Bank of America President Moyniahn; US Judge Rakoff; US Judge Phillips; SEC Schapiro; Controller of the Currency Dugan
Los Angeles, January 5 – recent news reports indicate that a “team of Bank of America officials is scrambling to investigate its own documents and executives' hard drives in an effort to be prepared, should WikiLeaks release devastating materials about the bank.” [1,2]
However, evidence of criminality by Bank of America and its senior executives in collusion with the state and US courts is abundant even prior to the WikiLeaks anticipated release. [1, 3]
US media have so far hesitated to report on the matter, and it remains questionable to what degree US media would report the anticipated WikiLeaks release of Bank of America records as well. [4]
In particular, US media refuse to report on the tight linkage between alleged corruption of Bank of America and its senior executives and alleged misconduct in the state and US courts:
The evidence is abundant of misconduct in foreclosure proceedings in the state courts across the United States. Such proceedings are routinely conducted in the absence of valid loan records. [5]
Fraud and abuse are rampant on the part of loan modification consultants and attorneys as well, and the California Attorney General requires that attorneys and consultants, who wish to protect individuals in such allegedly perverted court proceedings, post a $100,000 bond. Disciplinary proceedings were initiated against attorneys, who protect individuals against financial institutions. As a result, California homeowners are left with little protection. [6]
In Florida the state courts protect law firms, who filed fabricated loan records in foreclosure proceedings on behalf of mortgage companies, against law enforcement by the Florida Attorney General. [7]
Human Rights Alert has also released compelling evidence of racketeering by Bank of America and its senior executives in the Superior Court of California, County of Los Angeles, and the protection of such conduct by the US District Court, Central District of California. Accordingly, Human Rights Alert called for impeachment proceedings against US Judge Virginia Phillips and the US District Clerk Terry Nafisi. [9]
SEC and the US Controller of the Currency also refuse to take action against Bank of America relative to alleged racketeering at the State of California and US courts. [8]
Moreover, Human Rights Alert published evidence of the conduct of pretense litigation in SEC v Bank of America Corporation in the US District Court, Southern District of New York, and accordingly called for impeachment proceedings against US Judge Jed Rakoff and Clerk Ruby Krajick. [10] The litigation was repeatedly covered by US mainstream media outlet, falsely reported as valid litigation. [11, 12]
The April 2010 Human Rights Alert submission to the Human Rights Council (HRC) of the United Nations focused on financial institutions fraud in the courts (and separately – on large-scale false imprisonments). The submission was incorporated into the official staff report of the HRC with reference to “corruption of the courts and the legal profession”. [13]
Conditions in the state and US courts today are similar to those that prevailed a century ago, during the notorious Robber Baron Era, and the economic and social outcomes are similar as well. [1,14]
LINKS:
[1] 11-01-05 Media: Bank of America, Home Foreclosures, and the US Economy at a Crossroads
[2] 11-01-02 Facing WikiLeaks Threat, Bank of America Plays Defense - NYTimes
[3] 10-12-07 Bank of America Pays $137 Million to Settle Bid-Rigging Charges "tip of the iceberg" - NYTimes, LATimes, Bloomberg
[4] 10-12-25 Banks and WikiLeaks - NYTimes
10-12-17 Press Release: SEC's Freedom of Information Response in Re SEC v Bank of America Corporation (1:09-cv-06829)
10-12-17 RE: SEC Freedom of Information Response re: SEC v Bank of America Corporation (1:09-cv-06829)
[5] 10-10-08 a) AP - Bank of America Issues Nationwide Moratorium on Foreclosures, b) CNBC – Foreclosure Primer
[6] 09-06-03 California Attorney General Requires Foreclosure Consultants to Register and Post Bond - California Bankruptcy Attorney Blog
10-12-21 California's Attempt to Prevent Mortgage Rescue Fraud Leaves Homeowners in a Lurch - Chicago Foreclosure Lawyer Blog
10-08-09 Real Estate, Attorney Scams Rise Amid Foreclosures _ California Watch
[7] 10-12-23 State of Florida Attorney General v Fishman Shapiro LLP (4DI0-4526) in the Florida Court of Appeals Fourth District Petition and Response
10-12-29 Florida: Corruption of the Courts and the Legal Profession with Impunity
[8] 10-05-05 Countrywide Bank of America NYSE BAC and its President Brian Moynihan Compilation of Records Evidence of Racketeering
10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein's Inquiries on Comptroller of the Currency
10-07-06 Complaint Filed with US Attorney Office Los Angeles Against Moynihan Bank of America [NYSE:BAC] Bryan Cave LLP Alleging Racketeering
[9] 10 12 07 Press Release: Request for investigation, impeachment proceedings where appropriate, in re TERRY NAFISI – Clerk of the US Court, Central District of California
10 12 07 Request for Investigation and if Appropriate Impeachment Proceedings against TERRY NAFISI Clerk of the Court, US District Court, Central District of California
10 10 30 Zernik, J Case Management and Online Public Access Systems of the Courts in the United States pending
[10] 10 12 05 Press Release: Request for investigation, impeachment proceedings where appropriate, in re: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, and US Magistrate CARLA WOEHRLE – for conduct, which undermined Banking Regulation and/or Human Rights in the United States
10 12 04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, US Magistrate CARLA WOEHRLE Request for Investigation, Impeachment Proceedings Where Appropriate
10 12 08 Press Release Request for Investigation, Impeachment of RUBY KRAJICK, Clerk US District Court, Southern District of New York
10 12 08 Securities and Exchange Commission v Bank of America Corporation(1:09 cv 06829) Request for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York
10 12 08 Securities and Exchange Commission v Bank of America Corporation(1:09 cv 06829) Request for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York
[11] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation Pretense Litigation and Pretense Banking Regulation in the United States
[12] 10 12 19 Press Release: New Evidence Filed with US Congress of Conduct of Invalid Litigation in SEC v Bank of America Corporation in Collusion with the US District Court in New York
10 12 19 RE: Securities and Exchange Commission v Bank of America Corporation (1:09 cv 06829) Addendum to Request for Investigation impeachment of Judge Rakoff and Clerk Krajick
[13] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:
[14] 10 11 06 Citizens United v Federal Election Commission, 130 SCt 876 (2010) – and opinion of Prof Erwin Chemerinsky a landmark decision in ushering in a Robber Baron Revival Era.
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