And a Pleasant Surprise - Presentation for City Council of Beverly Hills

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08-11-18. Video- Presentation for Beverly Hills City Council Meeting Nov 18, 2008
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The short presentation can be viewed on video at:
http://beverlyhills.granicus.com/MediaPlayer.php?view_id=11&clip_id=1308

The presentation starts approximately at minute 48.

08-11-18. Handout - Presentation for Beverly Hills City Council Meeting Nov 18, 2008
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Below are just a few sample slides. The complete handout of the presentation can be viewed at
http://inproperinla.com/08-11-19-bhcouncil-s.pdf
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Handout:
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Beverly Hills
City Council Meeting
November 18, 2008
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REFUSAL OF BHPD
TO INVESTIGATE
REAL ESTATE FRAUD
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Joseph Zernik, Homeowner & Fraud Victim
320 South Peck Drive, BH 90212
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Prologue

“Los Angeles has the best courts money can buy.”[1]

•The series of frauds encountered in this case is mind boggling, just enumerating all the frauds is a substantial effort

•Such eruption of frauds was not generated out of nothing
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•LA is listed almost every year by the FBI as the first in the U.S. for fraud incidents.
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•The underlying cause: LA Superior Court created an environment that is permissive/inductive of frauds
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•In short – a corrupt court system breeds frauds

[1] Rizzo in:
http://www.nbclosangeles.com/news/local/Are_Local_Judges_Serving_Two_Masters.html

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Frauds Galore in Beverly Hills
Dynamics of Fraud
How and why frauds in BH and LA tend to multiply,
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Part I - the crimes will not be investigated.

• Beverly Hills Police refuses to investigate fraud - since it does not believe that it would ever be prosecuted by the LA District Attorney

• Officers in BHPD explained to Zernik that much in 2007 - in using limited resources, the BHPD's decisions on which cases to investigate had to take into consideration an evaluation of the chances to produce a case that would be prosecuted by the DA.
  

• Therefore, the BHPD declines to investigate frauds, and categorizes fraud as a "Business Dispute"

(Local Custom/Unpublished Municipal Ordinance of Beverly Hills)

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Frauds Galore in Beverly Hills
Dynamics of Fraud
How and why frauds in BH and LA tend to multiply.
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Part II - the crimes will not be prosecuted.

• All involved know from experience that fraud is extremely unlikely to be prosecuted as a crime in Beverly Hills, or for that matter anywhere in Los Angeles County.

• The DA Office does not recognize fraud as a crime, in particular - real estate frauds are unlikely to be recognized as a crime, certainly - real estate fraud by the judiciary, which are not that rare, will never be either investigated or prosecuted as a crime.

(Local Custom/Unpublished Law of LA County)

• Zernik has evidence for that -

- Refusal of Senior Investigator Kim (DA Office, Real Estate Frauds) to investigate in 2007.
- Refusal of Senior Investigator Kirk Roth (DA Office, Integrity of the Judiciary) to investigate in 2007
- Refusal of Senior Investigator Lianne Fernstrom (DA Office, Integrity of the Justice System) to investigate in November 2008

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Frauds Galore in Beverly Hills
Dynamics of Fraud
How and why frauds in BH and LA tend to multiply.

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Part III - the criminals will be vindicated in court

• Experienced real estate litigators know that they must not file claims of fraud and deceit.

• The LA Superior Court would not rule in favor of such claims

• The judges may retaliate against any attorney who files such claims.

Evidence:
- In December 2006 Zernik reviewed his litigation records and found initial evidence of fraud.
-His attorney of 1.5 years, Charles Cumminngs (Sullivan Workman & Dee) failed to notice Zernik of such findings, and also failed to file counterclaims on fraud and deceit.
- Cummings also tried to convince Zernik that he was misreading the records.
- Zernik had the records reviewed by Cal Dept of Real Estate and FBI, both confirmed Zernik
- In searching for new attorney, Zernik stipulated that counterclaims for fraud and deceipt must be immediately filed. No attorney agreed to accept the case, even if allowed to review the records with pay prior to agreeing to such claims.
- Only in summer 2007 Zernik was told by Att Larry Rothman the true reason- any attorney who would do that would suffer retaliation by Judge Connor.
- In fact Att Hoffman as trying to do that in his motion for reconsideration- but he got scared and demanded to withdraw the papers after filing them.

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Frauds Galore in Beverly Hills
Dynamics of Fraud
How and why frauds in BH and LA tend to multiply.

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Part IV - judges of the LA Superior Court routinely engage in real estate fraud.

• Judges of the LA Superior Court engage in real estate frauds under the guise of litigation, as seen in Samaan v Zernik

• When the court is engaged in such crimes, but definition, such crimes are the law of the land.

• The toll on society and the economy of LA County and the U.S. resulting from alloewing LA County to be run away county for 10 years or more, cannot be overestimated... Samaan v Zernik show that the phenomenon of Countywide is directly related to that.
  

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Frauds Galore in Beverly Hills
Dynamics of Fraud
How and why frauds in BH and LA tend to multiply.

Part IV - such crimes are driven by professionals, and when their careers are at stake, they side with that which is likely to prevail.

• Once a financial/real estate fraud is initiated by any party, other professionals involved are in fact forced to take sides.

• Knowing that the purpetrator would prevail, and that the crime would not be prosecuted, creates no incentive to stand on the victim side, even when fiduciary duties call for that.

• It is obvious that those that would support the victim will suffer consequences.

• In the process, these additional parties are forced to commit multiplicity of additoinal frauds.

Example:
- On Oct 18, 2004 Michael Libow detected Samaan wire fraud and reported it to Zernik.
- On Oct 18, 19, 20, 2004, Michael Libow (Coldwell Banker) still tried to stand for his client's rights by demanding an explanation for the wire/fax fraud.
- On Oct 22, 2004, Michael Libow (Coldwell Banker) and Gail Hershowitz (Mara Escrow) were already entirely cooperating with Samaan' s frauds.

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Frauds Galore in Beverly Hills
Dynamics of Fraud
How and why frauds in BH and LA tend to multiply.

Part VI- when such fraud is perpetrated in court, it is obvious to all professionals that such litigation fraud was coordinated with the corrupt judge, and that they face imminent danger if they will not support the fraud.

• Counsel, Escrow, Realtors may be intimiated by the judge explicitly
  

- my attorneys Ed Hoffmanm and Zachary Schorr reported such intimidation by Judge Jacqueline Connor.

• Escrow and Realtor may suffer substantial damages - their licensing may be at stake.

• Once they join the fraud, such new parties are forced to commit multiplicity of new frauds.
  

Examples:
- Michael Libow/Coldwell Banker sent emails documenting the wire/fax fraud in 2004, but in litigation they refused to provide any declaration to that effect to support their client, and were in fact hostile to his interests in court.
- In deposition Gail Hershowitz/Mara Escrow supported the notion that the fraudulent cotract from Countrywide was authentic, and by extension - that the contract that she kept in her escrow file was fraud. No escrow officer would do that , unless they were assured immunity, but also have vowed complicity.
- Mara Escrow's Liz Cohen initially refused to cooperate with the court fraud in Dec 2007. But the court, and David Pasternak managed to coerce her to proceed.
- Committe report describe intimidation of defense attorneys in criminal courts.
- Anonymous letter from a defense attorney described intimidation in criminal courts by Judge Connor, similiar to that experienced in the civil court.
- In the process, these additional parties are forced to commit multiplicity of additional frauds.

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Frauds Galore in Beverly Hills
Open Questions
Regarding conduct of BHPD, part I
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1. Does the fact that LA DA refuses to prosecute fraud as a crime also exempts BHPD from protecting BH citizens against such crimes? I believe not

Specifically in this case, the harm to BH citizen could have been prevented, had the BHPD performed its duties and protected the citizen. I tried to file complaints when the harm was minimal, and had the BHPD recorded the complaints and investigated them, no doubt that the harm could be easily prevented. Damages here exceed $2 millions and are growing.

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Frauds Galore in Beverly Hills
Open Questions
Regarding conduct of BHPD, part II.

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2. Does the fact that LA DA refuses to prosecute fraud as a crime also exempts BHPD from performing its duties in recording the crime as a crime? I believe not.

By refusing to record the crime, the BHPD is negligent and also abdicates its duties to the ctizens of BH. For example - I had no clue that such crimes were common in BH, and that I should have taken additional care.
However, it is obvious that had the crimes been recorded as crimes, but not investigated, BHPD would appear negligent.

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Frauds Galore in Beverly Hills
Open Questions
Regarding conduct of BHPD, part III.

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3. Does the fact that the LA District Attorney Office refuses to prosecute fraud as a crime also mean that BHPD is exempted from investigating it as a crime? I believe not.

1) Beverly Hills owes its citizen and tax payers the due services regardless of the conduct of others.

2) Had the crimes been recorded as crimes, investigated as crimes, and then left for the LA DA to deny prosecution, the BHPD would appear as performing its duties, while the LA DA would appear negligent. By refusing to even record the crimes as crimes, and also refusing to investigate them, the BHPD is negligent, obstructs justice, covers up the wrongful conduct of others, and colludes in it.

3) Had the crime been recorded and investigated, and not prosecuted by the LA DA, the victim, a BH citizen, could potentially take action to compel the LA DA to prosecute. Failure to record and investigate entirely eliminates such options, and prevents the victim, a BH citizen from protecting his rights.

4) As is made clear in FBI literature, the vast majority of financial/real estate crimes (>90%) are committed by professionals in the field. Therefore, the criminals have tremendous advantage over the victim, and any attempt at civil litigation would be an uphill battle. Had the BHPD recorded and investigated the crimes, even without LA DA prosecution, the playing field would have been somewhat leveled. Therefore, the refusal to record the crimes and to investigate them as crimes is in fact collusion with the criminals.

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Frauds Galore in Beverly Hills
Open Questions
Regarding conduct of BHPD, part IV.
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4. Is there anything that the BHPD can do now to mitigate damages? Yes !
Recording the crimes and investigate them now!

1) Recording the crimes and investigating them even now could make all the difference in this specific case, and also for preventing future cases of this sort. Failure to act, while all involved know what took place, will only encourage professionals in the field showing that they are taking no risk by colluding in fraud.

2) As shown below, the investigation has largely been already performed, the BHPD would not be burdened with a major project. Frauds were confirmed by fraud experts, records were produced, etc.

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Frauds Galore in Beverly Hills
Example
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• On Oct 16, 2008 KNBC aired one of the hard to find media mentions of the corruption of the LA Superior Court – the payments in violation of the law by LA County to the judges, and the complete satisfaction of LA County in litigations.[1]

• The attorney who brought that case to light was/is still struggling to regain his license, revoked this year as direct consequence of his actions to stop such illegal payments to judges.

• That attorney (~70 years old, former Federal Special Prosecutor of corruption in LA City Hall, may practice also in Beverly Hills) lost his license based on claims of "Moral Turpitude" - where the underlying facts were filing claims of bribery against judges of LA Superior Court in U.S. District Court LA.

• There were no claims of any sexual conduct whatsoever relative to the "Moral Turpitude" .

• That story, in itself newsworthy, was never reported in mainstream media.

[1]http://www.nbclosangeles.com/news/local/Are_Local_Judges_Serving_Two_Masters.ht
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Chronology of the BH fraud
I. Two Males Found in Paternity of One Baby by LA County

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• In 2007, while investigating the real estate fraud in Beverly Hill, we located records of an LA County litigation, where the court found paternity of one baby by two males:

1. Timothy Lloyd Morrow
2. Jae Arre Lloyd

• Eventually it turned out that the two were one and the same.

• The identity change took place ~2003 after the theft of Skyline Funding, Inc benefits funds.

• The rest of the plot may very well stem from a need to launder such funds.

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Chronology of the BH fraud
II. Straw Buyer's Offer on BH Property Listed for Sale

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• On Sept 4, 2004 Nivie Samaan made an offer to buy the listed property, representing herself as an active realtor, making her living as a realtor, and representing self as buyer

• Sept 4, 2004 Zernik refused to entertain the offer without a 3rd party prequalification of Samaan as a buyer.

• As it later turned out, Samaan was indeed a straw buyer, unqualified to enter the contract for the purchase of the property.

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Chronology of the BH fraud
III. Fraudulent Inducement of Seller to Enter Contract by Straw Buyer

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• On Sept 7, 2004 – Samaan presented a fraudulent prequalification letter, purported to have been signed by her loan broker, Victor Parks, and purported to have been faxed by Parks to Michael Libow, Coldwell Banker, Beverly Hills.

• In July 2006 deposition Samaan admitted that Parks had nothing to do with it, that she never even talked with him about the loan applications.

• Fraud expert Robert Meister opinion letter is that the signature was a forgery.

• Samaan routinely engaged in fax/wire fraud - impersonated Victor Parks in fax communications - as it later turned out.

• Such prequalification letter is also required by the standard California real estate contract, as one of the first condition in the contract. Samaan failed to perform by the contract.

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Chronology of the BH fraud
IV. Fraudulent Inducement of Seller to Enter Contract by Straw Buyer

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• Samaan represented herself as an active realtor "closing a few deals a year" - in deposition she admitted that at that time she had never even assisted in any real estate transaction.

• Samaan represented that she would "liquidate stock accounts" to finance the initial payment. In deposition she admitted that she had never owned any stock accounts at that time.

• Prior to signing the contract Samaan failed to disclose her immediate plan to marry, and stated that she was going out of town on a "business trip", after signing - "honeymoon". In California, a community property state. that was a material change in the terms of the contract.

• Fraudulent Inducement renders the resulting contract null and void.

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Chronology of the BH fraud
V. The Contract was Irreparably Tainted.
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• Seller Zernik agreed, upon advise of his realtor, Libow, to allow Buyer Samaan to use her commission monies as part of her down-payment in closing.

• As it turned out, much later, that provision irreperably tainted the contract and prevented Samaan from obtaining her loans approved, since the lenders do not allow such provisions.

• That was most likely the reason that Samaan refused to file the contract with her loan applications with Countrywide. Instead she filed unsigned letter from Gail Hershowitz that misreapresented loan conditions.

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Frauds Galore in Beverly Hills
VI. Samaan Filed Loan Applications with Countrywide, San Rafael

• The standard contract requires the buyer to "act honestly and diligently to obtain designated loans".

• On Sept 27, 2004 Nivie Samaan signed, entirely fraudulent Uniform Residential Loan Applications (1003) with Countrywide Home Loans, Inc.

• Between Oct 1-6, 2004 Samaan's loan applications arrived at Countrywide San Rafael and were stamped "Received" and imaged.

• Jae Arre Lloyd, was part of a network of "loan originators" for that branch, and had a direct line to Maria McLaurin, Branch Manager.

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Frauds Galore in Beverly Hills
VII. Samaan's Loan Applications Listed False Employment, Income, Marital Status, Address, Phone Number Data.

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• Samaan represented in her loan applications that her sole source of income was as the president and sole owner of a corporation - which retailed on the web crystal balls, Tarot cards, divining objects, anointment oil, etc for followers of the psychic and the occult.

• When asked to present business license - she presented business license of a cosmetician, and then refused to answer underwriting demand to state the type of business she was in.

• Samaan claimed in such fraudulent loan applications that her annual income was $400,000 per year.

• In underwriting records Maria McLaurin later entered Samaan's income as $4,000,000 per year.

• In fact, Samaan was during that period a cosmetics saleswoman in a department store. Her true income can be easily estimated from biweekly payroll deposits showing in her bank account in the loan applications, and was not even close to the sums listed above.

• Samaan was a married woman at the time she filed the applications, but listed herself as a single woman, sole owner.

• Samaan completed the application deliberately basing the closing costs calculations on false data. She falsely noted 0% loan fees, where in fact she had to list 0.75% loan fees. Samaan never had sufficient funds to perform per the contract she signed.

• Samaan misrepresented closing costs, since she would not admit the allowance for commission.

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Frauds Galore in Beverly Hills
VIII. Samaan's Application Carried Forged Loan Broker Signatures

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• In deposition in July 2006, Samaan admitted that Parks had nothing to do with her loan applications, she never even talked with him about it.

• The signature on the loan application, affirming that it was the result of a phone interview by licensed loan broker Victor Parks, was forged, as confirmed in an opinion letter of nationally acclaimed fraud expert Robert Meister.

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Countrywide - beyond financial recklessness - corruption of the courts
IX. Countrywide Failed to Secure Loan Broker Signature on Samaan's Loan Applications

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• There were several records in the loan file that showed signatures purported to be Parks' but none of them was his true signature.

• Parks was purportedly a Countrywide "business partner" - but there is no evidence of any attempt to verify is signature against sample on file.

• The single most critical record in safeguard of the underwriting process "Loan Broker Certification or Records" was never signed, although the duly assigned underwriter, Diane Frazier demanded that it be signed as a condition for underwriting.

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Frauds Galore in Beverly Hills
X. Samaan's Loan Applications Provided a Unique Early Warning of the Sub-Prime Crisis
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• Review of Samaan's loan applications and underwriting files from Countrywide provided unique insights into the origins of the sub-prime crisis - massive fraud by Countrywide in underwriting of wholesale loans.

• Therefore, already in January 2008 Zernik was able to file a complaint with FBI regarding Countrywide's fraud on the U.S. Government.

• In March 2007, he submitted a supplement with estimates that the liability to the U.S. government was in the hundreds of billions of dollars. FBI told Zernik they were not interested in the subject.

• Zernik claimed that McLaurin, Branch Manager, fully supported Samaan's frauds against U.S. government, against Countrywide, and against Zernik.

• Zernik claimed that Samaan's Loan Applications underwriting history was entirely fabricated in subpoena production of documents by Countrywide's Legal Department headed by Sandor Samuels (e.g.- they claimed that the loan applications were first received on Oct 12, 2004).

• Zernik claimed that the loan applications and their underwriting showed total collapse of internal audit, external audit, computer authorities and security alerts, of systemic fraud in Edge- the underwriting monitoring computer system, and failure to report to U.S. authorities of material deficiencies,

• Zernik claimed that the motive for Countrywide's frauds against him was most likely the desire to hide the frauds against the U.S. government seen in Samaan's loan applications.

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Frauds Galore in Beverly Hills

XI. Fraudulent Mortgage Applications blocked by underwriter

• By October 6, 2004, Underwriter Diane Frazier detected Samaan's frauds.

• Frazier demanded new loan applications listing the correct closing costs, a reasonable explanation of the employment data, and a copy of the contract.

• Samaan with full support by McLaurin refused to comply.

• By Oct 14, 2004, about 10 days after receipt, Frazier suspended the loans, and issued notice that if new applications, explanation of employment data, and copy of the contract were not provided by Oct 25, 2004, the loan applications would be terminated.

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Frauds Galore in Beverly Hills

XII. Samaan Failed to Remove Loan Contingency, Failed to Explain Why.

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• Samaan failed to remove her loan contingency in the first week of October, as was required.

• She did not explain why, repeatedly had messages in Parks' name arrive stating approval was imminent, never requested any document or other modification in contract or extension.

• Zernik issued notice to perform when he could not secure his next residence as a result of such failure to perform.

• Samman refused to peform, and the wire/fax fraud was detected.

• Zernik filed instructions to cancel.

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Corrupt Litigation at LA Superior Court

XIII. A year later, Oct 2005, Samaan Filed complaint at LA Sup Court
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• Claims were for Specific Performance or Damages.

• The mere filing of the complaint was unbelievable on the background of what took place in 2004.

• A reasonable person reviewing the data as a whole would conclude that the litigation from the beginning as designated as a sham litigation- "Enterprise Track"

• A reasonable person reviewing the data as a whole would conclude that such sham litigation was coordinated with Judge Jacqueline Connor (best known for derailing the Rampart Trial) before the complaint was even filed, at a time that Samaan was represented by Att Jay Stein.

• Evidence:
- Already in her first appearance in court Judge Connor engaged in massive fraud
- She heard a Demurrer on Statute of Frauds - Samaan never filed the contract, and overruled it in open court,
- In the secret computer records of the court she filed opposite records - "Granted" and "Disposed/Vacated"
- Connor ran Initial Status Conference off the record
- Connor had a fraudulent assignment order issued and back-dated 3 months.

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Corrupt Litigation at LA Superior Court

XVI. By early 2007 Zernik realized many of the frauds in this case.
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• By December 2006 Zernik realized the fraud in Samaan's records in 2004

• By December 2006 Zernik realized some of the frauds in Countrywide's subpoena production, and demanded repeat

• By March 2007 Zernik realized that Judge Connor was corrupt, and that denial of his access to court records is a major enabling method of the corruption.

• By March 2007 Zernik received his first death threat from a person related to Countrywide.

• By May 2007 Zernik realized that the Court's computer system was a central enabling tool of the racketeering in the courtroom.

• By May/June 2007 Zernik realized that Sandor Samuels, Chief Legal Counsel of Coutrywide, and at that time president of Bet Tedek, as directly involved in the frauds in this case and in corruption of the courts.

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Corrupt Litigation at LA Superior Court

XVII. By July 2007 Severe Abuse was Initiated.
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• In June/July 2007 it became apparent thatto all sides Zernik realized that Judge Connor was routinely engaged in fraud in the courtroom in collusion with Attorey Mohammad Keshavarzi (Sheppard Mullin).

• On July 6, 2007, Countryide appeared first time in court - in an abusive, fraudulent, off the record, off the calendar ex parte application for a gag order on Zernik to benefit Countrywide.

• On Aug 9, 2007 Judge Connor ruled against Zernik in purported Summary Judgment hearing, and refused to allow compuslory fraud and deceit claims, with that she initiated the Judgment Fraud. The Judgment was never registered as judgment and never entered as judgmennt and thehrefore as never effectual. But the court enaged in a shell game fraud, denying Zernik access to records so that such facts could not be ascertained.

• On Nov 9, 2007 Judge John Segal, with no assignment order and no authority issued a fraudulent order appointing David Pasternak - former president of Bet Tzedek, as receiver, in a 4-day short notice motion, but failed to enter it as required by law, therefore, making it ineffectual.

• On Nov 21, 2007 Judge John Segal and David Pasternak issued a fraudulent, invalid order to Zernik to vacate his home and his property and threatened use of police or sheriffs.

• By late Nov 2007, David Pasternak forcibly entered Zernik property, replaced the keys, and frudulently took possession.

• On Dec 7, 2007 David Pasternak had a frauduelnt grant deed, 2 gag orders and a series of abusive financial measures approved against Zernik by Judge Collins in an ex parte proceeding that Judge Collins entered as invalid in the register of actions.

• On Dec 7, 2007 the case was transferred to Judge Friedman, again with no assignment order. Frieman, former executive director of Bet Tzedek, refused to recuse, and also refused to file a statement on the record regarding his relationship and financial benefits from Samuels and Countrywide.

• On Decemeber 17, 2007 David Pasternak filed fraudulent grant deed on behalf of the court in the office of LA County Recorder/Registrar.

• From January 2008 to this date, Friedman continued abusive conduct with no authority at all.

• To this date, Zernik never received a penny from the purported sale of the property.

• By June 2008, the office of Presiding Judge Czuleger refused to certify either the existence of a valid entered judgment in this case, or the non-existence of such judgment.

• Since June 2008, the office of Presiding Judge Czuleger has refused to answer which judge, if any, has valid assignment for Samaan v Zernik.

• The court continues to deny Zernik any access to Books of Court that could provide definitive proof that there is no entered judgment, that the litigation as never listed in the Court's Index of All Cases, and that it is not listed on the Master Calendar.
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• In review of all judgments from the perior in microfilm archive no judgment was found.

• Given that there is no judgment - Zernik holds that no appeal could be heard, although he filed a "premature" notice of appeal, to guarantee his rights.

• The Califronia Court of Appeal, 2nd Distirct. tooks a series of actions that was inconistent with either honesty or the law, and dismissed the notice of appeal, as if appeal brief was due, yet never allowed Zernik to see his own trial court litigation records even on purported appeal.

• Zernik filed notice to cease and desist racketeering with Terry Friedman, and also notice of litigation and judgment that are void not voidable to parties.

• Harassment/intimidation/retaliation against Zernik as witness/informer/whistle-blower continues.

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