09-12-18 Notice to Brian Moynihan, BAC, pursuant to Sarbanes Oxley Act (2002) Section 307.

    
Joseph Zernik's writing:
Date: Fri, 18 Dec 2009 14:10:48 -0800

To: " -Legal" <@bankofamerica.com>
From: joseph zernik
Subject: Happy New Year!
Dear Mr  [ ]:
Thanks for the prompt response, and best wishes for the new year -  hoping that BAC under its new leader would keep strictly to the straight and narrow.
Joe Zernik

Bank of America writing: 

At 11:50 18/12/2009, you wrote:

Your message
  To:    
  Subject: Notice to CEO Brian Moynihan regarding fraud - pursuant to
Section 307 of the Sarbanes-Oxley Act of 2002 and the SEC Rule
promulgated under (17 CFR 205); Requests for corrective actions and for
truthful statements in periodic reports to SEC and other regulators
regarding fraud and material deficiencies in internal control at Bank of
America Corporation.
  Sent:    Fri, 18 Dec 2009 14:47:51 -0500
was read on Fri, 18 Dec 2009 14:50:56 -0500
Final-Recipient:  <@bankofamerica.com>
Disposition: automatic-action/MDN-sent-automatically; displayed
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          Joseph Zernik's writing:

Date: Fri, 18 Dec 2009 11:47:51 -0800
To:
From: joseph zernik
Dr Z
Joseph Zernik, DMD, PhD
PO Box 526, La Verne, CA 91750; fax: 801 998-0917; email: jz12345@earthlink.net

RE: Notice to CEO Brian Moynihan regarding fraud - pursuant to Section 307 of the
Sarbanes-Oxley Act of 2002 and the SEC Rule promulgated under (17 CFR 205); Requests for corrective actions and for truthful statements in periodic reports to SEC and other regulators regarding fraud and material deficiencies in internal control at Bank of America Corporation.

To Brian Moynihan, CEO and President, Bank of America Corporation (BAC) by email, by fax, and by USPS certified mail.
Dear Mr Moynihan:
Congratulations for your recent appointment as CEO and President of BAC!  I am a shareholder and also the victim of fraud initiated by Countrywide and Sandor Samuels then Chief Legal Officer, and continued by BAC and Sandor Samuels now as BAC Associate General Counsel.
The fraud caused me damages exceeding $2 millions. However, the significance of the matter by far exceeded the monetary damages to me.  The significance of the matter was in the essence of the fraud - the production of large volume of fraudulent banking records, which were filed as false evidence in court, and in the employment of false outside Counsel Bryan Cave, LLP.  Such false outside counsel appeared with BAC knowledge and cooperation at the Los Angeles Superior Court in case captioned Samaan v Zernik (SC087400), and engaged in obstruction and perversion of justice, while senior staff members of the BAC office of General Counsel repeatedly informed me that Bryan Cave, LLP was not authorized to appear in court on behalf of BAC. 
Therefore, the primary significance of the case was in the incontrovertible evidence of corrupt practices at the former Countrywide Legal Department, which continued as corrupt practices under BAC Home Loans Legal Department. Furthermore, the case provided incontrovertible evidence of fraud against shareholders and also against the US government in the operations of EDGE the Countrywide underwriting monitoring case management system, today the underwriting monitoring system of Bank of America Home Loans.
Finally, the case included incontrovertible evidence of retaliation, harassment and intimidation against a whistleblower --  Diane Frazier, former senior underwriter at the San Rafael Branch, and death threat against me, delivered on behalf of Countrywide, when I located Ms Frazier in March 2007 (contact information below).
...
I therefore request:

1. Please produce the Protective Order and/or Restraining Order purported by General Tommy Franks and BAC, otherwise, please provide a statement retracting such false claims.
2. Please refer the matter as a complaint pursuant to Sarbanes Oxley Act (2002) to the BAC Audit Committee, with a repeat request that the Audit Committee review the six key fraud records.
3. Please ensure that BAC immediately respond to OCC regarding Case# 00971981, where BAC failed to respond at all.
4. Please ensure that certifications by you and others, also pursuant to the Sarbanes Oxley Act (2002) in quarterly reports to SEC and other regulators be truthful regarding fraud in operations and internal controls.
5. Please appoint a BAC representative to further communicate regarding expedient and equitable resolution of the matter.

Notices were provided to your predecessor, Mr Ken Lewis, as well. He chose not to address issues of fraud in BAC operations, which were detailed in such notices. However, it was the same type of issues that eventually required his departure from BAC.  I hope that you would elect to address the issues instead.
Dated: December 18, 2009               
La Verne, County of Los Angeles, California                     Joseph H Zernik
                                                         
                                                        By: ______________
                                                                JOSEPH H ZERNIK
                                                                PO Box 526, La Verne, CA 91750
                                                                Fax: 801 998 0917
                                                                Email

Digitally signed copy of this notice was posted at:
http://inproperinla.com/09-12-18-bac-notice-per-sarbanes-oxley-to-brian-moynihan.pdf 

CC:

1. OCC -  as an addendum to Case ## 00971981.
2. SEC - as a repeat complaint regarding fraud by BAC on both shareholders and on the US Government,
3. Glenn A Fine - Office of Inspector General, US Justice Department as an addendum to complaint against senior officers of the Justice Department for failure to enforce the law on BAC and others.
4. Basel Accords Committee - relative to the underlying deficiencies in validation of large computer systems in US financial institutions, and failure of US banking regulators to enforce the law.
5. US Congress and TARP oversight board

Linked Records:
1.      Six key BAC fraud records:
http://inproperinla.com/00-00-00-bank-of-america-09-04-17-zernik-list-of-six-key-records-for-bac-audit-committee-review-s.pdf
2.      Communications with General Tommy Franks.
http://inproperinla.com/09-09-04-general-tommy-franks-correspondence-in-re-integrity-of-operations-at-bac-s.pdf
3.      Overview of the fraud schemes
http://inproperinla.com/00-00-00-la-sup-ct-samaan-v-zernik-a-a-chronology-excerpt--from-verified-complaint-zernik-v-melson-et-al-s.pdf
4.      March 2008 Memorandum Opinion by the Hon Jeff Bohm in re: litigation practices of Countrywide.
http://inproperinla.com/00-00-00-countrywide-08-03-05-case-of-borrower-parsley-outside-counsel-scheme-hon-jeff-bohm-us-judge-decision-rebuke--s.pdf
5.      Contact information for Diane Frazier:
4329 Gloria Ct
Rohnert Park, CA 94928
(707) 586-1479
6.      Detailed review of the fraud schemes: Copies of court records, case of Borrower Parsley (05-90374), Dkt #256-260 were posted at: http://inproperinla.com/