10-02-16 Notice of Intent to intervene to SEC and BAC//Aviso de intención de intervenir a la SEC y BAC

  
Mary Schapiro - SEC_ _ Brian Moynihan - BAC Timothy Mayopoulos

Date: Tue, 16 Feb 2010 11:23:56 -0800
To: boryshansky, lewis, chen, liman
From: joseph zernik
Subject: SEC v BAC (1:09-cv-06829) - Notice to parties of intent to intervene and offer to confer.

TO ATTORNEYS FOR SEC AND BANK OF AMERICA CORPORATION ("BAC") IN SEC V BAC (1-09-cv-06829)
Copied to Office of New York State Attorney General Andrew Cuomo, NY, NY, and to the Basel Accords Committee, Basel Switzerland.
By email and by fax.

The favor of response within 2 business days was requested

RE: Notice to parties of intent to intervene and offer to confer

Dear Attorneys for SEC and BAC:

Please take notice of intent of Dr Joseph Zernik, stockholder of BAC, and victim of alleged fraud and extortion by BAC and its Bank of America Home Loans, to intervene in SEC v BAC (1:09-cv-06829), and offer to confer. 

The Court, in its February 11, 2010 Order, referred to the litigation, referenced above, as "curious".  As stated in Affidavit filed with the Court and served on the parties on September 9, 2009,[1] and in other previous communications with the parties, Joseph Zernik believed that instant litigation could not be deemed effectual litigation.  The reason was that SEC and BAC only engaged in a false display of an adversarial court action.  In fact - BAC had no intention to comply with the law, while SEC had no intention to enforce the law on BAC. The two parties appeared in court with no adversarial intentions at all, only to use to court to rubber-stamp their original proposed Consent Judgment, of August 2009, which was of no consequence.  Such Consent Judgment did not affect any of the individuals who allegedly perpetrated the Securities Fraud, and imposed monetary penalty of relative insignificance, at some $30 millions, while BAC was the recipient of ~$200 billions in bailout funds from the US taxpayer.

The goals of the intended intervention by Joseph Zernik will include, but may not be limited to the following:

1) Compel SEC to perform its duties and enforce the law on BAC by investigating complaints alleging Securities Fraud and other criminalities at Countrywide Financial Corporation - and later at BAC, which SEC has consistently refused to investigate since 2007.

2) File claims against BAC  based on various types of predicated acts pursuant to civil RICO, including, but not limited to fraud, extortion, obstruction and perversion of justice, including, but not limited to employment of Outside Counsel in violation of BAC's own stated outside counsel policy manual, and engaging in monetary transactions in property derived from specified unlawful activity.

3) File claims against BAC pursuant to False Claims Act, relative to complaints that Dr Joseph Zernik filed with FBI starting January 2007, in which he detailed the fraud  and large liabilities to US government by Countrywide Home Loans, Inc, through  false underwriting of extremely unworthy, government-backed uniform residential loan applications, including, but not limited to:

a) Operation of EDGE - alleged fraudulent underwriting monitoring/ case management system, which allowed (and  most likely still allows) various transactions, including, but not limited to:

(i) Holding of loan applications active in violation of time frames promulgated under Regulation B of the Federal Reserve

(ii) Activating loan applications, which pursuant to Underwriting Condition/Decision Letter of the truly assigned Underwriter were terminated.

(iii) Conducting of false underwriting transactions on loan applications by persons who were not underwriters at all.

(iv) Presenting of loan applications for funding while no true underwriting by a duly assigned underwriter was ever completed.

(v) Presenting of loan applications for funding while the applicant/borrower never fulfilled the conditions set forth in the initial Condition/Decision Letter of the truly assigned Underwriter.

b) Operation of various convoluted fax schemes - through which the true fax servers of Countrywide were circumvented, and loan applications were retroactively constructed using records that were furnished through anonymous fax transmissions, with no authentication at all, and against the stated fax operation policies of Countrywide itself.

c) Presenting of loan applications for funding, which failed to included even a single authenticated transmission from the  licensed Loan Broker, which failed to include even a single authentic signature of the loan broker, and where the certification of records by loan broker was left unsigned.

4) Respond to February 11, 2010 Order by the Honorable Rakoff, where he sought discovery bearing on the matter of termination of Mr Timothy Mayopoulos on or about December 10, 2008.  In such discovery Joseph Zernik will attempt to provide the court with evidence that replacement of Mr Timothy Mayopoulos as General Counsel at Bank of America Corporation by Mr Brian Moynihan, was closely correlated with resumption of conduct that is alleged as foundation for RICO claims above, which was opposed by the Office of General Counsel under Mr Timothy Mayopoulos.

The Court, in its February 11, 2010, referred to facts that emerged in investigation by New York State General Counsel Andrew Cuomo, who focused his investigation on events related to the merger with Merrill Lynch.  Joseph Zernik will provide the Court evidence of events that were founded in the earlier, US Government-chaperoned merger with Countrywide Financial Corporation, which affected fraud in certifications relative to fraud by management pursuant to Sarbanes Oxley Act (2002) in periodic reports, and refusal of Bank of America to report to the Audit Committee allegations of fraud, or allow the Audit Committee to review complaints of fraud by management, amounting to whistle blowing, while continuing retaliation, intimidation, and harassment of victim/informant/witness.

Some of the evidence related to the claims above was already furnished to the parties in September 9, 2009 Affidavit of Dr Joseph Zernik and its Appendices. [1]

Response from the parties is sought regarding the offer to confer. Email response preferred, in order to expedite communications.

The favor of response within 2 business days was requested

Dated: February 16, 2010                                        Joseph H Zernik
                                                                
                                                                By: __________
                                                                JOSEPH H ZERNIK, Pro Se Filer
                                                                PO Box 256
                                                                La Verne California 91750
                                                                Tel: 323 515 4583
                                                                Fax: 323.488.9697
                                                                E-Mail: jz12345@earthlink.net
                                                                Blog: http://inproperinla.blogspot.com/
                                                                Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
Links:
[1] September 9, 2009 Affidavit of Dr Joseph Zernik in opposition to proposed Consent Judgement then pending before the Court in SEC v BAC (1-09-cv-06829)
http://www.scribd.com/doc/26910915/09-09-09-SEC-v-Bank-of-America-Corporation-1-09-cv-06829-Dr-Joseph-Zernik%E2%80%99s-Affidavit-and-Appendices-in-opposition-to-settlement-then-pending-before