10-02-05 Requesting Brian Moynihan and Ed O'Keefe to report fraud by management - Sandor Samuels to the Audit Committee of Bank of America Corporation.

   

Date: Fri, 05 Feb 2010 02:22:11 -0800
To: "Moynihan, Brian T" O'Keefe, Ed", "Attention General Counsel Ed O'Keefe and President Brian Moynihan, C/O Ryan, Patrick C -Legal"
From: joseph zernik
Subject: Request for Brian Moynihan - President of BofA, and Ed O'Keefe - General Counsel,  to inform the Audit Committee of BofA pursuant to Sarbanes Oxley Act (2002) of Fraud by Management - Sandor Samuels  - Associate General Counsel. Timely response requested within 10 days.
Cc: "Mary Schapiro", "Bailey, Kevin", "John Dugan"


RE: Request for Brian Moynihan, President of BofA and Ed O'Keefe - General Counsel, to inform the Audit Committee of BofA pursuant to Sarbanes Oxley Act (2002) of Fraud by Management - Sandor Samuels  - Associate General Counsel.

To Brian Moynihan - BofA President, and to Ed O'Keefe - BofA General Counsel;
Copied to Mary Schaprio - Chair, SEC, John Dugan - Director, Office of the Comptroller of the Currency, Andrew Cuomo, Attorney General of the State of New York, and the Basel Committee.
By email and by fax.

Dear Mr Moynihan, and Mr O'Keefe:

Please accept this request by Dr Joseph Zernik, stockholder, that you report to the Audit Committee of BofA , pursuant to Sarbanes Oxley Act (2002), fraud by management - Sandor Samuels - Associate General Counsel of BofA.  The fraud was and is by Sandor Samuels in collusion with others, including, but not limited to his friend, Attorney David Pasternak. Such fraud was opined by two fraud experts of the highest reputation, James Wedick and Robert Meister.

Such fraud included:

a) Fraud against stockholders of Countrywide Financial Corporation and Bank of America Corporation, including, but not limited to false certifications pursuant to Sarbanes Oxley Act (2002) in periodic reports;

b) Large-scale fraud in Countrywide relative to false underwriting and the funding of extremely unworthy US government-backed, uniform residential loan applications, under the guise of true underwriting, using the fraudulent case management system "EDGE" for underwriting monitoring.

c) Fraud, extortion, harassment, intimidation and retaliation against Dr Joseph Zernik, after he uncovered such large-scale fraud by Countrywide and filed complaints in that regard with FBI. Such extortionist conduct against Dr Joseph Zernik continues to this date.

In December 2006-January 2007, Dr Zernik uncovered the large-scale fraud at Countrywide against stockholders and against the US government, and he filed complaint to that effect with FBI, where he correctly projected liabilities to the US Government at the hundreds of billions of US dollars as result of such fraud.  Subsequently, Countrywide, under the guidance of Sandor Samuels engaged in malicious litigation under the caption of Samaan v Zernik (SC087400), where Countrywide and later BofA appear to this date under the false party designation of "Non-Party", and where Sandor Samuels falsely appears as "Person in Interest". Under the caption of Samaan v Zernik (SC087400) Countrywide, and later Bank of America filed hundreds of false banking records, declarations, motions, and purported orders and judgments, all without exception false and deliberately misleading. 

In the course of such litigation, Countrywide and BofA, under the guidance of Sandor Samuels, also engaged in false appearances by Counsel - Bryan Cave, LLP, which continued even when the office of General Counsel of BofA under General Counsel Timothy Mayopoulos repeatedly informed Dr Zernik that Bryan Cave, LLP was not authorized to appear on behalf of BofA in the respective caption.

To simplify review of the multiple types of fraud involved in the case, the Audit Committee of BofA was repeatedly requested to review only 6 key Countrywide/Bank of America records from such malicious litigation, all alleged or opined as fraud. [1]  However,  correspondence of Dr Zernik with General Tommy Frank, former member of the Audit Committee, would lead one to conclude that the Audit Committee was never informed of the complaints filed by Dr Zernik pursuant to Sarbanes Oxley Act (2002), and likewise, that the Audit Committee was never informed of  the fraud by management - by Sandor Samuels - Associate General Counsel, and others.

Although conduct of Sandor Samuels and Countrywide/BofA under caption of Samaan v Zernik (SC087400) was extreme, the pattern of fraud by the Legal Department of Countrywide under Sandor Samuels in courtrooms across the United States was well established in the Case of Borrower Hill (01-22574) in Pittsburgh, Pennsylvania, and the Case of Borrower Parsley (05-90374) in Houston Texas.  The latter case also included a one- year study by the United States Trustee regarding litigation practices of Countrywide in courts across the nation.

Therefore, Mr Moynihan and My O'Keefe are herein requested to perform their duties pursuant to Sarbanes Oxley Act (2002) and inform the Audit Committee of Fraud by Management - by Sandor Samuels, Associate General Counsel of Bank of America Corporation.

Response is kindly requested within 10 days, informing stockholder Dr Joseph Zernik whether Brian Moynihan - President, and Ed O'Keefe - General Counsel, performed such duties pursuant to Sarbanes Oxley Act (2002).

Respectfully,
Dated: February 05, 2010                
La Verne, County of Los Angeles, California                       Joseph H Zernik, PhD  
                                                                                     
                                                                                  By: ______________                                                                                                            JOSEPH H ZERNIK
                                                                                                           PO Box 526, LV CA 91750

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[1] List of Six key records that the Audit Committee of BofA was requested in previous complaints pursuant to Sarbanes Oxley Act (2002) to review as fraud by Sandor Samuels and others.
http://inproperinla.com/09-04-17-list-of-six-key-records-for-bac-audit-committee-review-s.pdf