Human Rights Alert: 10-06-19 Obstruction and Fraud Alleged by Bank of America (NYSE:BAC) and Brian Moynihan

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Digitally signed

by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2010.06.19
20:39:08 +03'00'
Scribd: http://www.scribd.com/Human_Rights_Alert

SATURDAY, JUNE 19, 2010

10-06-19 Obstruction and Fraud Alleged by Bank of America (NYSE:BAC) and Brian Moynihan

Brian Moynihan
Bank of America President/CEO
His direct involvement in conduct amounting to racketeering is alleged.

Washington DC, June 19 - Human Rights Alert, Los Angeles county based NGO, and Dr Joseph Zernik filed request with
the Hon Vaughn R Walker, Chief Judge, US District Court, Northern District of California, to initiate investigation and
corrective actions relative to conduct of Bank of America Corporation and its subsidiaries and affiliates in the case
of Wright v Bank of America et al (5-10-cv-01723), where perversion and obstruction of justice were alleged, following a
pattern of conduct in courts across the US, established by Countrywide Financial Corporation, and adopted by Brian
Moynihan starting with his appointment as General Counsel of Bank of America on December 10, 2008. In parallel,
notice was forwarded to Mr Moynihan, requesting that he comply with reporting duties pursuant to Sarbanes Oxley
Act (2002). The notice alleged that conduct of Bank of America, under Mr Moynihan's leadership, detailed in the notice
to Chief Judge Walker, combined with the Bank of America Outside Counsel Procedures, Certifications pursuant
to Sarbanes Oxley Act (2002), which Mr Moynihan signed in recent periodic reports, and Disclosure pursuant to Basel
II Pillar III, amounted to obstruction and perversion of justice, fraud on individuals, fraud on the shareholders at large,
fraud on US taxpayers, and fraud on the international banking community. The notices were also copied to John Dugan
- Comptroller of the Currency, Mary Schapiro - SEC Chair, and US Marshal Service. The former two agencies have so far
refused to investigate complaints against Bank of America and Mr Moynihan, alleging conduct amounting to
racketeering at the courts. Notice was also filed with chairs of congressional banking and judiciary committees.
Bank of America is the recipient of some $200 billions in taxpayers bailout funds in recent years.
 Page 2/6 June 19, 2010

In paper soon to be filed by Human Rights Alert (NGO) for international peer review, it was alleged that conditions in the
US courts undermined effectual banking regulation in the United States.
###

Contact:
Joseph Zernik, PhD
Human Rights Alert (NGO)

To: "Moynihan, Brian T (BofA)"


From: joseph zernik
Subject: Request to comply with reporting duties pursuant to Sarbanes Oxley Act (2002)
Cc: John Wright , rbuscho@unitedlawgroup.com, swprice@bryancave.com, litwinovich@bryancave.com, "Smith,
Darcy \(USMS\)" , "Shell, Thomas\(USMS\)" , Richard_Wieking@cand.uscourts.gov, "Dugan, John" , "Schapiro,
Mary L - SEC Chair"

June 19. 2010

Brian T Moynihan, President/CEO (BofA)


brian.t.moynihan@bankofamerica.com

RE: Request to comply with reporting duties pursuant to Sarbanes Oxley Act (2002)

Dear Mr Moynihan:

Please accept this notice as a request by a shareholder, to comply with your reporting duties pursuant to Sarbanes
Oxley Act (2002). Conduct of Bank of America, under your leadership, detailed in the notice below and in links to
it, combined with the Bank of America Outside Counsel Procedures, [1] Certifications, which you signed pursuant
to Sarbanes Oxley Act (2002) in recent periodic reports, [2][3] and Disclosure pursuant to Basel II Pillar
III,[4] are alleged as obstruction and perversion of justice, fraud on individuals, fraud on shareholders at large,
fraud on US taxpayers, and fraud on theWright v Bank of America et al (5-10-cv-01723) -international banking
community.

Truly,

Joseph Zernik, PhD


 Page 3/6 June 19, 2010

Human Rights Alert (HRA), NGO


http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert

CC:
1) John Dugan, Comptroller of the Currency
2) Mary L Schapiro, Chair, SEC
3) Basel Accord Committee
4) National Central Banks, Research Departments

LINKS:
[1] 08-12-11-Bank-of-America-Outside-Counsel-Procedures-s
http://www.scribd.com/doc/27932516/
[2] 10-05-07-BANK-OF-AMERICA-CORP-DE-Form-10-Q-Received-05-07-2010-07-49-51-s
http://www.scribd.com/doc/32256751/
[3] 10-02-26-BANK-OF-AMERICA-CORP-DE-Form-10-K-Received-02-26-2010-07-51-53-s
http://www.scribd.com/doc/32260743/
[4] 09-12-31-Bank-of-America-MBNA-Canada-Bank-II-Basel-Pillar-III-Disclosure-s
http://www.scribd.com/doc/32219320/

Date: Sat, 19 Jun 2010 19:03:42 +0300


To: Cora_Klein@cand.uscourts.gov, Felicia_Reloba@cand.uscourts.gov
From: joseph zernik
Subject: Wright v Bank of America et al (5-10-cv-01723) - Notice to Chief Judge Walker and a request for
initiation of corrective actions pursuant to Code of Conduct of US Judges
Cc: John Wright , rbuscho@unitedlawgroup.com, swprice@bryancave.com, litwinovich@bryancave.com,
"Moynihan, Brian T (BofA)" , "Smith, Darcy \(USMS\)" , "Shell, Thomas\(USMS\)" ,
Richard_Wieking@cand.uscourts.gov

June 19, 2010

The Hon Vaughn R. Walker, Chief Judge. US District Court, Northern District of California
C/O Court Staff: Ms Cora Klein, Ms Felicia Reloba
By email:
Cora_Klein@cand.uscourts.gov
Felicia_Reloba@cand.uscourts.gov

RE: Wright v Bank of America et al (5-10-cv-01723) - Notice to Chief Judge Walker and a
request for initiation of corrective actions pursuant to Code of Conduct of US Judges

Dear Chief Judge Walker:


 Page 4/6 June 19, 2010

Please accept this notice regarding Wright v Bank of America et al (5-10-cv-01723) at the US District Court,
Northern District of California, as request that you initiate investigation of the allegations, detailed below,
and initiate corrective actions, as you deem fit, regarding conduct of counsel and court personnel, pursuant
to Code of Conduct of US Judges.

Upon review of the records in the case, [1] it was noted that Counsel for Defendants in the case in question
failed to sign the Certificate of Interested Parties [2] as "Attorneys of Record", as required by Local Rules of
Court, Rule 3-16. [3] Instead, the Certificate was signed by: "Attorneys for Defendants".

In addition, there is no Notice of Appearance by Counsel for Defendant to be found, neither is there on
record a Corporate Disclosure. Moreover, nowhere in court records in the case is there any evidence of
communication between Defendants and their Counsel.

Such matters must not be taken lightly. As detailed in Memorandum Opinion [4] by the Hon Jeff Bohm,
US Bankruptcy Judge, and a year-long study by the US Trustee, cited in the Memorandum, Countrywide
Financial Corporation routinely engaged under Chief Legal Officer Sandor Samuels in conduct in courts
throughout the US, which was rebuked in the Memorandum, and which should have been deemed fraud on
the courts. Most notable among other schemes, were appearances of Counsel who were not Counsel of
Record, with "no communications with client clause".

As detailed in complaint recently filed with the US Securities and Exchange Commission and with the US
office of Comptroller of the Currency, [5] such conduct was brought to an end following the takeover of
Countrywide Financial Corporation by Bank of America Corporation, July 1, 2008, under the tenure of
Timothy Mayopoulos as General Counsel. However, such conduct was resumed within 24 hours after the
ouster of Mr Mayopoulos on December 10, 2008, and the appointment of Brian Moynihan as his
replacement as General Counsel.

It should be further noted, that various Certificates of Service by Court personnel, found in the case in
question, combined with review of theLocal Rules of Court, [6] General Order 45, [7] and the Users
Manual[8] of the US District Court, Northern District of California, would lead a reasonable person to
conclude that conditions prevailing at the Court regarding authentication of judicial records and
construction of dockets are vague and ambiguous.

Similar conditions, prevailing at the US District Court, Central District of California, were analyzed in detail
in a paper soon to be submitted for international peer review, titled: Data Mining of the Online Judicial
Records of the Networked US Federal Courts . [9]

The paper stated:

"... although entirely excluded from presentation in the current report, records obtained from multiple
cases in various US courts across the United States document the tight relationship between conditions at
 Page 5/6 June 19, 2010

the US courts, and the current financial crisis. There simply is no way to institute honest and effective
banking regulation absent honest enforcement at the US courts."

The paper concluded:

"Transition of the courts to digital administration entailed a sea change in procedures of the US courts.
The transition took place over a relatively short time, was independently executed by the US courts
through the Administrative Office of the Courts, under insufficient public accountability. The transition
resulted in precipitous deterioration in integrity of the courts, in human rights, and in enforcement by
regulatory agencies in the United States."

You are kindly requested to investigate the alleged perversion of justice in the case of Wright v Bank of
America et al (5-10-cv-01723), and to initiate of corrective actions, as you deem fit, pursuant to Code of
Conduct of US Judges.

This notice is copied to US Marshal Service, in hope that they assist you in these matters.

Truly,

Joseph Zernik, PhD


Human Rights Alert (HRA), NGO
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert

CC:
1) John Wright, Plaintiff

2) Stuart Winston Price, Bryan Cave LLP


swprice@bryancave.com
3) James Patrick Litwinovich, Bryan Cave LLP
litwinovich@bryancave.com
4) Robert Joseph Buscho, United Law Group
rbuscho@unitedlawgroup.com
5) Brian T Moynihan, President/CEO (BofA)
brian.t.moynihan@bankofamerica.com
6) Darcy Smith, US Marshal Service
,
7) Thomas Shell, US Marshal Service

8) Richard W. Wieking, Clerk of Court


Richard_Wieking@cand.uscourts.gov
 Page 6/6 June 19, 2010

LINKS
[1] Most records in Wright v Bank of America et al (5-10-cv-01723), together with Local Rules of Court,
pertinent General Orders, and CM/ECF Users Manual, as downloaded from PACER - the Court's public
access system - and the Court's website, can be viewed at archive:http://inproperinla.com/ , by search
(control-F) on the archive page for: "01723", or for "wright" (without the quotes).
[2] Certificate of Interested Parties
http://inproperinla.com/00-00-00-us-dist-ct-sj-wright-v-bac-03-bac-certificate-of-interested-parties.pdf
[3] Local Rules of Court
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-c-civil-local-rules.pdf
[4] Memorandum Opinion by the Hon Jeff Bohm, US Bankruptcy Judge
http://www.scribd.com/doc/25001966/
[5] 10-06-11-Dr-Zernik-s-Complaints-Filed-with-Office-of-Comptroller-of-the-Currency-and-SEC-against-
Countrywide-Bank-of-America-NYSE-BAC-and-Brian-Moynihan
http://www.scribd.com/doc/32907453/
[6] Civil Local Rules, US District Court, Northern District of California
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-c-civil-local-rules.pdf
[7] General Order 45, US District Court, Northern District of California
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-d-general-order-45.pdf
[8] Users Manual, US District Court, Northern District of California
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-f-ecf-california-northern-ecf_manual-s.pdf
[9] Data Mining of the Online Judicial Records of the Networked US Federal Courts
http://inproperinla.com/10-06-18-paper-2-courts-s.pdf

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