David Pasternak, Esq
Pasternak, Pasternak, Patton, LLP
By email
I am writing to kindly request that you withdraw the November 24, 2009 Declaration and Proposed Order
[ii],
[iii] and December 18, 2009 Declaration
[iv] forwarded by you, via USPS first class mail to my La Verne PO box. Both declarations were false and deliberately misleading, including evidence of more predicated acts than were required for conviction for racketeering, pursuant to RICO - Racketeer Influenced and Corrupt Organizations Act 18 USC 1961-1968.
I am also writing to again urge you to resign from any position in public or private legal organizations, including - in particular - your service as Treasurer of the Chancery Club, and any position that you may hold in Bet Tzedek.
[v] You ought to be considered a disgrace to any self-respecting, law-abiding legal organization.
Your declarations, referenced above, were replete with false and deliberately misleading court orders and judgments, which were fraud on their faces - none included authentication. Yet, you falsely represented them as valid and effectual (see details below).
Your declaration should be particularly noted by law enforcement and banking regulators, given the evidence provided in them for collusion in alleged racketeering by large and small financial institutions, as detailed below. Of particular concern was the part of Bank of America Corporation in this matter – recipient of some $200 billions in bailout funds in the past year and a half. The alleged criminality of Bank of America Corporation was almost exclusively through its Bank of America Home Loans subsidiary (formerly – Countrywide) and Sandor Samuels – Associate General Counsel (formerly – Chief Legal Officer of Countrywide Financial Corporation). To this date Bank of America Corporation failed to respond on complaint pending before Office of the Comptroller of the Currency in this matter (Case #00971981). The facts detailed below, and failure of law-enforcement, SEC, and banking regulators to act in the past three years, raise serious concerns regarding the standing of the US as good faith party to the Basel Accords.
A) In his most recent declaration David Pasternak still failed to address the fundamentals of the fraud in his conduct in court, as opined by decorated FBI agent fraud expert
1) Although you designated yourself as "Receiver" in both Declarations, you failed to ever list any Section of the Code that provided the legal foundation for such designation or such authority.
2) Although you purported to act to enforce a judgment - no Judgment record was ever included in your records. The reason was obvious - there was never any honest valid and effectual judgment in the case, which to this date was listed as "Pending".
3) You failed to address my primary claim - that you never held an entered, honest, valid, and effectual
Appointment Order. Yet – you continued to hold yourself out to be a "Receiver". However, you again included false and deliberately misleading, invalid, ineffectual papers, misrepresenting them as valid and effectual court records.
[vi],
[vii]
4) You failed to address the opinion of
James Wedick, FBI veteran and fraud expert, who opined that your conduct amounted to "fraud being committed", and who recommenced that an "investigation be immediately instituted."
[viii]
5) You again included in your papers a false and deliberately misleading "Indemnity Agreement", generated through collusion by you, Attorney
Richard Ormond of
Buchalter Nemer, and retired Judge Patricia Collins - to indemnify
Mara Escrow Company, a subsidiary of
Old Republic International (ORI) pertaining future criminalities.
Absent such false agreement, the escrow company refused to collude in your conduct.
[ix]
6) You included in your declarations as exhibits false and deliberately misleading records of the US District Court Los Angeles, with no authentication at all (no NEFs). You did so for a good reason - no NEFs were ever served with such orders, since they were false and deliberately misleading court records.
[x],
[xi],
[xii],
[xiii]
Therefore, let me repeat my statements clearly: Mr Pasternak - you engaged and continue to engage in a lawless conduct that had to be deem as racketeering upon review by a competent court of jurisdiction. You did so, not only in my case, but also in numerous other cases of real estate fraud by the Superior Court of California, County of Los Angeles. You ought to be deemed central to such cases of real estate fraud by the court, and you probably could claim the largest hand-on contribution to LA County being listed as #1 in the nation (one FBI agent claimed - "in the world") in real estate fraud cases for well over a decade.
C. False imprisonment of Richard Fine was based on such false, unentered judgment - by Judge David Yaffe
Today, the most notorious example of the
LA-JR scheme related to false entry of judgment involved the false imprisonment of 70 year old, former US prosecutor, anti judicial corruption activist Attorney
Richard Fine.
[xvi] Starting in 2001, he exposed and protested the then secret payments by Los Angeles County to all ~450 judges and >100 commissioners, to the tune of >$45,000 per judge, per year. Such payments were ruled in October 2008 "not permitted". The matter prompted the signing on February 20, 2009 of pardons for all judges by the Governor of California.
Less than two weeks later, on March 4, 2009, in open court,
Richard Fine was taken by the
Sheriff Department Warrant Detail - albeit - with no warrant at all, with no conviction and with no sentencing. He has been falsely held in a hospital room in Los Angeles men's jail ever since, although no claims were ever made of any illness that necessitated such false forced hospitalization.
Richard Fine has been held by now for 9 months in solitary confinement - "off the record" and 'off the inmate count".
[xvii]
D. Elements of racketeering by David Pasternak, the LA-JR, and others in Samaan v Zernik
The evidence for the alleged racketeering was overwhelming. It was overviewed below per standards of (1) Conduct (2) of and Enterprise (3) in a Pattern, and (4) of Racketeering Activity.
1)
CONDUCT here involved continuous activity of
David Pasternak and others not only in
Samaan v Zernik (SC087400) and
Galdjie v Darwish (SC052737) but also in numerous other cases identified through a search in the office of Registrar/Recorder. The conduct involved an organized group of judges, clerks, and sheriff department personnel, on the one hand, and financial institutions and attorneys on the others. It reflected what was described in official reports as "[sub]cult of criminality" tolerated in the ranks of LA County justice system.
[xviii]
a)Corporations and Financial Institutions:
In Samaan v Zernik the following corporation and financial insinuations were involved:
i) Countrywide Financial Corporation - prior to July 1, 2008. The conduct of Countrywide Financial Corporation allowed Dr Joseph Zernik to file already in January 2007 a detailed complaint with FBI Los Angeles, describing the conduct of the Legal Department, headed by Sandor Samuels as a corrupt organization. Moreover, already then Dr Zernik described in detail the large-scale fraud on share holders and the US Government in the design and operation of EDGE – the underwriting case management system.
In
Samaan v Zernik Countrywide initiated in July 2007 the false employment of
Bryan Cave, LLP as a false outside counsel. The scheme was described in details and was rebuked by the Hon Jeff Bohm in his Memorandum Opinion in March 2008.
[xix]
i) Bank of America Corporation - after July 1, 2008 Countrywide, now Bank of America Home Loans, continued the fraudulent scheme – to this date – of false employment of Bryan Cave, LLP as a false outside counsel. However, the office of General Counsel in Charlotte, North Carolina, routinely informed Dr Zernik that Bryan Cave, LLP was NOT authorized to appear or represent Bank of America Corporation. Yet – Bank of America Corporation never stopped such appearances, in disregard of multiple notices.
Involvement of Bank of America Corporation in what was claimed to amount to racketeering must be deemed particularly serious. Bank of America Corporation was the recipient of some $200 billions in bailout funds in the past year and a half. US Government made repeated representations that it “shore up” banking regulation. Regardless of numerous complaints to FBI, Thrift Supervision, Federal Trade Commission, and SEC, no law enforcement agency ever took any steps to bring racketeering by Bank of America Corporation to an end.
Complaint is currently pending before Office of the Comptroller of the Currency, Case #00971981, but Bank of America Corporation simply ignored the time frames prescribed by law, and never responded to the complaint at all. OCC never made any attempt to enforce the law so far either.
Complaint is presumably pending before SEC.
Complaint is said to be pending before the Inspector General of the US Department of Justice.
ii) Mara Escrow Company - a subsidiary of Old Republic International (ORI) – the Beverly Hills based escrow company engaged in various falsifications of records, and participated – through Buchalter Nemer in false proceedings to issue a false and deliberately misleading Indemnity Agreement for future criminalities.
iii) Union Bank – a national bank colluded in the alleged criminalities. Complaint is pending before OCC.
iv) USC Credit Union – colluded in alleged criminalities in November-December 2007. In response to requests for explanations, it produced in 2008-09 a series of false and deliberately misleading record – by its president, purporting to be “Custodian of Records”.
v) United Title – was central to the alleged criminalities.
It should be noted that such corporation involved in monetary transactions with Attorney David Pasternak, which must be deemed upon review money laundering.
b)
Judges:
[xx]
In
Samaan v Zernik alone, more than 10 judges of the Los Angeles Superior Court were involved, none with an Appointment Order, including, but not limited to:
i)
Judge
Jacqueline Connor - was central to the alleged racketeering scheme.
She was best remembered for her close ties to Rafael Perez and the Rampart CRASH officers prior to the Rampart Scandal (1998-2000), and her alleged perversion of justice in the First Rampart Trial -2000).
[xxi] Her conduct, was the cause of the ongoing false imprisonment in Los Angeles County, for over a decade, of many thousands of
Rampart-FIPs (Falsely Imprisoned Persons).
[xxii] A person reviewing the matter as a whole would most likely conclude that she was and is the central figure of the
LA-JR.
ii) Judge John Segal - best remembered for conducting a "bench trial" - with his identity concealed in the Register of Actions as "Muni Judge" in 2002 - to deprive Ms Barbara Darwish of property).
iii) Judge Terry Friedman - Bet Tzedek friend.
iv) Judge Richard A Stone - the most recent addition to the list of judges who agree to engage in racketeering.
The Clerk of the Court - John A Clarke, and Counsel of the Court - Frederick Bennett must be deemed central to the LA-JR as well. It should be noted that LA Superior Court involved in monetary transactions with Attorney David Pasternak, which must be deemed upon review money laundering.
Racketeering of the LA-JR in Samaan v Zernik was aided and abetted by the US District Court Los Angeles, in this case and others:
i) Magistrate Carla Woehrle – one should also note her central role in alleged racketeering in re: habeas corpus petition of Richard Fine.
ii) Judge Virginia Phillips
The Clerk of the Court - Terry Nafisi was central to the issuance of invalid orders and judgments, in this case and others. The court collected fees, and allegedly violated implied guarantee for honest services.
c) White Collar Crime Figures:
Others involved included White Collar Crime figures, including, but not limited to:
i) Jae Arre Lloyd (formerly
Timothy Lloyd Morrow) - a convicted while collar crime felon,
who doubled as a Countrywide "loan originator", and who continues to hold himself out as a "Loan Consultant", or even a "Lender" and to operate a branch of a loan brokerage in Beverly Hills to this date.
[xxiii],
[xxiv]
d) Attorneys and Law-Firms:
Numerous attorneys were involved - first and foremost among them - attorneys from the offices of:
i) Sheppard Mullin – the role of Sheppard Mullin was particularly of concern, since Presiding Judge Charles McCoy, a former partner in the firm, was routinely informed for over two years, of the alleged racketeering by his former law firm, but refused to initiate any corrective actions.
ii)
Bryan Cave, LLP – was central to alleged racketeering in this case, through false employment as false outside counsel first by Countrywide and later by Bank of America Corporation.
The firm’s headquarters in St Louis MI were routinely informed.
The only response received was that the matter was reviewed by the Risk Reduction Committee.
[xxv]
iii) Buchalter Nemer - represented both Mara Escrow and ADR in various alleged criminalities, including, but not limited an incognito appearance on December 7, 2007, where Attorney Richard Ormond appeared before Judge Lisa Hart-Cole, but both the attorney and the judge refused to disclose his name, and identity of his client.
2) ENTERPRISE was characterized by the use of the court setting for conducting robbery under the guise of legitimate court actions, and at the same time intimidating and retaliating against a victim/informer/witness.
3) PATTERN - was in actions such as your numerous mailings and report, notices by clerks, and the compilation of false records into completely fraudulent court files, which in fact were never matters of the Superior Court of California, County of Los Angeles. The Presiding Judge and Clerk of the Court denied multiple requests over the past two years to certify any of the related cases.
4) RACKETEERING ACTIVITY was credibly evidenced - pertaining to of predicated acts per 18 USC 1961, including, but not limited to multiple instances of the following predicated acts per 18 USC 1961:
a) Related to robbery per state law – forcing Dr Joseph Zernik to vacate his residence under threat of force – unlawful but credible – followed by forced entry into the property by Attorney David Pasternak.
b) Mail fraud per 18 USC 1341 - including current declarations.
c) Wire Fraud per 18 USC 1343 – by Samaan, Lloyd, and Countrywide. By Pasternak relative to email communications.
d) Financial institution fraud 18 USC 1344 – by Countrywide and Bank of America Corporation, among others
e) Obstruction of justice 18 USC 1503 – by Bryan Cave, LLP and Bank of America Corporation
f) Retaliation against a witness, victim, or an informant 18 USC 1513 – by Bryan Cave, LLP and Bank of America Corporation.
g) Monetary transactions in property derived from specified unlawful activity 18 USC 1957 – by David Pasternak, Bryan Cave, LLP, Bank of America Corporation. LA Superior Court and others.
h) Deprivation of honest services by public officials 18 USC 1346 – by judges and clerks of LA Superior Court and US District Court LA
Mr Pasternak: You are again urged to withdraw your November 24, 2009 and December 18, 2009 Declarations, which must be deemed upon review as evidence of your racketeering activity. You are likewise urged to resign from the Chancery Club and Bet Tzedek. You ought to be deemed a disgrace for any law-abiding organization.
Dated: December 21, 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
CC:
1. Basel Accords Committee - as additional evidence of failure of the US Government to act as a good faith party to the accords.
2. Kevin Bailey - Deputy Comptroller of the Currency, and US representative to the Basel Accords Committee, as an addendum to Case #00971981 against Bank of America Corporation, acknowledged October 6, 2009, where neither Bank of America Corporation, nor US Office of the Comptroller of the Currency provided responses within the time frames prescribed by law and regulations.
3. Glenn A Fine, Inspector General of the US Department of Justice, as an addendum to complaint against Kenneth Kaiser - Assistant Director of FBI, and Kenneth Melson - Director of the Office of Attorney General - for refusing to accord Equal Protection under the law to the 10 millions who reside in Los Angeles County, California, and for engaging in alleged fraud in responses to Congressional Inquiries in this regard, filed in August-September 2008 by the Honorable Dianne Feinstein - Senator, and the Honorable Dianne Watson - Congresswoman, on behalf of Joseph Zernik, Los Angeles County resident, who claimed that US Department of Justice tolerated for several decades widespread corruption of the judges of the Superior Court of California, County of Los Angeles, which amounted to racketeering by the LA-JR (Los Angeles Judiciary Racket).
4. Sandor Samuels - Associate General Counsel of Bank of America Corporation - as a request for his comments or corrections regarding statements alleging his criminality.
6. John A Clarke - Clerk of the Court, as a request for his comments/corrections regarding statements pertaining to collusion in crimes by the his office.
7. Jeff Modisett - Office Managing Partner - Bryan Cave, LLP - a white collar crime expert, and former Attorney General of the state of Indiana - as a request for his comments/corrections regarding statements pertaining to collusion in crimes by the court Countrywide and Bryan Cave, LLP.
8. Brian Moynihan - incoming CEO/President of Bank of America Corporation, as part of a notice pursuant to Sarbanes Oxley Act (2002) 307.
9. Mary Schapiro - SEC Chair - as an addendum for request for investigation by SEC Inspector General of the refusal of SEC in the past three years to enforce the law on Countrywide, and later - Bank of America Corporation, in disregard of overwhelming evidence of criminality by Sandor Samuels, holder of reporting duties pursuant to Sarbanes Oxley Act (2002).
10. Mitch Kamin - President of Bet Tzedek - as a request for his comments/corrections regarding statements pertaining to collusion of Bet Tzedek in crimes by Sandor Samuels, David Pasternak, and Terry Friedman. It was no longer clear whether Bet Tzedek was an organization committed to promotion of justice, a social club for racketeers, or perhaps a mixed-use organization.
11. Alejandro Mayorkas - former US Attorney for the Central District of California, as a request for his comments/corrections regarding statements previously made, that he engaged in engineering and/or execution of a large scale cover-up of the widespread corruption of the Superior Court of California, County of Los Angeles, during the Rampart Scandal (1998-2000) and its aftermath, particularly - in handling the linked cases of Rafael Perez and Jacqueline Connor. [21]