10-01-12 Correspondence with Mary Schapiro - Chair, SEC, Kevin Bailey - Deputy Comptroller of the Currency, Brian Moynihan - President, Bank of America (BAC), and the Basel Accords Committee

 

Date: Tue, 12 Jan 2010 08:35:28 -0800
To: "US Gov, NGOs, and law school faculty"
From: joseph zernik
Subject: Correspondence with Mary Schapiro - Chair, SEC, Kevin Bailey - Deputy Comptroller of the Currency, Brian Moynihan - President, Bank of America (BAC), and the Basel Accords Committee in re: Conduct of Countrywide and BAC Home Loans in the courts of Los Angeles County, California.

To: US government agencies, NGOs, and law school faculty

RE: Correspondence with Mary Schapiro - Chair, SEC, Kevin Bailey - Deputy Comptroller of the Currency, Brian Moynihan - President, Bank of America (BAC), and the Basel Accords Committee in re: Conduct of Countrywide and BAC Home Loans in the courts of Los Angeles County, California.

The correspondence below pertains to allegations of racketeering by Countrywide's Legal Department, later BAC Home Loans, in the courts  of Los Angeles County, California, under the direct guidance of Sandor Samuels, former Chief Legal Officer of Countrywide and today - Associate General Counsel of BAC.

The correspondence further pertains to refusal of BAC to respond to complaint filed with office of the US Comptroller of the Currency, Case # 00971981, regarding the conduct of Countrywide and BAC in the courts of Los Angeles County, California.

The correspondence also pertains to refusal of SEC to investigate complaints on such matters since early 2007.

Finally, the correspondence included repeat notices to Brian T Moynihan, President of BAC and to the legal staff of BAC, regarding reporting requirements pursuant to Sarbanes Oxley Act (2002) 307.

The conduct of Mr Moynihan relative to certifications pursuant to Sarbanes Oxley Act (2002) in his first periodic reports would be telling regarding the nature of his tenure at the helm of BAC, just beginning.

The conduct of US regulators, as seen so far in this case, contradicted any statement by regulators to US Congress of "shoring up" the system.  Moreover, such conduct by US regulators exposed US and world financial markets to unreasonable risks.  Such conduct by US regulators defied any notion of the US as a good faith party to the Basel Accords, or compliant with ratified International Law.

Truly,

Joseph Zernik
http://inproperinla.blogspot.com/
http://www.scribd.com/Free_the_Rampart_FIPs
Patriotic pics of Sharon Stone, Beyonce' Knowles, and Charlize Theron,
Coming soon- deep house music!

____________________________________
Table of Contents:

A. January 11, 2010: Joseph Zernik to Mary L Schapiro, SEC Chair;

RE: Addendum to complaint against BAC, pertaining to refusal to respond to OCC, Case #00971981

B. January 11, 2010: Mary L Schapiro, SEC Chair to Joseph Zernik;

RE: Acknowledgment of receipt and reading of complaint against BAC and referral to staff.

C. January 10, 2010: Joseph Zernik to Sandor Samuels, in-house legal staff of BAC Home Loans, and false Outside Counsel Bryan Cave, LLP;

RE: Reminder of reporting requirements per Sarbanes Oxley Act (2002) 307, and notice of material deficiencies evidenced both in OCC complaint, Case #00971981, and in refusal of BAC to respond to OCC on such complaint.

D. January 7, 2010: Joseph Zernik to Mary L Schapiro, SEC Chair

RE: Request for acknowledgment of receipt of complaint against BAC and notice to Brian Moynihan pursuant to Sarbanes Oxley Act (2002) dated Jauanry 6, 2010.

E. January 6, 2010: Joseph Zernik to Brian T Moynihan - BAC President, Mary Schapiro - SEC Chair, Kevin Bailey - Deputy Comptroller, OCC, and US representative to the Basel Accords Committee, and the Basel Accords Committee;

RE: Notice pursuant to Sarbanes Oxley Act (2002) 307, and notice of material deficiencies evidenced in OCC complaint, Case #00971981.

F. January 6, 2010 Kevin Bailey to Joseph Zernik

RE:  Refusal of BAC to respond to OCC complaint, Case #00971981

G. December 20, 2009: Brian Moynihan - BAC President to Joseph Zernik

RE: Acknowledgment of receipt and reading of notice in re: Conduct of Countrywide and BAC Home Loans in the courts of Los Angeles County, California, and refusal of BAC to respond to complaint on such matters to OCC, Case #00971981.

____________________________________
Correspondence:
____________________________________
A. On Monday, January 11, 2010, Joseph Zernik wrote:

Date: Mon, 11 Jan 2010 21:39:54 -0800
To: "Schapiro, Mary L."
From: joseph zernik
Subject: Addendum to SEC Complaint against Bank of America Corporation (BAC), receipt acknowledged by Ms Schapiro, Chair, January 11, 2010, and request for notices of responses by BAC and disposition of the case.
Bcc: "Moynihan, Brian T" "Attention Brian Moynihan" "David Kotz", "Kevin Bailey" "Attention Jacqueline van Cornewal"    "Mr Stefan Walter", "Standards implementation- Mr Jos Mara Roldn", "Validation Subgroup- Mr Maarten Gelderman", "The Operational Risk Subgroup- Mr Kevin Bailey, Deputy Comptroller", "Accounting Task Force- Ms Sylvie Mathrat",                                                                                                                   
Mary Schapiro, Chair
SEC

RE: Addendum to SEC Complaint against Bank of America Corporation (BAC), receipt acknowledged by Ms Schapiro, Chair, January 11, 2010

Dear Ms Schapiro:

Thanks for acknowledging receipt of my message of January 7, 2010.

Given that SEC never provided any reference numbers to any of my previous complaints in this matter, since early 2007,  and never acknowledges opening (of for that matter - closing) any cases in response to such complaints, let me refer from now on to instant complaint against BAC as "SEC Complaint against Bank of America Corporation (BAC), receipt acknowledged by Ms Schapiro, Chair, January 11, 2010."

Please accept my email notice below, dated January 10, 2010, as an addendum to SEC Complaint against Bank of America Corporation, receipt acknowledged by Ms Schapiro, Chair, January 11, 2010.   In the January 10, 2010 notice to attorneys of Bryan Cave, LLP and to in-house legal staff of BAC, I reminded them of reporting requirements pursuant to Sarbanes Oxley Act (2002) S 307, 17 CFR 205.  I also noticed them of the refusal of BAC to respond to OCC Case # 00971981, for over three months, in disregard of OCC's two stated "escalations" of the case.  My instant addendum claims that the refusal of BAC to respond to OCC case #00971981, in itself, was and is direct evidence of material deficiency in integrity of operations at BAC.

My complaint to OCC was supported by reports of fraud experts of the highest reputation and full documentary evidence. The allegations included, but were not limited to:
a)  Conduct that amounted to racketeering by individual affiliated or associated with Countrywide Financial Corporation (CFC), and later with BAC, at the Superior Court of California, County of Los Angeles
b) Money laundering transactions between Attorney David Pasternak and Bryan Cave, LLP - acting as purported Outside Counsel of CFC, and later BAC.
c) Tampering with a witness - Diane Frazier - former senior underwriter at CFC.
d) Harassment, retaliation, intimidation of a witness, informant and victim - Joseph Zernik.
e) Employment and court appearances by false Outside Counsel - one of the largest law firms in the US  - Bryan Cave, LLP.
f) Conduct amounting to obstruction and perversion of justice by such false Outside Counsel.
g) Direct involved in alleged criminalities by Sandor Samuels - former Chief Legal Officer of CFC, and today - Associate General Counsel of Bank of America Corporation - past and present holder of direct reporting duties to SEC.
h) Refusal of the Audit Committee of BAC to address complaints filed pursuant to Sarbanes Oxley Act (2002)

I also provided evidence that my case was not unique, that CFC Legal Department under the leadership of Mr Sandor Samuels engaged for years in similar conduct in courts across the US.

I therefore suggest that the case is worthy of attention by SEC, and request that SEC finally investigate the matter and provide me equal protection, both as a BAC shareholder and as the victim of alleged racketeering by CFC, and later - BAC Home Loans. 

Please also accept this message as a request for notices by SEC pertaining to SEC Complaint against Bank of America Corporation (BAC), receipt acknowledged by Ms Schapiro, Chair, January 11, 2010:
a) Whether a case was opened by SEC pertaining to such Complaint
b) Of responses by BAC, if any;
c) Of the final disposition of the case.

Regulation of public corporations and financial institutions, where SEC refused in the past three years to provide such basic notices to me, as the complainant, and concealed responses by CFC and BAC, if any, could not possibly be deemed as honest, valid, and effectual regulatory conduct.

Allowing allegations of the sort listed above, against senior management at BAC -  recipient of some $200 billion in bailout funds, to go unexamined by SEC, would defy any notion of integrity in US financial institutions and US Financial markets. It would also defy any notion of integrity in US banking regulation. Furthermore, failure to investigate, and if necessary - enforce the law in this case would defy any claims of the US government as good faith party to the Basel Accords, or for that matter - of compliance with ratified International Law.

Please acknowledge receipt.

Truly,

Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!

CC:
1) Brian T Moynihan, President, Bank of America Corporation.
2) Basel Accords Committee, including Mr Kevin Bailey, Deputy Comptroller of the Currency and US Representative to the
Basel Committee.
4) David Kotz - Inspector General, SEC                                                                                          

____________________________________
B. At 14:33 January 11, 2010, Mary L Schapiro, SEC Chair wrote:

________________________________
At 14:33 11/01/2010, you wrote:

I have received your message and provided it to the appropriate staff. Thank you for contacting me.

____________________________________
C. At 09:10 AM January 10, 2010, Joseph Zernik wrote:

Date: Sun, 10 Jan 2010 09:10:24 -0800
To: Jenna Moldawsky , "Amberg, John W." < jwamberg@BryanCave.com >, "Modisett, Jeffrey A, Managing Partner- LA" < jamodisett@bryancave.com >, "Samuels, Sandor - Legal" , "Boock, Todd A -Legal" , "Shatz, Sanford -Legal" , mclaurin.maria@bankofamerica.com
From: joseph zernik
Subject: RE: Samaan v Zernik (SC087400);Reporting requirements at Bank of America Corporation pursuant to Sarbanes-Oxley Act (2002) 307 - in re: Failure to respond to OCC Case #00971981; Timely response kindly requested within 5 days.

Please accept the attached digitally signed Notices, copied below. jz
_____________________________________



Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-01-10   RE: Samaan v Zernik (SC087400);
Reporting requirements at Bank of America Corporation pursuant to Sarbanes-Oxley Act (2002) 307 - in re: Failure to respond to OCC Case #00971981; Timely response kindly requested within 5 days.

John Amberg, Bryan Cave, LLP
Todd Book, Legal, Bank of America
Maria McLaurin, Branch Manager, San Rafael Branch, Bank of America Home Loans
Jeff Modisett, Bryan Cave, LLP
Jenna Moldawsky Bryan Cave, LLP
Sandor Samuels, Associate General Counsel, Bank of America
Sanford Shatz, Legal, Bank of America
By email.

Timely response kindly requested within 5 days.

Dear Mr Amberg, Mr Book, Ms McLaurin, Mr Modisett, Ms Moldawsky, Mr Samuels, and Mr Shatz:

Following are several notices and requests pertaining to Samaan v Zernik (SC087400), which require your immediate attention.  Some of the items pertain to matters, which are under purported submission with the Hon Gerald Rosenberg, and his ruling is expected on or about January 19, 2010.  In addition, some items below require your immediate reporting to the General Counsel of Bank of America Corporation, and also possibly to Mr Moynihan, President and Chair, pursuant to Sarbanes Oxley Act (2002) 307, so that they may take them into consideration relative to certifications pursuant to the same act in periodic reports to SEC and to shareholders, now due.  These would be the first such certifications under Mr Brian T Moynihan, and therefore he deserves additional notices and reports:

1)      Please be noticed of a complaint against Bank of America Corporation, which was filed with US Office of the Comptroller of the Currency (OCC) on September 29, 2009, Case #00971981.  So far, in disregard of two "escalations" of the case by OCC, Bank of America Corporation entirely failed to respond on this matter. The subject matter of the complaint to OCC is briefly outlined below.  It involved allegations of widespread criminality by individuals who were affiliated or associated with, or employed by the Countrywide Financial Corporation today Bank of America Home Loans.  If you have any questions in this regard, I would be happy to provide additional details.
2)      Please also accept this notice as my kindly request that you assist Mr Moynihan in this regard, since you are the individuals who have the first-hand knowledge of this matter.  The ongoing failure and refusal of Bank of America Corporation to respond on such serious matters, in itself must be deemed a material deficiency. 
3)      Please accept this notice pursuant to Sarbanes-Oxley Act (2002) 307 and the SEC Rule promulgated under 17 CFR 205:  Failure of Bank of America Corporation to respond at all to OCC complaint #00971981, which involved serious allegations of criminality, is in itself evidence of material deficiencies in integrity of operations and material deficiencies in effective controls at Bank of America Home Loans.
A copy of this notice will also be forwarded to Mr Brian Moynihan, to Ms Mary Schapiro (SEC), and to the members of the Basel Committee, including Mr Kevin Bailey, Deputy Comptroller of the Currency and US representative to the Basel Committee.
4)      Please accept this notice as a request that Bryan Cave, LLP, and Mr Sandor Samuels provide the full and complete information regarding monetary transactions with Mr David Pasternak from January 1, 2008 and to this date, purportedly conducted on behalf of Countrywide Financial Corporation and Bank of America Corporation.  In such transactions, Bryan Cave, LLP was acting as false Outside Counsel, purporting to collect sanctions moneys on behalf of these two corporations.  The request is for:
a.       The full and complete list of such monetary transactions with Mr David Pasternak;
b.      The dates and sums of the transactions;
c.       For statements on the record on behalf of which parties such transactions were conducted; and
d.      The designation of such income in accounting records, if any, of the two corporations.
Mr Sandor Samuels should be in unique position to respond on all such matters. He is former Chief Legal Officer of Countrywide Financial Corporation, current Associate General Counsel of Bank of America Corporation; he is holder of direct reporting duties to SEC, and also purported "Person in Interest" in Samaan v Zernik (SC087400) - the matter that was the subject of the complaint to OCC.
5)      Please also be noticed that I have recently communicated directly with Mr Moynihan, President of Bank of America, and also filed with him notices pursuant to Sarbanes-Oxley Act (2002) 307, and the SEC Rule promulgated under 17 CFR 205 pertaining to your conduct.  Such notices were sent both by email and by certified mail, return receipt, restricted delivery, and receipt was acknowledged for both methods of communications.
6)      Please be noticed that in such communications, and again, below, I provided the overview and some details regarding your conduct:

• Since September 2004 and to this date, through conduct of Maria McLaurin, you engaged in real estate and mortgage fraud - as opined by fraud experts -  in collusion with Jae Arre Lloyd, a convicted felon (on financial crimes as well), who doubles as a Bank of America Home Loans/Countrywide "Loan Originator"
• Since summer 2006 and to this date, through conduct of Maria McLaurin and the Countrywide Legal Department, you produced hundreds of false and deliberately misleading banking records in response to legal subpoenas.  Some of these records were since opined as fraud by fraud experts.
• In March 2007, through conduct of Messrs. Boock and Shatz in Meet and Confer, you denied that any Internal Audit, External Audit, Pipeline, or Imaging Reports existed in Countrywide. Mr Boock followed it up with a declaration under penalty of perjury to the same effect.
• At least since March 2007 and to this date - you engaged in alleged extortion, tampering with a witness -Diane Frazier former senior underwriter at Bank of America Home Loans, San Rafael, to prevent her from being deposed.
• At least since March 2007 and to this date - you engaged in alleged intimidation, harassment, and retaliation against a witness, informant, and victim -Joseph Zernik - in attempt to prevent uncovering of your alleged racketeering conduct. Such conduct included, but was not limited to death threats.
• Since July 2007 and to this date - you engaged in alleged obstruction and perversion of justice through employment of false Outside Counsel  - Bryan Cave, LLP.
• Since July 2007 and to this date - you engaged in alleged obstruction and perversion of justice through the fabrication of a non-existent Protective/Restraining Order, a copy of which you refused to ever provide.
• In January 2008 - as part of your intimidation and obstruction efforts, Mr Sandor Samuels, through false Outside Counsel Bryan Cave, LLP, filed Notice of Person in Interest in such matter.
• In both early 2008 and early 2009 you filed false and malicious motions for Order to Show Cause re: Contempt, and sought serious sanctions. The former motion was filed and was heard prior to Countrywide's takeover by Bank of America Corporation, and the latter- later than the takeover.   Such conduct was perpetrated by Countrywide, and later by Bank of America under the false "Non Party" designation, before a judge, Terry Friedman - who never got duly assigned to any related matter, under the caption of Samaan v Zernik (SC087400) - which the Clerk of the Court and the Presiding Judge refuse to certify as a matter litigated by the Superior Court of California, County of Los Angeles.
• In both early 2008 and early 2009 in the aftermath of such false and malicious motions for sanctions you engaged in monetary transactions with Mr David Pasternak - purported collection of sanctions, which must upon review be deemed monetary transactions in property derived from prohibited conduct and money laundering.
• Since early 2009 and to this date, the Audit Committee of Bank of America Corporation refused to respond to repeated complaints filed pursuant to Sarbanes Oxley Act (2002).
• Since October 2005 and to this date regardless of numerous notices, you continued in alleged extortion under the guise of litigation. Such alleged racketeering took place under the false caption of Samaan v Zernik (SC087400) a case, which like other captions identified since then, including Galdjie v Darwish, Marina v LA County, Sturgeon v LA County, was part of the alleged Equity/Enterprise Track of the LA-JR (alleged LA Judiciary Racket).

7)      For your convenience I will also follow with a table form review of the proceedings under the purported caption of Samaan v Zernik (SC087400), based on records I obtained from the office of the clerk of the Court on January 7, 2010. Also to be included links to all your filings in court under Samaan v Zernik (SC087400), to be posted on Scribd.

8)      Please accept this notice also as a kindly suggestion: Obviously, such direct communications by me with Mr Moynihan, as well as instant email notice, should be deemed by you as severe violations of the purported Protective/Restraining Order, which you failed to ever produce a copy of.   Therefore, please accept a kindly suggestion that Bryan Cave, LLP, acting as false Outside Counsel for Bank of America Corporation, immediately proceed with false filings in court, under false party designation of "Non Party", to enforce the false Protective Order, through one more malicious and fraudulent motion for OSC Contempt and Order to Impose Sanctions with the Superior Court of California, County of Los Angeles, under false caption of Samaan v Zernik (SC087400).

9)      Please accept this notice also as an additional kindly suggestion: My ongoing purported violations of the purported Protective/Restraining Order make it entirely unreasonable to terminate the purported "Receivership" of Mr Pasternak at this time.  I am going to follow up with a suggestion letter in this regard to the Honorable Gerald Rosenberg, Supervising Judge, of which you will be served copies.  I kindly suggest that you join me in such recommendations to the Hon Rosenberg. 

10)   Please also accept this notice as a kindly request: There is also a purported request for a bonus by Mr Pasternak, under purported submission with the Hon Rosenberg.  I hope that you share my sentiments in this regard, and that you would join me in suggesting that not only Mr Pasternak, but also the Hon Rosenberg be awarded bonuses in this case. 

Obviously, there was hardly any money in this deal. A good number of financial institutions were involved: Bank of America Corporation, Bank of America Home Loans, Coldwell Banker Residential Brokerage, Countrywide Financial Corporation,  Countrywide Home Loans Inc, Mara Escrow, Pacific Mortgage Consultants, Old Republic International, Union Bank, United Title, USC Credit Union.  Such list alone shows that there was not nuff guddah to go around.  However, there is no doubt that Mr Pasternak and the Hon Rosenberg do deserve their bonuses, even if many of those who colluded never got compensated at all.

In case the questions comes up - I am not an attorney, not even by a long shot - however, I do not see any legal reason to prohibit the Hon Rosenberg from taking such bonus.  After all, like ALL judges of the Los Angeles Superior Court he has been taking bonuses that were not permitted from Los Angeles County for years, for which he, like ALL judges received retroactive immunities/pardons, signed into law by the Governor on February 20, 2009.  I do not see any reason why judges of the Superior Court would not take bonuses (voluntary, or coercive) also from private parties who appear in litigations before them.  If necessary, the language of the existing pardons could be expanded, or simply liberally construed, if it ever comes to be heard before the courts.

11)  Regarding Mr Terry Friedman, who falsely represented himself as Presiding Judge in this purported caption for full two years:  I did not include him in the recommendation for bonuses, since I believed that he had already been adequately compensated by Countrywide Financial Corporation, Bank of America Corporation and/or Sandor Samuels.  After all, for full two years since January 2008, Mr Terry Friedman has refused to serve his duly required Assignment Order as Presiding Judge in the purported caption.  Mr Terry Friedman also refused, since January 2008 to provide a statement on the record, pursuant to the California Code of Judicial Ethics, regarding financial benefits, if any, to him or to family members residing with him, from parties in this case. 

Timely response kindly requested within 5 days.

Dated: January 10, 2010
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
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

____________________________________
D. At 6:27 AM January 7, 2010, Joseph Zernik wrote:

---

From: joseph zernik [mailto:jz12345@earthlink.net]
Sent: Thursday, January 07, 2010 6:27 AM
To: Schapiro, Mary L.
Subject: OCC Case #00971981: Request for response by Bank of America Corporation, and notice pursuant to Sarbanes Oxley Act (2002) S 307, 17 CFR 205

TO Mary Schapiro, SEC Chair

Dear Ms Schapiro:

Please accept this notice as a repeat request for acknowledgement of receipt of the notice provided to both Mr Moynihan, President of Bank of America Corporation (BAC), and to SEC, pursuant to Sarbanes Oxley Act (2002) 307, promulgated as SEC rule under 17 CFR 205, copied below, and attached as a digitally signed letter. 

Your failure to acknowledge receipt again stood out among other recipients of the notice, including both US officials and members of the Basel Committee - on a matter which directly pertains to compliance of Bank of America Corporation (BAC) with SEC regulations, or lack thereof.  

Dated January 7, 2009,
Truly,

Joseph Zernik

____________________________________
E. January 6, 2010, Joseph Zernik wrote:

___________________
 

Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
January 6, 2010

Mr Brian Moynihan, President
Bank of America Corporation
By email.
Customer Assistance Group
Office of Comptroller of the Currency
By fax: 713 336 4301

Mr Kevin Bailey, Deputy Comptroller and
US Representative to the Basel Accords Committee
By email

Basel Accords Committee
By email

RE: OCC Case # 00971981, complaint against Bank of America Corporation (BAC), and repeat notice to Mr Moynihan, pursuant to Sarbanes-Oxley Act (2002) 307 and SEC Rules promulgated under 17 CFR 205.

Dear Mr Moynihan, Mr Bailey, Office of the Comptroller of the Currency, and Members of the Basel Accords Committee:

In phone conversation today with a Customer Assistance Group specialist, I was told that Bank of America Corporation still has not replied to complaint, reference above, filed with office of the US Comptroller of the Currency (OCC) on September 29, 2009 -  regarding large scale fraud in operations of Countrywide Financial Corporation (CFC) and its Legal Department, headed by Sandor Samuels, then Chief Legal Officer.  The core fraud in this case real estate fraud and financial institution fraud was opined by a fraud expert second to none - highly decorated FBI veteran  - James Wedick. He was decorated by US Congress, by US Attorney General, and by FBI Director. [1] Moreover, in an unusual email note, he explained that the FBIs refusal to provide equal protection in this case since January 2007, was related to FBIs reluctance to expose the widespread corruption of judges of what Mr Wedick called the Los Angeles Circuit. [2]  My losses due to the fraud opined by Mr Wedick exceeded $2 millions.

My complaint further alleged that after the takeover of CFC by BAC the same individuals continued to serve at BAC in positions that were critical to the integrity of operations, or lack thereof, at Bank of America Home Loans, including, but not limited to Sandor Samuels now Associate General Counsel of BAC.  Moreover, after the takeover, BAC allowed the continued alleged obstruction and perversion of justice, by employment of Bryan Cave, LLP, under the guidance of Sandor Samuels, at a time that office Timothy Mayopoulos, then General Counsel of BAC, repeatedly informed me that Bryan Cave, LLP was not authorized as an Outside Counsel of BAC, and was not authorized to represent or appear on behalf of BAC.

To simplify review of the matter by BAC, I reduced the hundreds of pages of alleged fraud documents (some by now opined as fraud by Mr Robert Meister, another nationally acclaimed fraud expert), which had been produced by CFC and BAC in this case in the past four years, to a list of six (6) records, which BAC and its Audit Committee have been requested to authenticate or repudiate. [3]  CFC, BAC, and its Audit Committee refused to respond to such requests, filed as complaints pursuant to the Sarbanes Oxley Act (2002).

This letter to Mr Moynihan is the first in his new capacity as President of BAC, as an appeal that he facilitate a response by BAC, long overdue, to the complaint filed with OCC September 29, 2009, referenced above.  It is also a repeat notice pursuant to Sarbanes Oxley Act 307 and SEC Rules under 17 CFR 205. This letter is also addressed to OCC and Mr Kevin Bailey, since failure of OCC to obtain any response from BAC on the complaint, undermines any claims by US government and US banking regulators of shoring up the system.

This letter is also addressed to members of the Basel Accord Committee, as a notice of the ongoing failure of US government and BAC to comply with basic tenants of the Pillars of the Basel Accords. Needless to say, such conduct undermines any notion of valid risk assessment or risk reduction in banking operations at one of the largest US financial institutions.

Sincerely,
 
Joseph Zernik

Linked Records:
[1] Resume of Mr James Wedick, and opinion letter regarding real estate fraud in conjunction with the Union Bank transactions, which were the subject of the complaint.
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf
[2] Email note by Mr James Wedick, explaining the refusal of FBI to provide equal protection in this case since January 2007 in reluctance to expose the widespread corruption of judges in the Los Angeles Circuit. In contrast, one should be reminded that concomitantly FBI defined Los Angeles County as the epicenter of the epidemic real estate and mortgage fraud, and stated that it was a high national priority to fight such epidemic. Separately, FBI made numerous statements regarding its standing policy to vigorously investigate all allegations of public corruption.
http://inproperinla.com/08-08-21-refusal-to-investigate-fbi-wedick-letter-s.pdf
[3]  List and links to six records that represent the core fraud in conduct of CFC and BAC in the matter that was subject to complaint filed with OCC, Case # 00971981.
http://inproperinla.com/09-04-17-list-of-six-key-records-for-bac-audit-committee-review-s.pdf
CC:
1)      Glenn A Fine, Inspector General  - US Department of Justice, as an addendum to complaint against Kenneth Kaiser and Kenneth Melson for alleged fraud in responses to US Congress on this matter in August September 2008, and refusal to provide equal protection in Los Angeles County.
2)      David Kotz, Inspector General SEC, as an addendum to complaint regarding SECs refusal to investigate complaints of fraud in operations of both CFC and Bank of America Home Loans.
3)      Eric Thorson, Inspector General US Dept of the Treasury, as an addendum to complaint regarding refusal of Office of Thrift Supervision and Federal Trade Commission to enforce the law on CFC in complaints filed starting in early 2007, when CFC was subject to their regulatory jurisdiction.
4)      Mary Schapiro, Chair - SEC as an addendum to complaint against BAC.

____________________________________
F. At  08:30 AM, January 6, 2010, Kevin Bailey wrote:

X-MSK: CML=0.501000
From: "Bailey, Kevin"
To: "jz12345@earthlink.net"
Date: Wed, 6 Jan 2010 08:30:25 -0500
Subject: Read: OCC Case #00971981: Request for response by Bank of America
  Corporation, and notice pursuant to Sarbanes Oxley Act (2002) S 307,  17
 CFR 205
Thread-Topic: OCC Case #00971981: Request for response by Bank of America
  Corporation, and notice pursuant to Sarbanes Oxley Act (2002) S 307,  17
 CFR 205
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____________________________________
G. At 18:56 December 20, 2009, Brian Moynihan wrote:

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Date: Sun, 20 Dec 2009 18:56:35 -0500
From: "Moynihan, Brian T"
Subject: Read: Fwd: Pending complaints against Bank of America Corporation (#00971981),
 and against Union Bank (#00974775), both acknowledged by  US Office of the Comptroller of Currency on
 October 4, 2009.
To: joseph zernik
Thread-topic: Pending complaints against Bank of America Corporation (#00971981),
 and against Union Bank (#00974775), both acknowledged by US Office of the Comptroller of Currency on
 October 4, 2009.
Thread-index: AcqBz0Un0Kd73UibTXurJVDzGAV9YQAAMqSo
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Your message

  To:      Moynihan, Brian T; Bailey, Kevin
  Subject: Fwd: Pending complaints against Bank of America Corporation
(#00971981), and against Union Bank (#00974775), both acknowledged by
US Office of the Comptroller of Currency on October 4, 2009.
  Sent:    Sun, 20 Dec 2009 18:50:20 -0500

was read on Sun, 20 Dec 2009 18:56:35 -0500