorization of Bryan Cave, LLP to appear in caption of Samaan v
Zernik (SC087400), while Bryan Cave, LLP, continued its false and malicious appearances.

It is only reasonable that as a response to the complaint in case # 00971981, OCC would ask Bank of
America, Office of the General Counsel, to provide a clear statements on the record:

1) Was Bryan Cave, LLP authorized as Counsel of Record for Bank of America Corporation, and
before that - for Countrywide Financial Corporation - in caption of Samaan v Zernik (SC087400) at the
Superior Court of California, County of Los Angeles?

2) If so, what were the dates of such authorizations by Countrywide Financial Corporation and by Bank
of America Corporation?

3) Did office of General Counsel, Bank of America Corporation, authorize of appearances of Bryan
Cave, LLP, under party designation of "NON PARTY" in such caption?

4) Were funds, which were collected by Bryan Cave, LLP, from Attorney David Pasternak in such
caption, and were alleged as money laundering, collected on behalf of Bank of America Corporation?

Respectfully,
Dated: February 02, 2010
La Verne, County of Los Angeles, California Joseph H Zernik, PhD

By: ______________
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Email <jz12345@earthlink.net>
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
CC:
1) Basel Accords Committee
2) US Congress

http://www.scribd.com/doc/26250414/10-01-27-OCC-response-in-re-Compalint-RE-Bank-of-America-
and-Countrywide-s