Following the reports of the untimely death of bank fraud whistleblower Tracy Lawrence, and his previously released Declaration (copied below), Joseph Zernik, PhD, provided a short Supplemental Declaration, regarding the nature of the frauds perpetrated on Dr Joseph Zernik by COUNTRYWIDE and BANK OF AMERICA.
In January 2008, the New York Times published Gretchen Morgenson’s report regarding the filing of three (3) “Recreated Letters” by Countrywide’s attorneys in the US Bankruptcy Court in Pennsylvania. The news caused the immediate collapse of Countrywide. Hundreds of false and deliberately misleading records were produced, filed, and issued in this matter as real estate, banking and judicial and clerical records, regardless of ongoing protests. If each of these records were counted as a Predicated Act per RICO (Racketeer Influenced and Corrupt Organizations Act 18 USC § 1961–1968), then COUNTRYWIDE, BANK OF AMERICA, BRYAN CAVE, LLP, SHEPPARD MULLIN, LLP, the LOS ANGELES SUPERIOR COURT and the other perpetrators, should all be deemed racketeers.
View as PDF: http://www.scribd.com/doc/
Bank of America President BRIAN MOYNIHAN;
Countrywide's Chief Legal Officer SANDOR SAMUELS
December 27 - in response to requests by readers, Joseph Zernik, PhD, of Human Rights Alert (NGO), released: a short Supplemental Declaration regarding the nature of the fraud perpetrated on him by Countrywide, Bank of America, and the Courts, Law Enforcement, and Banking Regulators.Supplemental Declaration of Joseph Zernik in RE: Fraud by JAE ARRE LLOYD, COUNTRYWIDE, BANK OF AMERICA, Judges, Clerk, Attorneys, Law Enforcement, and Banking Regulators
I, the undersigned, Joseph Zernik, declare as follows:
1) In 2004 I was trying to sell my property at 320 South Peck Drive, Beverly Hills 90212 property.
2) Upon information and belief convicted felon JAE ARRE LLOYD was trying to launder his proceeds from his previous criminality through purchasing the property under the name of NIVIE SAMAAN, a straw buyer, who was penniless.
3) I refused to review NIVIE SAMAAN's offer, presented by Real Estate Salesperson MICHAEL LIBOW (COLDWELL BANKER RESIDENTIAL BROKERAGE), without a third party arms-length prequalification letter.
4) In response I was presented by MICHAEL LIBOW with a Prequalification Letter that later was opined as fraud by nationally renowned fraud expert BOB MASTER. [1]
5) I thus assented to the contract through fraudulent induction.
6) The contract included the standard stipulation that "Buyer shall honestly and expediently seek the required mortgage loans."
7) Unbeknown to me, JAE ARRE LLOYD and NIVIE SAMAAN, jointly filed a fraudulent government-backed Uniform Residential Real Estate Loan Applications (1003), for almost $2 millions with COUNTRYWIDE HOME LOANS, San Rafael Branch, headed by MARIA MCLAURIN. [2]
8) Unbeknown to me, the fraud was identified by Senior Underwriter DIANE FRAZIER on day one, and the mortgage never went through in a timely manner.
9) Both the records, and my communications with DIANE FRAZIER showed that later, Branch Manager MARIA MCLAURIN removed the loan applications from the due underwriter DIANE FRAZIER, and decided to approve them and present them for funding, in blatant violation of various laws, regulations, and COUNTRYWIDE's own procedures.
10) Regardless, the loans were never funded. Their funding was "DENIED" by COUNTRYWIDE BANK.
11) During escrow it was also discovered, and later further detailed, that NIVIE SAMAAN was falsifying fax communications between her fictitious Mortgage Broker VICTOR PARKS (PACIFIC MORTGAGE CONSULTANTS), my realtor, MICHAEL LIBOW, and COUNTRYWIDE HOME LOANS. Such communications should be deemed fax/wire/financial institution fraud. [3]
12) After the fax fraud was discovered, and after NIVIE SAMAAN failed to obtain the mortgage within the time stipulated, and failed to provide any explanation, or request an extension, I gave her due Notice to Buyer to Perform, and when she refused to perform, I canceled the contract pursuant to the law of California.
13) In 2005, NIVIE SAMAAN initiated simulated litigation [4] in the SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, under Samaan v Zernik (SC087400), under a cause of actions of "Specific Performance or Breach of Contract," where:
- a) No Filing Fees were paid for the complaint, but the Clerk of the Court refused to dismiss the complaint as required by law;
- b) No real estate contract was filed with the complaint, and the nature of the "breach of contract" was never detailed either, but Judge JACQUELINE CONNOR denied a Demurer pursuant to the Statute off Frauds, through a simulated Demurer proceeding that was never registered by the Court.
- i. Demanding that COUNTRYWIDE, and later BANK OF AMERICA stop the fraud against me;
- ii. Demanding that COUNTRYWIDE, and later BANK OF AMERICA name their Counsel of Record;
- iii Demanding that BANK OF AMERICA respond on Complaints of fraud by senior officers, filed with the Audit Committees pursuant to Sarbanes-Oxley Act (2002).
15) Through such conduct, I was in fact unlawfully held by the Court from 2004-2010, in what should be deemed extortion under the Color of Law.
16) in January 2007, I filed my complaints with FBI, SEC, OFFICE OF THRIFT SUPERVISION, FEDERAL TRADE COMMISSION, FEDERAL RESERVE detailing the fraud on me, as an individual, on the shareholders and on the tax payers, almost a full year before the fraud was consummated.
17) No law enforcement agency has provided me protection against these frauds to this date.
18) In January 2008, the New York Times published Gretchen Morgenson’s report regarding the filing of three (3) “Recreated Letters” by Countrywide’s attorneys in the US Bankruptcy Court in Pennsylvania. The news caused the immediate collapse of Countrywide. [8]
19) Only a small fraction of the frauds perpetrated by the various parties in this matter were outlined in instant Supplemental Declaration. If each and every false and deliberately misleading paper filed by the various parties, and each and every false and deliberately misleading record filed and admitted as evidence, and each and every false and deliberately misleading simulated judicial and clerical record in this case were counted as a Predicated Act, pursuant to the Racketeer Influenced and Corrupt Organizations Act 18 USC 1961-1968, there were hundreds of such Predicated Acts in this matter, over the period of some 5 years. This conduct continued regardless of continued protests from early 2007 to 2010.
Signed this date: December 28, 2011, here in Jerusalem,
__________
Joseph Zernik
LINKS
[1] 04-09-27 Opinion Letter by Fraud Expert ROBERT MEISTER re: Prequalification Letter of NIVIE SAMAAN by VICTOR PARKS and Countrywide's Uniform Residential Loan Applications (1003) of NIVIE SAMAAN
http://www.scribd.com/doc/
[2] 04-09-27 Opinion Letter by Fraud Expert ROBERT MEISTER re: Prequalification Letter of NIVIE SAMAAN by VICTOR PARKS and Countrywide's Uniform Residential Loan Applications (1003) of NIVIE SAMAAN
http://www.scribd.com/doc/
[3] 04-10-18 - 20 Samaan v Zernik (SC087400) Email Correspondence of Realtor Michael Libow with person represented as Victor Parks -- evidence of wire/fax fraud by Nivie Samaan
http://www.scribd.com/doc/
04-09-27 Samaan v Zernik (SC087400) Nivie Samaan's Fraudulent Uniform Residential Loan Applications (1003) Pertaining to Property at 320 South Peck Drive, Beverly Hills, and Their Fraudulent Underwriting by Countrywide Home Loans, Inc s
http://www.scribd.com/doc/
[4] "Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal Code as follows:
Texas Penal Code §32.48. SIMULATING LEGAL PROCESS.
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[5] 08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by counsel who are not Counsel of Record, with "no communications with clients" clause:
http://www.scribd.com/doc/
[6] 07-07-06 Samaan v Zernik (SC087400) "Non Party" Countrywide: Ex parte application for a Protective/Gag Order s
http://www.scribd.com/doc/
[7] 09-01-13 Samaan v Zernik (SC087400) Bank of America and Bryan Cave LLP filing, on behalf of "Non Party" Countrywide - Notice of Motion Sanctions Contempt v Dr Zernik
http://www.scribd.com/doc/
[8] 08-01-08 Case of Borrower Hills (01-22574) in the US Bankruptcy Court, Eastern District of Pennsylvania: Countrywide’s three "recreated letters", transcript, and news reports:
http://www.scribd.com/doc/
_________
http://www.scribd.com/doc/
____
Joseph Zernik, PhDHuman Rights Alert (NGO)
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
_______
http://inproperinla.wordpress.
http://www.liveleak.com/user/
http://www.examiner.com/x-
* Foreclosure fraud: The homeowner nightmares continueCNN (April 7, 2011)
* About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 millionby 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." http://www.scribd.com/doc/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?* "What goes on there is more like gulags of centuries ago."ACLUhttp://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/
A call for proposals, ending January 10, 2012.
#Occupy Jerusalem-AlQuds - the Party!
Late August 2012
Love, Peace, Justice
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Empowering the People through
a dance/music/art/study/pray
celebration
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VIEW VIDEO:11-12-12 Oh My God, it's Occupy Jerusalem-AlQuds!
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All comments are welcome... especially any tips regarding corruption of the courts in Los Angeles. Anonymous tips are fine. One simple way to do it is from internet cafes, etc.