03-13-2023 - Letter To The Comptroller Office - Wells Fargo Fraud

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2216 Katzakian Way

Lodi, CA 95242
Phone: 209-687-1180
Fax: 209-729-5154
Email: jjw1980@live.com

March 13, 2023

Via Fax and US Priority Mail

Office of the Comptroller of the Currency


Customer Assistance Group
P.0. Box 53570
Houston, TX 77052

FRAUDULENT WELLS FARGO ACCOUNT GOLD BUSINESS SERVICE PACKAGE


6826908995 OPENED ON JUNE 2, 2014 AT THE EMPIRE RANCH BRANCH IN
FOLSOM, CA AND IRREPARABLE DAMAGES CAUSED TO ME BY WELLS FARGO
BANK’S UNFAIR BUSINESS PRACTICES, MISCONDUCT, AND CONDONING THE
CRIME FOR MORE THAN EIGHT YEARS

Subject: The Office of the Comptroller of the Currency Customer Assistance Group
Letter Dated December 16 2022 and December 27, 2022 Wells Fargo Bank Letter -
Case number 062022121600350901

To Whom it may Concern:

This is my response to the Office of the Comptroller of the Currency’s (OCC) Customer
Assistance Group (CAG) office letter of December 16, 2022. The letter advised me to contact the
CAG within 30 days of receipt of the financial institution's letter, if the institution failed to
address my issue(s) and/or concern(s) (Attachment #1). The CAG also advised me to include in
my reply the specific issue(s) that the financial institution failed to address or, if applicable, the
reason(s) why I disagree with the financial institution's assessment. The CAG further requested
that I include any additional documentation that supports my position. With this in mind, I am
submitting with this inquiry the copies of the Wells Fargo December 27 & 28 , 2022 letters

December 27, 2022 Wells Fargo Bank Letter - Case number 062022121600350901
(Attachment #2) and my March 13, 2023 response which includes 23 documents attached to the
response . By my response to Wells Fargo’s letters I am requesting from Wells Fargo a
compensation for damages caused to me by the fraudulent Gold Business Service Package
6826908995 account opened by Wells Fargo on June 2, 2014 for my former attorney as a
Attorney–Client Trust Account.
I did not contact the CAG within 30 days of receiving two meaningless responses, dated
December 27 & 28, 2022, as I could not figure out what the crux of the case was and why Wells
Fargo’s representative was running in me circles between the Mediation Program
Administrator’s office and Wells Fargo Enterprise Complaint Management Office. The
Wells Fargo Mediation Program Administrator initiated whole case by surprisingly-to-me
sending me on September 9, 2022 a letter with a mediation form to complete. (Attachment #3)
After I returned the form, I received an undated response that stated:

Wells Fargo is offering a mediation option for customers who expressed


concerns that may have been related to an account or service that they did not
authorize or did not want.
The information you submitted does not appear to deal with the issues meant to
be addressed in the Wells Fargo Mediation Program. As a result, we will not
be scheduling a mediation session as part of the Mediation Program. We have
further escalated your concerns, and you will hear from another Wells
Fargo representative soon.
Since then, the matter has been handled by the Wells Fargo Enterprise Complaints
Management Office.

In the letter from the Enterprise Complaints Management dated December 27 & 28,
instead of properly addressing the fraudulent account opened under false pretenses as an
Attorney–Client Trust Account on June 2, 2014, I was advised again to contact the Mediation
Program Administrator’s office.

My now-former attorney was disbarred in January 2020 by the State Bar of California
(See In re Stein, No. S245982 (Cal. Mar. 1, 2018),
https://apps.calbar.ca.gov/attorney/Licensee/Detail/131248) for gross professional misconduct.

December 27, 2022 Wells Fargo Bank Letter - Case number 062022121600350901
I understand that the OCC is an administrative agency and does not have jurisdiction to
resolve contractual and factual issues or judicial authority to award damages in excess of an
institution's error; however, it would be greatly appreciated if the OCC would contact Wells
Fargo’s administration and determine which Wells Fargo office is responsible for investigating
such complaints and is capable of providing me with a resolution response, instead of bouncing
my complaints around between offices like a ping pong ball without any resolution.

Wells Fargo has not honestly admitted its mistake, negligence, or other reasons for
condoning this fraud for more than eight years. As I pointed out in my March 10, 2023 response
to the Wells Fargo Enterprise Complaints Management Office’s December 27 & 28, 2022 letter,
if the bank had informed me in November 2014 that the fraudulent account had a negative
balance and then compensated me for the loss, I would not be writing this complaint and letter.
Wells Fargo, by condoning the fraud and deliberate and premeditated failure to provide me
information in November 2014 about Stein’s crime, led to enormous financial damages to
myself and irreparable damages to my nine-years-long litigation that is currently pending in the
Sacramento Superior Court Wrongful Termination Case Jaroslaw Waszczuk v. The Regents of
the University of California Case No. 34-2013- 00155479 and Writ of Mandamus, Case No. 34-
2013-80001699, Jaroslaw Waszczuk v. California Unemployment Insurance Appeal Board
(CUIAB) and Real Party of Interest (RPii)—The Reagents of the University of California (UC
Regents)

Furthermore, I did not contact the CAG within 30 days of receipt of the Wells Fargo letters
because my financial resources are very limited. I am a 72-year-old man. I have been living below the
poverty line on an $1800.00 per month Social Security pension since 2012, due to my wrongful
termination from the University of California. Since December 16, 2014, I have been representing
myself in the two above-captioned court cases. English is my second language, and it is very time
consuming and costly for me to write inquires, motions, and briefs. I send every inquiry and court
document I submit to a professional proofreader for editing and language correction before it is sent

December 27, 2022 Wells Fargo Bank Letter - Case number 062022121600350901
out. Since 2014, I have been self-representing against the powerful University of California and its 16
attorneys from two powerful law corporations.

Currently, I am dealing with a court appeal in the wrongful termination case Jaroslaw
Waszczuk v. The Regents of the University of California Case No. 34-2013- 00155479, which is
pending in the California Court of Appeal, Third Appellate District (3DCA) as Waszczuk v. The
Regents of the University of California, case no. C095488. If Wells Fargo, in November 2014,
had informed me that the fraudulently opened account was empty and had a negative balance,
my 3DCA case Waszczuk v. The Regents of the University of California would never have
happened. Further, in 2014, I did not know that the University of California had terminated my
employment in 2011 and attempted to lock me up in a psychiatric hospital or deport me to my
native country of Poland because somebody advised University Office of the President
executives that I could blow whistle on them because they were selling illegally power
violations of the Internal Revenue Code of 1954 Section 501(C)(3) from the 27 MW
cogeneration plant located in in the University of California , UC Davis Medical Center
in Sacramento where I was employed since June 1999. I discovered in June 2015 why I
was witch hunted and my employment was terminated through the Federal Energy
Regulatory Commission library.
CAG may read the full story if desire about in my September 3, 2022 cover letter
(Attachment #4) to my Application for Original Information (IRS Form 2011) for a detailed
explanation (over 300 pages of addenda and exhibits) to support this application for award. This
cover letter is a very short version of the attached addendum to this application. The addendum
to the IRS Form 2011 is uploaded to the flash drive. The CAG office may also view this at the
following link: https://www.scribd.com/document/600581546/09-03-2022-IRS-WBO-ICE-
FORM-211-APPLICATION-FOR-AWARD-Polish-Refugee-v-University-of-California-White-
Collar-Crime, or directly from the United States Court of Appeals for the District of Columbia

December 27, 2022 Wells Fargo Bank Letter - Case number 062022121600350901
Circuit as Jaroslaw Janusz Waszczuk v. Commissioner of the Internal Revenue Service, Case
No. USCA No. 20-1407 under last filing in this case dated February 2, 2022
I submitted Form 2011 to the U.S. Department of the Treasury’s Internal Revenue Service
Whistleblower Office ICE Team in Ogden, Utah on September 3, 2022. A few days later, I
unexpectedly received a letter dated September 9, 2022 from the Wells Fargo Mediation
Program Administrator

By pursuing several cases per se in state and federal court and with administrative
agencies, I do not hold much of a belief that the September 3, 2022 filing of IRS Form 211 and
the September 9 arrival of the Wells Fargo Mediation Program Administrator’s Mediation Form
were a coincidence. In and prior to 2014, my former employer, the University of California at
Davis, had a good financial relationship with Wells Fargo Bank, but in 2016 UC Davis severed a
multimillion-dollar contract with the bank (see https://theaggie.org/2017/02/23/university-of-
california-davis-city-council-sever-wells-fargo-contracts/). It is highly likely that UC Davis was
using Wells Fargo accounts to launder dirty money from its tax evasion and fraud due to the
illegal power sale , and supported money laundering by then-UC President Janet Napolitano in
the amount of $175 million via various UC accounts in 2015–2016. This was discovered by
California State Audit 2016-130, which was requested by California Assemblymembers Phil
Ting and Kevin McCarty and concluded by a State Auditor’s Report on April 25, 2017 (see
https://www.auditor.ca.gov/pdfs/reports/2016-130.pdf). I addressed the Janet Napolitano’s shady
activities and business during her tenure as UC President in my September 3, 2022 IRS Form
211 addendum .

In conclusion of this inquiry, I would appreciate it very much if the CAG would help to
resolve the issue of the fraudulent Wells Fargo Gold Business Service Package, account
6826908995, which was opened under false pretenses as an Attorney–Client Trust Account on
June 2, 2014, which has caused so much harm to me.

December 27, 2022 Wells Fargo Bank Letter - Case number 062022121600350901
Respectfully submitted by fax and US Priority Mail on March 13, 2023.

Sincerely,

Jaroslaw Waszczuk

Enclosure

December 27, 2022 Wells Fargo Bank Letter - Case number 062022121600350901
2216 Katzakian Way
Lodi, CA 95242
Phone: 209-687-1180
Fax: 209-729-5154
Email: jjw1980@live.com

March 13, 2023

Wells Fargo Bank N.A


Enterprise Complaints Management Office
P.O. Box 5133
Sioux Falls, SD 57117

Wells Fargo
Mediation Program Administrator
P.O. Box 3775
Portland, OR 97208-3775

IRREPARABLE DAMAGES CAUSED BY WELLS FARGO BANK’S UNFAIR


BUSINESS PRACTICES AND MISCONDUCT TO MY LITIGATION FROM 2014–2023
AGAINST THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (UC REGENTS),
THE CALIFORNIA UNEMPLOYMENT INSURANCE APPEAL BOARD (CUIAB),
AND TO MY LIFE AND WELLBEING AT RETIREMENT AGE -REQUEST FOR
COMPENSATION
Sacramento Superior Court wrongful termination case Jaroslaw Waszczuk v. The
Regents of the University of California, Case No. 34-2013- 00155479, filed December 4, 2013, and
Writ of Mandamus, Case No. 34-2013-80001699, Jaroslaw Waszczuk v. California
Unemployment Insurance Appeal Board (CUIAB) and Real Party of Interest (RPii)—The
Reagents of the University of California (UC Regents)

Subject: December 27, 2022 Wells Fargo Letter - Case number: 06202212160035091

To Whom it may Concern:

I.
INTRODUCTION
I have not previously had the time to respond to Wells Fargo Bank’s meaningless letter dated
December 27, 2022 (Attachment # 1). I am currently occupied with the appeal in my wrongful
1

12/27/2022 WF Letter Case number: 06202212160035091


termination complaint, which is pending in the California Court’s Third Appellate District as
Waszczuk v. The Regents of the University of California, case no. C095488. I am representing myself
against two powerful law firms, Porter Scott, based in Sacramento, and Horvitz and Levy LLP, of
Burbank, CA (Attachment # 2). This appeal is a result of Wells Fargo’s gross mishandling of the
Wells Fargo Account Gold Business Service Package 6826908995, opened on June 2, 2014, in the
Wells Fargo Empire Ranch branch, in Folsom, CA. The meaningless Wells Fargo letter dated
December 27, 2022, which with ignorance attempted to bounce me back to Wells Fargo’s mediation
program administrator, was nothing but a delay tactic and attempt to wash the bank’s hands of any
responsibility and liability for wrongdoing. The Wells Fargo mediation program administrator was
the one who, on September 9, 2022, unexpectedly and surprisingly to me, sent me a letter and
mediation request form to complete (Attachment #3).

On September 19, 2022, I submitted the requested mediation request form, along with a letter to the
Wells Fargo mediation program administrator, for processing (Attachment #4). Wells Fargo never
explained to me why it initiated the mediation in September 2022.

On September 30, 2022, I received an undated response from the Wells Fargo mediation
program administrator’s office. It stated (Attachment #5):

Wells Fargo is offering a mediation option for customers who expressed concerns that
may have been related to an account or service that they did not authorize or did not
want.

The information you submitted does not appear to deal with the issues meant to be
addressed in the Wells Fargo Mediation Program. As a result, we will not be
scheduling a mediation session as part of the Mediation Program. We have
further escalated your concerns, and you will hear from another Wells Fargo
representative soon.
Since then, the matter has been handled by the Wells Fargo ENTERPRISE COMPLAINTS
MANAGEMENT OFFICE (Attachment #6). Every piece of my correspondence with this office
has been copied to the WELLS FARGO MEDIATION PROGRAM OFFICE, and I believe the
Wells Fargo enterprise complaints management office also communicated their correspondence

12/27/2022 WF Letter Case number: 06202212160035091


sent to me with mediation program office. Thus, I found the Wells Fargo enterprise complaints
management office letter to me dated December 27, 2022 advising me to contact Wells Fargo
mediation program office to be another unprofessional response that meant and resolved nothing.

II.
WELLS FARGO ACCOUNT GOLD BUSINESS SERVICE PACKAGE APPLICATION

I first hired Douglas Stein on November 27, 2013 as my counsel of record for my writ of
mandamus against the California Unemployment Insurance Appeal Board in the above-captioned
case, No. 34-2013-80001699, which I intended to file in Sacramento County Superior Court to
recover my unemployment insurance benefits which had been denied to me in January 2013 by
the California Employment Development (EDD).
I paid Stein a flat $2,000.00 retainer fee for a writ of mandate copy of the cashed check and our
attorney–client agreement. Copies of these are attached (Attachment #7).

On May 14, 2014, the EDD reinstated my unemployment insurance benefits (Attachment #8),
and three days later, on May 17, I hired Stein to handle my wrongful termination lawsuit against
the UC Regents, in case no. 34-2013-00155479, paying him under our retainer agreement
$20,000 and a 30% contingency fee (Attachment #9). My unemployment insurance benefits
were stolen from me, and I never received a penny.
Wells Fargo Bank never explained to me why my name was required to open the Wells Fargo
Account Gold Business Service account for Stein, or why I was held responsible for the account,
including any associated taxes, despite having no access or insight into the account.

I did not know in 2014 and for many years thereafter why Wells Fargo did not simply open the
account for Stein with the $20,000 I gave him, according to the retainer agreement I signed with him
in May 2014. In the June 2, 2014 application (Attachment #10), under “Related Customer

12/27/2022 WF Letter Case number: 06202212160035091


Information,” I am identified as “Customer #1.” I am described as “Client-Sole,” and was assigned
Enterprise Customer Number 7028718186. Stein is listed as Customer #2 and described as
“Attorney/Law Firm Trustee.”

In my multiple pieces of correspondence regarding the mediation with the Wells Fargo enterprise
complaints management office, from September–December 2022, I was repeatedly advised by Wells
Fargo representatives that the account opened on June 2, 2014 was not an “ILOTA account.” First, I
did not know what IOLTA stands for and why this is relevant and significant in the greater picture,
when my former attorney was stealing money from the account and Wells Fargo failed to inform be
about it. This caused me irreparable damage to my litigation efforts against my adversaries.

IOLTA stands for "Interest on Lawyers' Trust Accounts." Rule 1.15 of the
Rules of Professional Conduct requires attorneys who handle client funds or
funds entrusted by others, including settlement checks, fees advanced for
services not yet performed, or money to pay court fees, to hold those funds in
one or more interest-bearing bank accounts labeled as a “Trust Account,” or
words of similar import.
https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Client-Trust-Accounting-IOLTA/IOLTA-FAQ

III.

WELLS FARGO BANK GOLD BUSINESS SERVICE PACKAGE 6826908995


ACCOUNT WAS OPENED UNDER FALSE PRETENSES ON JUNE 2, 2014 AS AN
ATTORNEY–CLIENT TRUST ACCOUNT

Wells Fargo representative Misty Lemay, in her October 26, 2022 correspondence sent to me via
the Wells Fargo e-mail system at 8:54 a.m. and secured by Zix, disclosed that the $19,500 check
I provided to my former attorney, Douglas Stein, to represent me in the wrongful termination
case Jaroslaw Waszczuk v. The Regents of the University of California, Case No. 34-2013-
00155479 filed on December 4, 2013, was used to open Gold Business Service Package account
6826908995 as an Attorney–Client Trust Account for Stein. The check was allegedly from
my TERMINATION CASE SETTLEMENT, and Stein’s law firm was hired as my
TRUSTEE FOR THE SETTLEMENT MONEY.

12/27/2022 WF Letter Case number: 06202212160035091


In preparation to write this inquiry, I closely examined the correspondence I received from the
enterprise complaints management office between September and December 2022, to determine why
Wells Fargo was constantly bringing IOLTA into the conversation to avoid liability and
responsibility for the damages caused to my litigation, which has amounted to tens of thousands of
dollars by not informing me that Stein had very quickly emptied the account.
Ms. Lemay wrote to me (Attachment #11):

Attorney–Client Trust Account

In your inquiry you stated why you are responsible for the Gold Business
Services Package account ending 8995. You stated that we did not provide you
access to the account and after you received the closing account statement on
December 26, 2014, your understanding was that the individual who controlled
the account was the party responsible for the account.
Research indicates the Gold Business Services Package account ending in
8995 was opened on June 2, 2014. The account ending in 8995 was being used
as an Attorney-Client Trust (non-IOLTA) account. The Law Offices of
Douglas E Stein was the controlling party of the account, and you were listed
as the attorney client on the business application. We have included a copy of
the business application for your records.
The account was set up as a trustee account where you had no access to the
account and all transactions were processed through the law firm. However, as
a trustee, the transactions were made on your behalf and the funds, tax
responsibility and account obligations belonged to you not the trustee. The
account was closed when the when a deposit was made for $194.33 bringing
the negative balance to zero, on December 26, 2014.
On October 26, 2022, in follow-up correspondence, Lemay disclosed that the account
(#6826908995) was opened on June 2, 2014 under false pretenses. The account never should be
opened by Wells Fargo Bank as an Attorney–Client Trust (non-IOLTA) account. This is an error
regarding which I had neither any insight nor control.

Lemay’s October 26, 2022 correspondence said (Attachment #12):

Our decision remains the same.

12/27/2022 WF Letter Case number: 06202212160035091


In your response to our prior case 06202209239145858 you expressed
concerns regarding the enclosed business application from checking account
ending in 8995. The account was opened as an Attorney-Client Trust (non-
IOLTA). You detailed that after you hired Douglas Stein to oversee your
wrongful term business application inaction case against the Regents of the
university of California, in the Sacramento Superior Court wrongful
termination case you went with, Stein, your former attorney at their request to
open the checking account ending in 8995. The account was opened at El
Dorado Hills branch on June 2, 2014.
In your response you stated the account did not follow the role of a normal
Interest on Lawyers Trust Account (IOLTA) checking account or non
(IOLTA) account. We reviewed the account and application. The account was
set up correctly under the Attorney-Client Trust (non-IOLTA). The
requirements of an Attorney-Client Trust require clients name and Taxpayer
Identification Number (TIN) are used on the application and account as you
were the tax-responsible party, the check for $19,500.00 used to open the
account was FROM YOUR TERMINATION CASE SETTLEMENT and
the law firm/attorney was hired as your trustee.
Lemay’s letter implied that I complained that the account did follow rules of an IOLTA account.
Prior to September 2022, I had never heard of an ILOTA account, and I do not remember that the
State Bar, which investigated Stein, ever advised me about this. In the second part of the letter,
Lemay disclosed that the account was set up by Wells Fargo as a non-IOLTA one, and my name and
Taxpayer Identification Number (TIN) were used on the application and account because I was the
tax-responsible party. She stated that the check for $19,500.00 used to open the ACCOUNT WAS
FROM MY TERMINATION CASE SETTLEMENT and that I had hired Stein as my TRUSTEE
FOR THE SETTLEMENT MONEY FROM THE WRONGFUL TERMINATION
COMPLAINT AGAINST THE REGENTS OF THE UNIVERSITY OF CALIFORNIA.

It seems that Lamay solved the case for me by determining that Wells Fargo Bank, on June 2,
2014, opened account 6826908995 under false pretenses. It was no any settlements with the
University of California in 2014 and thereafter . The $ 19,500 came from my 401 k account I
transferred to IRA account after my employment was terminated by the University of California
I can only guess that Stein knew Wells Fargo officer Amanda Ryan Winter, from the Wells
Fargo Empire Ranch branch, in Folsom, CA, and prearranged for the account by lying to her
and misleading her that he was my trustee for the settlement money .
6

12/27/2022 WF Letter Case number: 06202212160035091


As I recall that day, when I arrived at the Empire Ranch branch with a check for $19,500 and
$500 cash, everything was already arranged. I gave $500 cash to Stein and the $19,500 check,
along with my driver’s license, to the Wells Fargo specialist. Stein signed the documents, and
that was it. If the Wells Fargo representative had asked where the money was coming from,
perhaps the account would not have been opened at all. I am quite sure that Amanda Ryan
Winter, who processed the account, knew that the $19,500 was not from a wrongful
termination settlement. If that had been the case, the check would have been issued by the
UC Regents to me or Stein. There is no logic in opening such an account with Wells Fargo by
an attorney who had no trust account or any other account there on his own.
IV.
FOLLOW THE MONEY AND LEARN THE TRUTH - WELLS FARGO BANK , N.A
WELLS FARGO ACCOUNT GOLD BUSINESS SERVICE PACKAGE ACCOUNT NO .
6826908995 - MONTHLY STATEMENTS FROM JUNE 2, 2014 THROUGH
DECEMBER 31, 2014

On November 8, 2022, Lemay sent me copies of statements related to the Gold Business Service
Package Account No. 6826908995 for the period of June 2, 2014 through December 31, 2014
(Attachment #13). I should receive these statements from Wells Fargo in January 2015. This led me
to further discover how and why the almost 10-year-long judicial process related to my litigation
against the Regents of the University of California, conducted in three different State of California
courts, became totally corrupted.

A. The Well Fargo statement for June 2014 (Attachment #14):


Balance on June 2, 2014 $19,500
Withdrawals/Debits $5,034.11
Balance, on June 30, 2014 $14,465.89

B. The Well Fargo statement for July 2014 (Attachment #15):


Balance on July 1, 2014 $14,465.89
Withdrawals/Debits $2,760.00
Balance on July 31, 2014 $11,705.89

12/27/2022 WF Letter Case number: 06202212160035091


C. The Well Fargo statement for August 2014 (Attachment #16):
Balance on August 1, 2014 $11,705.89

Withdrawals/Debits $4,035.00
Balance on August 31, 2014 $7,670.89

D. The Well Fargo statement for September 2014 (Attachment #17):


Balance on September 1, 2014 $7,670.89
Withdrawals/Debits $4,035.00
Balance on September 30, 2014 $3,106.89

E. The Well Fargo statement for October 2014 (Attachment #18):


Balance on October 1, 2014 $3,106. 89
Deposits/Credits $600.00

Withdrawals/Debits $3,619.43
Balance on October 31, 2014 $87.46

F. The Well Fargo statement for November 2014 (Attachment #19):


Balance on November 1, 2014 $87.46

Deposits/Credits $200.00

Withdrawals/Debits $446.82
Balance on November 30, 2014 $-159.33

G. The Well Fargo statement for December 2014 (Attachment #20):


Balance on December 1, 2014 $-159.33

Deposits/Credits $269.33

Withdrawals/Debits $110.00
Balance on November 30, 2014 $0.00

12/27/2022 WF Letter Case number: 06202212160035091


The statements for account 6826908995 show that Stein was given by Wells Fargo a green light to
steal my money as he desired from the account, which was opened under false pretenses.
The account’s balance on October 31, 2014 was only $87.46. Three days later, on November 3,
2014, the account had a negative balance of $-12.54; Stein had emptied the account and left no
funds to maintain my wrongful termination lawsuit, for which he was paid a $20,000 by retainer on
June 2, 2014.

On November 11, 2014, Stein deposited $200.00 into the account, bringing it to a positive balance
of $16.69, but on November 17, 2014, the account was again negative, with a $-75.33 balance. The
account remained negative until Wells Fargo called me on December 14 or 15, 2014 to inform me
that the account was empty, had a negative balance, and that I was responsible for it.

The question is, why did it take so long, a month and a half, for Wells Fargo to call and inform me
that the account was empty and carrying a negative balance? The information that my attorney had
stolen my money, or essentially abandoned me or resigned from representing me, was crucial for
my ongoing litigation and would have prevented further damage to my case.

It is not difficult to conclude from the monthly statements alone that Stein had no desire to challenge
my adversaries and represent me as he was hired to. If Wells Fargo had informed me November 4 or
November 18, 2014 that the account was empty, I would not be writing this letter today, nor
requesting compensation from Wells Fargo for damages caused by the bank’s unfair and fraudulent
business practices related to this account, which was opened under false pretenses.

IV.
FACTUAL BACKGROUND AND WELLS BANK FARGO’S NEGLIGENCE AND/OR
DELIBERATE, PREMEDITATED FAILURE TO INFORM ME THAT MONEY WAS
STOLEN FROM ACCOUNT 6826908995

A. August 2014 Settlement Agreement between my Former Attorney and Liberty Life
Assurance Company of Boston Litigation Manager Paula J. McGee

12/27/2022 WF Letter Case number: 06202212160035091


Prior to my hiring Stein, he had been employed for several years by the Arnold Law Firm, where
he specialized in personal injury litigation against insurance companies. In May 2014, in light of
my wrongful termination lawsuit against the UC Regents, I provided Stein with documents
related to my Short Term Disability (STD) insurance benefits, which had been denied to me in
2011 by Liberty Life Assurance Company of Boston, in conspiracy with the University of
California Office of the President executives.

In August 2014, Stein, cut a deal for himself with Liberty without my consent by lying to
Liberty’s representative, saying I hired him to represent me with Liberty (see
https://www.scribd.com/document/624408171/11-26-2022-Complaint-With-California-
Insurance-Commissioner-File-Number-HCB-8376574).

On March 21, 2019, my STD benefits resurfaced as unclaimed property in California


Controller’s Office (Attachment #21). It is unknown at this time how much money Liberty paid
to Stein in 2014.

B. The Second Amended Complaint by Douglas Stein on September 30, 2014 in


Jaroslaw Waszczuk v. The Regents of the University of California Case No. 34-2013-
00155479

Shortly after I paid Stein $20,000 to represent me in my wrongful termination lawsuit against the
UC Regents, Stein conspired with my adversaries’ attorney, and colluded with Sacramento
County Superior David I. Brown to end my lawsuit.
Judge Brown had been Stein’s friend for many years and signed the stipulation allowing Stein
to file the defective un-amended FAC as SAC with the goal of allowing UC Regents Pott to file an
anti-SLAPP motion (Strategic Lawsuit Against Public Participation - SLAPP suit - Cal. Civ. Proc.
Code § 425.16(b)(1)) to destroy my lawsuit by striking causes of action from the complaint and
imposing on me significant rapid legal costs and fees (see
https://www.scribd.com/document/629743258/09-302014-Second-Amended-Complaint-Waszczuk-
v-UC-Regents).
10

12/27/2022 WF Letter Case number: 06202212160035091


The Wells Fargo statement for September 2014 shows an ending balance of $3,106. 89. If I had
been informed that more than $16,000 was missing from the account, I most likely would have
dismissed Stein as my attorney and not be writing this inquiry today to the enterprise complaints
management office.
D. December 16, 2014 Letter of Dismissal of Attorney Douglas Stein and Stein’s further
Collusion with Others in the Case

On December 15, 2014, Wells Fargo Bank called me on my both home and cell phone numbers
looking for Stein, trying to collect a debt from him. Finally, one of the callers told me that
account 6826908995, opened on June 2, 2014, had a negative balance.

I reached Stein by phone and questioned him about what had happened to my money. He told me that
he was expecting a lot of money in January 2015 and would repay me. In a panic, on December 15,
2014 at 10:00, he sent me a text message a text stating: (Attachment #22).

text_O (3).txt

I set an ex parte for the first available day and time, wed at 10 am...the
judge, whom I have known for over 20 years, will have options to allow
the continuance of the SLAPP motion, and UC will not oppose, so the
motion will be continued..
On December 16, 2014, I dismissed Stein from both cases and submitted that same day an initial
complaint against him with the State Bar of California

In my December 31, 2014 inquiry submitted to Wells Fargo titled “Wells Fargo Account Gold
Business Service Package 6826908995- Check Routing Transit Number 124042882. Request for all
account statements from June 6/2/2014 to 12/26/14,” I quite precisely outlined what happened
between June 2, 2014 and December 26, 2014 (Attachment #23).

On December 26, 2014, I closed the account from which Stein stole my retainer money, because I
was responsible for it, despite not having access to or insight into the account. It took me more than
eight years of litigation against the UC Regents to find out that Wells Fargo opened the account for
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12/27/2022 WF Letter Case number: 06202212160035091


Stein and made him the trustee for my termination case settlement, which was never signed by
anyone or existed.

I can only guess that, in 2014, Wells Fargo, which provided financial services to my former
employer, UC Davis, see https://theaggie.org/2017/02/23/university-of-california-davis-city-council-
sever-wells-fargo-contracts/ collaborated with the UC Regents’ attorneys and refused to provide me
any information about the fake attorney–client trust account for non-existent settlement money, due
to my wrongful pending litigation against the UC Davis Management and UC Regents

V.
IRREPARABLE DAMAGES CAUSED BY WELLS FARGO’S DECEPTION AND
FRAUD IN RELATION TO ACCOUNT NO. 6826908995

As stated in my previous correspondence and inquires with Wells Fargo, the incident with this
account, opened under false pretenses more than eight years ago, led to a falling dominos-type effect
and events that have caused me and my family irreparable damage of approximately $250,000 since
June 2014. I have lost my normal life and existence and fallen into poverty and developed health
problems.
All of this could have been prevented if Wells Fargo, in November 2014, had paid the damages
caused by Stein and taken full responsibility for the fraud. If Wells Fargo had repaid me what was
stolen from the account by Stein, I would have hired a new attorney and my disastrous litigation
would not have occurred.
Wells Fargo is not solely responsible for the irreparable damage to my litigation against the UC
Regents, financial losses related to the bank’s fraudulent business practices,.
VI.
CONCLUSION

Based on the information provided above, I am requesting from Wells Fargo Bank N.A. financial
compensation caused by the opening of Wells Fargo Gold Business Service Package 6826908995

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12/27/2022 WF Letter Case number: 06202212160035091


under false pretenses for my former attorney, Douglas Stein, and condoning his crimes, which led to
enormous financial damages to myself and irreparable damages to my litigation
I appreciate Wells Fargo Bank’s utmost attention to this matter.

Sincerely,

Jaroslaw Waszczuk

Enclosure

CC:

Office of the Comptroller of the Currency


Customer Assistance Group
California State Bar Executive
Commission on Judicial Performance
California State Auditor Office

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