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
X-MSExch-Correlation-Key: zmzNkoVRJk6lHTuIW66a1g==

          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/

09-12-18 Kindly requesting Mr Gottschalk to cease and desist propagating fraudulent court records and fraudulent legal information

  
The ongoing false imprisonments in Los Angeles County, California, of the Rampart-FIPs and Richard Fine, are absolute corruption!

Date: Fri, 18 Dec 2009 09:39:21 -0800
To:
From: joseph zernik
Subject: Repeat request that Mr Gottschalk cease and desist perpetrating fraud upon Richard Fine and upon the people through the propagation of fraudulent court records and fraudulent legal information
Cc: lawsters@googlegroups.com

December 18, 2009

Ronald Gottschalk, Esq
By email

Dear Mr Gottschalk:
One must assume that your message below was part of your response to my requests that you provide "in your capacity as an attorney honest, valid, and effectual" court records to substantiate claims you made, which I stated were fraud upon Mr Richard Fine and upon the people.
Here again you continued your conduct that amounted to fraud.  You referred me to a source of information where:
a) Clear disclaimer was provided at the top of the web page, which made it clear that it should not be relied upon. and that it never constituted an "official record of the court":

Case Summary

The Courts and County of Los Angeles declare that information provided by and obtained from this site, intended for use on a case-by-case basis and typically by parties of record and participants, does not constitute the official record of the court. Any user of the information is hereby advised that it is being provided as is and that it may be subject to error or omission. The user acknowledges and agrees that neither the Los Angeles Superior Court nor the County of Los Angeles are liable in any way whatsoever for the accuracy or validity of the information provided.

b) Even in such record of fraudulent nature - published by the court with a disclaimer that it was not an "official court record", the March 4, 2009 proceeding, which your messages and phone call would have led one to believe was a sentencing proceeding, where "Mr Fine was convicted on Contempt", entirely failed to appear as a court proceeding. Therefore, even this fraudulent court record supported my statement that Mr Richard Fine was never convicted and never sentenced, and likewise - contradicted your fraudulent statements in this regard.
Please provide any evidence that you may find to support your statements, otherwise, I kindly request that you cease and desist your conduct that amounted to fraud upon Mr Richard Fine and upon the people through propagating fraudulent court records and fraudulent legal information.

Truly,

Joseph Zernik 

Ronald Gottschalk's writing

X-MSK: CML=1.001000
DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed;
        d=gmail.com; s=gamma;
        h=domainkey-signature:mime-version:received:date:message-id:subject
         :from:to:content-type;
        bh=+xpWoQkXrLOBS4WbYZ4f+cr4RUJak3iw/+1SuLpr1ow=;
        b=QiM4fs43k8yG7assH8Zi5HXv56r73V7vNpuQTqNWfKSD/1KJzGIQJptykTwAe0hP2m
         ak9GWQ3G0o5LUmkgqocgdkKyrS8Eoj4OtVJK5TYm9dBHBEhR3gHyQm2GKPoudB9jqobq
         HogWMJtfxvexBQsXZMSw3J4w4hEBxi5qS1r1g=
DomainKey-Signature: a=rsa-sha1; c=nofws;
        d=gmail.com; s=gamma;
        h=mime-version:date:message-id:subject:from:to:content-type;
        b=NtciknS0ptmo/lTaSOi7yljPWAxW8uoKIlkspFKsxPpam+BP9RtkFhLyymioNTF5rB
         GGAIkN7EFUPcVY8XrVMz17JF4gqLQbx8PFU8B/3Vh7CPbMjd0skM/w+T/AdgqSyYYfvs
         HykKRavnA/3JS8+EEonqv+Ntm1zVf2cNrNcRk=
Date: Fri, 18 Dec 2009 07:58:24 -0800
Subject: Dr Z: Use this link to review the Richard Fine contempt case online: Los Angeles Superior Court - Civil Case Summary BS 109420 Richard Fine contempt- Debtor exam of Richard Fine continued to Jan,2010
From: ronald gottschalk
To: joseph zernik , ronald gottschalk
X-ELNK-Received-Info: spv=0;
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;
---------- Forwarded message ----------
From: Ron <gov4@roadrunner.com>
Date: Fri, Dec 18, 2009 at 7:55 AM
Subject: Los Angeles Superior Court - Civil Case Summary BS 109420 Richard Fine contempt- Debtor exam of Richard Fine continued to Jan 25, 2010
To: randypotter5@gmail.com, randypotter2@gmail.com, randypotter6@gmail.com
http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil

09-12-18 Multi-layered fraud on the falsely imprisoned Attorney Richard Fine and on the people - or why Alex Kozinski must resign!

   
Richard Fine _ _  _ _ _Rampart FIPs (Falsely Imprisoned Persons)
The ongoing false imprisonments in Los Angeles California are Absolute Corruption!

Date: Fri, 18 Dec 2009 05:34:32 -0800
To: "Ron "
From: joseph zernik
Subject: Multi-layered fraud on the falsely imprisoned Attorney Richard Fine and on the people - or why Alex Kozinski must resign!

December 18, 2009
Ronald Gottschalk, Esq
By email 
Dear Atty Gottschalk:
In a previous December 18, 2009 message, copied below, I requested that you cease and desist fraud against Richard Fine and on the people.   In the phone conversation that preceded that notice, you repeatedly stated that I was not an attorney (which of course was true and correct), that you were an attorney (I was informed and believed it was true and correct as well), and that I was clueless (which for all I knew, could be true and correct).  Therefore, I requested that you provide, "in your capacity as an attorney, honest, valid, and effectual copies of records, listed... in (a), and (b)." Such request pertained to:

a) Conviction of Richard Fine on Contempt

b) Minute Order that you referred to, whichever it was.

In response you forwarded to me the records linked below. [1] 
Attorney Gottschalk, I must repeat my kindly request that you cease and desist your collusion in the fraud on Attorney Richard Fine and the people, by false and deliberately misleading representations that there was any record that conformed with the fundamentals of the law, to substantiate the false confinement of Richard Fine.  The records that you forwarded to me were and are fraud for numerous reasons, including but not limited to the following:
1) Pages 3-16 of this record were titled: Judgment and Order of Contempt re: Richard I Fine.
This record had to be deemed fraud, for reasons including, but not limited to the following:

a. It was stamped FILED at the Superior Court on March 4, 2009 on page 3, while it was signed by Judge David Yaffe with the date of March 24, 2009 on page 16.

b. There was no authentication for this record at all.

c. The record on page 3 stated that it was part of a case of the Superior Court of California, County of Los Angeles, captioned Marina Strand Colony II Homeowners Association v County of Los Angeles (BS109420). There never was, there is not, and there never will be such a caption of the Superior Court of California, County of Los Angeles.

d. The record on page 3 stated that it was  "Assigned to Hon David P Yaffe, Dept 86". No such case was ever assigned to a David P Yaffe.

e. The file name which you forwarded this record under, designated it "Dkt 204", implying that this record was part of an honest, valid and effectual docket.  In fact, the Superior Court denied multiple requests to access the Register of Actions (California docket) in this case, out of compliance with US Supreme Court Nixon v Warner Communications, Inc (1978).

f. Therefore, the records that you provided also entirely lacked any foundation to accept them as honest, valid, and effectual "court documents", as stated in your message.

g. Such record was purportedly filed by Attorney Kevin McCormick in Fine v Sheriff (2:09-cv-01914) - a petition for a writ of habeas corpus at the US District Court, Los Angeles, on behalf of the Superior Court of California, County of Los Angeles, and Judge David Yaffe, as part of a purported May 1, 2009 "Response".  However, Attorney Kevin McCormick failed to file certifications that were required to establish his status as Counsel of Record, there was no record signed by his clients in his filing, his declaration was by an incompetent fact witness, and he had no authority to file such records on behalf of the Superior Court and Judge David Yaffe.

h. Attorney Kevin McCormick, Judge David Yaffe, Presiding Judge Charles McCoy, and Clerk of the Court John A Clarke, were all notified of the fraud in their conduct, which resulted in the ongoing false imprisonment of Richard Fine,  but failed to initiate corrective actions.

h. Magistrate Carla Woehrle issued a June 12, 2009 Report and Recommendation [2] for denial with prejudice of the Richard Fine Petition, based on such records.  Upon review of the facts in this matter, a reasonable person would conclude that the Carla Woehrle 25 page, footnoted R & R was an elaborate fraud. Suffice was to note that: (i) It failed to mention by name the caption of the case it reviewed, (ii) It failed to mention the refusal of the Superior Court to produce the Register of Actions, (iii) It failed to ever mention the word "warrant", and (iv) It was served upon Richard Fine with no authentication at all - I was informed and believed.

i. For the very same reasons, a reasonable person would conclude that the June 29, 2009 Judgment by Judge John Walter was yet another layer of the fraud on Richard Fine and on the people. [3] Please also notice that: (i) The purported Judgment was served on Richard Fine with no authentication at all, (ii) The related transactions report never listed the judgment as related to the petition [4], (iv) The petition was not listed as terminated, (v) US District Court LA denied access to Docket Activity Repot, (vi) US District Court LA and Clerk Terry Nafisi - denied access to NEFs in this case.

j. For the same reasons, a reasonable person would conclude that the June 30, 2009 Judgment by Chief Judge Alex Kozinski, and Circuit Judges Richard Paez and Richard Tallman, was yet another layer of fraud on Richard Fine and the people. [5] Please also notice that: (i) Such Order was unsigned, (ii) Such Order was served on Richard fine and on me with no authentication at all, and (iii) The US Court of Appeals, 9th Circuit and its Clerk Molly C Dyer - denied access to the NEFs.

In sum: The judges and clerks marked in red above engaged in multi-layered Kozinski Fraud [6] on Richard Fine and on the people.

I would be grateful if you could provide:

a. Copy of the Register of Actions (California docket) in this case;

b. Minute Order that you previously referred to, and

c. Any other evidence that a case of the caption and number listed above was an honest, valid and effectual case of the Superior Court of California, County of Los Angeles.

2) Page 2.  My reading of it was of an invalid, ineffectual, false and deliberately misleading Remand Order. However, the office of Sheriff Lee Baca insisted that it was a Removal Order. 

I would be grateful for could provide a reasonable explanation, in your capacity as an attorney, regarding the nature of the record in page 2.

In conclusion, I would be grateful for your response on the issues, but must again request that you cease and desist your collusion in fraud on Richard Fine and on the People in propagating false and deliberately misleading court records and legal information.
Truly,

Joseph Zernik
P.S. I would be grateful if you could provide a good pic of yours for my blog at: http://inproperinla.blogspot.com/ where you could find some other great patriotic pics.
__________________
Linked Records:
[1] Records which were forwarded by Attorney Ron Gottschalk on December 18, 2009, and were purported to be court records for conviction of Richard Fine.
http://inproperinla.com/09-12-18-from-gottschalk-23721248-marina-strand-case-dkt-204-judgment-and-order-of-contempt-signed-3-24-09.pdf
[2] June 12, 2009 Report and Recommendation by Magistrate Carla Woehrle.
http://inproperinla.com/00-00-00-us-dist-ct-la-fine-v-la-county-sheriff-doc-26-mj-woehrle-amended-r-n-r-09-06-12.pdf
[3] June 29,  2009 Judgment by Judge John Walter
http://inproperinla.com/00-00-00-us-dist-ct-la-fine-v-la-county-sheriff-doc-30-filed-09-06-29-judge-walter-judgment-dismiss-habeas-corpus.pdf
[4] July 2,  2009 Related Transactions report.
http://inproperinla.com/00-00-00-us-dist-ct-la-fine-v-la-county-sheriff-09-07-02-rekated%20transactions.pdf
[5] June 30, 2009 Order by Chief Judge Kozinski, and Circuit Judge Richard Paez and Richard Tallman
http://inproperinla.com/00-00-00-us-app-ct-9th-fine-v-sheriff-of-la-09-71692-doc-04-order-denying-s.pdf
[6] What are Kozinski Fraud and Kozinski Culture?
http://inproperinla.blogspot.com/2009/12/09-12-01-what-is-kozinski-fraud.html

Ron Gottschalk's writing

X-McAfee-Timeout-Protection: 1
X-MSK: 2BIG
X-Authority-Analysis: v=1.0 c=1 a=3RpGoAhz56AA:10 a=j70kkp8B3MnGH4JLjcAA:9 a=EVLjv7qIJXYkyB9QkCQA:7 a=bTHepP4bWodohl2kbgk0z-rmD0kA:4 a=n3BslyFRqc0A:10 a=bhkaYMs-ANYA:10
X-Cloudmark-Score: 0
X-Originating-IP: 75.84.222.91
From: "Ron "
To: "'joseph zernik'" ,
        
Subject: These are the court documents re Richard Fine's civil contempt conviction- CIVIL contempt & not criminal contempt.
Date: Fri, 18 Dec 2009 02:09:51 -0800
X-Mailer: Microsoft Office Outlook 11
Thread-Index: Acp/yjQBYmI8RRSeTdWnFKgk/SrvMw==
X-ELNK-Received-Info: spv=0;
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;

 23721248-Marina-Strand-case-Dkt-204-Judgment-and-Order-of-Contempt-signed-3-24-09.pdf
Joseph Zernik's writing

Date: Fri, 18 Dec 2009 02:02:18 -0800
To: "Ron "
From: joseph zernik
Subject: Please cease and desist participating in fraud against Richard Fine, regardless of your personal problems.
Cc: lawsters@googlegroups.com

Ronald Gottschalk, Esq
By email

Dear Mr Gottschalk:
In our phone conversation today you stated, that in your capacity as an attorney, you were informing me that:

1. Richard Fine was never arrested.
2. There was no need for a Warrant to arrest Richard Fine, since it involved contempt.
3. Richard Fine was convicted of contempt.
4. There was a Minute Order to that effect.

In response, I challenged each and every one of your statements (1) through (4), above, as false and deliberately misleading. Furthermore, I asked you to provide honest, valid, and effectual court records of:

a) Conviction of Richard Fine on Contempt

b) Minute Order that you referred to, whichever it was.

In reply you only repeated your threats against me.  I considered each and every one of your statements above as evidence of your participating in the fraud against Richard Fine.  Regardless of your compromised conditions,  I request that you please cease and desist spreading false and deliberately misleading information regarding Richard Fine. 
The true and correct facts in the matter were:

1. Richard Fine was arrested with no warrant.
2. Richard Fine was never convicted of contempt.
3. For such reasons Richard Fine was held in a hospital room, with no medical reason whatsoever, off the count of inmates in the jail, and off the record of booked inmates.

In case you disagree, I hope that you would provide, in your capacity as an attorney, honest, valid, and effectual copies of records, listed above in (a), and (b). It would have been simple, it would have been easy, if such records had ever existed.
Truly,

Joseph Zernik
P.S. Please confirm that the picture below was of you, so that I may post it on my web site as such. I would be grateful for a better pic.

III. CC

• Prof Richard Posner, University of Chicago Law School - as a request for the initiation of corrective actions.
• Law school faculty
• James C Duff, Director, Administrative Office of the US Courts
• Glenn A Fine, Inspector General, US Dept of Justice - as an addendum to complaint about wide-spread corruption of the justice system in Los Angeles County, and refusal of FBI and U.S. DOJ senior officers to accord Equal Protection, providing instead fraudulent responses to inquiries by U.S. Congress.
• Other Inspector Generals - as an addendum to complaints about widespread corruption in Los Angeles County, and refusal of US government to enforce the law.
• Mark J. Sullivan, Director, US Secret Service: As a request for investigation, pursuant to the US Secret Service mission statement and primary investigational jurisdiction - in safeguarding the integrity of the financial system - particularly - large computer systems.
• NavanNaethem Pillay, UN High Commissioner for Human Rights
• Nout Wellink, Chair, Basel Accords Committee
• Lee Baca, Los Angeles Sheriff, as a repeat request to access the warrants of RF and NR1 - to inspect and to copy.

IV. The Usual

IN SHORT - KOZINSKI MUST RESIGN!

"This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.

09-12-19 Asking Atty Ron Gottschalk to cease and desist spreading fraudulent information regarding Richard Fine.

Date: Fri, 18 Dec 2009 02:02:18 -0800
To: "Ron "
From: joseph zernik  

Subject: Please cease and desist participating in fraud against Richard Fine, regardless of your personal problems.
Cc: lawsters@googlegroups.com

Ronald Gottschalk, Esq
By email

Dear Mr Gottschalk:

In our phone conversation today you stated, that in your capacity as an attorney, you were informing me that:

1) Richard Fine was never arrested.

2) There was no need for a warrant to arrest Richard Fine, since it involved contempt.

3) Richard Fine was convicted of contempt.

4) There was a Minute Order to that effect.

In response, I challenged each and every one of your statements (1) through (4), above, as false and deliberately misleading. Furthermore, I asked you to provide copies of honest, valid, and effectual court records of:

a) Conviction of Richard Fine on Contempt

b) Minute Order that you referred to, whichever it was.

In reply you only repeated your threats against me. 

I considered each and every one of your statements above as evidence of your participating in the fraud against Richard Fine.  Regardless of your compromised conditions,  I request that you please cease and desist spreading false and deliberately misleading information regarding Richard Fine. 

The true and correct facts in the matter were:

1) Richard Fine was arrested with no warrant.

2) Richard Fine was never convicted of contempt.

3) For such reasons Richard Fine was held in a hospital room, with no medical reason whatsoever, off the count of inmates in the jail, and off the record of booked inmates.

In case you disagree, I hope that you would provide, in your capacity as an attorney, honest, valid, and effectual copies of records, listed above in (a), and (b). It would have been simple, it would have been easy, if such records had ever existed.

Truly,

Joseph Zernik
P.S. Please confirm that the picture below was of you, so that I may post it on my web site as such. I would be grateful for a better picul for a better pic.